bills_name	bills_link	bills_text
H.R. 18 (Introduced in House) - No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr18ih/html/BILLS-117hr18ih.htm	DOC 117th CONGRESS 1st Session H. R. 18 To prohibit taxpayer funded abortions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 5, 2021 Mr. Smith of New Jersey (for himself, Mrs. Hartzler, Mr. Aderholt, Mr. Allen, Mr. Armstrong, Mr. Arrington, Mr. Babin, Mr. Bacon, Mr. Balderson, Mr. Banks, Mrs. Bice of Oklahoma, Mr. Biggs, Mr. Bishop of North Carolina, Mrs. Boebert, Mr. Bost, Mr. Brooks, Mr. Buchanan, Mr. Budd, Mr. Burchett, Mr. Burgess, Mr. Carl, Mr. Carter of Georgia, Mr. Chabot, Ms. Cheney, Mr. Cloud, Mr. Clyde, Mr. Cole, Mr. Curtis, Mr. Davidson, Mr. Rodney Davis of Illinois, Mr. Duncan, Mr. Dunn, Mr. Emmer, Mr. Feenstra, Mrs. Fischbach, Mr. Fortenberry, Ms. Foxx, Mr. C. Scott Franklin of Florida, Mr. Gaetz, Mr. Gibbs, Mr. Gonzalez of Ohio, Mr. Good of Virginia, Mr. Graves of Louisiana, Mr. Graves of Missouri, Mr. Griffith, Mr. Grothman, Mr. Guest, Mr. Guthrie, Mr. Hagedorn, Mr. Harris, Mrs. Harshbarger, Mr. Hern, Ms. Herrell, Mr. Hice of Georgia, Mrs. Hinson, Mr. Hollingsworth, Mr. Hudson, Mr. Huizenga, Mr. Issa, Mr. Jackson, Mr. Jacobs of New York, Mr. Johnson of South Dakota, Mr. Johnson of Louisiana, Mr. Jordan, Mr. Joyce of Pennsylvania, Mr. Keller, Mr. Kelly of Mississippi, Mr. Kinzinger, Mr. Kustoff, Mr. LaHood, Mr. LaMalfa, Mr. Lamborn, Mr. Latta, Mr. LaTurner, Mrs. Lesko, Mr. Loudermilk, Mr. Luetkemeyer, Ms. Mace, Mr. Mann, Mr. Mast, Mr. McCarthy, Mrs. McClain, Mr. McHenry, Mr. McKinley, Mrs. Rodgers of Washington, Mrs. Miller of West Virginia, Mrs. Miller of Illinois, Mr. Moolenaar, Mr. Mooney, Mr. Moore of Alabama, Mr. Moore of Utah, Mr. Mullin, Mr. Murphy of North Carolina, Mr. Newhouse, Mr. Norman, Mr. Owens, Mr. Perry, Mr. Pfluger, Mr. Posey, Mr. Reschenthaler, Mr. Rice of South Carolina, Mr. Rogers of Kentucky, Mr. Rogers of Alabama, Mr. Rose, Mr. Rosendale, Mr. Rouzer, Mr. Roy, Mr. Rutherford, Mr. Scalise, Mr. Schweikert, Mr. Austin Scott of Georgia, Mr. Sessions, Mr. Smith of Missouri, Mr. Smucker, Mr. Stauber, Mr. Steil, Mr. Steube, Mr. Stewart, Mr. Taylor, Mr. Thompson of Pennsylvania, Mr. Timmons, Mrs. Wagner, Mr. Walberg, Mrs. Walorski, Mr. Waltz, Mr. Weber of Texas, Mr. Wenstrup, Mr. Westerman, Mr. Williams of Texas, Mr. Wilson of South Carolina, Mr. Womack, Mr. Wright, and Mr. Young) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit taxpayer funded abortions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by an Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND COST-SHARING REDUCTIONS UNDER ACA. (a) In General.-- (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion.-- (A) In general.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code)''. (B) Option to purchase or offer separate coverage or plan.--Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion.-- Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term''; and (B) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.-- ``(A) In general.--The term `qualified health plan' does not include any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code). ``(B) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section.''. (3) Conforming aca amendments.--Section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended-- (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to Multi-State Plans.--Paragraph (6) of section 1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read as follows: ``(6) Coverage consistent with federal abortion policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2021, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION PREMIUM SURCHARGES. (a) In General.--Paragraph (3) of section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended to read as follows: ``(3) Rules relating to notice.-- ``(A) In general.--The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). ``(B) Separate disclosure of abortion surcharges.-- In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act. all
H.R. 190 (Introduced in House) - Leave Ethanol Volumes at Existing Levels Act	https://www.govinfo.gov/content/pkg/BILLS-117hr190ih/html/BILLS-117hr190ih.htm	DOC 117th CONGRESS 1st Session H. R. 190 To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Leave Ethanol Volumes at Existing Levels Act'' or the ``LEVEL Act''. SEC. 2. REPEAL OF EXPANSION OF RENEWABLE FUEL PROGRAM. (a) Definitions.--Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended to read as follows: ``(1) Definitions.--In this section: ``(A) Cellulosic biomass ethanol.--The term `cellulosic biomass ethanol' means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including-- ``(i) dedicated energy crops and trees; ``(ii) wood and wood residues; ``(iii) plants; ``(iv) grasses; ``(v) agricultural residues; ``(vi) fibers; ``(vii) animal wastes and other waste materials; and ``(viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. ``(B) Waste derived ethanol.--The term `waste derived ethanol' means ethanol derived from-- ``(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or ``(ii) municipal solid waste. ``(C) Renewable fuel.-- ``(i) In general.--The term `renewable fuel' means motor vehicle fuel that-- ``(I)(aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or ``(bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and ``(II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. ``(ii) Inclusion.--The term renewable fuel includes-- ``(I) cellulosic biomass ethanol and waste derived ethanol; and ``(II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). ``(D) Small refinery.--The term `small refinery' means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.''. (b) Renewable Fuel Program.--Paragraph (2) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows: (1) Regulations.--Clause (i) of subparagraph (A) is amended by striking the last sentence. (2) Applicable volumes of renewable fuel.--Subparagraph (B) is amended to read as follows: ``(B) Applicable volume.--For the purpose of subparagraph (A), the applicable volume of renewable fuel for each calendar year shall be 7,500,000,000 gallons.''. (c) Applicable Percentages.--Paragraph (3) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(3)) is amended as follows: (1) In subparagraph (A), by striking ``each of calendar years 2005 through 2021'' and inserting ``each calendar year''. (2) In subparagraph (A), by striking ``transportation fuel, biomass-based diesel, and cellulosic biofuel'' and inserting ``gasoline''. (3) In subparagraph (B)(i), by striking ``each of calendar years 2005 through 2021'' and inserting ``each calendar year''. (4) In subparagraph (B), by striking ``transportation fuel'' and inserting ``gasoline'' in clause (ii)(II). (d) Cellulosic Biomass Ethanol or Waste Derived Ethanol.--Paragraph (4) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended to read as follows: ``(4) Cellulosic biomass ethanol or waste derived ethanol.--For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel.''. (e) Credit Program.--Paragraph (5) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(5)) is amended by striking subparagraph (E). (f) Waivers.-- (1) In general.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (A), by striking ``, by any person subject to the requirements of this subsection, or by the Administrator on his own motion''; and (B) by inserting ``State'' before ``petition for a waiver'' in subparagraph (B). (2) Cellulosic biofuel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraph (D). (3) Biomass-based diesel.--Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraphs (E) and (F). (g) Periodic Reviews.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (11). (h) Savings Clause.--Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by striking paragraph (12). (i) Regulations.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by striking paragraph (2) of subsection (v). (j) Other Provisions.-- (1) Environmental and resource conservation impacts.-- Section 204(b) of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (2) Effective date, savings provision, and transition rules.--Section 210 of the Energy Independence and Security Act of 2007 (Public Law 110-140) is repealed. (k) Effective Date.--The amendments made by this section shall take effect on January 1 of the first calendar year following the date of enactment of this Act. (l) Estimates for First Calendar Year.--Prior to January 1 of the first calendar year following the date of enactment of this Act-- (1) the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate, under section 211(o)(3) of the Clean Air Act, as amended by this Act, with respect to such calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States; and (2) based on the estimate provided under paragraph (1), the Administrator of the Environmental Protection Agency shall determine and publish in the Federal Register, with respect to such calendar year, the renewable fuel obligation for such calendar year under section 211(o)(3) of the Clean Air Act, as amended by this Act. SEC. 3. PROHIBITION OF AUTHORIZATION OF HIGHER ETHANOL BLENDS. (a) Prohibition.--Notwithstanding any provision of the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency may not permit or authorize (including by granting a waiver through the fuels and fuel additives waiver process under section 211(f)(4) of such Act (42 U.S.C. 7545(f)(4))) the introduction into commerce of gasoline that-- (1) contains greater than 10-volume-percent ethanol; (2) is intended for general use in conventional gasoline- powered onroad or nonroad vehicles or engines; and (3) is not, on or before the date of enactment of this Act-- (A) registered in accordance with section 211(b) of such Act (42 U.S.C. 7545(b)); and (B) lawfully sold in the United States. (b) Repeal of Existing Waivers.-- (1) In general.--Any waiver described in paragraph (2) is repealed and shall have no force or effect. (2) Waiver.--A waiver described in this paragraph-- (A) is a waiver granted pursuant to section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) prior to the date of enactment of this Act that permits or authorizes the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline- powered onroad or nonroad vehicles or engines; and (B) includes the following: (i) ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'' published at 75 Fed. Reg. 68094 (November 4, 2010). (ii) ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'' published at 76 Fed. Reg. 4662 (January 26, 2011). (3) Exception.--Paragraph (1) shall not apply with respect to a waiver to the extent such waiver permits or authorizes the introduction into commerce of gasoline-- (A) that is described in paragraph (2)(A); and (B) that is, on or before the date of enactment of this Act-- (i) registered in accordance with section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)); and (ii) lawfully sold in the United States. (c) Study.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on-- (1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (b)(2)(A) on consumer products, including-- (A) onroad and nonroad vehicles; (B) nonroad engines (such as lawn mowers); and (C) any other applicable gasoline-powered vehicles, engines, and devices; (2) the impact of an ethanol-gasoline blend described in subsection (b)(2)(A) on-- (A) engine performance of conventional gasoline- powered onroad and nonroad vehicles and nonroad engines; (B) emissions from the use of the blend; and (C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); and (3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers. all
H.R. 191 (Introduced in House) - Energy Efficiency Free Market Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr191ih/html/BILLS-117hr191ih.htm	DOC 117th CONGRESS 1st Session H. R. 191 To repeal Federal energy conservation standards, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To repeal Federal energy conservation standards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficiency Free Market Act of 2021''. SEC. 2. REPEAL OF ENERGY CONSERVATION STANDARDS. (a) Definitions.--Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is amended-- (1) in paragraph (4), by striking ``, determined in accordance with test procedures under section 323''; (2) in paragraph (5), by striking ``, determined in accordance with test procedures under section 323''; (3) by striking paragraph (6); (4) in paragraph (7), by striking ``, determined in accordance with section 323''; (5) by striking paragraphs (19), (20), (22), (26), and (28); (6) in paragraph (29), by striking subparagraphs (C), (D), (E), (G), (H), (I), (J), (K), (L), (M), (N), (O), and (P); (7) in paragraph (30), by striking subparagraphs (G), (O), (U), and (V); (8) in paragraph (31), by striking subparagraph (H); and (9) by striking paragraphs (32), (33), (34), (35), (36), (37), (38), (39), (40), (41), (42), (43), (44), (45), (47), (48), (50), (52), (53), (54), (55), (56), (57), (59), (60), (62), (65), and (66). (b) Test Procedures.--Section 323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) is amended-- (1) by striking subsections (a), (b), (d), (e), and (f); and (2) in subsection (c)-- (A) in paragraph (1), by striking ``a test procedure is applicable under subsection (a)'' and inserting ``a test procedure was applicable under subsection (a) or (b), as in effect on the day before the date of enactment of the Energy Efficiency Free Market Act of 2021,''; and (B) by striking paragraphs (2) and (3). (c) Labeling.--Section 324 of the Energy Policy and Conservation Act (42 U.S.C. 6294) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (B), by striking ``and to which standards are applicable under section 325''; (ii) in subparagraph (C)(i), by striking ``and to which standards are applicable under section 325''; (iii) in subparagraph (D)-- (I) by striking clause (ii); and (II) in clause (iii)(II)-- (aa) in item (aa), by striking ``; and'' and inserting a period; and (bb) by striking item (bb); (iv) by striking subparagraph (E); and (v) by striking subparagraph (F); (B) in paragraph (3)-- (i) by striking the comma at the end of subparagraph (A) and inserting ``; and''; and (ii) by striking subparagraph (B); and (C) by striking paragraph (5); and (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``(determined in accordance with test procedures prescribed under section 323)'' each place it appears; (B) by striking paragraph (2)(C); and (C) in paragraph (8)(A), by striking ``in accordance with test procedures prescribed under section 323'' and inserting ``in accordance with generally accepted industry testing procedures''. (d) Energy Conservation Standards.--Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is repealed. (e) Requirements of Manufacturers.--Section 326 of the Energy Policy and Conservation Act (42 U.S.C. 6296) is amended-- (1) in subsection (b)-- (A) by striking paragraph (3)(A); (B) in paragraph (4), by striking ``in accordance with the test procedures applicable to such product under section 323'' and inserting ``in accordance with generally accepted industry testing procedures''; and (C) in paragraph (5), by striking ``323, 324, or 325'' and inserting ``324''; and (2) in subsection (d)-- (A) by striking ``and the economic impact of any proposed energy conservation standard''; and (B) by striking ``test procedures, labeling rules, and energy conservation standards'' and inserting ``labeling rules''. (f) Effect on Other Law.--Section 327 of the Energy Policy and Conservation Act (42 U.S.C. 6297) is amended by striking subsections (a) through (f) and inserting the following: ``(a) Prohibition on Energy Conservation Standards.--No State or Federal agency may adopt or continue in effect any requirement to comply with a standard for energy conservation or water efficiency with respect to a product.''. (g) Prohibited Acts.--Section 332(a) of the Energy Policy and Conservation Act (42 U.S.C. 6302(a)) is amended-- (1) in paragraph (4), by striking the semicolon and inserting ``; or''; (2) by striking paragraphs (5), (6), and (7); and (3) in paragraph (8)(D), by striking ``described in section 325(e)(6)(A)(ii)(V)''. (h) Enforcement.--Section 333 of the Energy Policy and Conservation Act (42 U.S.C. 6303) is amended-- (1) in subsection (a)-- (A) by striking ``or violations of paragraph (5), (6), (7), or (8)'' and inserting ``a violation of paragraph (8)''; and (B) by striking ``Each violation of paragraph (1), (2), (5), (6), (7), or (8)'' and inserting ``Each violation of paragraph (1), (2), or (8)''; and (2) by striking subsection (c). (i) Injunctive Enforcement.--Section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304) is amended-- (1) in the first sentence, by striking ``or 325''; (2) in the second sentence, by striking ``(5), (6), (7), or''; and (3) by striking the third sentence. (j) Citizen Suits.--Section 335(a) of the Energy Policy and Conservation Act (42 U.S.C. 6305(a)) is amended-- (1) in paragraph (1), by striking the semicolon at the end and inserting ``; or''; (2) in paragraph (2), by striking ``; or'' and inserting a period; (3) by striking paragraph (3); and (4) in the matter following paragraph (3), by striking the second and third sentences. (k) Administrative Procedure and Judicial Review.--Section 336 of the Energy Policy and Conservation Act (42 U.S.C. 6306) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``323, 324, 325, 327, or 328'' and inserting ``324 or 328''; and (B) by striking paragraph (2); (2) in subsection (b), by striking ``section 323, 324, or 325'' each place it appears and inserting ``324''; and (3) by striking subsection (c). (l) Consumer Education.--Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 6307) is amended by striking subsection (b). (m) Certain Industrial Equipment.--Part C of title III of the Energy Policy and Conservation Act (42 U.S.C. 6311 et seq.) is repealed. all
H.R. 192 (Introduced in House) - Targeting Rogue and Opaque Letters Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr192ih/html/BILLS-117hr192ih.htm	DOC 117th CONGRESS 1st Session H. R. 192 To provide that certain bad faith communications in connection with the assertion of a United States patent are unfair or deceptive acts or practices, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To provide that certain bad faith communications in connection with the assertion of a United States patent are unfair or deceptive acts or practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeting Rogue and Opaque Letters Act of 2021''. SEC. 2. UNFAIR OR DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH THE ASSERTION OF A UNITED STATES PATENT. (a) In General.--It shall be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) for a person, in connection with the assertion of a United States patent, to engage in a pattern or practice of sending written communications that state or represent that the recipients are or may be infringing, or have or may have infringed, the patent and bear liability or owe compensation to another, if-- (1) the sender of the communications, in bad faith, states or represents in the communications that-- (A) the sender is a person with the right to license or enforce the patent at the time the communications are sent, and the sender is not a person with such a right; (B) a civil action asserting a claim of infringement of the patent has been filed against the recipient; (C) a civil action asserting a claim of infringement of the patent has been filed against other persons; (D) legal action for infringement of the patent will be taken against the recipient; (E) the sender is the exclusive licensee of the patent asserted in the communications; (F) persons other than the recipient purchased a license for the patent asserted in the communications; (G) persons other than the recipient purchased a license, and the sender does not disclose that such license is unrelated to the alleged infringement or the patent asserted in the communications; (H) an investigation of the recipient's alleged infringement occurred; or (I) the sender or an affiliate of the sender previously filed a civil action asserting a claim of infringement of the patent based on the activity that is the subject of the written communication when the sender knew such activity was held, in a final determination, not to infringe the patent; (2) the sender of the communications, in bad faith, seeks compensation for-- (A) a patent claim that has been held to be unenforceable due to inequitable conduct, invalid, or otherwise unenforceable against the recipient, in a final determination; (B) activities undertaken by the recipient after expiration of the patent asserted in the communications; or (C) activity of the recipient that the sender knew was authorized, with respect to the patent claim or claims that are the subject of the communications, by a person with the right to license the patent; or (3) the sender of the communications, in bad faith, fails to include-- (A) the identity of the person asserting a right to license the patent to, or enforce the patent against, the recipient, including the identity of any parent entity and the ultimate parent entity of such person, unless such person is a public company and the name of the public company is identified; (B) an identification of at least one patent issued by the United States Patent and Trademark Office alleged to have been infringed; (C) an identification, to the extent reasonable under the circumstances, of at least one product, service, or other activity of the recipient that is alleged to infringe the identified patent; (D) a description, to the extent reasonable under the circumstances, of how the product, service, or other activity of the recipient infringes an identified patent and patent claim; or (E) a name and contact information for a person the recipient may contact about the assertions or claims relating to the patent contained in the communications. (b) Affirmative Defense.--With respect to subsection (a), there shall be an affirmative defense that statements, representations, or omissions were not made in bad faith (as defined in subparagraphs (B) and (C) of section 5(1)) if the sender can demonstrate that such statements, representations, or omissions were mistakes made in good faith, which may be demonstrated by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. (c) Rule of Construction.--For purposes of sections 3 and 4, the commission of an act or practice that is declared under this section to be an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)) shall be considered to be a violation of this section. SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Violation of Rule.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Powers of Commission.--The Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates section 2 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Effect on Other Laws.--Nothing in this Act shall be construed in any way to limit or affect the authority of the Commission under any other provision of law. SEC. 4. PREEMPTION OF STATE LAWS ON PATENT DEMAND LETTERS AND ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Preemption.-- (1) In general.--This Act preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, expressly relating to the transmission or contents of communications relating to the assertion of patent rights. (2) Effect on other state laws.--Except as provided in paragraph (1), this Act shall not be construed to preempt or limit any provision of any State law, including any State consumer protection law, any State law relating to acts of fraud or deception, and any State trespass, contract, or tort law. (b) Enforcement by State Attorneys General.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been adversely affected by any person who violates section 2, the attorney general of the State, may bring a civil action on behalf of such residents of the State in a district court of the United States of appropriate jurisdiction-- (A) to enjoin further such violation by the defendant; or (B) to obtain civil penalties. (2) Maximum civil penalty.--Notwithstanding the number of actions which may be brought against a person under this subsection, a person may not be liable for a total of more than $5,000,000 for a series of related violations of section 2. (3) Intervention by the ftc.-- (A) Notice and intervention.--The attorney general of a State shall provide prior written notice of any action under paragraph (1) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of section 2, no State attorney general may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Commission for any violation of such section alleged in the complaint. (4) Construction.--For purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to-- (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary and other evidence. SEC. 5. DEFINITIONS. In this Act: (1) Bad faith.--The term ``bad faith'' means, with respect to section 2(a), that the sender-- (A) made knowingly false or knowingly misleading statements, representations, or omissions; (B) made statements, representations, or omissions with reckless indifference as to the false or misleading nature of such statements, representations, or omissions; or (C) made statements, representations, or omissions with awareness of the high probability of the statements, representations, or omissions to deceive and the sender intentionally avoided the truth. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Final determination.--The term ``final determination'' means, with respect to the invalidity or unenforceability of a patent, that the invalidity or unenforceability has been determined by a court of the United States or the United States Patent and Trademark Office in a final decision that is unappealable or for which any opportunity for appeal is no longer available. all
H.R. 193 (Introduced in House) - Unaccompanied Alien Children Assistance Control Act	https://www.govinfo.gov/content/pkg/BILLS-117hr193ih/html/BILLS-117hr193ih.htm	DOC 117th CONGRESS 1st Session H. R. 193 To reduce the amount of foreign assistance to El Salvador, Guatemala, and Honduras based on the number of unaccompanied alien children who are nationals or citizens of such countries and who in the preceding fiscal year are placed in Federal custody by reason of their immigration status. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To reduce the amount of foreign assistance to El Salvador, Guatemala, and Honduras based on the number of unaccompanied alien children who are nationals or citizens of such countries and who in the preceding fiscal year are placed in Federal custody by reason of their immigration status. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unaccompanied Alien Children Assistance Control Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Gang violence, poverty, and corruption are the main drivers of illegal immigration from El Salvador, Guatemala, and Honduras to the United States. (2) According to an independent task force report by the Atlantic Council's Latin America Center-- (A) systemic corruption stagnates economic growth; (B) eight in ten poll respondents see corruption as widespread; (C) citizens in El Salvador, Guatemala, and Honduras do not trust the government institutions responsible for curtailing corruption; and (D) investigations have revealed massive networks dedicated to co-opting public funds for the personal enrichment of government officials. (3) There exists the potential for foreign assistance from the United States to be misused by central government officials in El Salvador, Guatemala, and Honduras in order to reduce the success of anti-corruption efforts. (4) Systemic corruption in El Salvador, Guatemala, and Honduras undermines efforts to address the driving causes of illegal immigration into the United States from such countries. (5) The United States provided more than $2,600,000,000 in foreign assistance to Central American countries during fiscal years 2015 through 2018, and Congress appropriated over $500,000,000 in such assistance for fiscal year 2019. (6) For the past 5 fiscal years, 225,463 unaccompanied alien children from El Salvador, Guatemala, and Honduras were referred to the Office of Refugee Resettlement (ORR) of the Department of Health and Human Services, an average of 45,092 per year. (7) On average, providing care for unaccompanied alien children in ORR custody costs $500 per child, per day. (8) In fiscal year 2018, the average length of stay in ORR custody for an unaccompanied alien child was 60 days. (9) On average, the total cost of care for an unaccompanied alien child in ORR custody is $30,000 per child and $1,352,760,000 per year for all children. SEC. 3. REDUCTION OF AMOUNT OF FOREIGN ASSISTANCE TO EL SALVADOR, GUATEMALA, AND HONDURAS. (a) In General.--The President shall reduce from amounts made available under the Foreign Assistance Act of 1961 or any other Act and allocated for a covered country for a fiscal year an amount equal to-- (1) the number of unaccompanied alien children who-- (A) are nationals or citizens of the covered country; and (B) in the preceding fiscal year are placed in Federal custody by reason of their immigration status; multiplied by (2) $30,000. (b) Definitions.--In this section-- (1) the term ``covered country'' means El Salvador, Guatemala, or Honduras; and (2) the term ``unaccompanied alien child'' has the meaning given the term in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)). (c) Effective Date.--This Act takes effect on the date of the enactment of this Act and applies with respect to amounts made available under the Foreign Assistance Act of 1961 or any other Act for fiscal year 2022 and each subsequent fiscal year. all
"H.R. 194 (Introduced in House)- To require the Inspector General, Department of Justice, to submit a 
report to the Congress on the number of firearm transaction denials 
issued by the National Instant Criminal Background Check System that arereferred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives 
for investigation, the number of prosecutions resulting from such 
investigations, and the number of firearms recovered by the Bureau in 
cases in which such a denial was issued after the firearm was 
transferred."	https://www.govinfo.gov/content/pkg/BILLS-117hr194ih/html/BILLS-117hr194ih.htm	DOC 117th CONGRESS 1st Session H. R. 194 To require the Inspector General, Department of Justice, to submit a report to the Congress on the number of firearm transaction denials issued by the National Instant Criminal Background Check System that are referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for investigation, the number of prosecutions resulting from such investigations, and the number of firearms recovered by the Bureau in cases in which such a denial was issued after the firearm was transferred. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Inspector General, Department of Justice, to submit a report to the Congress on the number of firearm transaction denials issued by the National Instant Criminal Background Check System that are referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for investigation, the number of prosecutions resulting from such investigations, and the number of firearms recovered by the Bureau in cases in which such a denial was issued after the firearm was transferred. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORT ON FIREARM TRANSFERS DENIED AS A RESULT OF A NICS CHECK. Within 90 days after the date of the enactment of this Act, the Inspector General, Department of Justice, shall prepare and submit to the Congress a written report-- (1) on the number of firearm transactions with respect to which the national instant criminal background check system established under the Brady Handgun Violence Prevention Act has determined that receipt of a firearm by the prospective firearm transferee would violate Federal or State law, and which have been referred to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for investigation; (2) on the number of persons prosecuted by a United States attorney for an alleged violation of Federal law in connection with a transaction referred to in paragraph (1); and (3) assessing the efforts of the Bureau to seize firearms received by persons-- (A) with respect to whom the system referred to in paragraph (1) of this section was contacted pursuant to section 922(t) of title 18, United States Code, in relation to a firearm transaction; (B) to whom a firearm was transferred after the 3- day period described in section 922(t)(1)(B)(ii) of such title that applied with respect to the transaction; and (C) with respect to whom the system referred to in paragraph (1) of this section subsequently made the determination described in such paragraph. all
H.R. 195 (Introduced in House) - Group Term Life Insurance Increase Act	https://www.govinfo.gov/content/pkg/BILLS-117hr195ih/html/BILLS-117hr195ih.htm	DOC 117th CONGRESS 1st Session H. R. 195 To amend the Internal Revenue Code of 1986 to increase the dollar limitation on employer-provided group term life insurance that can be excluded from the gross income of the employee. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to increase the dollar limitation on employer-provided group term life insurance that can be excluded from the gross income of the employee. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Group Term Life Insurance Increase Act''. SEC. 2. INCREASE IN LIMITATION ON EXCLUSION FOR EMPLOYER-PROVIDED GROUP TERM LIFE INSURANCE PURCHASED FOR EMPLOYEES. (a) In General.--Paragraph (1) of section 79(a) of the Internal Revenue Code of 1986 is amended by striking ``$50,000'' and inserting ``$375,000''. (b) Inflation Adjustment.--Section 79 of such Code is amended by adding at the end the following new subsection: ``(g) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning after 2021, the $375,000 amount under subsection (a)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2020' for `2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. all
"H.R. 196 (Introduced in House)- To prohibit the Central Intelligence Agency from using an unmanned 
aerial vehicle to carry out a weapons strike or other deliberately 
lethal action and to transfer the authority to conduct such strikes or 
lethal action to the Department of Defense."	https://www.govinfo.gov/content/pkg/BILLS-117hr196ih/html/BILLS-117hr196ih.htm	DOC 117th CONGRESS 1st Session H. R. 196 To prohibit the Central Intelligence Agency from using an unmanned aerial vehicle to carry out a weapons strike or other deliberately lethal action and to transfer the authority to conduct such strikes or lethal action to the Department of Defense. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Burgess introduced the following bill; which was referred to the Permanent Select Committee on Intelligence, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit the Central Intelligence Agency from using an unmanned aerial vehicle to carry out a weapons strike or other deliberately lethal action and to transfer the authority to conduct such strikes or lethal action to the Department of Defense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON CENTRAL INTELLIGENCE AGENCY OPERATION OF UNMANNED AERIAL VEHICLE STRIKES AND TRANSFER OF AUTHORITY TO THE DEPARTMENT OF DEFENSE. (a) Prohibition.--Notwithstanding any other provision of law, no officer or employee of, or contractor or detailee to, the Central Intelligence Agency shall use an unmanned aerial vehicle to carry out a weapons strike or other lethal action. (b) Transfer to Department of Defense.--Notwithstanding any other provision of law, the President shall transfer to the Department of Defense all authority to use an unmanned aerial vehicle to carry out a weapons strike or other lethal action. all
H.R. 197 (Introduced in House) - Federal Accountability in Chemical Testing Act	https://www.govinfo.gov/content/pkg/BILLS-117hr197ih/html/BILLS-117hr197ih.htm	DOC 117th CONGRESS 1st Session H. R. 197 To amend the ICCVAM Authorization Act of 2000 to improve reporting about animal testing and alternative test method use by Federal agencies, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Calvert (for himself, Mr. Mast, Mr. Gaetz, Mr. Buchanan, Ms. Brownley, and Ms. Titus) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the ICCVAM Authorization Act of 2000 to improve reporting about animal testing and alternative test method use by Federal agencies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Accountability in Chemical Testing Act'' or the ``FACT Act''. SEC. 2. REPORTING REQUIREMENTS; PROVISION OF INFORMATION. (a) Report Contents.-- (1) In general.--Paragraph (7) of section 3(e) of the ICCVAM Authorization Act of 2000 (42 U.S.C. 285l-3(e)) is amended by inserting before the period at the end of the paragraph the following: ``, to include a description of the progress on the development, validation, acceptance, and utilization of alternative test methods (including animal use data by species, number, and test type) for toxicological testing conducted, supported, or required by, or submitted to, each Federal agency listed in subsection (c) during the reporting period''. (2) Effective date.--The amendment made by paragraph (1) applies with respect to reports that are made available to the public on or after the date that is 90 days after the date of enactment of this Act. (b) Provision of Information.--Section 4 of the ICCVAM Authorization Act of 2000 (42 U.S.C. 285l-4) is amended by adding at the end the following: ``(f) Provision of Information.--Each Federal agency carrying out a program described in subsection (a), or its specific regulatory unit or units, shall provide ICCVAM with information needed to carry out this Act.''. all
H.R. 198 (Introduced in House) - Baseball Diplomacy Act	https://www.govinfo.gov/content/pkg/BILLS-117hr198ih/html/BILLS-117hr198ih.htm	DOC 117th CONGRESS 1st Session H. R. 198 To waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Cohen introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Baseball Diplomacy Act''. SEC. 2. REMOVAL OF CERTAIN RESTRICTIONS. (a) Restriction on Embargo Authority.--The authorities of section 620(a) of the Foreign Assistance Act of 1961, those authorities under section 5(b) of the Trading with the Enemy Act that were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared before that date, and are being exercised on the date of the enactment of this Act, and the authorities of section 203 of the International Emergency Economic Powers Act may not be exercised to regulate or prohibit-- (1) those transactions permitted under section 515.571 of title 31, Code of Federal Regulations, by or on behalf of a Cuban national who enters the United States from Cuba on a visa issued under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act for the purpose of playing organized professional baseball; and (2) a Cuban national described in paragraph (1) from returning to Cuba with the earnings made in playing organized professional baseball. (b) Restriction on Immigration Authority.--The authority contained in section 212(f) of the Immigration and Nationality Act may not be used to deny a visa described in subsection (a)(1) to a Cuban national for the purpose of playing organized professional baseball. (c) Inapplicability of Other Restrictions.--This section applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996. SEC. 3. DURATION OF VISA. A visa described in section 2(a)(1)-- (1) shall permit the alien to whom the visa is issued to remain in the United States only for the duration of the baseball season; and (2) need not be renewed for subsequent entries into the United States for the duration of a valid contract entered into between the alien and the professional baseball team with which the alien played in the preceding baseball season. all
H.R. 199 (Introduced in House) - Direct Support for Communities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr199ih/html/BILLS-117hr199ih.htm	DOC 117th CONGRESS 1st Session H. R. 199 To provide funding for cities, counties, and other units of general local government to prevent, prepare for, and respond to coronavirus. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Delgado (for himself, Mr. Zeldin, and Mr. Katko) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide funding for cities, counties, and other units of general local government to prevent, prepare for, and respond to coronavirus. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Support for Communities Act''. SEC. 2. SUPPLEMENTAL APPROPRIATIONS. The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, and for other purposes, namely: DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development fund For an additional amount for the ``Community Development Fund'', such sums as may be necessary, to remain available until expended, to prevent, prepare for, and respond to coronavirus, which shall be in addition to any other amounts available for such purposes, of which-- (1) 50 percent shall be allocated to metropolitan cities and other units of general local government (as those terms are defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)), of which-- (A) 70 percent of such sums shall be distributed, not later than 30 days after the date of enactment of this Act, pursuant to the formula under section 106(b)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)(1)) to metropolitan cities that received allocations pursuant to such formula in fiscal year 2019; and (B) 30 percent of such sums shall be distributed, not later than 30 days after the date of enactment of this Act, to States (as defined in such section 102) for use by units of general local government, other than counties or parishes, in nonentitlement areas (as defined in such section 102) of the State, in amounts equal to the relative sum of the populations of such units of general local government in a State as a proportion of the total population of all such units of general local government in all States: Provided, That a State shall pass-through the amounts received under this subparagraph within 30 days of receipt to such units of general local government: Provided further, That if a State has not elected to distribute amounts allocated under section 106(d)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)(1)), the Secretary of Housing and Urban Development shall distribute the applicable amounts under this subparagraph to such units of general local government in the State not later than 30 days after the date on which the State would otherwise have received the amounts from the Secretary; and (2) 50 percent shall be distributed, not later than 30 days after the date of enactment of this Act, directly to counties and parishes of States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in amounts equal to the relative sum of the populations of the counties and parishes in a State or such other jurisdiction as a proportion of the total population of all the counties and parishes in all States and such other jurisdictions: Provided, That in calculating the populations of counties and parishes for purposes of this paragraph, the District of Columbia shall be treated as a county: Provided further, That no county or parish that is an urban county (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) shall receive less than the amount the county or parish would otherwise receive if the amount distributed under this paragraph were allocated to metropolitan cities and urban counties under section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)): Provided further, That the amounts otherwise determined for counties and parishes under this paragraph shall be adjusted on a pro rata basis to the extent necessary to comply with the preceding proviso: Provided further, That the District of Columbia may spend the amount received under this paragraph as if it were a county: Provided further, That in the case of an amount allocated to a county or parish that does not have a governing body, the amount shall be distributed to the State or such other jurisdiction of the county or parish which, not later than 30 days after the date of enactment of this Act, shall distribute the amount to units of general local government within the county or parish in amounts equal to the relative population of each such unit of general local government as a proportion of the total population of the county or parish; Provided further, That, notwithstanding any other provision of law, funds made available under this heading may be used to cover costs, or to replace lost, delayed, or decreased revenues, stemming from the public health emergency with respect to the Coronavirus Disease (COVID- 19), including revenues lost, delayed, or decreased during or after the end of such public health emergency as a result of the global and national economic decline caused by the outbreak and response to COVID- 19: Provided further, That amounts distributed under paragraph (1) or (2) shall be used to supplement, and not supplant, any non-Federal funds that a State or such other jurisdiction would otherwise provide to cities, counties, parishes, or other units of general local government of the State or other jurisdiction: Provided further, That nothing in paragraph (1) or (2) shall be construed as prohibiting a metropolitan city and a county or parish that have formed a consolidated government from each receiving a distribution under paragraph (1) or (2), as applicable: Provided further, That for purposes of this heading, the population of an entity shall be determined based on the most recent year for which data are available from the Bureau of the Census: Provided further, That, except as provided in paragraphs (1) and (2), no requirement or limitation applicable to funds provided under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) shall apply to funds made available under this heading and distributed under such paragraphs: Provided further, That such amount is designated by Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. all
H.R. 19 (Introduced in House) - Lower Costs, More Cures Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr19ih/html/BILLS-117hr19ih.htm	DOC 117th CONGRESS 1st Session H. R. 19 To provide for certain reforms with respect to the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the Food and Drug Administration, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 21, 2021 Mrs. Rodgers of Washington (for herself, Mr. Brady, Ms. Foxx, Mr. Guthrie, Mr. Nunes, and Mr. Allen) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for certain reforms with respect to the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the Food and Drug Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lower Costs, More Cures Act of 2021''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--MEDICARE PARTS B AND D Subtitle A--Medicare Part B Provisions Sec. 101. Improvements to Medicare site-of-service transparency. Sec. 102. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs. Sec. 103. Providing for variation in payment for certain drugs covered under part B of the Medicare program. Sec. 104. Establishment of maximum add-on payment for drugs and biologicals. Sec. 105. Treatment of drug administration services furnished by certain excepted off-campus outpatient departments of a provider. Subtitle B--Drug Price Transparency Sec. 111. Reporting on explanation for drug price increases. Sec. 112. Public disclosure of drug discounts. Sec. 113. Study of pharmaceutical supply chain intermediaries and merger activity. Sec. 114. Making prescription drug marketing sample information reported by manufacturers available to certain individuals and entities. Sec. 115. Sense of Congress regarding the need to expand commercially available drug pricing comparison platforms. Subtitle C--Medicare Part D Benefit Redesign Sec. 121. Medicare part D benefit redesign. Subtitle D--Other Medicare Part D Provisions Sec. 131. Allowing the offering of additional prescription drug plans under Medicare part D. Sec. 132. Allowing certain enrollees of prescription drug plans and MA- PD plans under Medicare program to spread out cost-sharing under certain circumstances. Sec. 133. Establishing a monthly cap on beneficiary incurred costs for insulin products and supplies under a prescription drug plan or MA-PD plan. Sec. 134. Growth rate of Medicare part D out-of-pocket cost threshold. TITLE II--MEDICAID Sec. 201. Medicaid pharmacy and therapeutics committee improvements. Sec. 202. GAO report on conflicts of interest in State Medicaid program drug use review boards and pharmacy and therapeutics (P&T) committees. Sec. 203. Ensuring the accuracy of manufacturer price and drug product information under the Medicaid drug rebate program. Sec. 204. Improving transparency and preventing the use of abusive spread pricing and related practices in Medicaid. Sec. 205. T-MSIS drug data analytics reports. Sec. 206. Risk-sharing value-based payment agreements for covered outpatient drugs under Medicaid. Sec. 207. Applying Medicaid drug rebate requirement to drugs provided as part of outpatient hospital services. TITLE III--FOOD AND DRUG ADMINISTRATION Subtitle A--Pay-for-Delay Sec. 301. Unlawful agreements. Sec. 302. Notice and certification of agreements. Sec. 303. Forfeiture of 180-day exclusivity period. Sec. 304. Commission litigation authority. Sec. 305. Statute of limitations. Subtitle B--Advancing Education on Biosimilars Sec. 321. Education on biological products. Subtitle C--Other Provisions Sec. 331. Clarifying the meaning of new chemical entity. TITLE IV--REVENUE PROVISION Sec. 401. Safe harbor for high deductible health plans without deductible for insulin. TITLE V--MISCELLANEOUS Sec. 501. Payment for biosimilar biological products during initial period. Sec. 502. GAO study and report on average sales price. Sec. 503. Requiring prescription drug plans and MA-PD plans to report potential fraud, waste, and abuse to the Secretary of HHS. Sec. 504. Establishment of pharmacy quality measures under Medicare part D. Sec. 505. Improving coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services. Sec. 506. Patient consultation in Medicare national and local coverage determinations in order to mitigate barriers to inclusion of such perspectives. Sec. 507. MedPAC report on shifting coverage of certain Medicare part B drugs to Medicare part D. Sec. 508. Requirement that direct-to-consumer advertisements for prescription drugs and biological products include truthful and non-misleading pricing information. Sec. 509. Chief Pharmaceutical Negotiator at the Office of the United States Trade Representative. TITLE I--MEDICARE PARTS B AND D Subtitle A--Medicare Part B Provisions SEC. 101. IMPROVEMENTS TO MEDICARE SITE-OF-SERVICE TRANSPARENCY. Section 1834(t) of the Social Security Act (42 U.S.C. 1395m(t)) is amended-- (1) in paragraph (1)-- (A) in the heading, by striking ``In general'' and inserting ``Site payment''; (B) in the matter preceding subparagraph (A)-- (i) by striking ``or to'' and inserting ``, to''; (ii) by inserting ``, or to a physician for services furnished in a physician's office'' after ``surgical center''; and (iii) by inserting ``(or 2022 with respect to a physician for services furnished in a physician's office)'' after ``2018''; and (C) in subparagraph (A)-- (i) by striking ``and the'' and inserting ``, the''; and (ii) by inserting ``, and the physician fee schedule under section 1848 (with respect to the practice expense component of such payment amount)'' after ``such section''; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (3) by inserting after paragraph (1) the following new paragraph: ``(2) Physician payment.--Beginning in 2022, the Secretary shall expand the information included on the Internet website described in paragraph (1) to include-- ``(A) the amount paid to a physician under section 1848 for an item or service for the settings described in paragraph (1); and ``(B) the estimated amount of beneficiary liability applicable to the item or service.''. SEC. 102. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS. Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is amended by adding at the end the following new subsection: ``(i) Refund for Certain Discarded Single-Dose Container or Single- Use Package Drugs.-- ``(1) Secretarial provision of information.-- ``(A) In general.--For each calendar quarter beginning on or after January 1, 2022, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: ``(i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). ``(ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). ``(B) Determination of discarded amounts.--For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. ``(C) Exclusion of units of packaged drugs.--The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i), and the determination of the estimated total allowed charges for the drug in the quarter for purposes of paragraph (3)(A)(ii), shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. ``(2) Manufacturer requirement.--For each calendar quarter beginning on or after January 1, 2022, the manufacturer of a refundable single-dose container or single-use package drug shall, for such drug, provide to the Secretary a refund that is equal to the amount specified in paragraph (3) for such drug for such quarter. ``(3) Refund amount.-- ``(A) In general.--The amount of the refund specified in this paragraph is, with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after January 1, 2022, an amount equal to the estimated amount (if any) by which-- ``(i) the product of-- ``(I) the total number of units of the billing and payment code for such drug that were discarded during such quarter (as determined under paragraph (1)); and ``(II)(aa) in the case of a refundable single-dose container or single-use package drug that is a single source drug or biological, the amount of payment determined for such drug or biological under subsection (b)(1)(B) for such quarter; or ``(bb) in the case of a refundable single-dose container or single-use package drug that is a biosimilar biological product, the amount of payment determined for such product under subsection (b)(1)(C) for such quarter; exceeds ``(ii) an amount equal to the applicable percentage (as defined in subparagraph (B)) of the estimated total allowed charges for such drug under this part during the quarter. ``(B) Applicable percentage defined.-- ``(i) In general.--For purposes of subparagraph (A)(ii), the term `applicable percentage' means-- ``(I) subject to subclause (II), 10 percent; and ``(II) if applicable, in the case of a refundable single-dose container or single-use package drug described in clause (ii), a percentage specified by the Secretary pursuant to such clause. ``(ii) Treatment of drugs that have unique circumstances.--In the case of a refundable single-dose container or single-use package drug that has unique circumstances involving similar loss of product as that described in paragraph (8)(B)(ii), the Secretary, through notice and comment rulemaking, may increase the applicable percentage otherwise applicable under clause (i)(I) as determined appropriate by the Secretary. ``(4) Frequency.--Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). ``(5) Refund deposits.--Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(6) Enforcement.-- ``(A) Audits.-- ``(i) Manufacturer audits.--Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. ``(ii) Provider audits.--The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. ``(B) Civil money penalty.-- ``(i) In general.--The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of-- ``(I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and ``(II) 25 percent of such amount. ``(ii) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(7) Implementation.--The Secretary shall implement this subsection through notice and comment rulemaking. ``(8) Definition of refundable single-dose container or single-use package drug.-- ``(A) In general.--Except as provided in subparagraph (B), in this subsection, the term `refundable single-dose container or single-use package drug' means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is made under this part and that is furnished from a single-dose container or single-use package. ``(B) Exclusions.--The term `refundable single-dose container or single-use package drug' does not include-- ``(i) a drug or biological that is either a radiopharmaceutical or an imaging agent; ``(ii) a drug or biological approved by the Food and Drug Administration for which dosage and administration instructions included in the labeling require filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process; or ``(iii) a drug or biological approved by the Food and Drug Administration on or after the date of enactment of this subsection and with respect to which payment has been made under this part for fewer than 18 months. ``(9) Report to congress.--Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General, after consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance in the Senate, a report on any impact this section is reported to have on the licensure, market entry, market retention, or marketing of biosimilar biological products. Such report shall be updated periodically at the direction of the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance in the Senate.''. SEC. 103. PROVIDING FOR VARIATION IN PAYMENT FOR CERTAIN DRUGS COVERED UNDER PART B OF THE MEDICARE PROGRAM. (a) In General.--Section 1847A(b) of the Social Security Act (42 U.S.C. 1395w-3a(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting after ``or 106 percent'' the following: ``(or, for a multiple source drug (other than autologous cellular immunotherapy) furnished on or after January 1, 2022, the applicable percent specified in paragraph (9)(A) for the drug and quarter involved)''; and (B) in subparagraph (B) of paragraph (1), by inserting after ``106 percent'' the following: ``(or, for a single source drug or biological (other than autologous cellular immunotherapy) furnished on or after January 1, 2022, the applicable percent specified in paragraph (9)(A) for the drug or biological and quarter involved)''; and (2) by adding at the end the following new paragraph: ``(9) Application of variable percentages based on percentile ranking of per beneficiary allowed charges.-- ``(A) Applicable percent to be applied.-- ``(i) In general.--Subject to clauses (ii), with respect to a drug or biological furnished in a calendar quarter beginning on or after January 1, 2022, if the Secretary determines that the percentile rank of a drug or biological under subparagraph (B)(i)(III), with respect to per beneficiary allowed charges for all such drugs or biologicals, is-- ``(I) at least equal to the 85th percentile, the applicable percent for the drug for such quarter under this subparagraph is 104 percent; ``(II) at least equal to the 70th percentile, but less than the 85th percentile, such applicable percent is 106 percent; ``(III) at least equal to the 50th percentile, but less than the 70th percentile, such applicable percent is 108 percent; or ``(IV) less than the 50th percentile, such applicable percent is 110 percent. ``(ii) Cases where data not sufficiently available to compute per beneficiary allowed charges.--Subject to clause (iii), in the case of a drug or biological furnished for which the amount of payment is determined under subparagraph (A) or (B) of paragraph (1) and not under subsection (c)(4), for calendar quarters during a period in which data are not sufficiently available to compute a per beneficiary allowed charges for the drug or biological, the applicable percent is 106 percent. ``(B) Determination of percentile rank of per beneficiary allowed charges of drugs.-- ``(i) In general.--With respect to a calendar quarter beginning on or after January 1, 2022, for drugs and biologicals for which the amount of payment is determined under subparagraph (A) or (B) of paragraph (1), except for drugs or biologicals for which data are not sufficiently available, the Secretary shall-- ``(I) compute the per beneficiary allowed charges (as defined in subparagraph (C)) for each such drug or biological; ``(II) adjust such per beneficiary allowed charges for the quarter, to the extent provided under subparagraph (D); and ``(III) array such adjusted per beneficiary allowed charges for all such drugs or biologicals from high to low and rank such drugs or biologicals by percentile of such arrayed per beneficiary allowed charges. ``(ii) Frequency.--The Secretary shall make the computations under clause (i)(I) every 6 months (or, if necessary, as determined by the Secretary, every 9 or 12 months) and such computations shall apply to succeeding calendar quarters until a new computation has been made. ``(iii) Applicable data period.--For purposes of this paragraph, the term `applicable data period' means the most recent period for which the data necessary for making the computations under clause (i) are available, as determined by the Secretary. ``(C) Per beneficiary allowed charges defined.--In this paragraph, the term `per beneficiary allowed charges' means, with respect to a drug or biological for which the amount of payment is determined under subparagraph (A) or (B) of paragraph (1)-- ``(i) the allowed charges for the drug or biological for which payment is so made for the applicable data period, as estimated by the Secretary; divided by ``(ii) the number of individuals for whom any payment for the drug or biological was made under paragraph (1) for the applicable data period, as estimated by the Secretary. ``(D) Adjustment to reflect changes in average sales price.--In applying this paragraph for a particular calendar quarter, the Secretary shall adjust the per beneficiary allowed charges for a drug or biological by multiplying such per beneficiary allowed charges under subparagraph (C) for the applicable data period by the ratio of-- ``(i) the average sales price for the drug or biological for the most recent calendar quarter used under subsection (c)(5)(B); to ``(ii) the average sales price for the drug or biological for the calendar quarter (or the weighted average for the quarters involved) included in the applicable data period.''. (b) Application of Judicial Review Provisions.--Section 1847A(g) of the Social Security Act is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) the determination of per beneficiary allowed charges of drugs or biologicals and ranking of such charges under subsection (b)(9).''. SEC. 104. ESTABLISHMENT OF MAXIMUM ADD-ON PAYMENT FOR DRUGS AND BIOLOGICALS. (a) In General.--Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a), as amended by section 103, is further amended-- (1) in subsection (b)-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``paragraph (7)'' and inserting ``paragraphs (7) and (10)''; and (B) by adding at the end the following new paragraph: ``(10) Maximum add-on payment amount.-- ``(A) In general.--In determining the payment amount under the provisions of subparagraph (A), (B), or (C) of paragraph (1) of this subsection, subsection (c)(4)(A)(ii), or subsection (d)(3)(C) for a drug or biological furnished on or after January 1, 2022, if the applicable add-on payment (as defined in subparagraph (B)) for each drug or biological on a claim for a date of service exceeds the maximum add-on payment amount specified under subparagraph (C) for the drug or biological, then the payment amount otherwise determined for the drug or biological under those provisions, as applicable, shall be reduced by the amount of such excess. ``(B) Applicable add-on payment defined.--In this paragraph, the term `applicable add-on payment' means the following amounts, determined without regard to the application of subparagraph (A): ``(i) In the case of a multiple source drug, an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under paragraph (1)(A); and ``(II) the amount that would be applied under such paragraph if `100 percent' were substituted for the applicable percent (as defined in paragraph (9)) for such drug. ``(ii) In the case of a single source drug or biological, an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under paragraph (1)(B); and ``(II) the amount that would be applied under such paragraph if `100 percent' were substituted for the applicable percent (as defined in paragraph (9)) for such drug or biological. ``(iii) In the case of a biosimilar biological product, the amount otherwise determined under paragraph (8)(B). ``(iv) In the case of a drug or biological during the initial period described in subsection (c)(4)(A), an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under subsection (c)(4)(A)(ii); and ``(II) the amount that would be applied under such subsection if `100 percent' were substituted, as applicable, for-- ``(aa) `103 percent' in subclause (I) of such subsection; or ``(bb) any percent in excess of 100 percent applied under subclause (II) of such subsection. ``(v) In the case of a drug or biological to which subsection (d)(3)(C) applies, an amount equal to the difference between-- ``(I) the amount that would otherwise be applied under such subsection; and ``(II) the amount that would be applied under such subsection if `100 percent' were substituted, as applicable, for-- ``(aa) any percent in excess of 100 percent applied under clause (i) of such subsection; or ``(bb) `103 percent' in clause (ii) of such subsection. ``(C) Maximum add-on payment amount specified.--For purposes of subparagraph (A), the maximum add-on payment amount specified in this subparagraph is-- ``(i) with respect to a drug or biological (other than autologous cellular immunotherapy)-- ``(I) for each of 2022 through 2029, $1,000; and ``(II) for a subsequent year, the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year; or ``(ii) with respect to a drug or biological consisting of autologous cellular immunotherapy-- ``(I) for each of 2022 through 2029, $2,000; and ``(II) for a subsequent year, the amount specified in this subparagraph for the preceding year increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending with June of the previous year. Any amount determined under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10.''; and (2) in subsection (c)(4)(A)(ii), by striking ``in the case'' and inserting ``subject to subsection (b)(10), in the case''. (b) Conforming Amendments Relating to Separately Payable Drugs.-- (1) OPPS.--Section 1833(t)(14) of the Social Security Act (42 U.S.C. 1395l(t)(14)) is amended-- (A) in subparagraph (A)(iii)(II), by inserting ``, subject to subparagraph (I)'' after ``are not available''; and (B) by adding at the end the following new subparagraph: ``(I) Application of maximum add-on payment for separately payable drugs and biologicals.--In establishing the amount of payment under subparagraph (A) for a specified covered outpatient drug that is furnished as part of a covered OPD service (or group of services) on or after January 1, 2022, if such payment is determined based on the average price for the year established under section 1847A pursuant to clause (iii)(II) of such subparagraph, the provisions of subsection (b)(10) of section 1847A shall apply to the amount of payment so established in the same manner as such provisions apply to the amount of payment under section 1847A.''. (2) ASC.--Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)) is amended-- (A) by moving clause (v) 6 ems to the left; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following new clause: ``(vi) If there is a separate payment under the system described in clause (i) for a drug or biological furnished on or after January 1, 2022, the provisions of subsection (t)(14)(I) shall apply to the establishment of the amount of payment for the drug or biological under such system in the same manner in which such provisions apply to the establishment of the amount of payment under subsection (t)(14)(A).''. SEC. 105. TREATMENT OF DRUG ADMINISTRATION SERVICES FURNISHED BY CERTAIN EXCEPTED OFF-CAMPUS OUTPATIENT DEPARTMENTS OF A PROVIDER. Section 1833(t)(16) of the Social Security Act (42 U.S.C. 1395l(t)(16)) is amended by adding at the end the following new subparagraph: ``(G) Special payment rule for drug administration services furnished by an excepted department of a provider.-- ``(i) In general.--In the case of a covered OPD service that is a drug administration service (as defined by the Secretary) furnished by a department of a provider described in clause (ii) or (iv) of paragraph (21)(B), the payment amount for such service furnished on or after January 1, 2022, shall be the same payment amount (as determined in paragraph (21)(C)) that would apply if the drug administration service was furnished by an off- campus outpatient department of a provider (as defined in paragraph (21)(B)). ``(ii) Application without regard to budget neutrality.--The reductions made under this subparagraph-- ``(I) shall not be considered an adjustment under paragraph (2)(E); and ``(II) shall not be implemented in a budget neutral manner.''. Subtitle B--Drug Price Transparency SEC. 111. REPORTING ON EXPLANATION FOR DRUG PRICE INCREASES. (a) In General.--Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--DRUG PRICE REPORTING; DRUG VALUE FUND ``SEC. 399OO. REPORTING ON EXPLANATION FOR DRUG PRICE INCREASES. ``(a) Definitions.--In this section: ``(1) Manufacturer.--The term `manufacturer' means the person-- ``(A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of this Act; or ``(B) who is responsible for setting the wholesale acquisition cost for the drug. ``(2) Qualifying drug.--The term `qualifying drug' means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of this Act-- ``(A) that has a wholesale acquisition cost of $100 or more, adjusted for inflation occurring after the date of enactment of this section, for a month's supply or a typical course of treatment that lasts less than a month, and is-- ``(i) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; ``(ii) administered or otherwise dispensed to treat a disease or condition affecting more than 200,000 persons in the United States; and ``(iii) not a vaccine; and ``(B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) or under a State Medicaid plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan. ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B) of the Social Security Act (42 U.S.C. 1395w- 3a(c)(6)(B)). ``(b) Report.-- ``(1) Report required.--The manufacturer of a qualifying drug shall submit a report to the Secretary for each increase in the price of a qualifying drug that results in an increase in the wholesale acquisition cost of that drug that is equal to-- ``(A) 10 percent or more within a single calendar year beginning on or after January 1, 2021; or ``(B) 25 percent or more within three consecutive calendar years for which the first such calendar year begins on or after January 1, 2021. ``(2) Report deadline.--Each report described in paragraph (1) shall be submitted to the Secretary-- ``(A) in the case of a report with respect to an increase in the price of a qualifying drug that occurs during the period beginning on January 1, 2021, and ending on the day that is 60 days after the date of enactment of this section, not later than 90 days after such date of enactment; and ``(B) in the case of a report with respect to an increase in the price of a qualifying drug that occurs after the period described in subparagraph (A), not later than 30 days prior to the planned effective date of such price increase for such qualifying drug. ``(c) Contents.--A report under subsection (b), consistent with the standard for disclosures described in section 213.3(d) of title 12, Code of Federal Regulations (as in effect on the date of enactment of this section), shall, at a minimum, include-- ``(1) with respect to the qualifying drug-- ``(A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug within the calendar year or three consecutive calendar years as described in subsection (b)(1)(A) or (b)(1)(B), if applicable, and the effective date of such price increase; ``(B) an explanation for, and description of, each price increase for such drug that will occur during the calendar year period described in subsection (b)(1)(A) or the three consecutive calendar year period described in subsection (b)(1)(B), as applicable; ``(C) if known and different from the manufacturer of the qualifying drug, the identity of-- ``(i) the sponsor or sponsors of any investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act for clinical investigations with respect to such drug, for which the full reports are submitted as part of the application-- ``(I) for approval of the drug under section 505 of such Act; or ``(II) for licensure of the drug under section 351 of this Act; and ``(ii) the sponsor of an application for the drug approved under such section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of this Act; ``(D) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351 of this Act, or since the manufacturer acquired such approved application or license, if applicable; ``(E) the current wholesale acquisition cost of the drug; ``(F) the total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; and ``(ii) acquiring patents and licensing for such drug; ``(G) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; ``(H) the total expenditures of the manufacturer on research and development for such drug that is necessary to demonstrate that it meets applicable statutory standards for approval under section 505 of the Federal Food, Drug, and Cosmetic Act or licensure under section 351 of this Act, as applicable; ``(I) the total expenditures of the manufacturer on pursuing new or expanded indications or dosage changes for such drug under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of this Act; ``(J) the total expenditures of the manufacturer on carrying out postmarket requirements related to such drug, including under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; ``(K) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351, or since the manufacturer acquired such approved application or license; and ``(L) the total costs associated with marketing and advertising for the qualifying drug; ``(2) with respect to the manufacturer-- ``(A) the total revenue and the net profit of the manufacturer for each of the 1-year period described in subsection (b)(1)(A) or the 3-year period described in subsection (b)(1)(B), as applicable; ``(B) all stock-based performance metrics used by the manufacturer to determine executive compensation for each of the 1-year period described in subsection (b)(1)(A) or the 3-year period described in subsection (b)(1)(B), as applicable; and ``(C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on-- ``(i) drug research and development; or ``(ii) clinical trials, including on drugs that failed to receive approval by the Food and Drug Administration; and ``(3) such other related information as the Secretary considers appropriate and as specified by the Secretary through notice-and-comment rulemaking. ``(d) Information Provided.--The manufacturer of a qualifying drug that is required to submit a report under subsection (b), shall ensure that such report and any explanation for, and description of, each price increase described in subsection (c)(1)(B) shall be truthful, not misleading, and accurate. ``(e) Civil Monetary Penalty.--Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section, following notification by the Secretary to the manufacturer that the manufacturer is not in compliance with this section, shall be subject to a civil monetary penalty of $75,000 for each day on which the violation continues. ``(f) False Information.--Any manufacturer that submits a report for a drug as required by this section that knowingly provides false information in such report is subject to a civil monetary penalty in an amount not to exceed $75,000 for each item of false information. ``(g) Public Posting.-- ``(1) In general.--Subject to paragraph (3), the Secretary shall post each report submitted under subsection (b) on the public website of the Department of Health and Human Services the day the price increase of a qualifying drug is scheduled to go into effect. ``(2) Format.--In developing the format in which reports will be publicly posted under paragraph (1), the Secretary shall consult with stakeholders, including beneficiary groups, and shall seek feedback from consumer advocates and readability experts on the format and presentation of the content of such reports to ensure that such reports are-- ``(A) user-friendly to the public; and ``(B) written in plain language that consumers can readily understand. ``(3) Protected information.--Nothing in this section shall be construed to authorize the public disclosure of information submitted by a manufacturer that is prohibited from disclosure by applicable laws concerning the protection of trade secrets, commercial information, and other information covered under such laws. ``SEC. 399OO-1. ANNUAL REPORT TO CONGRESS. ``(a) In General.--Subject to subsection (b), the Secretary shall submit to Congress, and post on the public website of the Department of Health and Human Services in a way that is user-friendly to the public and written in plain language that consumers can readily understand, an annual report-- ``(1) summarizing the information reported pursuant to section 399OO; ``(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section; ``(3) detailing the costs and expenditures incurred by the Department of Health and Human Services in carrying out section 399OO; and ``(4) explaining how the Department of Health and Human Services is improving consumer and provider information about drug value and drug price transparency. ``(b) Protected Information.--Nothing in this section shall be construed to authorize the public disclosure of information submitted by a manufacturer that is prohibited from disclosure by applicable laws concerning the protection of trade secrets, commercial information, and other information covered under such laws.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of enactment of this Act. SEC. 112. PUBLIC DISCLOSURE OF DRUG DISCOUNTS. Section 1150A of the Social Security Act (42 U.S.C. 1320b-23) is amended-- (1) in subsection (c), in the matter preceding paragraph (1), by inserting ``(other than as permitted under subsection (e))'' after ``disclosed by the Secretary''; and (2) by adding at the end the following new subsection: ``(e) Public Availability of Certain Information.-- ``(1) In general.--In order to allow the comparison of PBMs' ability to negotiate rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions and the amount of such rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions that are passed through to plan sponsors, beginning January 1, 2022, the Secretary shall make available on the Internet website of the Department of Health and Human Services the information with respect to the second preceding calendar year provided to the Secretary on generic dispensing rates (as described in paragraph (1) of subsection (b)) and information provided to the Secretary under paragraphs (2) and (3) of such subsection that, as determined by the Secretary, is with respect to each PBM. ``(2) Availability of data.--In carrying out paragraph (1), the Secretary shall ensure the following: ``(A) Confidentiality.--The information described in such paragraph is displayed in a manner that prevents the disclosure of information, with respect to an individual drug or an individual plan, on rebates, discounts, direct and indirect remuneration fees, administrative fees, and price concessions. ``(B) Class of drug.--The information described in such paragraph is made available by class of drug, using an existing classification system, but only if the class contains such number of drugs, as specified by the Secretary (but not fewer than three drugs), to ensure confidentiality of proprietary information or other information that is prevented to be disclosed under subparagraph (A).''. SEC. 113. STUDY OF PHARMACEUTICAL SUPPLY CHAIN INTERMEDIARIES AND MERGER ACTIVITY. (a) Initial Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that-- (1) addresses at minimum-- (A) whether pharmacy benefit managers-- (i) charge payers a higher price than the reimbursement rate at which the pharmacy benefit managers reimburse competing pharmacies; (ii) steer patients for anticompetitive purposes to any pharmacies, including retail, mail-order, or any other type of pharmacy, in which the pharmacy benefit manager has an ownership interest; (iii) audit or review proprietary data, including acquisition costs, patient information, or dispensing information, of competing pharmacies that can be used for anticompetitive purposes; or (iv) use formulary designs to increase the market share of higher cost prescription drugs and depress the market share of lower cost prescription drugs (each net of rebates and discounts); (B) how companies and payers assess the benefits, costs, and risks of contracting with intermediaries, including pharmacy services administrative organizations, and whether more information about the roles of intermediaries should be available to consumers and payers; and (C) whether there are any specific legal or regulatory obstacles the Commission currently faces in ensuring a competitive and transparent marketplace in the pharmaceutical supply chain, including the pharmacy benefit manager marketplace and pharmacy services administrative organizations; and (2) provides-- (A) observations or conclusions drawn from the November 2017 roundtable entitled ``Understanding Competition in Prescription Drug Markets: Entry and Supply Chain Dynamics'', and any similar efforts; (B) specific actions the Commission intends to take as a result of the November 2017 roundtable, and any similar efforts, including a detailed description of relevant forthcoming actions, additional research or roundtable discussions, consumer education efforts, or enforcement actions; and (C) policy or legislative recommendations to-- (i) improve transparency and competition in the pharmaceutical supply chain; (ii) prevent and deter anticompetitive behavior in the pharmaceutical supply chain; and (iii) best ensure that consumers benefit from any cost savings or efficiencies that may result from mergers and consolidations. (b) Interim Report.--Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress an interim report on the progress of the report required by subsection (a), along with preliminary findings and conclusions based on information collected to that date. (c) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on the Judiciary of the Senate; and (C) the Committee on the Judiciary of the House of Representatives. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. SEC. 114. MAKING PRESCRIPTION DRUG MARKETING SAMPLE INFORMATION REPORTED BY MANUFACTURERS AVAILABLE TO CERTAIN INDIVIDUALS AND ENTITIES. (a) In General.--Section 1128H of the Social Security Act (42 U.S.C. 1320a-7i) is amended-- (1) by redesignating subsection (b) as subsection (e); and (2) by inserting after subsection (a) the following new subsections: ``(b) Data Sharing Agreements.-- ``(1) In general.--The Secretary shall enter into agreements with the specified data sharing individuals and entities described in paragraph (2) under which-- ``(A) upon request of such an individual or entity, as applicable, the Secretary makes available to such individual or entity the information submitted under subsection (a) by manufacturers and authorized distributors of record; and ``(B) such individual or entity agrees to not disclose publicly or to another individual or entity any information that identifies a particular practitioner or health care facility. ``(2) Specified data sharing individuals and entities.--For purposes of paragraph (1), the specified data sharing individuals and entities described in this paragraph are the following: ``(A) Oversight agencies.--Health oversight agencies (as defined in section 164.501 of title 45, Code of Federal Regulations), including the Centers for Medicare & Medicaid Services, the Office of the Inspector General of the Department of Health and Human Services, the Government Accountability Office, the Congressional Budget Office, the Medicare Payment Advisory Commission, and the Medicaid and CHIP Payment and Access Commission. ``(B) Researchers.--Individuals who conduct scientific research (as defined in section 164.501 of title 45, Code of Federal Regulations) in relevant areas as determined by the Secretary. ``(C) Payers.--Private and public health care payers, including group health plans, health insurance coverage offered by health insurance issuers, Federal health programs, and State health programs. ``(3) Exemption from freedom of information act.--Except as described in paragraph (1), the Secretary may not be compelled to disclose the information submitted under subsection (a) to any individual or entity. For purposes of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section. ``(c) Penalties.-- ``(1) Data sharing agreements.--Subject to paragraph (3), any specified data sharing individual or entity described in subsection (b)(2) that violates the terms of a data sharing agreement the individual or entity has with the Secretary under subsection (b)(1) shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each such violation. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. ``(2) Failure to report.--Subject to paragraph (3), any manufacturer or authorized distributor of record of an applicable drug under subsection (a) that fails to submit information required under such subsection in a timely manner in accordance with rules or regulations promulgated to carry out such subsection shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each such failure. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section. ``(3) Limitation.--The total amount of civil money penalties imposed under paragraph (1) or (2) with respect to a year and an individual or entity described in paragraph (1) or a manufacturer or distributor described in paragraph (2), respectively, shall not exceed $150,000. ``(d) Drug Sample Distribution Information.-- ``(1) In general.--Not later than January 1 of each year (beginning with 2022), the Secretary shall maintain a list containing information related to the distribution of samples of applicable drugs. Such list shall provide the following information with respect to the preceding year: ``(A) The name of the manufacturer or authorized distributor of record of an applicable drug for which samples were requested or distributed under this section. ``(B) The quantity and class of drug samples requested. ``(C) The quantity and class of drug samples distributed. ``(2) Public availability.--The Secretary shall make the information in such list available to the public on the Internet website of the Food and Drug Administration.''. (b) FDA Maintenance of Information.--The Food and Drug Administration shall maintain information available to affected reporting companies to ensure their ability to fully comply with the requirements of section 1128H of the Social Security Act. (c) Prohibition on Distribution of Samples of Opioids.--Section 503(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(d)) is amended-- (1) by moving the margin of paragraph (4) 2 ems to the left; and (2) by adding at the end the following: ``(5) No person may distribute a drug sample of a drug that is-- ``(A) an applicable drug (as defined in section 1128H(e) of the Social Security Act); ``(B) a controlled substance (as defined in section 102 of the Controlled Substances Act) for which the findings required under section 202(b)(2) of such Act have been made; and ``(C) approved under section 505 for use in the management or treatment of pain (other than for the management or treatment of a substance use disorder).''. (d) MedPAC Report.--Not later than 3 years after the date of the enactment of this Act, the Medicare Payment Advisory Commission shall conduct a study on the impact of drug samples on provider prescribing practices and health care costs and may, as the Commission deems appropriate, make recommendations on such study. SEC. 115. SENSE OF CONGRESS REGARDING THE NEED TO EXPAND COMMERCIALLY AVAILABLE DRUG PRICING COMPARISON PLATFORMS. It is the sense of Congress that-- (1) commercially available drug pricing comparison platforms can, at no cost, help patients find the lowest price for their medications at their local pharmacy; (2) such platforms should be integrated, to the maximum extent possible, in the health care delivery ecosystem; and (3) pharmacy benefit managers should work to disclose generic and brand name drug prices to such platforms to ensure that-- (A) patients can benefit from the lowest possible price available to them; and (B) overall drug prices can be reduced as more educated purchasing decisions are made based on price transparency. Subtitle C--Medicare Part D Benefit Redesign SEC. 121. MEDICARE PART D BENEFIT REDESIGN. (a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w- 102(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by inserting ``for a year preceding 2022 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of- pocket threshold specified in paragraph (4)(B) for 2022 and each subsequent year'' after ``paragraph (3)''; (ii) in clause (i), by inserting after ``25 percent'' the following: ``(or, for 2022 and each subsequent year, 15 percent)''; and (iii) in clause (ii), by inserting ``(or, for 2022 and each subsequent year, 15 percent)'' after ``25 percent''; (B) in subparagraph (C)-- (i) in clause (i), in the matter preceding subclause (I), by inserting ``for a year preceding 2022,'' after ``paragraph (4),''; and (ii) in clause (ii)(III), by striking ``and each subsequent year'' and inserting ``and 2021''; and (C) in subparagraph (D)-- (i) in clause (i)-- (I) in the matter preceding subclause (I), by inserting ``for a year preceding 2022,'' after ``paragraph (4),''; and (II) in subclause (I)(bb), by striking ``a year after 2018'' and inserting ``each of years 2018 through 2021''; and (ii) in clause (ii)(V), by striking ``2019 and each subsequent year'' and inserting ``each of years 2019 through 2021''; (2) in paragraph (3)(A)-- (A) in the matter preceding clause (i), by inserting ``for a year preceding 2022,'' after ``and (4),''; and (B) in clause (ii), by striking ``for a subsequent year'' and inserting ``for each of years 2007 through 2021''; (3) in paragraph (4)-- (A) in subparagraph (A)-- (i) in clause (i)-- (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting appropriately; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking ``is equal to the greater of--'' and inserting ``is equal to-- ``(I) for a year preceding 2022, the greater of--''; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ``; and''; and (IV) by adding at the end the following: ``(II) for 2022 and each succeeding year, $0.''; and (ii) in clause (ii)-- (I) by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; and (II) by adding at the end the following new sentence: ``The Secretary shall continue to calculate the dollar amounts specified in clause (i)(I)(aa), including with the adjustment under this clause, after 2021 for purposes of section 1860D-14(a)(1)(D)(iii).''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for 2021''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2022, is equal to $3,100; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved.''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and for a year preceding 2022 for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of 2011 through 2021, in applying''. (b) Decreasing Reinsurance Payment Amount.--Section 1860D-15(b)(1) of the Social Security Act (42 U.S.C. 1395w-115(b)(1)) is amended-- (1) by striking ``equal to 80 percent'' and inserting ``equal to- ``(A) for a year preceding 2022, 80 percent''; (2) in subparagraph (A), as added by paragraph (1), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(B) for 2022 and each subsequent year, the sum of-- ``(i) an amount equal to 20 percent of the allowable reinsurance costs (as specified in paragraph (2)) attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B) with respect to applicable drugs (as defined in section 1860D-14B(g)(2)); and ``(ii) an amount equal to 30 percent of the allowable reinsurance costs (as specified in paragraph (2)) attributable to that portion of gross covered prescription drug costs as specified in paragraph (3) incurred in the coverage year after such individual has incurred costs that exceed the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B) with respect to covered part D drugs that are not applicable drugs (as so defined).''. (c) Manufacturer Discount Program.-- (1) In general.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D-14A (42 U.S.C. 1495w-114) the following new section: ``SEC. 1860D-14B. MANUFACTURER DISCOUNT PROGRAM. ``(a) Establishment.--The Secretary shall establish a manufacturer discount program (in this section referred to as the `program'). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than January 1, 2023, in consultation with manufacturers, and allow for comment on such model agreement. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2024. ``(B) Provision of discounted prices at the point- of-sale.--The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. ``(3) Compliance with requirements for administration of program.--Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). ``(4) Length of agreement.-- ``(A) In general.--An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By the secretary.--The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(iii) Effectiveness of termination.--Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(5) Effective date of agreement.--An agreement under this section shall take effect on a date determined appropriate by the Secretary, which may be at the start of a calendar quarter. ``(c) Duties Described.--The duties described in this subsection are the following: ``(1) Administration of program.--Administering the program, including-- ``(A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; ``(B) the establishment of procedures under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug; ``(C) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- ``(i) the negotiated price of the applicable drug; and ``(ii) the discounted price of the applicable drug; ``(D) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and ``(E) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Collection of data from prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans and MA-PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ``(d) Administration.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). ``(2) Limitation.--In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. ``(3) Contract with third parties.--The Secretary shall enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party-- ``(A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; ``(B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; ``(C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and ``(D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(5) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the program under this section. ``(e) Enforcement.-- ``(1) Audits.--Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. ``(2) Civil money penalty.-- ``(A) In general.--The Secretary shall impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement for each such failure in an amount the Secretary determines is commensurate with the sum of-- ``(i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and ``(ii) 25 percent of such amount. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in. ``(g) Definitions.--In this section: ``(1) Applicable beneficiary.--The term `applicable beneficiary' means an individual who, on the date of dispensing a covered part D drug-- ``(A) is enrolled in a prescription drug plan or an MA-PD plan; ``(B) is not enrolled in a qualified retiree prescription drug plan; and ``(C) has incurred costs for covered part D drugs in the year that are equal to or exceed the annual deductible specified in section 1860D-2(b)(1) for such year. ``(2) Applicable drug.--The term `applicable drug' means, with respect to an applicable beneficiary, a covered part D drug-- ``(A) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act (including a product licensed under subsection (k) of such section); and ``(B)(i) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; ``(ii) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; or ``(iii) is provided through an exception or appeal. ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(4) Discounted price.-- ``(A) In general.--The term `discounted price' means, with respect to an applicable drug of a manufacturer furnished during a year to an applicable beneficiary, 90 percent of the negotiated price of such drug. ``(B) Clarification.--Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. ``(C) Special case for claims spanning deductible.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall at or above the annual deductible specified in section 1860D-2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls at or above such annual deductible. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 1860D-2(d)(1)(B), except that such negotiated price shall not include any dispensing fee for an applicable drug. ``(7) Qualified retiree prescription drug plan.--The term `qualified retiree prescription drug plan' has the meaning given such term in section 11860D-22(a)(2).''. (2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2024, with respect to applicable drugs dispensed prior to such date.''. (3) Inclusion of actuarial value of manufacturer discounts in bids.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended-- (A) in subsection (b)(2)(C)(iii)-- (i) by striking ``assumptions regarding the reinsurance'' and inserting ``assumptions regarding-- ``(I) the reinsurance''; and (ii) by adding at the end the following: ``(II) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D- 14B subtracted from the actuarial value to produce such bid; and''; and (B) in subsection (c)(1)(C)-- (i) by striking ``an actuarial valuation of the reinsurance'' and inserting ``an actuarial valuation of-- ``(i) the reinsurance''; (ii) in clause (i), as added by clause (i) of this subparagraph, by adding ``and'' at the end; and (iii) by adding at the end the following: ``(ii) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14B;''. (4) Clarification regarding exclusion of manufacturer discounts from troop.--Section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)) is amended-- (A) in subparagraph (C), by inserting ``and subject to subparagraph (F)'' after ``subparagraph (E)''; and (B) by adding at the end the following new subparagraph: ``(F) Clarification regarding exclusion of manufacturer discounts.--In applying subparagraph (A), incurred costs shall not include any manufacturer discounts provided under section 1860D-14B.''. (d) Determination of Allowable Reinsurance Costs.--Section 1860D- 15(b) of the Social Security Act (42 U.S.C. 1395w-115(b)) is amended-- (1) in paragraph (2)-- (A) by striking ``Costs.--For purposes'' and inserting ``Costs.-- ``(A) In general.--Subject to subparagraph (B), for purposes''; and (B) by adding at the end the following new subparagraph: ``(B) Inclusion of manufacturer discounts on applicable drugs.--For purposes of applying subparagraph (A), the term `allowable reinsurance costs' shall include the portion of the negotiated price (as defined in section 1860D-14B(g)(6)) of an applicable drug (as defined in section 1860D-14(g)(2)) that was paid by a manufacturer under the manufacturer discount program under section 1860D-14B.''; and (2) in paragraph (3)-- (A) in the first sentence, by striking ``For purposes'' and inserting ``Subject to paragraph (2)(B), for purposes''; and (B) in the second sentence, by inserting ``or, in the case of an applicable drug, by a manufacturer'' after ``by the individual or under the plan''. (e) Updating Risk Adjustment Methodologies to Account for Part D Modernization Redesign.--Section 1860D-15(c) of the Social Security Act (42 U.S.C. 1395w-115(c)) is amended by adding at the end the following new paragraph: ``(3) Updating risk adjustment methodologies to account for part d modernization redesign.--The Secretary shall update the risk adjustment model used to adjust bid amounts pursuant to this subsection as appropriate to take into account changes in benefits under this part pursuant to the amendments made by section 121 of the Lower Costs, More Cures Act of 2021.''. (f) Conditions for Coverage of Drugs Under This Part.--Section 1860D-43 of the Social Security Act (42 U.S.C. 1395w-153) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(4) participate in the manufacturer discount program under section 1860D-14B; ``(5) have entered into and have in effect an agreement described in subsection (b) of such section 1860D-14B with the Secretary; and ``(6) have entered into and have in effect, under terms and conditions specified by the Secretary, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of such section 1860D-14B.''; (2) by striking subsection (b) and inserting the following: ``(b) Effective Date.--Paragraphs (1) through (3) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2024, and paragraphs (4) through (6) of such subsection shall apply to covered part D drugs dispensed on or after January 1, 2024.''; and (3) in subsection (c), by striking paragraph (2) and inserting the following: ``(2) the Secretary determines that in the period beginning on January 1, 2011, and ending on December 31, 2011 (with respect to paragraphs (1) through (3) of subsection (a)) or the period beginning on January 1, 2024, and ending December 31, 2024 (with respect to paragraphs (4) through (6) of such subsection), there were extenuating circumstances.''. (g) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (A) in subsection (a)(2)(A)(i)(I), by striking ``, or an increase in the initial'' and inserting ``or for a year preceding 2024 an increase in the initial''; (B) in subsection (c)(1)(C)-- (i) in the subparagraph heading, by striking ``at initial coverage limit''; and (ii) by inserting ``for a year preceding 2024 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2024 and each subsequent year'' after ``subsection (b)(3) for the year'' each place it appears; and (C) in subsection (d)(1)(A), by striking ``or an initial'' and inserting ``or for a year preceding 2024, an initial''. (2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the initial'' and inserting ``for a year preceding 2024, the initial''. (3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; (ii) in subparagraph (D)(iii), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''; and (iii) in subparagraph (E), by striking ``The elimination'' and inserting ``For a year preceding 2024, the elimination''; and (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; and (ii) in subparagraph (E)-- (I) by inserting ``for a year preceding 2024,'' after ``subsection (c)''; and (II) by striking ``1860D- 2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''. (4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (5) Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended-- (A) by striking ``the value of any discount'' and inserting the following: ``the value of-- ``(i) for years prior to 2024, any discount''; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) for 2024 and each subsequent year, any discount provided pursuant to section 1860D-14B.''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2024'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. (h) Effective Date.--The amendments made by this section shall apply to plan year 2024 and subsequent plan years. Subtitle D--Other Medicare Part D Provisions SEC. 131. ALLOWING THE OFFERING OF ADDITIONAL PRESCRIPTION DRUG PLANS UNDER MEDICARE PART D. (a) Rescinding and Issuance of New Guidance.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall-- (1) rescind sections of any sub-regulatory guidance that limit the number of prescription drug plans in each PDP region that may be offered by a PDP sponsor under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.); and (2) issue new guidance specifying that a PDP sponsor may offer up to 4 (or a greater number if determined appropriate by the Secretary) prescription drug plans in each PDP region, except in cases where the PDP sponsor may offer up to 2 additional plans in a PDP region pursuant to section 1860D- 11(d)(4) of the Social Security Act (42 U.S.C. 1395w- 111(d)(4)), as added by subsection (b). (b) Offering of Additional Plans.--Section 1860D-11(d) of the Social Security Act (42 U.S.C. 1395w-111(d)) is amended by adding at the end the following new paragraph: ``(4) Offering of additional plans.-- ``(A) In general.--For plan year 2022 and each subsequent plan year, a PDP sponsor may offer up to 2 additional prescription drug plans in a PDP region (in addition to any limit established by the Secretary under this part) provided that the PDP sponsor complies with subparagraph (B) with respect to at least one such prescription drug plan. ``(B) Requirements.--In order to be eligible to offer up to 2 additional plans in a PDP region pursuant to subparagraph (A), a PDP sponsor must ensure that, with respect to at least one such prescription drug plan, the sponsor or any entity that provides pharmacy benefits management services under a contract with any such sponsor or plan does not receive direct or indirect remuneration, as defined in section 423.308 of title 42, Code of Federal Regulations (or any successor regulation), unless at least 25 percent of the aggregate reductions in price or other remuneration received by the PDP sponsor or entity from drug manufacturers with respect to the plan and plan year-- ``(i) are reflected at the point-of-sale to the enrollee; or ``(ii) are used to reduce total beneficiary cost-sharing estimated by the PDP sponsor for prescription drug coverage under the plan in the annual bid submitted by the PDP sponsor under section 1860D-11(b). ``(C) Definition of reductions in price.--For purposes of subparagraph (B), the term `reductions in price' refers only to collectible amounts, as determined by the Secretary, which excludes amounts which after adjudication and reconciliation with pharmacies and manufacturers are duplicate in nature, contrary to other contractual clauses, or otherwise ineligible (such as due to beneficiary disenrollment or coordination of benefits).''. (c) Rule of Construction.--Nothing in the provisions of, or amendments made by, this section shall be construed as limiting the ability of the Secretary to increase any limit otherwise applicable on the number of prescription drug plans that a PDP sponsor may offer, at the discretion of the PDP sponsor, in a PDP region under part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.). SEC. 132. ALLOWING CERTAIN ENROLLEES OF PRESCRIPTION DRUG PLANS AND MA- PD PLANS UNDER MEDICARE PROGRAM TO SPREAD OUT COST- SHARING UNDER CERTAIN CIRCUMSTANCES. (a) Standard Prescription Drug Coverage.--Section 1860D-2(b)(2) of the Social Security Act (42 U.S.C. 1395w-102(b)(2)), as amended by section 121, is further amended-- (1) in subparagraph (A), by striking ``Subject to subparagraphs (C) and (D)'' and inserting ``Subject to subparagraphs (C), (D), and (E)''; and (2) by adding at the end the following new subparagraph: ``(E) Enrollee option regarding spreading cost- sharing.-- ``(i) In general.--The Secretary shall establish by regulation a process under which, with respect to plan year 2022 and subsequent plan years, a prescription drug plan or an MA- PD plan shall, in the case of a part D eligible individual enrolled with such plan for such plan year with respect to whom the plan projects that the dispensing of a covered part D drug to such individual will result in the individual incurring costs within a 30-day period that are equal to a significant percentage (as specified by the Secretary pursuant to such regulation) of the annual out- of-pocket threshold specified in paragraph (4)(B) for such plan year, provide such individual with the option to make the coinsurance payment required under subparagraph (A) for such costs in the form of equal monthly installments over the remainder of such plan year. ``(ii) Significant percentage limitations.--In specifying a significant percentage pursuant to the regulation established by the Secretary under clause (i), the Secretary may not specify a percentage that is less than 30 percent or greater than 100 percent.''. (b) Alternative Prescription Drug Coverage.--Section 1860D-2(c) of the Social Security Act (42 U.S.C. 1395w-102(c)) is amended by adding at the end the following new paragraph: ``(4) Same enrollee option regarding spreading cost- sharing.--For plan year 2022 and subsequent plan years, the coverage provides the enrollee option regarding spreading cost- sharing described in and required under subsection (b)(2)(E).''. SEC. 133. ESTABLISHING A MONTHLY CAP ON BENEFICIARY INCURRED COSTS FOR INSULIN PRODUCTS AND SUPPLIES UNDER A PRESCRIPTION DRUG PLAN OR MA-PD PLAN. (a) In General.--Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102), as amended by sections 121 and 133, is further amended-- (1) in subsection (b)(2)-- (A) in subparagraph (A), by striking ``and (E)'' and inserting ``(E), and (F)''; (B) in subparagraph (B), by striking ``and (D)'' and inserting ``(D), and (F)''; and (C) by adding at the end the following new subparagraph: ``(F) Cap on incurred costs for insulin products and supplies.-- ``(i) In general.--The coverage provides benefits, for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold described in paragraph (4)(B) and with respect to a month (beginning with January of 2022), with cost sharing that is equal to $0 for a specified covered part D drug (as defined in clause (iii)) furnished to an individual who has incurred costs during such month with respect to specified covered part D drugs equal to-- ``(I) for months occurring in 2022, $50; or ``(II) for months occurring in a subsequent year, the amount applicable under this clause for months occurring in the year preceding such subsequent year, increased by the annual percentage increase specified in paragraph (6) for such subsequent year and rounded to the nearest dollar. ``(ii) Application.--The provisions of clauses (i) through (iii) of paragraph (4)(C) shall apply with respect to the determination of the incurred costs for specified covered part D drugs for purposes of clause (i) in the same manner as such provisions apply with respect to the determination of incurred costs for covered part D drugs for purposes of paragraph (4)(A). ``(iii) Specified covered part d drug.--For purposes of this subparagraph, the term `specified covered part D drug' means a covered part D drug that is-- ``(I) insulin; or ``(II) a medical supply associated with the injection of insulin (as defined in regulations of the Secretary promulgated pursuant to subsection (e)(1)(B)).''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(5) Same protection with respect to expenditures for insulin and certain medical supplies.--The coverage provides the coverage required under subsection (b)(2)(F).''. (b) Conforming Amendments.-- (1) In general.--Section 1860D-14(a)(1)(D) of the Social Security Act (42 U.S.C. 1395w-114(a)(1)(D)), as amended by section 121, is further amended-- (A) in clause (ii), by striking ``section 1860D- 2(b)(2)'' and inserting ``section 1860D-2(b)(2)(A)''; and (B) in clause (iii), by striking ``section 1860D- 2(b)(2)'' and inserting ``section 1860D-2(b)(2)(A)''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to plan year 2022 and each subsequent plan year. SEC. 134. GROWTH RATE OF MEDICARE PART D OUT-OF-POCKET COST THRESHOLD. (a) Providing Medicare Part D Beneficiaries With Certain 2020 Offset Payments.--Section 1860D-2(b)(4) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)) is amended by adding at the end the following new subparagraph: ``(F) 2020 offset payments.-- ``(i) In general.--Subject to clause (iv), the Secretary shall provide for payment from the Medicare Prescription Drug Account as follows: ``(I) In the case of a specified individual (as defined in clause (ii)(I)) who as of the last day of a calendar quarter in 2020 has incurred costs for covered part D drugs so that the individual has exceeded the annual out-of-pocket threshold applied under subparagraph (B)(i)(V) for 2020, payment to the individual by not later than 15th day of the third month following the end of such quarter of the amount by which such threshold so applied exceeded the target threshold for 2020. ``(II) In the case of a specified individual who is not described in subclause (I) and who as of the last day of 2020 has incurred costs for covered part D drugs so that the individual has exceeded the target threshold for 2020, payment to the individual by not later than December 31, 2021, of the amount by which such incurred costs exceeded the target threshold for 2020. ``(ii) Definitions.--For purposes of this subparagraph: ``(I) Specified individual.--The term `specified individual' means an individual who-- ``(aa) is enrolled in a prescription drug plan or an MA- PD plan; ``(bb) is not enrolled in a qualified retiree prescription drug plan; and ``(cc) is not entitled to an income-related subsidy under section 1860D-14(a). ``(II) Target threshold for 2020.-- The term `target threshold for 2020' means the annual out-of-pocket threshold that would have been applied under subparagraph (B)(i) for 2020 if such threshold had been determined in accordance with subclause (IV) of such subparagraph instead of subclause (V) of such subparagraph. ``(iii) Notification.--In the case of any specified individual who during 2020 has incurred costs for covered part D drugs so that the individual has exceeded the target threshold for 2020, the Secretary shall, not later than September 30, 2021, provide to such individual a notification informing such individual of such individual's right to a payment described in clause (i) and the estimated timing of such payment. ``(iv) Clarification.--The Secretary shall provide only 1 payment under this subparagraph with respect to any individual. ``(v) Implementation.--The Secretary may implement this subparagraph by program instruction or otherwise.''. (b) Reduced Growth Rate for 2021 of Medicare Part D Out-of-Pocket Cost Threshold.--Section 1860D-2(b)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-102(b)(4)(B)(i)) is amended-- (1) in subclause (V), by striking at the end ``or''; (2) by redesignating subclause (VI) as subclause (VIII); and (3) by inserting after subclause (V) the following new subclauses: ``(VI) for 2021, is equal to the amount that would have been applied under this subparagraph for 2020 if such amount had been determined in accordance with subclause (IV) instead of subclause (V), increased by the lesser of-- ``(aa) the annual percentage increase described in paragraph (7) for 2021, plus 2 percentage points; or ``(bb) the annual percentage increase described in paragraph (6) for 2021; ``(VII) for 2022, is equal to the amount that would have been applied under this subparagraph for 2022 if the amendments made by section 1101(d)(1) of the Health Care and Education Reconciliation Act of 2010 and by section 134 of the Lower Costs, More Cures Act of 2021 had not been enacted; or''. TITLE II--MEDICAID SEC. 201. MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE IMPROVEMENTS. (a) In General.--Subparagraph (A) of section 1927(d)(4) of the Social Security Act (42 U.S.C. 1396r-8(d)(4)) is amended to read as follows: ``(A)(i) The formulary is developed and reviewed by a pharmacy and therapeutics committee consisting of physicians, pharmacists, and other appropriate individuals appointed by the Governor of the State. ``(ii) Subject to clause (vi), the State establishes and implements a conflict of interest policy for the pharmacy and therapeutics committee that-- ``(I) is publicly accessible; ``(II) requires all committee members to complete, on at least an annual basis, a disclosure of relationships, associations, and financial dealings that may affect their independence of judgement in committee matters; and ``(III) contains clear processes, such as recusal from voting or discussion, for those members who report a conflict of interest, along with appropriate processes to address any instance where a member fails to report a conflict of interest. ``(iii) The membership of the pharmacy and therapeutics committee-- ``(I) includes at least 1 actively practicing physician and at least 1 actively practicing pharmacist, each of whom-- ``(aa) is independent and free of conflict with respect to manufacturers and Medicaid participating plans or subcontractors, including pharmacy benefit managers; and ``(bb) has expertise in the care of 1 or more Medicaid-specific populations such as elderly or disabled individuals, children with complex medical needs, or low-income individuals with chronic illnesses; and ``(II) is made publicly available. ``(iv) At the option of the State, the State's drug use review board established under subsection (g)(3) may serve as the pharmacy and therapeutics committee provided the State ensures that such board meets the requirements of clauses (ii) and (iii). ``(v) The State reviews and has final approval of the formulary established by the pharmacy and therapeutics committee. ``(vi) If the Secretary determines it appropriate or necessary based on the findings and recommendations of the Comptroller General of the United States in the report submitted to Congress under section 203 of the Lower Costs, More Cures Act of 2021, the Secretary shall issue guidance that States must follow for establishing conflict of interest policies for the pharmacy and therapeutics committee in accordance with the requirements of clause (ii), including appropriate standards and requirements for identifying, addressing, and reporting on conflicts of interest.''. (b) Application to Medicaid Managed Care Organizations.--Clause (xiii) of section 1903(m)(2)(A) of the Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is amended-- (1) by striking ``and (III)'' and inserting ``(III)''; (2) by striking the period at the end and inserting ``, and (IV) any formulary used by the entity for covered outpatient drugs dispensed to individuals eligible for medical assistance who are enrolled with the entity is developed and reviewed by a pharmacy and therapeutics committee that meets the requirements of clauses (ii) and (iii) of section 1927(d)(4)(A).''; and (3) by moving the left margin 2 ems to the left. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act. SEC. 202. GAO REPORT ON CONFLICTS OF INTEREST IN STATE MEDICAID PROGRAM DRUG USE REVIEW BOARDS AND PHARMACY AND THERAPEUTICS (P&T) COMMITTEES. (a) Investigation.--The Comptroller General of the United States shall conduct an investigation of potential or existing conflicts of interest among members of State Medicaid program State drug use review boards (in this section referred to as ``DUR Boards'') and pharmacy and therapeutics committees (in this section referred to as ``P&T Committees''). (b) Report.--Not later than 24 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the investigation conducted under subsection (a) that includes the following: (1) A description outlining how DUR Boards and P&T Committees operate in States, including details with respect to-- (A) the structure and operation of DUR Boards and statewide P&T Committees; (B) States that operate separate P&T Committees for their fee-for-service Medicaid program and their Medicaid managed care organizations or other Medicaid managed care arrangements (collectively referred to in this section as ``Medicaid MCOs)''; and (C) States that allow Medicaid MCOs to have their own P&T Committees and the extent to which pharmacy benefit managers administer or participate in such P&T Committees. (2) A description outlining the differences between DUR Boards established in accordance with section 1927(g)(3) of the Social Security Act (42 U.S.C. 1396r(g)(3)) and P&T Committees. (3) A description outlining the tools P&T Committees may use to determine Medicaid drug coverage and utilization management policies. (4) An analysis of whether and how States or P&T Committees establish participation and independence requirements for DUR Boards and P&T Committees, including with respect to entities with connections with drug manufacturers, State Medicaid programs, managed care organizations, and other entities or individuals in the pharmaceutical industry. (5) A description outlining how States, DUR Boards, or P&T Committees define conflicts of interest. (6) A description of how DUR Boards and P&T Committees address conflicts of interest, including who is responsible for implementing such policies. (7) A description of the tools, if any, States use to ensure that there are no conflicts of interest on DUR Boards and P&T Committees. (8) An analysis of the effectiveness of tools States use to ensure that there are no conflicts of interest on DUR Boards and P&T Committees and, if applicable, recommendations as to how such tools could be improved. (9) A review of strategies States may use to guard against conflicts of interest on DUR Boards and P&T Committees and to ensure compliance with the requirements of titles XI and XIX of the Social Security Act (42 U.S.C. 1301 et seq., 1396 et seq.) and access to effective, clinically appropriate, and medically necessary drug treatments for Medicaid beneficiaries, including recommendations for such legislative and administrative actions as the Comptroller General determines appropriate. SEC. 203. ENSURING THE ACCURACY OF MANUFACTURER PRICE AND DRUG PRODUCT INFORMATION UNDER THE MEDICAID DRUG REBATE PROGRAM. (a) Audit of Manufacturer Price and Drug Product Information.-- (1) In general.--Subparagraph (B) of section 1927(b)(3) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)) is amended to read as follows: ``(B) Audits and surveys of manufacturer price and drug product information.-- ``(i) Audits.--The Secretary shall conduct ongoing audits of the price and drug product information reported by manufacturers under subparagraph (A) for the most recently ended rebate period to ensure the accuracy and timeliness of such information. In conducting such audits, the Secretary may employ evaluations, surveys, statistical sampling, predictive analytics and other relevant tools and methods. ``(ii) Verifications surveys of average manufacturer price and manufacturer's average sales price.--In addition to the audits required under clause (i), the Secretary may survey wholesalers and manufacturers (including manufacturers that directly distribute their covered outpatient drugs (in this subparagraph referred to as `direct sellers')), when necessary, to verify manufacturer prices and manufacturer's average sales prices (including wholesale acquisition cost) to make payment reported under subparagraph (A). ``(iii) Penalties.--In addition to other penalties as may be prescribed by law, including under subparagraph (C) of this paragraph, the Secretary may impose a civil monetary penalty in an amount not to exceed $185,000 on an annual basis on a wholesaler, manufacturer, or direct seller, if the wholesaler, manufacturer, or direct seller of a covered outpatient drug refuses a request for information about charges or prices by the Secretary in connection with an audit or survey under this subparagraph or knowingly provides false information. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this clause in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(iv) Reports.-- ``(I) Report to congress.--The Secretary shall, not later than 18 months after date of enactment of this subparagraph, submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate regarding additional regulatory or statutory changes that may be required in order to ensure accurate and timely reporting and oversight of manufacturer price and drug product information, including whether changes should be made to reasonable assumption requirements to ensure such assumptions are reasonable and accurate or whether another methodology for ensuring accurate and timely reporting of price and drug product information should be considered to ensure the integrity of the drug rebate program under this section. ``(II) Annual reports.--The Secretary shall, on at least an annual basis, submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate summarizing the results of the audits and surveys conducted under this subparagraph during the period that is the subject of the report. ``(III) Content.--Each report submitted under subclause (II) shall, with respect to the period that is the subject of the report, include summaries of-- ``(aa) error rates in the price, drug product, and other relevant information supplied by manufacturers under subparagraph (A); ``(bb) the timeliness with which manufacturers, wholesalers, and direct sellers provide information required under subparagraph (A) or under clause (i) or (ii) of this subparagraph; ``(cc) the number of manufacturers, wholesalers, and direct sellers and drug products audited under this subparagraph; ``(dd) the types of price and drug product information reviewed under the audits conducted under this subparagraph; ``(ee) the tools and methodologies employed in such audits; ``(ff) the findings of such audits, including which manufacturers, if any, were penalized under this subparagraph; and ``(gg) such other relevant information as the Secretary shall deem appropriate. ``(IV) Protection of information.-- In preparing a report required under subclause (II), the Secretary shall redact such proprietary information as the Secretary determines appropriate to prevent disclosure of, and to safeguard, such information. ``(v) Appropriations.--Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary $2,000,000 for fiscal year 2022 and each fiscal year thereafter to carry out this subparagraph.''. (2) Effective date.--The amendments made by this subsection shall take effect on the first day of the first fiscal quarter that begins after the date of enactment of this Act. (b) Increased Penalties for Noncompliance With Reporting Requirements.-- (1) Increased penalty for late reporting of information.-- Section 1927(b)(3)(C)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(C)(i)) is amended by striking ``increased by $10,000 for each day in which such information has not been provided and such amount shall be paid to the Treasury'' and inserting ``, for each covered outpatient drug with respect to which such information is not provided, $50,000 for the first day that such information is not provided on a timely basis and $19,000 for each subsequent day that such information is not provided''. (2) Increased penalty for knowingly reporting false information.--Section 1927(b)(3)(C)(ii) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(C)(ii)) is amended by striking ``$100,000'' and inserting ``$500,000''. (3) Effective date.--The amendments made by this subsection shall take effect on the first day of the first fiscal quarter that begins after the date of enactment of this Act. SEC. 204. IMPROVING TRANSPARENCY AND PREVENTING THE USE OF ABUSIVE SPREAD PRICING AND RELATED PRACTICES IN MEDICAID. (a) Pass-Through Pricing Required.-- (1) In general.--Section 1927(e) of the Social Security Act (42 U.S.C. 1396r-8(e)) is amended by adding at the end the following: ``(6) Pass-through pricing required.--A contract between the State and a pharmacy benefit manager (referred to in this paragraph as a `PBM'), or a contract between the State and a managed care entity or other specified entity (as such terms are defined in section 1903(m)(9)(D)) that includes provisions making the entity responsible for coverage of covered outpatient drugs dispensed to individuals enrolled with the entity, shall require that payment for such drugs and related administrative services (as applicable), including payments made by a PBM on behalf of the State or entity, is based on a pass-through pricing model under which-- ``(A) any payment made by the entity of the PBM (as applicable) for such a drug-- ``(i) is limited to-- ``(I) ingredient cost; and ``(II) a professional dispensing fee that is not less than the professional dispensing fee that the State plan or waiver would pay if the plan or waiver was making the payment directly; ``(ii) is passed through in its entirety by the entity or PBM to the pharmacy that dispenses the drug; and ``(iii) is made in a manner that is consistent with section 1902(a)(30)(A) and sections 447.512, 447.514, and 447.518 of title 42, Code of Federal Regulations (or any successor regulation), as if such requirements applied directly to the entity or the PBM; ``(B) payment to the entity or the PBM (as applicable) for administrative services performed by the entity or PBM is limited to a reasonable administrative fee that covers the reasonable cost of providing such services; ``(C) the entity or the PBM (as applicable) shall make available to the State, and the Secretary upon request, all costs and payments related to covered outpatient drugs and accompanying administrative services incurred, received, or made by the entity or the PBM, including ingredient costs, professional dispensing fees, administrative fees, post-sale and post-in-voice fees. Discounts, or related adjustments such as direct and indirect remuneration fees, and any and all remuneration; and ``(D) any form of spread pricing whereby any amount charged or claimed by the entity or the PBM (as applicable) is in excess of the amount paid to the pharmacies on behalf of the entity, including any post- sale or post-invoice fees, discounts, or related adjustments such as direct and indirect remuneration fees or assessments (after allowing for a reasonable administrative fee as described in subparagraph (B)) is not allowable for purposes of claiming Federal matching payments under this title.''. (2) Conforming amendment.--Clause (xiii) of section 1903(m)(2)(A) of such Act (42 U.S.C. 1396b(m)(2)(A)), as amended by section 202, is further amended-- (A) by striking ``and (IV)'' and inserting ``(IV)''; and (B) by inserting before the period at the end the following: ``, and (V) pharmacy benefit management services provided by the entity, or provided by a pharmacy benefit manager on behalf of the entity under a contract or other arrangement between the entity and the pharmacy benefit manager, shall comply with the requirements of section 1927(e)(6)''. (3) Effective date.--The amendments made by this subsection apply to contracts between States and managed care entities, other specified entities, or pharmacy benefits managers that are entered into or renewed on or after the date that is 18 months after the date of enactment of this Act. (b) Survey of Retail Prices.-- (1) In general.--Section 1927(f) of the Social Security Act (42 U.S.C. 1396r-8(f)) is amended-- (A) by striking ``and'' after the semicolon at the end of paragraph (1)(A)(i) and all that precedes it through ``(1)'' and inserting the following: ``(1) Survey of retail prices.--The Secretary shall conduct a survey of retail community drug prices, to include at least the national average drug acquisition cost, as follows: ``(A) Use of vendor.--The Secretary may contract services for-- ``(i) with respect to retail community pharmacies, the determination on a monthly basis of retail survey prices of the national average drug acquisition cost for covered outpatient drugs for such pharmacies, net of all discounts and rebates (to the extent any information with respect to such discounts and rebates is available), the average reimbursement received for such drugs by such pharmacies from all sources of payment, including third parties, and, to the extent available, the usual and customary charges to consumers for such drugs; and''; (B) by adding at the end of paragraph (1) the following: ``(F) Survey reporting.--In order to meet the requirement of section 1902(a)(54), a State shall require that any retail community pharmacy in the State that receives any payment, administrative fee, discount, or rebate related to the dispensing of covered outpatient drugs to individuals receiving benefits under this title, regardless of whether such payment, fee, discount, or rebate is received from the State or a managed care entity directly or from a pharmacy benefit manager or another entity that has a contract with the State or a managed care entity, shall respond to surveys of retail prices conducted under this subsection. ``(G) Survey information.--Information on retail community prices obtained under this paragraph shall be made publicly available and shall include at least the following: ``(i) The monthly response rate of the survey including a list of pharmacies not in compliance with subparagraph (F). ``(ii) The sampling frame and number of pharmacies sampled monthly. ``(iii) Characteristics of reporting pharmacies, including type (such as independent or chain), geographic or regional location, and dispensing volume. ``(iv) Reporting of a separate national average drug acquisition cost for each drug for independent retail pharmacies and chain operated pharmacies. ``(v) Information on price concessions including on and off invoice discounts, rebates, and other price concessions. ``(vi) Information on average professional dispensing fees paid. ``(H) Penalties.-- ``(i) Failure to provide timely information.--A retail community pharmacy that fails to respond to a survey conducted under this subsection on a timely basis may be subject to a civil monetary penalty in the amount of $10,000 for each day in which such information has not been provided. ``(ii) False information.--A retail community pharmacy that knowingly provides false information in response to a survey conducted under this subsection may be subject to a civil money penalty in an amount not to exceed $100,000 for each item of false information. ``(iii) Other penalties.--Any civil money penalties imposed under this subparagraph shall be in addition to other penalties as may be prescribed by law. The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceedings under section 1128A(a). ``(I) Report on specialty pharmacies.-- ``(i) In general.--Not later than 1 year after the effective date of this subparagraph, the Secretary shall submit a report to Congress examining specialty drug coverage and reimbursement under this title. ``(ii) Content of report.--Such report shall include a description of how State Medicaid programs define specialty drugs, how much State Medicaid programs pay for specialty drugs, how States and managed care plans determine payment for specialty drugs, the settings in which specialty drugs are dispensed (such as retail community pharmacies or specialty pharmacies), whether acquisition costs for specialty drugs are captured in the national average drug acquisition cost survey, and recommendations as to whether specialty pharmacies should be included in the survey of retail prices to ensure national average drug acquisition costs capture drugs sold at specialty pharmacies and how such specialty pharmacies should be defined.''; (C) in paragraph (2)-- (i) in subparagraph (A), by inserting ``, including payments rates under Medicaid managed care plans,'' after ``under this title''; and (ii) in subparagraph (B), by inserting ``and the basis for such dispensing fees'' before the semicolon; and (D) in paragraph (4), by inserting ``, and $5,000,000 for fiscal year 2022 and each fiscal year thereafter,'' after ``2010''. (2) Effective date.--The amendments made by this subsection take effect on the 1st day of the 1st quarter that begins on or after the date that is 18 months after the date of enactment of this Act. (c) Manufacturer Reporting of Wholesale Acquisition Cost.--Section 1927(b)(3) of such Act (42 U.S.C. 1396r-8(b)(3)), as amended by section 141, is further amended-- (1) in subparagraph (A)(i)-- (A) in subclause (I), by striking ``and'' after the semicolon; (B) in subclause (II), by adding ``and'' after the semicolon; (C) by moving the left margins of subclauses (I) and (II) 2 ems to the right; and (D) by adding at the end the following: ``(III) in the case of rebate periods that begin on or after the date of enactment of this subclause, on the wholesale acquisition cost (as defined in section 1847A(c)(6)(B)) for covered outpatient drugs for the rebate period under the agreement (including for all such drugs that are sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act);''; and (2) in subparagraph (D)-- (A) in the matter preceding clause (i), by inserting ``and clause (vii) of this subparagraph'' after ``1847A''; (B) in clause (vi), by striking ``and'' after the comma; (C) in clause (vii), by striking the period and inserting ``, and''; and (D) by inserting after clause (vii) the following: ``(viii) to the Secretary to disclose (through a website accessible to the public) the most recently reported wholesale acquisition cost (as defined in section 1847A(c)(6)(B)) for each covered outpatient drug (including for all such drugs that are sold under a new drug application approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act), as reported under subparagraph (A)(i)(III).''. SEC. 205. T-MSIS DRUG DATA ANALYTICS REPORTS. (a) In General.--Not later than May 1 of each calendar year beginning with calendar year 2023, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall publish on a website of the Centers for Medicare & Medicaid Services that is accessible to the public a report of the most recently available data on provider prescribing patterns under the Medicaid program. (b) Content of Report.-- (1) Required content.--Each report required under subsection (a) for a calendar year shall include the following information with respect to each State (and, to the extent available, with respect to Puerto Rico, the United States Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa): (A) A comparison of covered outpatient drug (as defined in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2))) prescribing patterns under the State Medicaid plan or waiver of such plan (including drugs prescribed on a fee-for-service basis and drugs prescribed under managed care arrangements under such plan or waiver)-- (i) across all forms or models of reimbursement used under the plan or waiver; (ii) within specialties and subspecialties, as defined by the Secretary; (iii) by episodes of care for-- (I) each chronic disease category, as defined by the Secretary, that is represented in the 10 conditions that accounted for the greatest share of total spending under the plan or waiver during the year that is the subject of the report; (II) procedural groupings; and (III) rare disease diagnosis codes; (iv) by patient demographic characteristics, including race (to the extent that the Secretary determines that there is sufficient data available with respect to such characteristic in a majority of States), gender, and age; (v) by patient high-utilizer or risk status; and (vi) by high and low resource settings by facility and place of service categories, as determined by the Secretary. (B) In the case of medical assistance for covered outpatient drugs (as so defined) provided under a State Medicaid plan or waiver of such plan in a managed care setting, an analysis of the differences in managed care prescribing patterns when a covered outpatient drug is prescribed in a managed care setting as compared to when the drug is prescribed in a fee-for-service setting. (2) Additional content.--A report required under subsection (a) for a calendar year may include State-specific information about prescription utilization management tools under State Medicaid plans or waivers of such plans, including-- (A) a description of prescription utilization management tools under State programs to provide long- term services and supports under a State Medicaid plan or a waiver of such plan; (B) a comparison of prescription utilization management tools applicable to populations covered under a State Medicaid plan waiver under section 1115 of the Social Security Act (42 U.S.C. 1315) and the models applicable to populations that are not covered under the waiver; (C) a comparison of the prescription utilization management tools employed by different Medicaid managed care organizations, pharmacy benefit managers, and related entities within the State; (D) a comparison of the prescription utilization management tools applicable to each enrollment category under a State Medicaid plan or waiver; and (E) a comparison of the prescription utilization management tools applicable under the State Medicaid plan or waiver by patient high-utilizer or risk status. (3) Additional analysis.--To the extent practicable, the Secretary shall include in each report published under subsection (a)-- (A) analyses of national, State, and local patterns of Medicaid population-based prescribing behaviors; and (B) recommendations for administrative or legislative action to improve the effectiveness of, and reduce costs for, covered outpatient drugs under Medicaid while ensuring timely beneficiary access to medically necessary covered outpatient drugs. (c) Use of T-MSIS Data.--Each report required under subsection (a) shall-- (1) be prepared using data and definitions from the Transformed Medicaid Statistical Information System (T-MSIS) data set (or a successor data set) that is not more than 24 months old on the date that the report is published; and (2) as appropriate, include a description with respect to each State of the quality and completeness of the data, as well as any necessary caveats describing the limitations of the data reported to the Secretary by the State that are sufficient to communicate the appropriate uses for the information. (d) Preparation of Report.--Each report required under subsection (a) shall be prepared by the Administrator for the Centers for Medicare & Medicaid Services. (e) Appropriation.--For fiscal year 2022 and each fiscal year thereafter, there is appropriated to the Secretary $2,000,000 to carry out this section. SEC. 206. RISK-SHARING VALUE-BASED PAYMENT AGREEMENTS FOR COVERED OUTPATIENT DRUGS UNDER MEDICAID. (a) In General.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended by adding at the end the following new subsection: ``(l) State Option To Pay for Covered Outpatient Drugs Through Risk-Sharing Value-Based Agreements.-- ``(1) In general.--Beginning January 1, 2022, a State shall have the option to pay (whether on a fee-for-service or managed care basis) for covered outpatient drugs that are potentially curative treatments intended for one-time use that are administered to individuals under this title by entering into a risk-sharing value-based payment agreement with the manufacturer of the drug in accordance with the requirements of this subsection. ``(2) Secretarial approval.-- ``(A) In general.--A State shall submit a request to the Secretary to enter into a risk-sharing value based payment agreement, and the Secretary shall not approve a proposed risk-sharing value-based payment agreement between a State and a manufacturer for payment for a covered outpatient drug of the manufacturer unless the following requirements are met: ``(i) Manufacturer is party to rebate agreement and in compliance with requirements.--The manufacturer has a rebate agreement in effect as required under subsections (a) and (b) of this section and is in compliance with all applicable requirements under this title. ``(ii) No increase to projected net federal spending.-- ``(I) In general.--The Chief Actuary certifies that the projected payments for each covered outpatient drug under such proposed agreement would not result in greater estimated Federal spending under this title than the net Federal spending that would result in the absence of the agreement. ``(II) Net federal spending defined.--For purposes of this subsection, the term `net Federal spending' means the amount of Federal payments the Chief Actuary estimates would be made under this title for administering a covered outpatient drug to an individual eligible for medical assistance under a State plan or a waiver of such plan, reduced by the amount of all rebates the Chief Actuary estimates would be paid with respect to the administering of such drug, including all rebates under this title and any supplemental or other additional rebates, in the absence of such an agreement. ``(III) Information.--The Chief Actuary shall make the certifications required under this clause based on the most recently available and reliable drug pricing and product information. The State and manufacturer shall provide the Secretary and the Chief Actuary with all necessary information required to make the estimates needed for such certifications. ``(iii) Launch and list price justifications.--The manufacturer submits all relevant information and supporting documentation necessary for pricing decisions as deemed appropriate by the Secretary, which shall be truthful and non-misleading, including manufacturer information and supporting documentation for launch price or list price increases, and any applicable justification required under section 1128L. ``(iv) Confidentiality of information; penalties.--The provisions of subparagraphs (C) and (D) of subsection (b)(3) shall apply to a manufacturer that fails to submit the information and documentation required under clauses (ii) and (iii) on a timely basis, or that knowingly provides false or misleading information, in the same manner as such provisions apply to a manufacturer with a rebate agreement under this section. ``(B) Consideration of state request for approval.-- ``(i) In general.--The Secretary shall treat a State request for approval of a risk- sharing value-based payment agreement in the same manner that the Secretary treats a State plan amendment, and subpart B of part 430 of title 42, Code of Federal Regulations, including, subject to clause (ii), the timing requirements of section 430.16 of such title (as in effect on the date of enactment of this subsection), shall apply to a request for approval of a risk-sharing value-based payment agreement in the same manner as such subpart applies to a State plan amendment. ``(ii) Timing.--The Secretary shall consult with the Commissioner of Food and Drugs as required under subparagraph (C) and make a determination on whether to approve a request from a State for approval of a proposed risk- sharing value-based payment agreement (or request additional information necessary to allow the Secretary to make a determination with respect to such request for approval) within the time period, to the extent practicable, specified in section 430.16 of title 42, Code of Federal Regulations (as in effect on the date of enactment of this subsection), but in no case shall the Secretary take more than 180 days after the receipt of such request for approval or response to such request for additional information to make such a determination (or request additional information). ``(C) Consultation with the commissioner of food and drugs.--In considering whether to approve a risk- sharing value-based payment agreement, the Secretary, to the extent necessary, shall consult with the Commissioner of Food and Drugs to determine whether the relevant clinical parameters specified in such agreement are appropriate. ``(3) Installment-based payment structure.-- ``(A) In general.--A risk-sharing value-based payment agreement shall provide for a payment structure under which, for every installment year of the agreement (subject to subparagraph (B)), the State shall pay the total installment year amount in equal installments to be paid at regular intervals over a period of time that shall be specified in the agreement. ``(B) Requirements for installment payments.-- ``(i) Timing of first payment.--The State shall make the first of the installment payments described in subparagraph (A) for an installment year not later than 30 days after the end of such year. ``(ii) Length of installment period.--The period of time over which the State shall make the installment payments described in subparagraph (A) for an installment year shall not be longer than 5 years. ``(iii) Nonpayment or reduced payment of installments following a failure to meet clinical parameter.--If, prior to the payment date (as specified in the agreement) of any installment payment described in subparagraph (A) or any other alternative date or time frame (as otherwise specified in the agreement), the covered outpatient drug which is subject to the agreement fails to meet a relevant clinical parameter of the agreement, the agreement shall provide that-- ``(I) the installment payment shall not be made; or ``(II) the installment payment shall be reduced by a percentage specified in the agreement that is based on the outcome achieved by the drug relative to the relevant clinical parameter. ``(4) Notice of intent.-- ``(A) In general.--Subject to subparagraph (B), a manufacturer of a covered outpatient drug shall not be eligible to enter into a risk-sharing value-based payment agreement under this subsection with respect to such drug unless the manufacturer notifies the Secretary that the manufacturer is interested in entering into such an agreement with respect to such drug. The decision to submit and timing of a request to enter into a proposed risk-sharing value-based payment agreement shall remain solely within the discretion of the State and shall only be effective upon Secretarial approval as required under this subsection. ``(B) Treatment of subsequently approved drugs.-- ``(i) In general.--In the case of a manufacturer of a covered outpatient drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act after the date of enactment of this subsection, not more than 90 days after meeting with the Food and Drug Administration following phase II clinical trials for such drug (or, in the case of a drug described in clause (ii), not later than March 31, 2022), the manufacturer must notify the Secretary of the manufacturer's intent to enter into a risk-sharing value-based payment agreement under this subsection with respect to such drug. If no such meeting has occurred, the Secretary may use discretion as to whether a potentially curative treatment intended for one-time use may qualify for a risk-sharing value-based payment agreement under this section. A manufacturer notification of interest shall not have any influence on a decision for approval by the Food and Drug Administration. ``(ii) Application to certain subsequently approved drugs.--A drug described in this clause is a covered outpatient drug of a manufacturer-- ``(I) that is approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act after the date of enactment of this subsection; and ``(II) with respect to which, as of January 1, 2022, more than 90 days have passed after the manufacturer's meeting with the Food and Drug Administration following phase II clinical trials for such drug. ``(iii) Parallel approval.--The Secretary, in coordination with the Administrator of the Centers for Medicare & Medicaid Services and the Commissioner of Food and Drugs, shall, to the extent practicable, approve a State's request to enter into a proposed risk-sharing value-based payment agreement that otherwise meets the requirements of this subsection at the time that such a drug is approved by the Food and Drug Administration to help provide that no State that wishes to enter into such an agreement is required to pay for the drug in full at one time if the State is seeking to pay over a period of time as outlined in the proposed agreement. ``(iv) Rule of construction.--Nothing in this paragraph shall be applied or construed to modify or affect the timeframes or factors involved in the Secretary's determination of whether to approve or license a drug under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act. ``(5) Special payment rules.-- ``(A) In general.--Except as otherwise provided in this paragraph, with respect to an individual who is administered a unit of a covered outpatient drug that is purchased under a State plan by a State Medicaid agency under a risk-sharing value-based payment agreement in an installment year, the State shall remain liable to the manufacturer of such drug for payment for such unit without regard to whether the individual remains enrolled in the State plan under this title (or a waiver of such plan) for each installment year for which the State is to make installment payments for covered outpatient drugs purchased under the agreement in such year. ``(B) Death.--In the case of an individual described in subparagraph (A) who dies during the period described in such subparagraph, the State plan shall not be liable for any remaining payment for the unit of the covered outpatient drug administered to the individual which is owed under the agreement described in such subparagraph. ``(C) Withdrawal of approval.--In the case of a covered outpatient drug that is the subject of a risk- sharing value-based agreement between a State and a manufacturer under this subsection, including a drug approved in accordance with section 506(c) of the Federal Food, Drug, and Cosmetic Act, and such drug is the subject of an application that has been withdrawn by the Secretary, the State plan shall not be liable for any remaining payment that is owed under the agreement. ``(D) Alternative arrangement under agreement.-- Subject to approval by the Secretary, the terms of a proposed risk-sharing value-based payment agreement submitted for approval by a State may provide that subparagraph (A) shall not apply. ``(E) Guidance.--Not later than January 1, 2022, the Secretary shall issue guidance to States establishing a process for States to notify the Secretary when an individual who is administered a unit of a covered outpatient drug that is purchased by a State plan under a risk-sharing value-based payment agreement ceases to be enrolled under the State plan under this title (or a waiver of such plan) or dies before the end of the installment period applicable to such unit under the agreement. ``(6) Treatment of payments under risk-sharing value-based agreements for purposes of average manufacturer price; best price.--The Secretary shall treat any payments made to the manufacturer of a covered outpatient drug under a risk-sharing value-based payment agreement under this subsection during a rebate period in the same manner that the Secretary treats payments made under a State supplemental rebate agreement under sections 447.504(c)(19) and 447.505(c)(7) of title 42, Code of Federal Regulations (or any successor regulations), for purposes of determining average manufacturer price and best price under this section with respect to the covered outpatient drug and a rebate period and for purposes of offsets required under subsection (b)(1)(B). ``(7) Assessments and report to congress.-- ``(A) Assessments.-- ``(i) In general.--Not later than 180 days after the end of each assessment period of any risk-sharing value-based payment agreement for a State approved under this subsection, the Secretary shall conduct an evaluation of such agreement which shall include an evaluation by the Chief Actuary to determine whether program spending under the risk-sharing value-based payment agreement aligned with the projections for the agreement made under paragraph (2)(A)(ii), including an assessment of whether actual Federal spending under this title under the agreement was less or more than net Federal spending would have been in the absence of the agreement. ``(ii) Assessment period.--For purposes of clause (i)-- ``(I) the first assessment period for a risk-sharing value-based payment agreement shall be the period of time over which payments are scheduled to be made under the agreement for the first 10 individuals who are administered covered outpatient drugs under the agreement except that such period shall not exceed the 5-year period after the date on which the Secretary approves the agreement; and ``(II) each subsequent assessment period for a risk-sharing value-based payment agreement shall be the 5-year period following the end of the previous assessment period. ``(B) Results of assessments.-- ``(i) Termination option.--If the Secretary determines as a result of the assessment by the Chief Actuary under subparagraph (A) that the actual Federal spending under this title for any covered outpatient drug that was the subject of the State's risk-sharing value-based payment agreement was greater than the net Federal spending that would have resulted in the absence of the agreement, the Secretary may terminate approval of such agreement and shall immediately conduct an assessment under this paragraph of any other ongoing risk-sharing value-based payment agreement to which the same manufacturer is a party. ``(ii) Repayment required.-- ``(I) In general.--If the Secretary determines as a result of the assessment by the Chief Actuary under subparagraph (A) that the Federal spending under the risk-sharing value- based agreement for a covered outpatient drug that was subject to such agreement was greater than the net Federal spending that would have resulted in the absence of the agreement, the manufacturer shall repay the difference to the State and Federal governments in a timely manner as determined by the Secretary. ``(II) Termination for failure to pay.--The failure of a manufacturer to make repayments required under subclause (I) in a timely manner shall result in immediate termination of all risk-sharing value-based agreements to which the manufacturer is a party. ``(III) Additional penalties.--In the case of a manufacturer that fails to make repayments required under subclause (I), the Secretary may treat such manufacturer in the same manner as a manufacturer that fails to pay required rebates under this section, and the Secretary may-- ``(aa) suspend or terminate the manufacturer's rebate agreement under this section; and ``(bb) pursue any other remedy that would be available if the manufacturer had failed to pay required rebates under this section. ``(C) Report to congress.--Not later than 5 years after the first risk-sharing value-based payment agreement is approved under this subsection, the Secretary shall submit to Congress and make available to the public a report that includes-- ``(i) an assessment of the impact of risk- sharing value-based payment agreements on access for individuals who are eligible for benefits under a State plan or waiver under this title to medically necessary covered outpatient drugs and related treatments; ``(ii) an analysis of the impact of such agreements on overall State and Federal spending under this title; ``(iii) an assessment of the impact of such agreements on drug prices, including launch price and price increases; and ``(iv) such recommendations to Congress as the Secretary deems appropriate. ``(8) Guidance and regulations.-- ``(A) In general.--Not later than January 1, 2022, the Secretary shall issue guidance to States seeking to enter into risk-sharing value-based payment agreements under this subsection that includes a model template for such agreements. The Secretary may issue any additional guidance or promulgate regulations as necessary to implement and enforce the provisions of this subsection. ``(B) Model agreements.-- ``(i) In general.--If a State expresses an interest in pursuing a risk-sharing value-based payment agreement under this subsection with a manufacturer for the purchase of a covered outpatient drug, the Secretary may share with such State any risk-sharing value-based agreement between a State and the manufacturer for the purchase of such drug that has been approved under this subsection. While such shared agreement may serve as a template for a State that wishes to propose, the use of a previously approved agreement shall not affect the submission and approval process for approval of a proposed risk-sharing value-based payment agreement under this subsection, including the requirements under paragraph (2)(A). ``(ii) Confidentiality.--In the case of a risk-sharing value-based payment agreement that is disclosed to a State by the Secretary under this subparagraph and that is only in effect with respect to a single State, the confidentiality of information provisions described in subsection (b)(3)(D) shall apply to such information. ``(C) OIG consultation.-- ``(i) In general.--The Secretary shall consult with the Office of the Inspector General of the Department of Health and Human Services to determine whether there are potential program integrity concerns with agreement approvals or templates and address accordingly. ``(ii) OIG policy updates as necessary.-- The Inspector General of the Department of Health and Human Services shall review and update, as necessary, any policies or guidelines of the Office of the Inspector General of the Department of Human Services (including policies related to the enforcement of section 1128B) to accommodate the use of risk-sharing value-based payment agreements in accordance with this section. ``(9) Rules of construction.-- ``(A) Modifications.--Nothing in this subsection or any regulations promulgated under this subsection shall prohibit a State from requesting a modification from the Secretary to the terms of a risk-sharing value- based payment agreement. A modification that is expected to result in any increase to projected net State or Federal spending under the agreement shall be subject to recertification by the Chief Actuary as described in paragraph (2)(A)(ii) before the modification may be approved. ``(B) Rebate agreements.--Nothing in this subsection shall be construed as requiring a State to enter into a risk-sharing value-based payment agreement or as limiting or superseding the ability of a State to enter into a supplemental rebate agreement for a covered outpatient drug. ``(C) FFP for payments under risk-sharing value- based payment agreements.--Federal financial participation shall be available under this title for any payment made by a State to a manufacturer for a covered outpatient drug under a risk-sharing value- based payment agreement in accordance with this subsection, except that no Federal financial participation shall be available for any payment made by a State to a manufacturer under such an agreement on and after the effective date of a disapproval of such agreement by the Secretary. ``(D) Continued application of other provisions.-- Except as expressly provided in this subsection, nothing in this subsection or in any regulations promulgated under this subsection shall affect the application of any other provision of this Act. ``(10) Appropriations.--For fiscal year 2022 and each fiscal year thereafter, there are appropriated to the Secretary $5,000,000 for the purpose of carrying out this subsection. ``(11) Definitions.--In this subsection: ``(A) Chief actuary.--The term `Chief Actuary' means the Chief Actuary of the Centers for Medicare & Medicaid Services. ``(B) Installment year.--The term `installment year' means, with respect to a risk-sharing value-based payment agreement, a 12-month period during which a covered outpatient drug is administered under the agreement. ``(C) Potentially curative treatment intended for one-time use.--The term `potentially curative treatment intended for one-time use' means a treatment that consists of the administration of a covered outpatient drug that-- ``(i) is a form of gene therapy for a rare disease, as defined by the Commissioner of Food and Drugs, designated under section 526 of the Federal Food, Drug, and Cosmetics Act, and approved under section 505 of such Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act to treat a serious or life-threatening disease or condition; ``(ii) if administered in accordance with the labeling of such drug, is expected to result in either-- ``(I) the cure of such disease or condition; or ``(II) a reduction in the symptoms of such disease or condition to the extent that such disease or condition is not expected to lead to early mortality; and ``(iii) is expected to achieve a result described in clause (ii), which may be achieved over an extended period of time, after not more than 3 administrations. ``(D) Relevant clinical parameter.--The term `relevant clinical parameter' means, with respect to a covered outpatient drug that is the subject of a risk- sharing value-based payment agreement-- ``(i) a clinical endpoint specified in the drug's labeling or supported by one or more of the compendia described in section 1861(t)(2)(B)(ii)(I) that-- ``(I) is able to be measured or evaluated on an annual basis for each year of the agreement on an independent basis by a provider or other entity; and ``(II) is required to be achieved (based on observed metrics in patient populations) under the terms of the agreement; or ``(ii) a surrogate endpoint (as defined in section 507(e)(9) of the Federal Food, Drug, and Cosmetic Act), including those developed by patient-focused drug development tools, that-- ``(I) is able to be measured or evaluated on an annual basis for each year of the agreement on an independent basis by a provider or other entity; and ``(II) has been qualified by the Food and Drug Administration. ``(E) Risk-sharing value-based payment agreement.-- The term `risk-sharing value-based payment agreement' means an agreement between a State plan and a manufacturer-- ``(i) for the purchase of a covered outpatient drug of the manufacturer that is a potentially curative treatment intended for one-time use; ``(ii) under which payment for such drug shall be made pursuant to an installment-based payment structure that meets the requirements of paragraph (3); ``(iii) which conditions payment on the achievement of at least 2 relevant clinical parameters (as defined in subparagraph (C)); ``(iv) which provides that-- ``(I) the State plan will directly reimburse the manufacturer for the drug; or ``(II) a third party will reimburse the manufacture in a manner approved by the Secretary; and ``(v) is approved by the Secretary in accordance with paragraph (2). ``(F) Total installment year amount.--The term `total installment year amount' means, with respect to a risk-sharing value-based payment agreement for the purchase of a covered outpatient drug and an installment year, an amount equal to the product of-- ``(i) the unit price of the drug charged under the agreement; and ``(ii) the number of units of such drug administered under the agreement during such installment year.''. (b) Conforming Amendments.-- (1) Section 1903(i)(10)(A) of the Social Security Act (42 U.S.C. 1396b(i)(10)(A)) is amended by striking ``or unless section 1927(a)(3) applies'' and inserting ``, section 1927(a)(3) applies with respect to such drugs, or such drugs are the subject of a risk-sharing value-based payment agreement under section 1927(l)''. (2) Section 1927(b) of the Social Security Act (42 U.S.C. 1396r-8(b)) is amended-- (A) in paragraph (1)(A), by inserting ``(except for drugs for which payment is made by a State under a risk-sharing value-based payment agreement under subsection (l))'' after ``under the State plan for such period''; and (B) in paragraph (3)-- (i) in subparagraph (C)(i), by inserting ``or subsection (l)(2)(A)'' after ``subparagraph (A)''; and (ii) in subparagraph (D), in the matter preceding clause (i), by inserting ``, under subsection (l)(2)(A),'' after ``under this paragraph''. SEC. 207. APPLYING MEDICAID DRUG REBATE REQUIREMENT TO DRUGS PROVIDED AS PART OF OUTPATIENT HOSPITAL SERVICES. (a) In General.--Section 1927(k)(3) of the Social Security Act (42 U.S.C. 1396r-8(k)(3)) is amended to read as follows: ``(3) Limiting definition.-- ``(A) In general.--The term `covered outpatient drug' does not include any drug, biological product, or insulin provided as part of, or as incident to and in the same setting as, any of the following (and for which payment may be made under this title as part of payment for the following and not as direct reimbursement for the drug): ``(i) Inpatient hospital services. ``(ii) Hospice services. ``(iii) Dental services, except that drugs for which the State plan authorizes direct reimbursement to the dispensing dentist are covered outpatient drugs. ``(iv) Physicians' services. ``(v) Outpatient hospital services. ``(vi) Nursing facility services and services provided by an intermediate care facility for the mentally retarded. ``(vii) Other laboratory and x-ray services. ``(viii) Renal dialysis. ``(B) Other exclusions.--Such term also does not include any such drug or product for which a National Drug Code number is not required by the Food and Drug Administration or a drug or biological used for a medical indication which is not a medically accepted indication. ``(C) State option.--At the option of a State, such term may include any drug, biological product, or insulin for which the State is the primary payer under this title or a demonstration project concerning this title, and that is provided on an outpatient basis as part of, or as incident to and in the same setting as, described in clause (iv) or (v) of subparagraph (A) and for which payment is made as part of payment for such services. ``(D) No effect on best price.--Any drug, biological product, or insulin excluded from the definition of such term as a result of this paragraph shall be treated as a covered outpatient drug for purposes of determining the best price (as defined in subsection (c)(1)(C)) for such drug, biological product, or insulin.''. (b) Effective Date; Implementation Guidance.-- (1) In general.--The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Implementation and guidance.--Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall issue guidance and relevant informational bulletins for States, manufacturers (as defined in section 1927(k)(5) of the Social Security Act (42 U.S.C. 1396r-8(k)(5))), and other relevant stakeholders, including health care providers, regarding implementation of the amendment made by subsection (a). TITLE III--FOOD AND DRUG ADMINISTRATION Subtitle A--Pay-for-Delay SEC. 301. UNLAWFUL AGREEMENTS. (a) Agreements Prohibited.--Subject to subsections (b) and (c), it shall be unlawful for an NDA or BLA holder and a subsequent filer (or for two subsequent filers) to enter into, or carry out, an agreement resolving or settling a covered patent infringement claim on a final or interim basis if under such agreement-- (1) a subsequent filer directly or indirectly receives from such holder (or in the case of such an agreement between two subsequent filers, the other subsequent filer) anything of value, including a license; and (2) the subsequent filer agrees to limit or forego research on, or development, manufacturing, marketing, or sales, for any period of time, of the covered product that is the subject of the application described in subparagraph (A) or (B) of subsection (g)(8). (b) Exclusion.--It shall not be unlawful under subsection (a) if a party to an agreement described in such subsection demonstrates by clear and convincing evidence that the value described in subsection (a)(1) is compensation solely for other goods or services that the subsequent filer has promised to provide. (c) Limitation.--Nothing in this section shall prohibit an agreement resolving or settling a covered patent infringement claim in which the consideration granted by the NDA or BLA holder to the subsequent filer (or from one subsequent filer to another) as part of the resolution or settlement includes only one or more of the following: (1) The right to market the covered product that is the subject of the application described in subparagraph (A) or (B) of subsection (g)(8) in the United States before the expiration of-- (A) any patent that is the basis of the covered patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such covered product. (2) A payment for reasonable litigation expenses not to exceed $7,500,000 in the aggregate. (3) A covenant not to sue on any claim that such covered product infringes a patent. (d) Enforcement by Federal Trade Commission.-- (1) General application.--The requirements of this section apply, according to their terms, to an NDA or BLA holder or subsequent filer that is-- (A) a person, partnership, or corporation over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); or (B) a person, partnership, or corporation over which the Commission would have authority pursuant to such section but for the fact that such person, partnership, or corporation is not organized to carry on business for its own profit or that of its members. (2) Unfair or deceptive acts or practices enforcement authority.-- (A) In general.--A violation of this section shall be treated as an unfair or deceptive act or practice in violation of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). (B) Powers of commission.--Except as provided in subparagraph (C) and paragraphs (1)(B) and (3)-- (i) the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section; and (ii) any NDA or BLA holder or subsequent filer that violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (C) Judicial review.--In the case of a cease and desist order issued by the Commission under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for violation of this section, a party to such order may obtain judicial review of such order as provided in such section 5, except that-- (i) such review may only be obtained in-- (I) the United States Court of Appeals for the District of Columbia Circuit; (II) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA or BLA holder (if any such holder is a party to such order) is incorporated as of the date that the application described in subparagraph (A) or (B) of subsection (g)(8) or an approved application that is deemed to be a license for a biological product under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 (Public Law 111-148; 124 Stat. 817) is submitted to the Commissioner of Food and Drugs; or (III) the United States Court of Appeals for the circuit in which the ultimate parent entity, as so defined, of any subsequent filer that is a party to such order is incorporated as of the date that the application described in subparagraph (A) or (B) of subsection (g)(8) is submitted to the Commissioner of Food and Drugs; and (ii) the petition for review shall be filed in the court not later than 30 days after such order is served on the party seeking review. (3) Additional enforcement authority.-- (A) Civil penalty.--The Commission may commence a civil action to recover a civil penalty in a district court of the United States against any NDA or BLA holder or subsequent filer that violates this section. (B) Special rule for recovery of penalty if cease and desist order issued.-- (i) In general.--If the Commission has issued a cease and desist order in a proceeding under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for violation of this section-- (I) the Commission may commence a civil action under subparagraph (A) to recover a civil penalty against any party to such order at any time before the expiration of the 1-year period beginning on the date on which such order becomes final under section 5(g) of such Act (15 U.S.C. 45(g)); and (II) in such civil action, the findings of the Commission as to the material facts in such proceeding shall be conclusive, unless-- (aa) the terms of such order expressly provide that the Commission's findings shall not be conclusive; or (bb) such order became final by reason of section 5(g)(1) of such Act (15 U.S.C. 45(g)(1)), in which case such findings shall be conclusive if supported by evidence. (ii) Relationship to penalty for violation of an order.--The penalty provided in clause (i) for violation of this section is separate from and in addition to any penalty that may be incurred for violation of an order of the Commission under section 5(l) of the Federal Trade Commission Act (15 U.S.C. 45(l)). (C) Amount of penalty.-- (i) In general.--The amount of a civil penalty imposed in a civil action under subparagraph (A) on a party to an agreement described in subsection (a) shall be sufficient to deter violations of this section, but in no event greater than-- (I) if such party is the NDA or BLA holder (or, in the case of an agreement between two subsequent filers, the subsequent filer who gave the value described in subsection (a)(1)), the greater of-- (aa) 3 times the value received by such NDA or BLA holder (or by such subsequent filer) that is reasonably attributable to the violation of this section; or (bb) 3 times the value given to the subsequent filer (or to the other subsequent filer) reasonably attributable to the violation of this section; and (II) if such party is the subsequent filer (or, in the case of an agreement between two subsequent filers, the subsequent filer who received the value described in subsection (a)(1)), 3 times the value received by such subsequent filer that is reasonably attributable to the violation of this section. (ii) Factors for consideration.--In determining such amount, the court shall take into account-- (I) the nature, circumstances, extent, and gravity of the violation; (II) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA or BLA holder (or, in the case of an agreement between two subsequent filers, the subsequent filer who gave the value described in subsection (a)(1)), compensation received by the subsequent filer (or, in the case of an agreement between two subsequent filers, the subsequent filer who received the value described in subsection (a)(1)), and the amount of commerce affected; and (III) other matters that justice requires. (D) Injunctions and other equitable relief.--In a civil action under subparagraph (A), the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (4) Remedies in addition.--Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. (5) Preservation of authority of commission.--Nothing in this section shall be construed to affect any authority of the Commission under any other provision of law. (e) Federal Trade Commission Rulemaking.--The Commission may, in its discretion, by rule promulgated under section 553 of title 5, United States Code, exempt from this section certain agreements described in subsection (a) if the Commission finds such agreements to be in furtherance of market competition and for the benefit of consumers. (f) Antitrust Laws.--Nothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), and of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of a subsequent filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (g) Definitions.--In this section: (1) Agreement resolving or settling a covered patent infringement claim.--The term ``agreement resolving or settling a covered patent infringement claim'' means any agreement that-- (A) resolves or settles a covered patent infringement claim; or (B) is contingent upon, provides for a contingent condition for, or is otherwise related to the resolution or settlement of a covered patent infringement claim. (2) Commission.--The term ``Commission'' means the Federal Trade Commission. (3) Covered patent infringement claim.--The term ``covered patent infringement claim'' means an allegation made by the NDA or BLA holder to a subsequent filer (or, in the case of an agreement between two subsequent filers, by one subsequent filer to another), whether or not included in a complaint filed with a court of law, that-- (A) the submission of the application described in subparagraph (A) or (B) of paragraph (9), or the manufacture, use, offering for sale, sale, or importation into the United States of a covered product that is the subject of such an application-- (i) in the case of an agreement between an NDA or BLA holder and a subsequent filer, infringes any patent owned by, or exclusively licensed to, the NDA or BLA holder of the covered product; or (ii) in the case of an agreement between two subsequent filers, infringes any patent owned by the subsequent filer; or (B) in the case of an agreement between an NDA or BLA holder and a subsequent filer, the covered product to be manufactured under such application uses a covered product as claimed in a published patent application. (4) Covered product.--The term ``covered product'' means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g))), including a biological product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i))). (5) NDA or bla holder.--The term ``NDA or BLA holder'' means-- (A) the holder of-- (i) an approved new drug application filed under section 505(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(1)) for a covered product; or (ii) a biologics license application filed under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)) with respect to a biological product; (B) a person owning or controlling enforcement of the patent on-- (i) the list published under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)) in connection with the application described in subparagraph (A)(i); or (ii) any list published under section 351 of the Public Health Service Act (42 U.S.C. 262) comprised of patents associated with biologics license applications filed under section 351(a) of such Act (42 U.S.C. 262(a)); or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any entity described in subparagraph (A) or (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (6) Patent.--The term ``patent'' means a patent issued by the United States Patent and Trademark Office. (7) Statutory exclusivity.--The term ``statutory exclusivity'' means those prohibitions on the submission or approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year exclusivity), clauses (ii) through (iv) of section 505(j)(5)(F) (5-year and 3-year exclusivity), section 505(j)(5)(B)(iv) (180-day exclusivity), section 527 (orphan drug exclusivity), section 505A (pediatric exclusivity), or section 505E (qualified infectious disease product exclusivity) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)(3)(E), 355(j)(5)(B)(iv), 355(j)(5)(F), 360cc, 355a, 355f), or prohibitions on the submission or licensing of biologics license applications under section 351(k)(6) (interchangeable biological product exclusivity) or section 351(k)(7) (biological product reference product exclusivity) of the Public Health Service Act (42 U.S.C. 262(k)(6), (7)). (8) Subsequent filer.--The term ``subsequent filer'' means-- (A) in the case of a drug, a party that owns or controls an abbreviated new drug application submitted pursuant to section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) or a new drug application submitted pursuant to section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2)) and filed under section 505(b)(1) of such Act (21 U.S.C. 355(b)(1)) or has the exclusive rights to distribute the covered product that is the subject of such application; or (B) in the case of a biological product, a party that owns or controls an application filed with the Food and Drug Administration under section 351(k) of the Public Health Service Act (42 U.S.C. 262(k)) or has the exclusive rights to distribute the biological product that is the subject of such application. (h) Effective Date.--This section applies with respect to agreements described in subsection (a) entered into on or after the date of the enactment of this Act. SEC. 302. NOTICE AND CERTIFICATION OF AGREEMENTS. (a) Notice of All Agreements.--Section 1111(7) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note) is amended by inserting ``or the owner of a patent for which a claim of infringement could reasonably be asserted against any person for making, using, offering to sell, selling, or importing into the United States a biological product that is the subject of a biosimilar biological product application'' before the period at the end. (b) Certification of Agreements.--Section 1112 of such Act (21 U.S.C. 355 note) is amended by adding at the end the following: ``(d) Certification.--The Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c) shall, within 30 days of such filing, execute and file with the Assistant Attorney General and the Commission a certification as follows:`I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification--' ` ```(1) represent the complete, final, and exclusive agreement between the parties; ```(2) include any ancillary agreements that are contingent upon, provide a contingent condition for, were entered into within 30 days of, or are otherwise related to, the referenced agreement; and ```(3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing.'''. SEC. 303. FORFEITURE OF 180-DAY EXCLUSIVITY PERIOD. Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(5)(D)(i)(V)) is amended by inserting ``section 301 of the Lower Costs, More Cures Act of 2021 or'' after ``that the agreement has violated''. SEC. 304. COMMISSION LITIGATION AUTHORITY. Section 16(a)(2) of the Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended-- (1) in subparagraph (D), by striking ``or'' after the semicolon; (2) in subparagraph (E), by moving the margin 2 ems to the left and inserting ``or'' after the semicolon; and (3) by inserting after subparagraph (E) the following: ``(F) under section 301(d)(3)(A) of the Lower Costs, More Cures Act of 2021;''. SEC. 305. STATUTE OF LIMITATIONS. (a) In General.--Except as provided in subsection (b), the Commission shall commence any administrative proceeding or civil action to enforce section 301 of this Act not later than 6 years after the date on which the parties to the agreement file the Notice of Agreement as provided by section 1112(c)(2) and (d) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (21 U.S.C. 355 note). (b) Civil Action After Issuance of Cease and Desist Order.--If the Commission has issued a cease and desist order under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for violation of section 301 of this Act and the proceeding for the issuance of such order was commenced within the period required by subsection (a) of this section, such subsection does not prohibit the commencement, after such period, of a civil action under section 301(d)(3)(A) against a party to such order or a civil action under subsection (l) of such section 5 for violation of such order. Subtitle B--Advancing Education on Biosimilars SEC. 321. EDUCATION ON BIOLOGICAL PRODUCTS. (a) Website; Continuing Education.--Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following: ``SEC. 352A. EDUCATION ON BIOLOGICAL PRODUCTS. ``(a) Internet Website.-- ``(1) In general.--The Secretary shall maintain and operate an internet website to provide educational materials for health care providers, patients, and caregivers, regarding the meaning of the terms, and the standards for review and licensing of, biological products, including biosimilar biological products and interchangeable biosimilar biological products. ``(2) Content.--Educational materials provided under paragraph (1) may include-- ``(A) explanations of key statutory and regulatory terms, including `biosimilar' and `interchangeable', and clarification regarding the use of interchangeable biosimilar biological products; ``(B) information related to development programs for biological products, including biosimilar biological products and interchangeable biosimilar biological products and relevant clinical considerations for prescribers, which may include, as appropriate and applicable, information related to the comparability of such biological products; ``(C) an explanation of the process for reporting adverse events for biological products, including biosimilar biological products and interchangeable biosimilar biological products; and ``(D) an explanation of the relationship between biosimilar biological products and interchangeable biosimilar biological products licensed under section 351(k) and reference products (as defined in section 351(i)), including the standards for review and licensing of each such type of biological product. ``(3) Format.--The educational materials provided under paragraph (1) may be-- ``(A) in formats such as webinars, continuing medical education modules, videos, fact sheets, infographics, stakeholder toolkits, or other formats as appropriate and applicable; and ``(B) tailored for the unique needs of health care providers, patients, caregivers, and other audiences, as the Secretary determines appropriate. ``(4) Other information.--In addition to the information described in paragraph (2), the Secretary shall continue to publish the following information: ``(A) The action package of each biological product licensed under subsection (a) or (k). ``(B) The summary review of each biological product licensed under subsection (a) or (k). ``(5) Confidential and trade secret information.--This subsection does not authorize the disclosure of any trade secret, confidential commercial or financial information, or other matter described in section 552(b) of title 5. ``(b) Continuing Education.--The Secretary shall advance education and awareness among health care providers regarding biological products, including biosimilar biological products and interchangeable biosimilar biological products, as appropriate, including by developing or improving continuing education programs that advance the education of such providers on the prescribing of, and relevant clinical considerations with respect to, biological products, including biosimilar biological products and interchangeable biosimilar biological products.''. (b) Application Under the Medicare Merit-Based Incentive Payment System.--Section 1848(q)(5)(C) of the Social Security Act (42 U.S.C. 1395w-4(q)(5)(C)) is amended by adding at the end the following new clause: ``(iv) Clinical medical education program on biosimilar biological products.--Completion of a clinical medical education program developed or improved under section 352A(b) of the Public Health Service Act by a MIPS eligible professional during a performance period shall earn such eligible professional one-half of the highest potential score for the performance category described in paragraph (2)(A)(iii) for such performance period. A MIPS eligible professional may only count the completion of such a program for purposes of such category one time during the eligible professional's lifetime.''. Subtitle C--Other Provisions SEC. 331. CLARIFYING THE MEANING OF NEW CHEMICAL ENTITY. Chapter V of the Federal Food, Drug, and Cosmetic Act is amended-- (1) in section 505 (21 U.S.C. 355)-- (A) in subsection (c)(3)(E)-- (i) in clause (ii), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; and (ii) in clause (iii), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; (B) in subsection (j)(5)(F)-- (i) in clause (ii), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; and (ii) in clause (iii), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; (C) in subsection (l)(2)(A)(i), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; (D) in subsection (s), in the matter preceding paragraph (1), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; and (E) in subsection (u)(1), in the matter preceding subparagraph (A)-- (i) by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; and (ii) by striking ``same active ingredient'' and inserting ``same active moiety''; (2) in section 512(c)(2)(F) (21 U.S.C. 360b(c)(2)(F))-- (A) in clause (i), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; (B) in clause (ii), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; and (C) in clause (v), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; (3) in section 524(a)(4)(C) (21 U.S.C. 360n(a)(4)(C)), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; (4) in section 529(a)(4)(A)(ii) (21 U.S.C. 360ff(a)(4)(A)(ii)), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''; and (5) in section 565A(a)(4)(D) (21 U.S.C. 360bbb- 4a(a)(4)(D)), by striking ``active ingredient (including any ester or salt of the active ingredient)'' and inserting ``active moiety (as defined by the Secretary in section 314.3 of title 21, Code of Federal Regulations (or any successor regulations))''. TITLE IV--REVENUE PROVISION SEC. 401. SAFE HARBOR FOR HIGH DEDUCTIBLE HEALTH PLANS WITHOUT DEDUCTIBLE FOR INSULIN. (a) In General.--Section 223(c)(2)(C) of the Internal Revenue Code of 1986 is amended by inserting ``or for insulin or any device for the delivery of insulin'' before the period at the end. (b) Effective Date.--The amendment made by this section shall apply to months beginning after the date of the enactment of this Act. TITLE V--MISCELLANEOUS SEC. 501. PAYMENT FOR BIOSIMILAR BIOLOGICAL PRODUCTS DURING INITIAL PERIOD. Section 1847A(c)(4) of the Social Security Act (42 U.S.C. 1395w- 3a(c)(4)) is amended-- (1) in each of subparagraphs (A) and (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii) and moving such clauses 2 ems to the right; (3) by striking ``unavailable.--In the case'' and inserting ``unavailable.-- ``(A) In general.--Subject to subparagraph (B), in the case''; and (4) by adding at the end the following new subparagraph: ``(B) Limitation on payment amount for biosimilar biological products during initial period.--In the case of a biosimilar biological product furnished on or after July 1, 2023, in lieu of applying subparagraph (A) during the initial period described in such subparagraph with respect to the biosimilar biological product, the amount payable under this section for the biosimilar biological product is the lesser of the following: ``(i) The amount determined under clause (ii) of such subparagraph for the biosimilar biological product. ``(ii) The amount determined under subsection (b)(1)(B) for the reference biological product.''. SEC. 502. GAO STUDY AND REPORT ON AVERAGE SALES PRICE. (a) Study.-- (1) In general.--The Comptroller General of the United States (in this section referred to as the ``Comptroller General'') shall conduct a study on spending for applicable drugs under part B of title XVIII of the Social Security Act. (2) Applicable drugs defined.--In this section, the term ``applicable drugs'' means drugs and biologicals-- (A) for which reimbursement under such part B is based on the average sales price of the drug or biological; and (B) that account for the largest percentage of total spending on drugs and biologicals under such part B (as determined by the Comptroller General, but in no case less than 25 drugs or biologicals). (3) Requirements.--The study under paragraph (1) shall include an analysis of the following: (A) The extent to which each applicable drug is paid for-- (i) under such part B for Medicare beneficiaries; or (ii) by private payers in the commercial market. (B) Any change in Medicare spending or Medicare beneficiary cost-sharing that would occur if the average sales price of an applicable drug was based solely on payments by private payers in the commercial market. (C) The extent to which drug manufacturers provide rebates, discounts, or other price concessions to private payers in the commercial market for applicable drugs, which the manufacturer includes in its average sales price calculation, for-- (i) formulary placement; (ii) utilization management considerations; or (iii) other purposes. (D) Barriers to drug manufacturers providing such price concessions for applicable drugs. (E) Other areas determined appropriate by the Comptroller General. (b) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Secretary determines appropriate. SEC. 503. REQUIRING PRESCRIPTION DRUG PLANS AND MA-PD PLANS TO REPORT POTENTIAL FRAUD, WASTE, AND ABUSE TO THE SECRETARY OF HHS. Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-104) is amended by adding at the end the following new subsection: ``(p) Reporting Potential Fraud, Waste, and Abuse.--Beginning January 1, 2022, the PDP sponsor of a prescription drug plan shall report to the Secretary, as specified by the Secretary-- ``(1) any substantiated or suspicious activities (as defined by the Secretary) with respect to the program under this part as it relates to fraud, waste, and abuse; and ``(2) any steps made by the PDP sponsor after identifying such activities to take corrective actions.''. SEC. 504. ESTABLISHMENT OF PHARMACY QUALITY MEASURES UNDER MEDICARE PART D. Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w- 104(c)) is amended by adding at the end the following new paragraph: ``(8) Application of pharmacy quality measures.-- ``(A) In general.--A PDP sponsor that implements incentive payments to a pharmacy or price concessions paid by a pharmacy based on quality measures shall use measures established or approved by the Secretary under subparagraph (B) with respect to payment for covered part D drugs dispensed by such pharmacy. ``(B) Standard pharmacy quality measures.--The Secretary shall establish or approve standard quality measures from a consensus and evidence-based organization for payments described in subparagraph (A). Such measures shall focus on patient health outcomes and be based on proven criteria measuring pharmacy performance. ``(C) Effective date.--The requirement under subparagraph (A) shall take effect for plan years beginning on or after January 1, 2023, or such earlier date specified by the Secretary if the Secretary determines there are sufficient measures established or approved under subparagraph (B) to meet the requirement under subparagraph (A).''. SEC. 505. IMPROVING COORDINATION BETWEEN THE FOOD AND DRUG ADMINISTRATION AND THE CENTERS FOR MEDICARE & MEDICAID SERVICES. (a) In General.-- (1) Public meeting.-- (A) In general.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall convene a public meeting for the purposes of discussing and providing input on improvements to coordination between the Food and Drug Administration and the Centers for Medicare & Medicaid Services in preparing for the availability of novel medical products described in subsection (c) on the market in the United States. (B) Attendees.--The public meeting shall include-- (i) representatives of relevant Federal agencies, including representatives from each of the medical product centers within the Food and Drug Administration and representatives from the coding, coverage, and payment offices within the Centers for Medicare & Medicaid Services; (ii) stakeholders with expertise in the research and development of novel medical products, including manufacturers of such products; (iii) representatives of commercial health insurance payers; (iv) stakeholders with expertise in the administration and use of novel medical products, including physicians; and (v) stakeholders representing patients and with expertise in the utilization of patient experience data in medical product development. (C) Topics.--The public meeting shall include a discussion of-- (i) the status of the drug and medical device development pipeline related to the availability of novel medical products; (ii) the anticipated expertise necessary to review the safety and effectiveness of such products at the Food and Drug Administration and current gaps in such expertise, if any; (iii) the expertise necessary to make coding, coverage, and payment decisions with respect to such products within the Centers for Medicare & Medicaid Services, and current gaps in such expertise, if any; (iv) trends in the differences in the data necessary to determine the safety and effectiveness of a novel medical product and the data necessary to determine whether a novel medical product meets the reasonable and necessary requirements for coverage and payment under title XVIII of the Social Security Act pursuant to section 1862(a)(1)(A) of such Act (42 U.S.C. 1395y(a)(1)(A)); (v) the availability of information for sponsors of such novel medical products to meet each of those requirements; and (vi) the coordination of information related to significant clinical improvement over existing therapies for patients between the Food and Drug Administration and the Centers for Medicare & Medicaid Services with respect to novel medical products. (D) Trade secrets and confidential information.--No information discussed as a part of the public meeting under this paragraph shall be construed as authorizing the Secretary to disclose any information that is a trade secret or confidential information subject to section 552(b)(4) of title 5, United States Code. (2) Improving transparency of criteria for medicare coverage.-- (A) Draft guidance.--Not later than 18 months after the public meeting under paragraph (1), the Secretary shall update the final guidance titled ``National Coverage Determinations with Data Collection as a Condition of Coverage: Coverage with Evidence Development'' to address any opportunities to improve the availability and coordination of information as described in clauses (iv) through (vi) of paragraph (1)(C). (B) Final guidance.--Not later than 12 months after issuing draft guidance under subparagraph (A), the Secretary shall finalize the updated guidance to address any such opportunities. (b) Report on Coding, Coverage, and Payment Processes Under Medicare for Novel Medical Products.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish a report on the internet website of the Department of Health and Human Services regarding processes under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) with respect to the coding, coverage, and payment of novel medical products described in subsection (c). Such report shall include the following: (1) A description of challenges in the coding, coverage, and payment processes under the Medicare program for novel medical products. (2) Recommendations to-- (A) incorporate patient experience data (such as the impact of a disease or condition on the lives of patients and patient treatment preferences) into the coverage and payment processes within the Centers for Medicare & Medicaid Services; (B) decrease the length of time to make national and local coverage determinations under the Medicare program (as those terms are defined in subparagraph (A) and (B), respectively, of section 1862(l)(6) of the Social Security Act (42 U.S.C. 1395y(l)(6))); (C) streamline the coverage process under the Medicare program and incorporate input from relevant stakeholders into such coverage determinations; and (D) identify potential mechanisms to incorporate novel payment designs similar to those in development in commercial insurance plans and State plans under title XIX of such Act (42 U.S.C. 1396 et seq.) into the Medicare program. (c) Novel Medical Products Described.--For purposes of this section, a novel medical product described in this subsection is a medical product, including a drug, biological (including gene and cell therapy), or medical device, that has been designated as a breakthrough therapy under section 506(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356(a)), a breakthrough device under section 515B of such Act (21 U.S.C. 360e-3), or a regenerative advanced therapy under section 506(g) of such Act (21 U.S.C. 356(g)). SEC. 506. PATIENT CONSULTATION IN MEDICARE NATIONAL AND LOCAL COVERAGE DETERMINATIONS IN ORDER TO MITIGATE BARRIERS TO INCLUSION OF SUCH PERSPECTIVES. Section 1862(l) of the Social Security Act (42 U.S.C. 1395y(l)) is amended by adding at the end the following new paragraph: ``(7) Patient consultation in national and local coverage determinations.--The Secretary may consult with patients and organizations representing patients in making national and local coverage determinations.''. SEC. 507. MEDPAC REPORT ON SHIFTING COVERAGE OF CERTAIN MEDICARE PART B DRUGS TO MEDICARE PART D. (a) Study.--The Medicare Payment Advisory Commission (in this section referred to as the ``Commission'') shall conduct a study on shifting coverage of certain drugs and biologicals for which payment is currently made under part B of title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) to part D of such title (42 U.S.C. 1395w-21 et seq.). Such study shall include an analysis of-- (1) differences in program structures and payment methods for drugs and biologicals covered under such parts B and D, including effects of such a shift on program spending, beneficiary cost-sharing liability, and utilization management techniques for such drugs and biologicals; and (2) the feasibility and policy implications of shifting coverage of drugs and biologicals for which payment is currently made under such part B to such part D. (b) Report.-- (1) In general.--Not later than June 30, 2023, the Commission shall submit to Congress a report containing the results of the study conducted under subsection (a). (2) Contents.--The report under paragraph (1) shall include information, and recommendations as the Commission deems appropriate, regarding-- (A) formulary design under such part D; (B) the ability of the benefit structure under such part D to control total spending on drugs and biologicals for which payment is currently made under such part B; (C) changes to the bid process under such part D, if any, that may be necessary to integrate coverage of such drugs and biologicals into such part D; (D) any other changes to the program that Congress should consider in determining whether to shift coverage of such drugs and biologicals from such part B to such part D; and (E) the feasibility and policy implications of creating a methodology to preserve the healthcare provider's ability to take title of the drug, including a methodology under which-- (i) prescription drug plans negotiate reimbursement rates and other arrangements with drug manufacturers on behalf of a wholesaler; (ii) wholesalers purchase the drugs from the manufacturers at the negotiated rate and ship them through distributors to physicians to administer to patients; (iii) physicians and hospitals purchase the drug from the wholesaler via the distributor; (iv) after administering the drug, the physician submits a claim to the MAC for their drug administration fee; (v) to be reimbursed for the purchase of the drug from the distributor, the physician furnishes the claim for the drug itself to the wholesaler and the wholesaler would refund the cost of the drug to the physician; and (vi) the wholesaler passes this claim to the PDP to receive reimbursement. SEC. 508. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE TRUTHFUL AND NON-MISLEADING PRICING INFORMATION. Part A of title XI of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1150C. REQUIREMENT THAT DIRECT-TO-CONSUMER ADVERTISEMENTS FOR PRESCRIPTION DRUGS AND BIOLOGICAL PRODUCTS INCLUDE TRUTHFUL AND NON-MISLEADING PRICING INFORMATION. ``(a) In General.--The Secretary shall require that each direct-to- consumer advertisement for a prescription drug or biological product for which payment is available under title XVIII or XIX includes an appropriate disclosure of truthful and non-misleading pricing information with respect to the drug or product. ``(b) Determination by CMS.--The Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, shall determine the components of the requirement under subsection (a), such as the forms of advertising, the manner of disclosure, the price point listing, and the price information for disclosure.''. SEC. 509. CHIEF PHARMACEUTICAL NEGOTIATOR AT THE OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE. (a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is amended-- (1) in subsection (b)(2)-- (A) by striking ``and one Chief Innovation and Intellectual Property Negotiator'' and inserting ``one Chief Innovation and Intellectual Property Negotiator, and one Chief Pharmaceutical Negotiator''; (B) by striking ``or the Chief Innovation and Intellectual Property Negotiator'' and inserting ``the Chief Innovation and Intellectual Property Negotiator, or the Chief Pharmaceutical Negotiator''; and (C) by striking ``and the Chief Innovation and Intellectual Property Negotiator'' and inserting ``the Chief Innovation and Intellectual Property Negotiator, and the Chief Pharmaceutical Negotiator''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(7) The principal function of the Chief Pharmaceutical Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States pharmaceutical products and services. The Chief Pharmaceutical Negotiator shall be a vigorous advocate on behalf of United States pharmaceutical interests. The Chief Pharmaceutical Negotiator shall perform such other functions as the United States Trade Representative may direct.''. (b) Compensation.--Section 5314 of title 5, United States Code, is amended by striking ``Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative.'' and inserting the following: ``Chief Innovation and Intellectual Property Negotiator, Office of the United States Trade Representative. ``Chief Pharmaceutical Negotiator, Office of the United States Trade Representative.''. (c) Report Required.--Not later than the date that is one year after the appointment of the first Chief Pharmaceutical Negotiator pursuant to paragraph (2) of section 141(b) of the Trade Act of 1974, as amended by subsection (a), and annually thereafter, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing in detail-- (1) enforcement actions taken by the United States Trade Representative during the one-year period preceding the submission of the report to ensure the protection of United States pharmaceutical products and services; and (2) other actions taken by the United States Trade Representative to advance United States pharmaceutical products and services. all
H.R. 1 (Engrossed in House) - For the People Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr1eh/html/BILLS-117hr1eh.htm	DOC 117th CONGRESS 1st Session H. R. 1 _______________________________________________________________________ AN ACT To expand Americans' access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``For the People Act of 2021''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into divisions as follows: (1) Division A--Voting. (2) Division B--Campaign Finance. (3) Division C--Ethics. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. DIVISION A--VOTING TITLE I--ELECTION ACCESS Sec. 1000. Short title; statement of policy. Subtitle A--Voter Registration Modernization Sec. 1000A. Short title. Part 1--Promoting Internet Registration Sec. 1001. Requiring availability of internet for voter registration. Sec. 1002. Use of internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 1006. Report on data collection. Sec. 1007. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1008. Effective date. Part 2--Automatic Voter Registration Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. Part 3--Same Day Voter Registration Sec. 1031. Same day registration. Part 4--Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. Part 5--Other Initiatives To Promote Voter Registration Sec. 1051. Annual reports on voter registration statistics. Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities. Sec. 1055. Permission to place exhibits. Sec. 1056. Requiring States to establish and operate voter privacy programs. Sec. 1057. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Part 6--Availability of HAVA Requirements Payments Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Part 7--Prohibiting Interference With Voter Registration Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 1072. Establishment of best practices. Part 8--Voter Registration Efficiency Act Sec. 1081. Short title. Sec. 1082. Requiring applicants for motor vehicle driver's licenses in new state to indicate whether state serves as residence for voter registration purposes. Part 9--Providing Voter Registration Information to Secondary School Students Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation. Sec. 1092. Reports. Sec. 1093. Authorization of appropriations. Part 10--Voter Registration of Minors Sec. 1094. Acceptance of voter registration applications from individuals under 18 years of age. Subtitle B--Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1103. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1104. GAO analysis and report on voting access for individuals with disabilities. Subtitle C--Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D--Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E--Democracy Restoration Sec. 1401. Short title. Sec. 1402. Findings. Sec. 1403. Rights of citizens. Sec. 1404. Enforcement. Sec. 1405. Notification of restoration of voting rights. Sec. 1406. Definitions. Sec. 1407. Relation to other laws. Sec. 1408. Federal prison funds. Sec. 1409. Effective date. Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Study and report on optimal ballot design. Sec. 1506. Paper ballot printing requirements. Sec. 1507. Effective date for new requirements. Subtitle G--Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Subtitle H--Early Voting Sec. 1611. Early voting. Subtitle I--Voting by Mail Sec. 1621. Voting by mail. Sec. 1622. Absentee ballot tracking program. Sec. 1623. Voting materials postage. Sec. 1624. Study and report on vote-by-mail procedures. Subtitle J--Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 1707. Department of Justice report on voter disenfranchisement. Sec. 1708. Effective date. Subtitle K--Poll Worker Recruitment and Training Sec. 1801. Grants to States for poll worker recruitment and training. Sec. 1802. State defined. Subtitle L--Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M--Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election administration officials. Subtitle N--Promoting Voter Access Through Election Administration Improvements Part 1--Promoting Voter Access Sec. 1901. Treatment of institutions of higher education. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1904. Accommodations for voters residing in Indian lands. Sec. 1905. Voter information response systems and hotline. Sec. 1906. Ensuring equitable and efficient operation of polling places. Sec. 1907. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 1908. Prohibiting States from restricting curbside voting. Sec. 1909. Election Day as legal public holiday. Sec. 1910. GAO study on voter turnout rates. Sec. 1910A. Study on ranked-choice voting. Part 2--Disaster and Emergency Contingency Plans Sec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Part 3--Improvements in Operation of Election Assistance Commission Sec. 1921. Reauthorization of Election Assistance Commission. Sec. 1922. Requiring States to participate in post-general election surveys. Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1924. Recommendations to improve operations of Election Assistance Commission. Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 4--Miscellaneous Provisions Sec. 1931. Application of Federal election administration laws to territories of the United States. Sec. 1932. Definition of election for Federal office. Sec. 1933. Authorizing payments to voting accessibility protection and advocacy systems serving the American Indian Consortium. Sec. 1934. Application of Federal voter protection laws to territories of the United States. Sec. 1935. Placement of statues of citizens of territories of the United States in Statuary Hall. Sec. 1936. No effect on other laws. Sec. 1937. Clarification of Exemption for States Without Voter Registration. Part 5--Voter Notice Sec. 1941. Short title. Sec. 1942. Public education campaigns in event of changes in elections in response to emergencies. Sec. 1943. Requirements for websites of election officials. Sec. 1944. Payments by Election Assistance Commission to States for costs of compliance. Subtitle O--Severability Sec. 1951. Severability. TITLE II--ELECTION INTEGRITY Subtitle A--Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B--Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C--Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D--Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States. Subtitle E--Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. Part 1--Requirements for Congressional Redistricting Sec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission. Sec. 2402. Ban on mid-decade redistricting. Sec. 2403. Criteria for redistricting. Part 2--Independent Redistricting Commissions Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2413. Public notice and input. Sec. 2414. Establishment of related entities. Sec. 2415. Report on diversity of memberships of independent redistricting commissions. Part 3--Role of Courts in Development of Redistricting Plans Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. Part 4--Administrative and Miscellaneous Provisions Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. Part 5--Requirements for Redistricting Carried Out Pursuant to 2020 Census subpart a--application of certain requirements for redistricting carried out pursuant to 2020 census Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. Sec. 2442. Triggering events. subpart b--independent redistricting commissions for redistricting carried out pursuant to 2020 census Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2453. Criteria for redistricting plan; public notice and input. Sec. 2454. Establishment of related entities. Sec. 2455. Report on diversity of memberships of independent redistricting commissions. Subtitle F--Saving Eligible Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G--No Effect on Authority of States To Provide Greater Opportunities for Voting Sec. 2601. No effect on authority of States to provide greater opportunities for voting. Subtitle H--Residence of Incarcerated Individuals Sec. 2701. Residence of incarcerated individuals. Subtitle I--Findings Relating to Youth Voting Sec. 2801. Findings relating to youth voting. Subtitle J--Severability Sec. 2901. Severability. TITLE III--ELECTION SECURITY Sec. 3000. Short title; sense of Congress. Subtitle A--Financial Support for Election Infrastructure Part 1--Voting System Security Improvement Grants Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. Part 2--Grants for Risk-Limiting Audits of Results of Elections Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. Part 3--Election Infrastructure Innovation Grant Program Sec. 3021. Election infrastructure innovation grant program. Subtitle B--Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Sec. 3106. Pre-election threat assessments. Subtitle C--Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institutions. Subtitle D--Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of coordinated political party expenditures. Subtitle E--Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Subtitle F--Election Security Grants Advisory Committee Sec. 3501. Establishment of advisory committee. Subtitle G--Miscellaneous Provisions Sec. 3601. Definitions. Sec. 3602. Initial report on adequacy of resources available for implementation. Subtitle H--Use of Voting Machines Manufactured in the United States Sec. 3701. Use of voting machines manufactured in the United States. Subtitle I--Study and Report on Bots Sec. 3801. Short title. Sec. 3802. Task Force. Sec. 3803. Study and Report. Subtitle J--Severability Sec. 3901. Severability. DIVISION B--CAMPAIGN FINANCE TITLE IV--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--Establishing Duty To Report Foreign Election Interference Sec. 4001. Findings relating to illicit money undermining our democracy. Sec. 4002. Federal campaign reporting of foreign contacts. Sec. 4003. Federal campaign foreign contact reporting compliance system. Sec. 4004. Criminal penalties. Sec. 4005. Report to congressional intelligence committees. Sec. 4006. Rule of construction. Subtitle B--DISCLOSE Act Sec. 4100. Short title. Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities. Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 4103. Audit and report on illicit foreign money in Federal elections. Sec. 4104. Prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda. Sec. 4105. Disbursements and activities subject to foreign money ban. Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. Part 2--Reporting of Campaign-Related Disbursements Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 4113. Effective date. Part 3--Other Administrative Reforms Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Part 4--Disclosure of Contributions to Political Committees Immediately Prior to Election Sec. 4131. Disclosure of contributions to political committees immediately prior to election. Subtitle C--Strengthening Oversight of Online Political Advertising Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 4210. Independent study on media literacy and online political content consumption. Sec. 4211. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle D--Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand by every ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 4305. Effective date. Subtitle E--Deterring Foreign Interference in Elections Part 1--Deterrence Under Federal Election Campaign Act of 1971 Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests. Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. Sec. 4404. Clarification of application of foreign money ban. Part 2--Notifying States of Disinformation Campaigns by Foreign Nationals Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. Part 3--Prohibiting Use of Deepfakes in Election Campaigns Sec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election. Part 4--Assessment of Exemption of Registration Requirements Under FARA for Registered Lobbyists Sec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists. Subtitle F--Secret Money Transparency Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Sec. 4502. Repeal of regulations. Subtitle G--Shareholder Right-to-Know Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity. Sec. 4602. Assessment of shareholder preferences for disbursements for political purposes. Sec. 4603. Governance and operations of corporate PACs. Subtitle H--Disclosure of Political Spending by Government Contractors Sec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle I--Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4801. Short title. Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. Subtitle J--Miscellaneous Provisions Sec. 4901. Effective dates of provisions. Sec. 4902. Severability. TITLE V--CAMPAIGN FINANCE EMPOWERMENT Subtitle A--Findings Relating to Citizens United Decision Sec. 5001. Findings relating to Citizens United decision. Subtitle B--Congressional Elections Sec. 5100. Short title. Part 1--My Voice Voucher Pilot Program Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. Part 2--Small Dollar Financing of Congressional Election Campaigns Sec. 5111. Benefits and eligibility requirements for candidates. ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ``Subtitle A--Benefits ``Sec. 501. Benefits for participating candidates. ``Sec. 502. Procedures for making payments. ``Sec. 503. Use of funds. ``Sec. 504. Qualified small dollar contributions described. ``Subtitle B--Eligibility and Certification ``Sec. 511. Eligibility. ``Sec. 512. Qualifying requirements. ``Sec. 513. Certification. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``Sec. 521. Contribution and expenditure requirements. ``Sec. 522. Administration of campaign. ``Sec. 523. Preventing unnecessary spending of public funds. ``Sec. 524. Remitting unspent funds after election. ``Subtitle D--Enhanced Match Support ``Sec. 531. Enhanced support for general election. ``Sec. 532. Eligibility. ``Sec. 533. Amount. ``Sec. 534. Waiver of authority to retain portion of unspent funds after election. ``Subtitle E--Administrative Provisions ``Sec. 541. Freedom From Influence Fund. ``Sec. 542. Reviews and reports by Government Accountability Office. ``Sec. 543. Administration by Commission. ``Sec. 544. Violations and penalties. ``Sec. 545. Appeals process. ``Sec. 546. Indexing of amounts. ``Sec. 547. Election cycle defined. Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 5114. Assessments against fines and penalties. Sec. 5115. Study and report on small dollar financing program. Sec. 5116. Effective date. Subtitle C--Presidential Elections Sec. 5200. Short title. Part 1--Primary Elections Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. Sec. 5207. Use of Freedom From Influence Fund as source of payments. Part 2--General Elections Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and accounting compliance. Sec. 5218. Use of Freedom From Influence Fund as source of payments. Part 3--Effective Date Sec. 5221. Effective date. Subtitle D--Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings; purpose. Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle E--Empowering Small Dollar Donations Sec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle F--Severability Sec. 5501. Severability. TITLE VI--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Restoring Integrity to America's Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Restrictions on ex parte communications. Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 6009. Requiring forms to permit use of accent marks. Sec. 6010. Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971. Sec. 6011. Effective date; transition. Subtitle B--Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle C--Disposal of Contributions or Donations Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations. Sec. 6202. 1-year transition period for certain individuals. Subtitle D--Recommendations to Ensure Filing of Reports Before Date of Election Sec. 6301. Recommendations to ensure filing of reports before date of election. Subtitle E--Severability Sec. 6401. Severability. DIVISION C--ETHICS TITLE VII--ETHICAL STANDARDS Subtitle A--Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B--Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders. Sec. 7104. Ensuring online access to registration statements. Sec. 7105. Disclaimer requirements for materials posted on online platforms by agents of foreign principals on behalf of clients. Sec. 7106. Clarification of treatment of individuals who engage with the United States in political activities for a foreign principal in any place as agents of foreign principals. Sec. 7107. Analysis and report on challenges to enforcement of Foreign Agents Registration Act of 1938. Subtitle C--Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995. Sec. 7202. Prohibiting receipt of compensation for lobbying activities on behalf of foreign countries violating human rights. Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts. Subtitle D--Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E--Clearinghouse on Lobbying Information Sec. 7401. Establishment of clearinghouse. Subtitle F--Severability Sec. 7501. Severability. TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES Subtitle A--Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing the revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from government contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. Sec. 8006. Guidance on unpaid employees. Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees. Subtitle B--Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. Sec. 8014. Contracts by the President or Vice President. Sec. 8015. Legal defense funds. Subtitle C--White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. Subtitle D--Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency ethics officials training and duties. Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations. Sec. 8037. Reports on cost of Presidential travel. Sec. 8038. Reports on cost of senior Federal official travel. Subtitle E--Conflicts From Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F--Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G--Ethics Pledge For Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H--Travel on Private Aircraft by Senior Political Appointees Sec. 8071. Short title. Sec. 8072. Prohibition on use of funds for travel on private aircraft. Subtitle I--Severability Sec. 8081. Severability. TITLE IX--CONGRESSIONAL ETHICS REFORM Subtitle A--Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B--Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C--Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D--Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E--Reports on Outside Compensation Earned by Congressional Employees Sec. 9401. Reports on outside compensation earned by congressional employees. Subtitle F--Severability Sec. 9501. Severability. TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 10001. Presidential and Vice Presidential tax transparency. SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY. Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation's democratic process. Congress enacts the ``For the People Act of 2021'' pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the ``substantive scope'' of the Elections Clause is ``broad''; that ``Times, Places, and Manner'' are ``comprehensive words which embrace authority to provide for a complete code for congressional elections''; and ``he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith''. Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and citations omitted). Indeed, ``Congress has plenary and paramount jurisdiction over the whole subject'' of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power ``may be exercised as and when Congress sees fit'', and ``so far as it extends and conflicts with the regulations of the State, necessarily supersedes them''. Id. At 384. Among other things, Congress finds that the Elections Clause was intended to ``vindicate the people's right to equality of representation in the House''. Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause, 588 U.S. ____, 32-33 (2019). (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: ``The United States shall guarantee to every State in this Union a Republican Form of Government''. Congress finds that its authority and responsibility to enforce the Guarantee Clause is particularly strong given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. (3)(A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is ``of the most fundamental significance under our constitutional structure''. Ill. Bd. of Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); see United States v. Classic, 313 U.S. 299 (1941) (``Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted . . .''). As the Supreme Court has repeatedly affirmed, the right to vote is ``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State's representation in Congress when the right to vote is abridged or denied. (C) As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments. (D) Congress also finds that ``the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. (4)(A) Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude. (B) Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts. (D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2020, according to the Sentencing Project, an estimated 5,200,000 Americans could not vote due to a felony conviction. One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non- African Americans. In seven States-Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming-more than one in seven African Americans is disenfranchised, twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination. (5)(A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. (B) Congress finds that electoral practices including voting rights restoration conditions for people with convictions, voter identification requirements, and other restrictions to the franchise burden voters on account of their ability to pay. (C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age. SEC. 4. STANDARDS FOR JUDICIAL REVIEW. (a) In General.--For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such a writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress.--In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. DIVISION A--VOTING TITLE I--ELECTION ACCESS Sec. 1000. Short title; statement of policy. Subtitle A--Voter Registration Modernization Sec. 1000A. Short title. Part 1--Promoting Internet Registration Sec. 1001. Requiring availability of internet for voter registration. Sec. 1002. Use of internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 1006. Report on data collection. Sec. 1007. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1008. Effective date. Part 2--Automatic Voter Registration Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. Part 3--Same Day Voter Registration Sec. 1031. Same day registration. Part 4--Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. Part 5--Other Initiatives To Promote Voter Registration Sec. 1051. Annual reports on voter registration statistics. Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities. Sec. 1055. Permission to place exhibits. Sec. 1056. Requiring States to establish and operate voter privacy programs. Sec. 1057. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Part 6--Availability of HAVA Requirements Payments Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Part 7--Prohibiting Interference With Voter Registration Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 1072. Establishment of best practices. Part 8--Voter Registration Efficiency Act Sec. 1081. Short title. Sec. 1082. Requiring applicants for motor vehicle driver's licenses in new state to indicate whether state serves as residence for voter registration purposes. Part 9--Providing Voter Registration Information to Secondary School Students Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation. Sec. 1092. Reports. Sec. 1093. Authorization of appropriations. Part 10--Voter Registration of Minors Sec. 1094. Acceptance of voter registration applications from individuals under 18 years of age. Subtitle B--Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1103. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1104. GAO analysis and report on voting access for individuals with disabilities. Subtitle C--Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D--Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E--Democracy Restoration Sec. 1401. Short title. Sec. 1402. Findings. Sec. 1403. Rights of citizens. Sec. 1404. Enforcement. Sec. 1405. Notification of restoration of voting rights. Sec. 1406. Definitions. Sec. 1407. Relation to other laws. Sec. 1408. Federal prison funds. Sec. 1409. Effective date. Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Study and report on optimal ballot design. Sec. 1506. Paper ballot printing requirements. Sec. 1507. Effective date for new requirements. Subtitle G--Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Subtitle H--Early Voting Sec. 1611. Early voting. Subtitle I--Voting by Mail Sec. 1621. Voting by mail. Sec. 1622. Absentee ballot tracking program. Sec. 1623. Voting materials postage. Sec. 1624. Study and report on vote-by-mail procedures. Subtitle J--Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 1707. Department of Justice report on voter disenfranchisement. Sec. 1708. Effective date. Subtitle K--Poll Worker Recruitment and Training Sec. 1801. Grants to States for poll worker recruitment and training. Sec. 1802. State defined. Subtitle L--Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M--Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election administration officials. Subtitle N--Promoting Voter Access Through Election Administration Improvements Part 1--Promoting Voter Access Sec. 1901. Treatment of institutions of higher education. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1904. Accommodations for voters residing in Indian lands. Sec. 1905. Voter information response systems and hotline. Sec. 1906. Ensuring equitable and efficient operation of polling places. Sec. 1907. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 1908. Prohibiting States from restricting curbside voting. Sec. 1909. Election Day as legal public holiday. Sec. 1910. GAO study on voter turnout rates. Sec. 1910A. Study on ranked-choice voting. Part 2--Disaster and Emergency Contingency Plans Sec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Part 3--Improvements in Operation of Election Assistance Commission Sec. 1921. Reauthorization of Election Assistance Commission. Sec. 1922. Requiring States to participate in post-general election surveys. Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1924. Recommendations to improve operations of Election Assistance Commission. Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 4--Miscellaneous Provisions Sec. 1931. Application of Federal election administration laws to territories of the United States. Sec. 1932. Definition of election for Federal office. Sec. 1933. Authorizing payments to voting accessibility protection and advocacy systems serving the American Indian Consortium. Sec. 1934. Application of Federal voter protection laws to territories of the United States. Sec. 1935. Placement of statues of citizens of territories of the United States in Statuary Hall. Sec. 1936. No effect on other laws. Sec. 1937. Clarification of Exemption for States Without Voter Registration. Part 5--Voter Notice Sec. 1941. Short title. Sec. 1942. Public education campaigns in event of changes in elections in response to emergencies. Sec. 1943. Requirements for websites of election officials. Sec. 1944. Payments by Election Assistance Commission to States for costs of compliance. Subtitle O--Severability Sec. 1951. Severability. SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. (a) Short Title.--This title may be cited as the ``Voter Empowerment Act of 2021''. (b) Statement of Policy.--It is the policy of the United States that-- (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States. Subtitle A--Voter Registration Modernization SEC. 1000A. SHORT TITLE. This subtitle may be cited as the ``Voter Registration Modernization Act of 2021''. PART 1--PROMOTING INTERNET REGISTRATION SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: ``SEC. 6A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): ``(1) Online application for voter registration. ``(2) Online assistance to applicants in applying to register to vote. ``(3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c)). ``(4) Online receipt of completed voter registration applications. ``(b) Acceptance of Completed Applications.--A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if-- ``(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and ``(2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). ``(c) Signature Requirements.-- ``(1) In general.--For purposes of this section, an individual meets the requirements of this subsection as follows: ``(A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. ``(B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means. ``(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. ``(2) Treatment of individuals unable to meet requirement.--If an individual is unable to meet the requirements of paragraph (1), the State shall-- ``(A) permit the individual to complete all other elements of the online voter registration application; ``(B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and ``(C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State. ``(3) Notice.--The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). ``(d) Confirmation and Disposition.-- ``(1) Confirmation of receipt.--Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the application and providing instructions on how the individual may check the status of the application. ``(2) Notice of disposition.--Not later than 7 days after the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. ``(3) Method of notification.--The appropriate State or local election official shall send the notices required under this subsection by regular mail and-- ``(A) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and ``(B) at the option of the individual, by text message. ``(e) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(f) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). ``(g) Accessibility of Services.--A state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. ``(h) Use of Additional Telephone-Based System.--A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section. ``(i) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.''. (b) Special Requirements for Individuals Using Online Registration.-- (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements.-- Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by mail or online under section 6A of the National Voter Registration Act of 1993''. (2) Requiring signature for first-time voters in jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b)) is amended-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Signature requirements for first-time voters using online registration.-- ``(A) In general.--A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if-- ``(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and ``(ii) the individual has not previously voted in an election for Federal office in the State. ``(B) Requirements.--An individual meets the requirements of this subparagraph if-- ``(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or ``(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. ``(C) Inapplicability.--Subparagraph (A) does not apply in the case of an individual who is-- ``(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302 et seq.); ``(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or ``(iii) entitled to vote otherwise than in person under any other Federal law.''. (3) Conforming amendment relating to effective date.-- Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking ``Each State'' and inserting ``Except as provided in subsection (b)(5), each State''. (c) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) In General.-- (1) Updates to information contained on computerized statewide voter registration list.--Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if the updated registration information affects the voter's eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. ``(C) Confirmation and disposition.-- ``(i) Confirmation of receipt.--Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the updated information and providing instructions on how the individual may check the status of the update. ``(ii) Notice of disposition.--Not later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. ``(iii) Method of notification.--The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and-- ``(I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and ``(II) at the option of the individual, by text message.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Ability of Registrant To Use Online Update To Provide Information on Residence.--Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) shall include a space for the applicant to provide (at the applicant's option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.''. (2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (52 U.S.C. 20508) is amended by adding at the end the following new subsection: ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes.--The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.''. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: ``(A) The name and address of the polling place at which the individual is assigned to vote in the election. ``(B) The hours of operation for the polling place. ``(C) A description of any identification or other information the individual may be required to present at the polling place.''. SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if-- ``(1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and ``(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.''. SEC. 1005. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER. (a) Form Included With Application for Motor Vehicle Driver's License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number;''. (b) National Mail Voter Registration Form.--Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number;''. SEC. 1006. REPORT ON DATA COLLECTION. Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems. SEC. 1007. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS APPLICATION FOR ABSENTEE BALLOT. Section 5(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State.''. SEC. 1008. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1004) shall take effect January 1, 2022. (b) Waiver.--Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2022'' were a reference to ``January 1, 2024''. PART 2--AUTOMATIC VOTER REGISTRATION SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE. (a) Short Title.--This part may be cited as the ``Automatic Voter Registration Act of 2021''. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security. (2) Purpose.--It is the purpose of this part-- (A) to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State and Federal Governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS. (a) Requiring States To Establish and Operate Automatic Registration System.-- (1) In general.--The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this part. (2) Definition.--The term ``automatic registration'' means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections. (b) Registration of Voters Based on New Agency Records.--The chief State election official shall-- (1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 1013, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and (2) not later than 120 days after a contributing agency has transmitted such information with respect to the individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual's voter registration status. (c) One-Time Registration of Voters Based on Existing Contributing Agency Records.--The chief State election official shall-- (1) identify all individuals whose information is transmitted by a contributing agency pursuant to section 1014 and who are eligible to be, but are not currently, registered to vote in that State; (2) promptly send each such individual written notice, in addition to other means of notice established by this part, which shall not identify the contributing agency that transmitted the information but shall include-- (A) an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote; (B) a statement offering the opportunity to decline voter registration through means consistent with the requirements of this part; (C) in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this part; (D) the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications; (E) instructions for correcting any erroneous information; (F) instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993; and (G) an explanation of what information the State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and what privacy programs are available, such as those described in section 1056; (3) ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the internet, or by an officially logged telephone communication; and (4) send written notice to each such individual, in addition to other means of notice established by this part, of the individual's voter registration status. (d) Treatment of Individuals Under 18 Years of Age.--A State may not refuse to treat an individual as an eligible individual for purposes of this part on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (e) Contributing Agency Defined.--In this part, the term ``contributing agency'' means, with respect to a State, an agency listed in section 1013(e). SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION. (a) In General.--In accordance with this part, each contributing agency in a State shall assist the State's chief election official in registering to vote all eligible individuals served by that agency. (b) Requirements for Contributing Agencies.-- (1) Instructions on automatic registration.--With each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen of the United States of the following: (A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual's registration will be updated. (B) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. (C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (D) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (2) Opportunity to decline registration required.--Except as otherwise provided in this section, each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address cannot be completed until the individual is given the opportunity to decline to be registered to vote. (3) Information transmittal.--Upon the expiration of the 30-day period which begins on the date a contributing agency as described in paragraph (1) informs an individual of the information described in such paragraph, unless the individual has declined to be registered to vote or informs the agency that they are already registered to vote, each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following information: (A) The individual's given name(s) and surname(s). (B) The individual's date of birth. (C) The individual's residential address. (D) Information showing that the individual is a citizen of the United States. (E) The date on which information pertaining to that individual was collected or last updated. (F) If available, the individual's signature in electronic form. (G) Except in the case in which the contributing agency is a covered institution of higher education, in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, information regarding the individual's affiliation or enrollment with a political party, but only if the individual provides such information. (H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information. (c) Alternate Procedure for Certain Contributing Agencies.--With each application for service or assistance, and with each related recertification, renewal, or change of address, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall-- (1) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6)); (2) ensure that each applicant's transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (3) for each individual who wishes to register to vote, transmit that individual's information in accordance with subsection (b)(3). (d) Required Availability of Automatic Registration Opportunity With Each Application for Service or Assistance.--Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (e) Contributing Agencies.-- (1) State agencies.--In each State, each of the following agencies shall be treated as a contributing agency: (A) Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993. (B) Each agency in a State that administers a program pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111- 148). (C) Each State agency primarily responsible for regulating the private possession of firearms. (D) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). (E) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (F) Any other agency of the State which is designated by the State as a contributing agency. (2) Federal agencies.--In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)): (A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services. (B) The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process. (C) In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof. (D) Any other agency of the Federal Government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section. (3) Publication.--Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State. (4) Public education.--The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section. (f) Institutions of Higher Education.-- (1) In general.--Each covered institution of higher education shall be treated as a contributing agency in the State in which the institution is located with respect to in- State students. (2) Procedures.-- (A) In general.--Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the 'Family Educational Rights and Privacy Act of 1974'') or any other provision of law, each covered institution of higher education shall comply with the requirements of subsection (b) with respect to each in-State student. (B) Rules for compliance.--In complying with the requirements described in subparagraph (A), the institution-- (i) may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) to collect information described in paragraph (3) of such subsection for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; and (ii) shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; and (iii) shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965. (C) Clarification.--Nothing in this part may be construed to require an institution of higher education to request each student to affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship. (3) Definitions.-- (A) Covered institution of higher education.--In this section, the term ``covered institution of higher education'' means an institution of higher education that-- (i) has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094); (ii) in its normal course of operations, requests each in-State student enrolling in the institution to affirm whether or not the student is a United States citizen; and (iii) is located in a State to which section 4(b)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)(1)) does not apply. (B) In-state student.--In this section, the term ``in-State student''-- (i) means a student enrolled in a covered institution of higher education who, for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; and (ii) includes a student described in clause (i) who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF ELIGIBLE VOTERS IN EXISTING RECORDS. (a) Initial Transmittal of Information.--For each individual already listed in a contributing agency's records as of the date of enactment of this Act, and for whom the agency has the information listed in section 1013(b)(3), the agency shall promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than the effective date described in section 1021(a). (b) Transition.--For each individual listed in a contributing agency's records as of the effective date described in section 1021(a) (but who was not listed in a contributing agency's records as of the date of enactment of this Act), and for whom the agency has the information listed in section 1013(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than 6 months after the effective date described in section 1021(a). SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION. (a) Protections for Errors in Registration.--An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual's automatic registration to vote under this part. (2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this part. (3) The individual was automatically registered to vote under this part at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this part. (b) Limits on Use of Automatic Registration.--The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this part may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual's lack of knowledge or willfulness of such registration may be demonstrated by the individual's testimony alone. (c) Protection of Election Integrity.--Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who-- (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Contributing Agencies' Protection of Information.--Nothing in this part authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following: (1) An individual's decision to decline to register to vote or not to register to vote. (2) An individual's decision not to affirm his or her citizenship. (3) Any information that a contributing agency transmits pursuant to section 1013(b)(3), except in pursuing the agency's ordinary course of business. (e) Election Officials' Protection of Information.-- (1) Public disclosure prohibited.-- (A) In general.--Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)). (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (vi) The individual's signature. (vii) The individual's telephone number. (viii) The individual's email address. (B) Special rule for individuals registered to vote.--With respect to any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this part, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)). (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (vi) The individual's signature. (2) Voter record changes.--Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (3) Database management standards.--The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment-- (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director's website and make those standards available in written form upon request. (4) Security policy.--The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify-- (A) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (B) security safeguards to protect personal information transmitted through the information transmittal processes of section 1013 or section 1014, the online system used pursuant to section 1017, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (5) State compliance with national standards.-- (A) Certification.--The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (3) and (4). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ``_____ hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 1015(e) of the Automatic Voter Registration Act of 2021.'' (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures.--The chief State election official of a State shall publish on the official's website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification.--If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of states that require changes to state law.--In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (f) Restrictions on Use of Information.--No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual's declination to register to vote or complete an affirmation of citizenship under section 1013(b). (3) An individual's voter registration status. (g) Prohibition on the Use of Voter Registration Information for Commercial Purposes.--Information collected under this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. (a) Correcting Registration Information at Polling Place.-- Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if an individual is registered to vote in elections for Federal office held in a State, the appropriate election official at the polling place for any such election (including a location used as a polling place on a date other than the date of the election) shall permit the individual to-- (1) update the individual's address for purposes of the records of the election official; (2) correct any incorrect information relating to the individual, including the individual's name and political party affiliation, in the records of the election official; and (3) cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not as a provisional ballot under section 302(a) of such Act. (b) Updates to Computerized Statewide Voter Registration Lists.--If an election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the address or information is promptly entered into the computerized statewide voter registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)). SEC. 1017. PAYMENTS AND GRANTS. (a) In General.--The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program). (b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of Grant; Priorities.--The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including-- (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to carry out this section-- (A) $500,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds.--Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. SEC. 1018. TREATMENT OF EXEMPT STATES. (a) Waiver of Requirements.--Except as provided in subsection (b), this part does not apply with respect to an exempt State. (b) Exceptions.--The following provisions of this part apply with respect to an exempt State: (1) section 1016 (relating to registration portability and correction). (2) section 1017 (relating to payments and grants). (3) Section 1019(e) (relating to enforcement). (4) Section 1019(f) (relating to relation to other laws). SEC. 1019. MISCELLANEOUS PROVISIONS. (a) Accessibility of Registration Services.--Each contributing agency shall ensure that the services it provides under this part are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (b) Transmission Through Secure Third Party Permitted.--Nothing in this part shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this part, so long as the data transmittal complies with the applicable requirements of this part, including the privacy and security provisions of section 1015. (c) Nonpartisan, Nondiscriminatory Provision of Services.--The services made available by contributing agencies under this part and by the State under sections 1015 and 1016 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)). (d) Notices.--Each State may send notices under this part via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election- related materials. All notices sent pursuant to this part that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (e) Enforcement.--Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act. (f) Relation to Other Laws.--Except as provided, nothing in this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). SEC. 1020. DEFINITIONS. In this part, the following definitions apply: (1) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (2) The term ``Commission'' means the Election Assistance Commission. (3) The term ``exempt State'' means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State (or, in the case of a State in which an individual is automatically registered to vote at the time the individual applies for benefits or services with a Permanent Dividend Fund of the State, provides the appropriate official of such Fund) with such identifying information as the State may require. (4) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 1021. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this part and the amendments made by this part shall apply with respect to a State beginning January 1, 2023. (b) Waiver.--Subject to the approval of the Commission, if a State certifies to the Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2023'' were a reference to ``January 1, 2025''. PART 3--SAME DAY VOTER REGISTRATION SEC. 1031. SAME DAY REGISTRATION. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. SAME DAY REGISTRATION. ``(a) In General.-- ``(1) Registration.--Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. ``(c) Ensuring Availability of Forms.--The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual's voter registration information under this section. ``(d) Effective Date.--Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Same day registration.''. PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS. (a) Minimum Information Required for Removal Under Cross-Check.-- Section 8(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(c))(2)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove the name of the voter from such a list, the State may not remove the name of the voter from such a list unless-- ``(i) the State obtained the voter's full name (including the voter's middle name, if any) and date of birth, and the last 4 digits of the voter's social security number, in the interstate cross-check; or ``(ii) the State obtained documentation from the ERIC system that the voter is no longer a resident of the State. ``(C) In this paragraph-- ``(i) the term `interstate cross-check' means the transmission of information from an election official in one State to an election official of another State; and ``(ii) the term `ERIC system' means the system operated by the Electronic Registration Information Center to share voter registration information and voter identification information among participating States.''. (b) Requiring Completion of Cross-Checks Not Later Than 6 Months Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days'' and inserting the following: ``not later than 90 days (or, in the case of a program in which the State uses interstate cross-checks, not later than 6 months)''. (c) Conforming Amendment.--Subparagraph (D) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1), is amended by striking ``Subparagraph (A)'' and inserting ``This paragraph''. (d) Effective Date.--The amendments made by this Act shall apply with respect to elections held on or after the expiration of the 6- month period which begins on the date of the enactment of this Act. PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS. (a) Annual Report.--Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following categories of information for the year: (1) The number of individuals who were registered under part 2. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual's identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (7) The number of individuals who were purged from the official voter registration list or moved to inactive status, broken down by the reason for those actions, including the method used for identifying those voters. (b) Breakdown of Information.--In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race, ethnicity, age, and gender of the individuals whose information is included in the category, to the extent that information on the race, ethnicity, age, and gender of such individuals is available to the State. (c) Confidentiality of Information.--In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (d) State Defined.--In this section, a ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT WITH TIMING OF LEGAL PUBLIC HOLIDAYS. (a) In General.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it appears and inserting ``28 days''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year. SEC. 1053. USE OF POSTAL SERVICE HARD COPY CHANGE OF ADDRESS FORM TO REMIND INDIVIDUALS TO UPDATE VOTER REGISTRATION. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Postmaster General shall modify any hard copy change of address form used by the United States Postal Service so that such form contains a reminder that any individual using such form should update the individual's voter registration as a result of any change in address. (b) Application.--The requirement in subsection (a) shall not apply to any electronic version of a change of address form used by the United States Postal Service. SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF MINORS IN ELECTION ACTIVITIES. (a) Grants.-- (1) In general.--The Election Assistance Commission (hereafter in this section referred to as the ``Commission'') shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State. (2) Contents of plans.--A State's plan under this subsection shall include-- (A) methods to promote the use of the pre- registration process implemented under section 8A of the National Voter Registration Act of 1993 (as added by section 2(a)); (B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and (C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate. (b) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the State's plan under subsection (a); (2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and (3) such other information and assurances as the Commission may require. (c) Period of Grant; Report.-- (1) Period of grant.--A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission. (2) Report.--Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2). (d) State Defined.--In this section, the term ``State'' means each of the several States and the District of Columbia. (e) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended. SEC. 1055. PERMISSION TO PLACE EXHIBITS. The Secretary of Homeland Security shall implement procedures to allow the chief election officer of a State to provide information about voter registration, including through a display or exhibit, after the conclusion of an administrative naturalization ceremony in that State. SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY PROGRAMS. (a) In General.--Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that the State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice.--Each State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public Availability.--Each State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions.--In this section: (1) The terms ``domestic violence'', ``stalking'', ``sexual assault'', and ``dating violence'' have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (2) The term ``trafficking'' means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING AND MORTGAGE APPLICATIONS. (a) Development of Uniform Statement.--The Director of the Bureau of Consumer Financial Protection, in coordination with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of such statement pursuant to this section of how they can register to vote and their voting rights under law. (b) Leases and Vouchers for Federally Assisted Rental Housing.--The Secretary of Housing and Urban Development shall require-- (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (a) to each lessee of a dwelling unit in public housing administered by such agency-- (A) together with the lease for such a dwelling unit, at the same time such lease is provided to the lessee; and (B) together with any income verification form, at the same time such form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (a) to each assisted family or individual-- (A) together with the voucher for such assistance, at the time such voucher is issued for such family or individual; and (B) together with any income verification form, at the same time such form is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal project-based rental assistance to provide a copy of the uniform statement developed pursuant to subsection (a) to provide to the lessee of such dwelling unit-- (A) together with the lease for such dwelling unit, at the same time such form is provided to the lessee; and (B) together with any income verification form, at the same time such form is provided to the applicant or tenant; except that the Secretary of Agriculture shall administer the requirement under this paragraph with respect to Federal project-based rental assistance specified in subsection (e)(1)(D). (c) Applications for Residential Mortgage Loans.--The Director of the Bureau of Consumer Financial Protection shall require each creditor that receives an application (within the meaning of such term as used in the Equal Credit Opportunity Act (15 U.S.C. 1691)) for a residential mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (a) in written form to the applicant for such residential mortgage loan, within 5 business days of the date of application. (d) Optional Completion of Application.--Nothing in this section may be construed to require any individual to complete an application for voter registration. (e) Definitions.--As used in this section: (1) Federal project-based rental assistance.--The term ``Federal project-based rental assistance'' means project-based rental assistance provided under-- (A) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (B) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (C) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (D) title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), including voucher assistance under section 542 of such title (42 U.S.C. 1490r); (E) subtitle D of title VIII of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.); (F) title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.); (G) the Housing Trust Fund program under section 1338 of the federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or (H) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). (2) Owner.--The term ``owner'' has the meaning given such term in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)). (3) Public housing; public housing agency.--The terms ``public housing'' and ``public housing agency'' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (4) Residential mortgage loan.--The term ``residential mortgage loan'' includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families. (f) Regulations.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Consumer Financial Protection Bureau may issue such regulations as may be necessary to carry out this section. PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW REQUIREMENTS. (a) In General.--Section 251(b) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)) is amended-- (1) in paragraph (1), by striking ``as provided in paragraphs (2) and (3)'' and inserting ``as otherwise provided in this subsection''; and (2) by adding at the end the following new paragraph: ``(4) Certain voter registration activities.--A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021.''. (b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: ``612. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 1071), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''. PART 8--VOTER REGISTRATION EFFICIENCY ACT SEC. 1081. SHORT TITLE. This part may be cited as the ``Voter Registration Efficiency Act''. SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN NEW STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE FOR VOTER REGISTRATION PURPOSES. (a) Requirements for Applicants for Licenses.--Section 5(d) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is amended-- (1) by striking ``Any change'' and inserting ``(1) Any change''; and (2) by adding at the end the following new paragraph: ``(2)(A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver's license in the State-- ``(i) to indicate whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and ``(ii) to indicate whether the individual intends for the State to serve as the individual's residence for purposes of registering to vote in elections for Federal office. ``(B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual's residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual's residence for purposes of registering to vote in elections for Federal office.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect with respect to elections occurring in 2021 or any succeeding year. PART 9--PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL STUDENTS SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL STUDENTS PRIOR TO GRADUATION. (a) Pilot Program.--The Election Assistance Commission (hereafter in this part referred to as the ``Commission'') shall carry out a pilot program under which the Commission shall provide funds during the 1- year period beginning after the date of the enactment of this part to eligible local educational agencies for initiatives to provide information on registering to vote in elections for public office to secondary school students in the 12th grade. (b) Eligibility.--A local educational agency is eligible to receive funds under the pilot program under this part if the agency submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the initiatives the agency intends to carry out with the funds; (2) a description of how the agency will prioritize access to such initiatives for schools that serve-- (A) the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (B) the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency; (3) an estimate of the costs associated with such initiatives; and (4) such other information and assurances as the Commission may require. (c) Priority for Schools Receiving Title I Funds.--In selecting among eligible local educational agencies for receiving funds under the pilot program under this part, the Commission shall give priority to local educational agencies that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (d) Consultation With Election Officials.--A local educational agency receiving funds under the pilot program shall consult with the State and local election officials who are responsible for administering elections for public office in the area served by the agency in developing the initiatives the agency will carry out with the funds. (e) Definitions.--In this part, the terms ``local educational agency'' and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 1092. REPORTS. (a) Reports by Recipients of Funds.--Not later than the expiration of the 90-day period which begins on the date of the receipt of the funds, each local educational agency receiving funds under the pilot program under this part shall submit a report to the Commission describing the initiatives carried out with the funds and analyzing their effectiveness. (b) Report by Commission.--Not later than the expiration of the 60- day period which begins on the date the Commission receives the final report submitted by a local educational agency under subsection (a), the Commission shall submit a report to Congress on the pilot program under this part. SEC. 1093. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this part. PART 10--VOTER REGISTRATION OF MINORS SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM INDIVIDUALS UNDER 18 YEARS OF AGE. (a) Acceptance of Applications.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1004, is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Acceptance of Applications From Individuals Under 18 Years of Age.-- ``(1) In general.--A State may not refuse to accept or process an individual's application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. ``(2) No effect on state voting age requirements.--Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022. Subtitle B--Access to Voting for Individuals With Disabilities SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), is amended-- (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: ``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. ``(a) Treatment of Applications and Ballots.--Each State shall-- ``(1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; ``(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; ``(3) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures-- ``(A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); ``(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and ``(C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; ``(4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); ``(5) transmit a validly requested absentee ballot to an individual with a disability-- ``(A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and ``(B) in the case in which the request is received less than 45 days before an election for Federal office-- ``(i) in accordance with State law; and ``(ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and ``(6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. ``(b) Designation of Single State Office To Provide Information on Registration and Absentee Ballot Procedures for All Disabled Voters in State.--Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. ``(c) Designation of Means of Electronic Communication for Individuals With Disabilities To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information.-- ``(1) In general.--Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication-- ``(A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); ``(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and ``(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. ``(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. ``(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials.--Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. ``(4) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(d) Transmission of Blank Absentee Ballots by Mail and Electronically.-- ``(1) In general.--Each State shall establish procedures-- ``(A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and ``(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. ``(2) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(3) Application of methods to track delivery to and return of ballot by individual requesting ballot.--Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. ``(e) Hardship Exemption.-- ``(1) In general.--If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include-- ``(A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office; ``(B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; ``(C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and ``(D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes-- ``(i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; ``(ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and ``(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. ``(2) Approval of waiver request.--The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met: ``(A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. ``(B) One or more of the following issues creates an undue hardship for the State: ``(i) The State's primary election date prohibits the State from complying with subsection (a)(5)(A). ``(ii) The State has suffered a delay in generating ballots due to a legal contest. ``(iii) The State Constitution prohibits the State from complying with such subsection. ``(3) Timing of waiver.-- ``(A) In general.--Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election. ``(B) Exception.--If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. ``(4) Application of waiver.--A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. ``(f) Rule of Construction.--Nothing in this section may be construed to allow the marking or casting of ballots over the internet. ``(g) Individual With a Disability Defined.--In this section, an `individual with a disability' means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. ``(h) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2022.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 305, January 1, 2022.''. (2) Redesignation.--Title III of such Act (52 U.S.C. 21081 et seq.) is amended by redesignating sections 311 and 312 as sections 321 and 322. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c)), is amended-- (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; (2) by inserting after the item relating to section 304 the following new item: ``Sec. 305. Access to voter registration and voting for individuals with disabilities.''; and (3) by redesignating the items relating to sections 311 and 312 as relating to sections 321 and 322. SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Purposes of Payments.--Section 261(b) of the Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; ``(2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and ``(3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.''. (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: ``(4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part.''. (c) Period of Availability of Funds.--Section 264 of such Act (52 U.S.C. 21024) is amended-- (1) in subsection (b), by striking ``Any amounts'' and inserting ``Except as provided in subsection (b), any amounts''; and (2) by adding at the end the following new subsection: ``(c) Return and Transfer of Certain Funds.-- ``(1) Deadline for obligation and expenditure.--In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. ``(2) Reallocation of transferred amounts.-- ``(A) In general.--The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. ``(B) Covered payment recipients described.--In subparagraph (A), a `covered payment recipient' is a State or unit of local government with respect to which-- ``(i) amounts were appropriated pursuant to the authority of subsection (a); and ``(ii) no amounts were transferred to the Commission under paragraph (1).''. SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT RESIDENCES. (a) Establishment of Pilot Programs.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. (b) Reports.-- (1) In general.--A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline.--A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing.--The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. (e) State Defined.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Analysis.--The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act-- (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines-- (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report.-- (1) In general.--Not later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees.--For purposes of this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. Subtitle C--Prohibiting Voter Caging SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED. (a) In General.--Chapter 29 of title 18, United States Code, as amended by section 1071(a), is amended by adding at the end the following: ``Sec. 613. Voter caging and other questionable challenges ``(a) Definitions.--In this section-- ``(1) the term `voter caging document' means-- ``(A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or ``(B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; ``(2) the term `voter caging list' means a list of individuals compiled from voter caging documents; and ``(3) the term `unverified match list' means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, or otherwise; unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. ``(b) Prohibition Against Voter Caging.--No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of-- ``(1) a voter caging document or voter caging list; ``(2) an unverified match list; ``(3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual's eligibility to vote under section 2004 of the Revised Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); or ``(4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote. ``(c) Requirements for Challenges by Persons Other Than Election Officials.-- ``(1) Requirements for challenges.--No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is-- ``(A) documented in writing; and ``(B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the age, race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. ``(2) Prohibition on challenges on or near date of election.--No person, other than a State or local election official, shall be permitted-- ``(A) to challenge an individual's eligibility to vote in an election for Federal office on Election Day, or ``(B) to challenge an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. ``(d) Penalties for Knowing Misconduct.--Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. ``(e) No Effect on Related Laws.--Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b), is amended by adding at the end the following: ``613. Voter caging and other questionable challenges.''. SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING VOTER CAGING. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 613 of title 18, United States Code, as added by section 1201(a), including practices to provide for the posting of relevant information at polling places and voter registration agencies, the training of poll workers and election officials, and relevant educational measures. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voting Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 1072(b), is amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition.''. Subtitle D--Prohibiting Deceptive Practices and Preventing Voter Intimidation SEC. 1301. SHORT TITLE. This subtitle may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2021''. SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) Prohibition.--Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by inserting at the end the following new paragraphs: ``(2) False statements regarding federal elections.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). ``(5) Election described.--An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (b) Private Right of Action.-- (1) In general.--Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) In general.--Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Civil action.--Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Conforming amendments.--Section 2004 of the Revised Statutes (52 U.S.C. 10101) is amended-- (A) in subsection (e), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''; and (B) in subsection (g), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (c) Criminal Penalties.-- (1) Deceptive acts.--Section 594 of title 18, United States Code, is amended-- (A) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; (B) in subsection (a), as inserted by subparagraph (A), by striking ``at any election'' and inserting ``at any general, primary, run-off, or special election''; and (C) by adding at the end the following new subsections: ``(b) Deceptive Acts.-- ``(1) False statements regarding federal elections.-- ``(A) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(c) Hindering, Interfering With, or Preventing Voting or Registering To Vote.-- ``(1) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (3) Sentencing guidelines.-- (A) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''. SEC. 1303. CORRECTIVE ACTION. (a) Corrective Action.-- (1) In general.--If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 1302(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written Procedures and Standards for Taking Corrective Action.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation.--In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle. SEC. 1304. REPORTS TO CONGRESS. (a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 1302(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by section 1302(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 1302(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means. Subtitle E--Democracy Restoration SEC. 1401. SHORT TITLE. This subtitle may be cited as the ``Democracy Restoration Act of 2021''. SEC. 1402. FINDINGS. Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections: (A) The lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives. (B) Laws governing the restoration of voting rights after a criminal conviction vary throughout the country, and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently. (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) Two States (Maine and Vermont), the District of Columbia, and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all, but 48 States have laws that deny convicted individuals the right to vote while they are in prison. (6) In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 30 States, convicted individuals may not vote while they are on parole and 27 States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (7) Several States deny the right to vote to individuals convicted of certain misdemeanors. (8) An estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, currently cannot vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting, only 24 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who have completed their sentences remain disenfranchised due to restrictive State laws. In at least 6 States--Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia--more than 5 percent of the total voting-age population is disenfranchised. (9) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. More than 6 percent of the African-American voting-age population, or 1,800,000 African Americans, are disenfranchised. Currently, 1 of every 16 voting-age African Americans are rendered unable to vote because of felony disenfranchisement, which is a rate more than 3.7 times greater than non-African Americans. Over 6 percent of African-American adults are disenfranchised whereas only 1.7 percent of non-African Americans are. In 7 States (Alabama, 16 percent; Florida, 15 percent; Kentucky, 15 percent; Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16 percent; and Wyoming, 36 percent), more than 1 in 7 African Americans are unable to vote because of prior convictions, twice the national average for African Americans. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (14) The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions. SEC. 1403. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 1404. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. (b) Private Right of Action.-- (1) In general.--A person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. (a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal Notification.-- (1) Notification.--Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given-- (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. SEC. 1406. DEFINITIONS. For purposes of this subtitle: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. SEC. 1407. RELATION TO OTHER LAWS. (a) State Laws Relating to Voting Rights.--Nothing in this subtitle be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this subtitle. (b) Certain Federal Acts.--The rights and remedies established by this subtitle are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). SEC. 1408. FEDERAL PRISON FUNDS. No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual's rights under section 1403. SEC. 1409. EFFECTIVE DATE. This subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot SEC. 1501. SHORT TITLE. This subtitle may be cited as the ``Voter Confidence and Increased Accessibility Act of 2021''. SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS. (a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows: ``(2) Paper ballot requirement.-- ``(A) Voter-verified paper ballots.-- ``(i) Paper ballot requirement.--(I) The voting system shall require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term `individual, durable, voter-verified paper ballot' means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option to mark his or her ballot by hand. ``(II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter- verified paper ballot is preserved in accordance with clause (ii). ``(III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent. ``(ii) Preservation as official record.-- The individual, durable, voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. ``(iii) Manual counting requirements for recounts and audits.--(I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. ``(II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified paper ballots shall be the true and correct record of the votes cast. ``(iv) Application to all ballots.--The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. ``(B) Special rule for treatment of disputes when paper ballots have been shown to be compromised.-- ``(i) In general.--In the event that-- ``(I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter- verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and ``(II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. ``(ii) Rule for consideration of ballots associated with each voting machine.--For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots.''. (b) Conforming Amendment Clarifying Applicability of Alternative Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting ``(including the paper ballots required to be used under paragraph (2))'' after ``voting system''. (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended-- (1) in subparagraph (A)(i), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''; (2) in subparagraph (A)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''; (3) in subparagraph (A)(iii), by striking ``counted'' each place it appears and inserting ``counted, in accordance with paragraphs (2) and (3)''; and (4) in subparagraph (B)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''. SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--Section 301(a)(3)(B) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows: ``(B)(i) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot as for other voters; ``(ii) satisfy the requirement of subparagraph (A) through the use of a sufficient number, but at least one, of voting systems, as determined by the Commission in consultation with the United States Access Board and the National Institute of Standards and Technology, equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, for all in person voting options; and ``(iii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that-- ``(I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and ``(II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot;''. (b) Specific Requirement of Study, Testing, and Development of Accessible Voting Options.-- (1) Study and reporting.--Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended-- (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: ``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS. ``(a) Grants to Study and Report.--The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than three eligible entities to study, test, and develop accessible and secure remote voting systems and voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities. ``(b) Eligibility.--An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing-- ``(1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and ``(2) such other information and certifications as the Commission may require. ``(c) Availability of Technology.--Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. ``(d) Coordination With Grants for Technology Improvements.--The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determines necessary to provide for the advancement of accessible voting technology. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.''. (2) Clerical amendment.--The table of contents of such Act is amended-- (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: ``Sec. 247. Study and report on accessible voting options.''. (c) Clarification of Accessibility Standards Under Voluntary Voting System Guidance.--In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access.--Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; except that'' and all that follows and inserting a period. SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph: ``(7) Durability and readability requirements for ballots.-- ``(A) Durability requirements for paper ballots.-- ``(i) In general.--All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper. ``(ii) Definition.--For purposes of this Act, paper is `durable' if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. ``(B) Readability requirements for paper ballots marked by ballot marking device.--All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities.''. SEC. 1505. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN. (a) Study.--The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 1504, is further amended by adding at the end the following new paragraph: ``(8) Printing requirements for ballots.--All paper ballots used in an election for Federal office shall be printed in the United States on paper manufactured in the United States.''. SEC. 1507. EFFECTIVE DATE FOR NEW REQUIREMENTS. Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. ``(2) Special rule for certain requirements.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. ``(B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020.-- ``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2022' were a reference to `2024', but only with respect to the following requirements of this section: ``(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots). ``(II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot). ``(III) Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots). ``(ii) Jurisdictions described.--A jurisdiction described in this clause is a jurisdiction-- ``(I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021), for the administration of the regularly scheduled general election for Federal office held in November 2020; and ``(II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2024. ``(iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems.-- ``(I) Requiring ballots to be offered and provided.--The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. ``(II) Treatment of ballot.--Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. ``(III) Posting of notice.--The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre- printed blank paper ballot. The notice shall take into consideration factors including the linguistic preferences of voters in the jurisdiction. ``(IV) Training of election officials.--The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre- printed paper ballot. ``(V) Period of applicability.--The requirements of this clause apply only during the period in which the delay is in effect under clause (i). ``(C) Special rule for jurisdictions using certain nontabulating ballot marking devices.--In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `any election for Federal office held in 2022 or any succeeding year' were a reference to `elections for Federal office occurring held in 2024 or each succeeding year', but only with respect to paragraph (3)(B)(iii)(II) of subsection (a) (relating to nonmanual casting of the durable paper ballot).''. Subtitle G--Provisional Ballots SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS. (a) In General.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d) Statewide Counting of Provisional Ballots.-- ``(1) In general.--For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official of the jurisdiction in which the individual is registered shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022. ``(e) Uniform and Nondiscriminatory Standards.-- ``(1) In general.--Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022.''. (b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C. 21082(f)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsections (d)(2) and (e)(2), each State''. Subtitle H--Early Voting SEC. 1611. EARLY VOTING. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a) and section 1101(a), is amended-- (1) by redesignating sections 306 and 307 as sections 307 and 308; and (2) by inserting after section 305 the following new section: ``SEC. 306. EARLY VOTING. ``(a) Requiring Voting Prior to Date of Election.-- ``(1) In general.--Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in the same manner as voting is allowed on such date. ``(2) Length of period.--The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the election. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting during an early voting period under subsection (a) shall-- ``(1) allow such voting for no less than 10 hours on each day; ``(2) have uniform hours each day for which such voting occurs; and ``(3) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ``(c) Location of Polling Places.-- ``(1) Proximity to public transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection (a) is located within walking distance of a stop on a public transportation route. ``(2) Availability in rural areas.--The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located in rural areas of the State, and shall ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. ``(3) College campuses.--The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located on campuses of institutions of higher education in the State. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Ballot Processing and Scanning Requirements.-- ``(1) In general.--The State shall begin processing and scanning ballots cast during in-person early voting for tabulation at least 14 days prior to the date of the election involved. ``(2) Limitation.--Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. ``(f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the For the People Act of 2021, June 30, 2022.''. (c) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c) and section 1101(c), is amended-- (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308; and (2) by inserting after the item relating to section 305 the following new item: ``Sec. 306. Early voting.''. Subtitle I--Voting by Mail SEC. 1621. VOTING BY MAIL. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), and section 1611(a), is amended-- (1) by redesignating sections 307 and 308 as sections 308 and 309; and (2) by inserting after section 306 the following new section: ``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) Uniform Availability of Absentee Voting to All Voters.-- ``(1) In general.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. ``(2) Administration of voting by mail.-- ``(A) Prohibiting identification requirement as condition of obtaining ballot.--A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot. ``(B) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot.--A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot. ``(C) Deadline for returning ballot.--A State may impose a reasonable deadline for requesting the absentee ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. ``(3) No effect on identification requirements for first- time voters registering by mail.--Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section. ``(b) Due Process Requirements for States Requiring Signature Verification.-- ``(1) Requirement.-- ``(A) In general.--A State may not impose a signature verification requirement as a condition of accepting and counting an absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). ``(B) Signature verification requirement described.--In this subsection, a `signature verification requirement' is a requirement that an election official verify the identification of an individual by comparing the individual's signature on the absentee ballot with the individual's signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. ``(2) Due process requirements.-- ``(A) Notice and opportunity to cure discrepancy in signatures.--If an individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall-- ``(i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, and ``(II) if such discrepancy is not cured prior to the expiration of the 10-day period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and ``(ii) cure such discrepancy and count the ballot if, prior to the expiration of the 10- day period described in clause (i)(II), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. ``(B) Notice and opportunity to cure missing signature or other defect.--If an individual submits an absentee ballot without a signature or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall-- ``(i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) the ballot did not include a signature or has some other defect, and ``(II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 10-day period which begins on the date the official notifies the individual that the ballot did not include a signature or has some other defect, such ballot will not be counted; and ``(ii) count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). ``(C) Other requirements.--An election official may not make a determination that a discrepancy exists between the signature on an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless-- ``(i) at least 2 election officials make the determination; ``(ii) each official who makes the determination has received training in procedures used to verify signatures; and ``(iii) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. ``(3) Report.-- ``(A) In general.--Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to Congress and the Commission a report containing the following information for the applicable Federal election cycle in the State: ``(i) The number of ballots invalidated due to a discrepancy under this subsection. ``(ii) Description of attempts to contact voters to provide notice as required by this subsection. ``(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. ``(B) Federal election cycle defined.--For purposes of this subsection, the term `Federal election cycle' means the period beginning on January 1 of any odd numbered year and ending on December 31 of the following year. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or ``(B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual's signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. ``(c) Transmission of Applications, Ballots, and Balloting Materials to Voters.-- ``(1) Automatic transmission of absentee ballot applications by mail.-- ``(A) Transmission of applications.--Not later than 60 days before the date of an election for Federal office, the appropriate State or local election official shall transmit by mail an application for an absentee ballot for the election to each individual who is registered to vote in the election, or, in the case of any State that does not register voters, all individuals who are in the State's central voter file (or if the State does not keep a central voter file, all individuals who are eligible to vote in such election). ``(B) Exception for individuals already receiving applications automatically.--Subparagraph (A) does not apply with respect to an individual to whom the State is already required to transmit an application for an absentee ballot for the election because the individual exercised the option described in subparagraph (D) of paragraph (2) to treat an application for an absentee ballot in a previous election for Federal office in the State as an application for an absentee ballot in all subsequent elections for Federal office in the State. ``(C) Exception for states transmitting ballots without application.--Subparagraph (A) does not apply with respect to a State which transmits a ballot in an election for Federal office in the State to a voter prior to the date of the election without regard to whether or not the voter submitted an application for the ballot to the State. ``(D) Rule of construction.--Nothing in this paragraph may be construed to prohibit an individual from submitting to the appropriate State or local election official an application for an absentee ballot in an election for Federal office, including through the methods described in paragraph (2). ``(2) Other methods for applying for absentee ballot.-- ``(A) In general.--In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, the State shall permit an individual-- ``(i) to submit an application for an absentee ballot online; and ``(ii) to submit an application for an absentee ballot through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this paragraph to the services made available online. ``(B) Treatment of websites.--The State shall be considered to meet the requirements of subparagraph (A)(i) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual-- ``(i) to print the application so that the individual may complete the application and return it to the official; or ``(ii) request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. ``(C) Ensuring delivery prior to election.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual's application is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after such required period. ``(D) Application for all future elections.--At the option of an individual, a State shall treat the individual's application to vote by absentee ballot by mail in an election for Federal office as an application for an absentee ballot by mail in all subsequent Federal elections held in the State. ``(3) Same-day processing.--The United States Postal Service shall ensure, to the maximum extent practicable, that ballots are processed and cleared from any postal facility or post office on the same day the ballots are received at such a facility or post office. ``(d) Accessibility for Individuals With Disabilities.--The State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. ``(e) Uniform Deadline for Acceptance of Mailed Ballots.-- ``(1) In general.--A State may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if-- ``(A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and ``(B) the ballot is received by the appropriate election official prior to the expiration of the 10-day period which begins on the date of the election. ``(2) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election. ``(f) Alternative Methods of Returning Ballots.-- ``(1) In general.--In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, the State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including-- ``(A) permitting the individual to deliver the ballot to a polling place on any date on which voting in the election is held at the polling place; and ``(B) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. ``(2) Permitting voters to designate other person to return ballot.--The State-- ``(A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and ``(B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office. ``(g) Ballot Processing and Scanning Requirements.-- ``(1) In general.--The State shall begin processing and scanning ballots cast by mail for tabulation at least 14 days prior to the date of the election involved. ``(2) Limitation.--Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. ``(h) Prohibiting Certain Restrictions on Access to Voting Materials.-- ``(1) Distribution of absentee ballot applications by third parties.--A State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. ``(2) Unsolicited provision of voter registration applications by election officials.--A State may not prohibit an election official from providing an unsolicited application to register to vote in an election for Federal office to any individual who is eligible to register to vote in the election. ``(i) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. ``(j) No Effect on Ballots Submitted by Absent Military and Overseas Voters.--Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ``(k) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), and section 1611(c), is amended-- (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309; and (2) by inserting after the item relating to section 306 the following new item: ``Sec. 307. Promoting ability of voters to vote by mail.''. (c) Development of Alternative Verification Methods.-- (1) Development of standards.--The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by absentee ballot in elections for Federal office. (2) Public notice and comment.--The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline.--Not later than 1 year after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1). SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), and section 1621(a), is amended-- (1) by redesignating sections 308 and 309 as sections 309 and 310; and (2) by inserting after section 307 the following new section: ``SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM. ``(a) Requirement.--Each State shall carry out a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official's office. ``(b) Information on Whether Vote Was Accepted.--The information referred to under subsection (a) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. ``(c) Use of Toll-Free Telephone Number by Officials Without Internet Site.--A program established by a State or local election official whose office does not have an Internet site may meet the requirements of subsection (a) if the official has established a toll- free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such subsection. ``(d) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Reimbursement for Costs Incurred by States in Establishing Program.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS ``SEC. 297. PAYMENTS TO STATES. ``(a) Payments For Costs of Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 308 (including costs incurred prior to the date of the enactment of this part). ``(b) Certification of Compliance and Costs.-- ``(1) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission a statement containing-- ``(A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and ``(B) a statement of the costs incurred by the State in establishing the program. ``(2) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of-- ``(A) the number of jurisdictions in the State which are responsible for operating the program; and ``(B) $3,000. ``(3) Limit on number of payments received.--A State may not receive more than one payment under this part. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), and section 1621(b), is amended-- (1) by adding at the end of the items relating to subtitle D of title II the following: ``Part 7--Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots ``Sec. 297. Payments to States. ``Sec. 297A. Authorization of appropriations.''; (2) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310; and (3) by inserting after the item relating to section 307 the following new item: ``Sec. 308. Absentee ballot tracking program.''. SEC. 1623. VOTING MATERIALS POSTAGE. (a) Prepayment of Postage on Return Envelopes.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), and section 1622(a), is amended-- (A) by redesignating sections 309 and 310 as sections 310 and 311; and (B) by inserting after section 308 the following new section: ``SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING MATERIALS. ``(a) Provision of Return Envelopes.--The appropriate State or local election official shall provide a self-sealing return envelope with-- ``(1) any voter registration application form transmitted to a registrant by mail; ``(2) any application for an absentee ballot transmitted to an applicant by mail; and ``(3) any blank absentee ballot transmitted to a voter by mail. ``(b) Prepayment of Postage.--Consistent with regulations of the United States Postal Service, the State or the unit of local government responsible for the administration of the election involved shall prepay the postage on any envelope provided under subsection (a). ``(c) No Effect on Ballots or Balloting Materials Transmitted to Absent Military and Overseas Voters.--Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ``(d) Effective Date.--This section shall take effect on the date that is 90 days after the date of the enactment of this section, except that-- ``(1) State and local jurisdictions shall make arrangements with the United States Postal Service to pay for all postage costs that such jurisdictions would be required to pay under this section if this section took effect on the date of enactment; and ``(2) States shall take all reasonable efforts to provide self-sealing return envelopes as provided in this section.''. (2) Clerical amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), and section 1621(b), is amended-- (A) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311; and (B) by inserting after the item relating to section 308 the following new item: ``Sec. 309. Prepayment of postage on return envelopes for voting materials.''. (b) Role of United States Postal Service.-- (1) In general.--Chapter 34 of title 39, United States Code, is amended by adding after section 3406 the following: ``Sec. 3407. Voting materials; restrictions on operational changes prior to elections ``(a) Any voter registration application, absentee ballot application, or absentee ballot with respect to any election for Federal office shall be carried in accordance with the service standards established for first-class mail, regardless of the class of postage prepaid. ``(b) In the case of any election mail carried by the Postal Service that consists of a ballot, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise-- ``(1) the fact that the ballot was carried by the Postal Service; and ``(2) the date on which the ballot was mailed. ``(c) During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of voting materials with respect to the election, including voter registration applications, absentee ballot applications, and absentee ballots. This paragraph applies to operational changes which include removing or eliminating any mail collection box without immediately replacing it, and removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. ``(d) The Postal Service shall appoint an Election Mail Coordinator in every Postal Area and District to facilitate relevant information sharing with State, territorial, local, and tribal election officials in regards to the mailing of voter registration applications, absentee ballot applications, and absentee ballots. ``(e) As used in this section-- ``(1) the term `absentee ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(f) Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).''. (2) Mail-in ballots and postal service barcode service.-- (A) In general.--Section 3001 of title 39, United States Code, is amended by adding at the end the following: ``(p) Any ballot sent within the United States for an election for Federal office is nonmailable and shall not be carried or delivered by mail unless the ballot is mailed in an envelope that-- ``(1) contains a Postal Service barcode (or successive service or marking) that enables tracking of each individual ballot; ``(2) satisfies requirements for ballot envelope design that the Postal Service may promulgate by regulation; ``(3) satisfies requirements for machineable letters that the Postal Service may promulgate by regulation; and ``(4) includes the Official Election Mail Logo (or any successor label that the Postal Service may establish for ballots).''. (B) Application.--The amendment made by subsection (a) shall apply to any election for Federal office occurring after the date of enactment of this Act. (3) Clerical amendment.--The table of sections for chapter 34 of such title is amended by inserting after the item relating to section 3406 the following: ``3407. Voting materials; restrictions on operational changes prior to elections.''. SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL PROCEDURES. (a) Study.--The Election Assistance Commission shall conduct a study on the 2020 elections and compile a list of recommendations to-- (1) help States transitioning to vote-by-mail procedures; and (2) improve their current vote-by-mail systems. (b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). Subtitle J--Absent Uniformed Services Voters and Overseas Voters SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS. Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read as follows: ``(c) Reports on Availability, Transmission, and Receipt of Absentee Ballots.-- ``(1) Pre-election report on absentee ballot availability.--Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the `Commission'), and the Presidential Designee, and make that report publicly available that same day, certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. ``(2) Pre-election report on absentee ballot transmission.--Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots have been transmitted by not later than 45 days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission, and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. ``(3) Post-election report on number of absentee ballots transmitted and received.--Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Attorney General, the Commission, and the Presidential Designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day.''. SEC. 1702. ENFORCEMENT. (a) Availability of Civil Penalties and Private Rights of Action.-- Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20307) is amended to read as follows: ``SEC. 105. ENFORCEMENT. ``(a) Action by Attorney General.-- ``(1) In general.--The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. ``(2) Penalty.--In a civil action brought under paragraph (1), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State-- ``(A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or ``(B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. ``(3) Report to congress.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. ``(b) Private Right of Action.--A person who is aggrieved by a State's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. ``(c) State as Only Necessary Defendant.--In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.''. (b) Effective Date.--The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE. (a) Repeal of Waiver Authority.-- (1) In general.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by striking subsection (g). (2) Conforming amendment.--Section 102(a)(8)(A) of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as provided in subsection (g),''. (b) Requiring Use of Express Delivery in Case of Failure To Meet Requirement.--Section 102 of such Act (52 U.S.C. 20302), as amended by subsection (a), is amended by inserting after subsection (f) the following new subsection: ``(g) Requiring Use of Express Delivery in Case of Failure To Transmit Ballots Within Deadlines.-- ``(1) Transmission of ballot by express delivery.--If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 45 days before the election (in the case in which the request is received at least 45 days before the election)-- ``(A) the State shall transmit the ballot to the voter by express delivery; or ``(B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically. ``(2) Special rule for transmission fewer than 40 days before the election.--If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. ``(3) Payment for use of express delivery.--The State shall be responsible for the payment of the costs associated with the use of express delivery for the transmittal of ballots under this subsection.''. (c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A) of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``the election;'' and inserting the following: ``the election (or, if the 45th day preceding the election is a weekend or legal public holiday, not later than the most recent weekday which precedes such 45th day and which is not a legal public holiday, but only if the request is received by at least such most recent weekday);''. SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT ELECTIONS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows: ``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS. ``(a) In General.--If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election. ``(b) Exception for Voters Changing Registration.--Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. ``(c) Prohibition of Refusal of Application on Grounds of Early Submission.--A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by adding at the end the following new subsection: ``(j) Guarantee of Residency for Spouses and Dependents of Absent Members of Uniformed Service.--For the purposes of voting for in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual's absence and without regard to whether or not such spouse or dependent is accompanying that individual-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''. SEC. 1706. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS UNDER UOCAVA TO CERTAIN VOTERS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after section 103B the following new section: ``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO CERTAIN OTHER VOTERS. ``(a) In General.-- ``(1) State responsibilities.--Subject to the provisions of this section, each State shall transmit blank absentee ballots electronically to qualified individuals who request such ballots in the same manner and under the same terms and conditions under which the State transmits such ballots electronically to absent uniformed services voters and overseas voters under the provisions of section 102(f), except that no such marked ballots shall be returned electronically. ``(2) Requirements.--Any blank absentee ballot transmitted to a qualified individual under this section-- ``(A) must comply with the language requirements under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503); and ``(B) must comply with the disability requirements under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). ``(3) Affirmation.--The State may not transmit a ballot to a qualified individual under this section unless the individual provides the State with a signed affirmation in electronic form that-- ``(A) the individual is a qualified individual (as defined in subsection (b)); ``(B) the individual has not and will not cast another ballot with respect to the election; and ``(C) acknowledges that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury. ``(4) Clarification regarding free postage.--An absentee ballot obtained by a qualified individual under this section shall be considered balloting materials as defined in section 107 for purposes of section 3406 of title 39, United States Code. ``(5) Prohibiting refusal to accept ballot for failure to meet certain requirements.--A State shall not refuse to accept and process any otherwise valid blank absentee ballot which was transmitted to a qualified individual under this section and used by the individual to vote in the election solely on the basis of the following: ``(A) Notarization or witness signature requirements. ``(B) Restrictions on paper type, including weight and size. ``(C) Restrictions on envelope type, including weight and size. ``(b) Qualified Individual.-- ``(1) In general.--In this section, except as provided in paragraph (2), the term `qualified individual' means any individual who is otherwise qualified to vote in an election for Federal office and who meets any of the following requirements: ``(A) The individual-- ``(i) has previously requested an absentee ballot from the State or jurisdiction in which such individual is registered to vote; and ``(ii) has not received such absentee ballot at least 2 days before the date of the election. ``(B) The individual-- ``(i) resides in an area of a State with respect to which an emergency or public health emergency has been declared by the chief executive of the State or of the area involved within 5 days of the date of the election under the laws of the State due to reasons including a natural disaster, including severe weather, or an infectious disease; and ``(ii) has not previously requested an absentee ballot. ``(C) The individual expects to be absent from such individual's jurisdiction on the date of the election due to professional or volunteer service in response to a natural disaster or emergency as described in subparagraph (B). ``(D) The individual is hospitalized or expects to be hospitalized on the date of the election. ``(E) The individual is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and resides in a State which does not offer voters the ability to use secure and accessible remote ballot marking. For purposes of this subparagraph, a State shall permit an individual to self-certify that the individual is an individual with a disability. ``(2) Exclusion of absent uniformed services and overseas voters.--The term `qualified individual' shall not include an absent uniformed services voter or an overseas voter. ``(c) State.--For purposes of this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(d) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendment.--Section 102(a) of such Act (52 U.S.C. 20302(a)) is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(12) meet the requirements of section 103C with respect to the provision of blank absentee ballots for the use of qualified individuals described in such section.''. (c) Clerical Amendments.--The table of contents of such Act is amended by inserting the following after section 103: ``Sec. 103A. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. ``Sec. 103B. Federal voting assistance program improvements. ``Sec. 103C. Transmission of blank absentee ballots to certain other voters.''. SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON VOTER DISENFRANCHISEMENT. Not later than 1 year of enactment of this Act, the Attorney General shall submit to Congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in federal elections. SEC. 1708. EFFECTIVE DATE. Except as provided in section 1702(b) and section 1704(b), the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2022. Subtitle K--Poll Worker Recruitment and Training SEC. 1801. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING. (a) Grants by Election Assistance Commission.-- (1) In general.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of commission materials.--In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations.--The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility.-- (1) Application.--Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of application.--Each application submitted under paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to youth and minors, including by recruiting at institutions of higher education and secondary education; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant.-- (1) In general.--The amount of a grant made to a State under this section shall be equal to the product of-- (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined.--In paragraph (1), the ``voting age population percentage'' for a State is the quotient of-- (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress.-- (1) Reports by recipients of grants.--Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by commission.--Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding.-- (1) Continuing availability of amount appropriated.--Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses.--Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. SEC. 1802. STATE DEFINED. In this subtitle, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Subtitle L--Enhancement of Enforcement SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002. (a) Complaints; Availability of Private Right of Action.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended-- (1) by striking ``The Attorney General'' and inserting ``(a) In General.--The Attorney General''; and (2) by adding at the end the following new subsections: ``(b) Filing of Complaints by Aggrieved Persons.-- ``(1) In general.--A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. ``(2) Response by attorney general.--The Attorney General shall respond to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to be made within the same (or shorter) deadlines which apply to a State under the State-based administrative complaint procedures described in section 402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. ``(c) Availability of Private Right of Action.--Any person who is authorized to file a complaint under subsection (b)(1) (including any individual who seeks to enforce the individual's right to a voter- verified paper ballot, the right to have the voter-verified paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. ``(d) No Effect on State Procedures.--Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.''. (b) Effective Date.--The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. Subtitle M--Federal Election Integrity SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section: ``campaign activities by chief state election administration officials ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(c) Active Part in Political Management or in a Political Campaign.--The term `active part in political management or in a political campaign' means-- ``(1) holding any position (including any unpaid or honorary position) with an authorized committee of a candidate, or participating in any decision-making of an authorized committee of a candidate; ``(2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; ``(3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and ``(4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). ``(d) Exception in Case of Recusal From Administration of Elections Involving Official or Immediate Family Member.-- ``(1) In general.--This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate, but only if-- ``(A) such official recuses himself or herself from all of the official's responsibilities for the administration of such election; and ``(B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2021. Subtitle N--Promoting Voter Access Through Election Administration Improvements PART 1--PROMOTING VOTER ACCESS SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION. (a) Treatment of Certain Institutions as Voter Registration Agencies Under National Voter Registration Act of 1993.--Section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) each institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094), other than an institution which is treated as a contributing agency under the Automatic Voter Registration Act of 2021.''; and (2) in paragraph (6)(A), by inserting ``or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, including enrollment in a program of distance education, as defined in section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)),'' after ``assistance,''. (b) Responsibilities of Institutions Under Higher Education Act of 1965.-- (1) In general.--Section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows: ``(23)(A)(i) The institution will ensure that an appropriate staff person or office is designated publicly as a `Campus Vote Coordinator' and will ensure that such person's or office's contact information is included on the institution's website. ``(ii) Not fewer than twice during each calendar year (beginning with 2021), the Campus Vote Coordinator shall transmit electronically to each student enrolled in the institution (including students enrolled in distance education programs) a message containing the following information: ``(I) Information on the location of polling places in the jurisdiction in which the institution is located, together with information on available methods of transportation to and from such polling places. ``(II) A referral to a government-affiliated website or online platform which provides centralized voter registration information for all States, including access to applicable voter registration forms and information to assist individuals who are not registered to vote in registering to vote. ``(III) Any additional voter registration and voting information the Coordinator considers appropriate, in consultation with the appropriate State election official. ``(iii) In addition to transmitting the message described in clause (ii) not fewer than twice during each calendar year, the Campus Vote Coordinator shall transmit the message under such clause, and shall include on the institution's website and boost awareness on the institution's social media platforms, not fewer than 30 days prior to the deadline for registering to vote for any election for Federal, State, or local office in the State. ``(B) If the institution in its normal course of operations requests each student registering for enrollment in a course of study, including students registering for enrollment in a program of distance education, to affirm whether or not the student is a United States citizen, the institution will comply with the applicable requirements for a contributing agency under the Automatic Voter Registration Act of 2021. ``(C) If the institution is not described in subparagraph (B), the institution will comply with the requirements for a voter registration agency in the State in which it is located in accordance with section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506). ``(D) This paragraph applies only with respect to an institution which is located in a State to which section 4(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)) does not apply.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to elections held on or after January 1, 2022. (c) Grants to Institutions Demonstrating Excellence in Student Voter Registration.-- (1) Grants authorized.--The Secretary of Education may award competitive grants to public and private nonprofit institutions of higher education that are subject to the requirements of section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (a), and that the Secretary determines have demonstrated excellence in registering students to vote in elections for public office beyond meeting the minimum requirements of such section. (2) Eligibility.--An institution of higher education is eligible to receive a grant under this subsection if the institution submits to the Secretary of Education, at such time and in such form as the Secretary may require, an application containing such information and assurances as the Secretary may require to make the determination described in paragraph (1), including information and assurances that the institution carried out activities to promote voter registration by students, such as the following: (A) Sponsoring large on-campus voter mobilization efforts. (B) Engaging the surrounding community in nonpartisan voter registration and get out the vote efforts, including initiatives to facilitate the enfranchisement of groups of individuals that have historically faced barriers to voting. (C) Creating a website for students with centralized information about voter registration and election dates. (D) Inviting candidates to speak on campus. (E) Offering rides to students to the polls to increase voter education, registration, and mobilization. (3) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary to award grants under this subsection. Of the funds appropriated, the Secretary shall ensure that 25 percent is reserved for Minority Institutions described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (d) Sense of Congress Relating to Option of Students To Register in Jurisdiction of Institution of Higher Education or Jurisdiction of Domicile.--It is the sense of Congress that, as provided under existing law, students who attend an institution of higher education and reside in the jurisdiction of the institution while attending the institution should have the option of registering to vote, without being subjected to intimidation or deceptive practices, in elections for Federal office in that jurisdiction or in the jurisdiction of their own domicile. SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING PLACE CHANGES. (a) Requirements.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Minimum Notification Requirements for Voters Affected by Polling Place Changes.-- ``(1) In general.--If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote-- ``(A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election or the first day of an early voting period (whichever occurs first); or ``(B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election. ``(2) Methods of notification.--The State shall notify an individual under subparagraph (A) of paragraph (1) by mail, telephone, and (if available) text message and electronic mail, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction. ``(3) Placement of signs at closed polling places.--If a location which served as a polling place in an election for Federal office does not serve as a polling place in the next election for Federal office held in the jurisdiction involved, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction: ``(A) A statement that the location is not serving as a polling place in the election. ``(B) The locations serving as polling places in the election in the jurisdiction involved. ``(C) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. ``(4) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2021.''. (b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C. 21082(g)), as redesignated by subsection (a) and as amended by section 1601(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting ``(d)(2), (e)(2), and (f)(4)''. SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS FOR VOTING. (a) Permitting Use of Statement.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS. ``(a) Use of Statement.-- ``(1) In general.--Except as provided in subsection (c), if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement-- ``(A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity and attesting that the individual is eligible to vote in the election; or ``(B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). ``(2) Development of pre-printed version of statement by commission.--The Commission shall develop a pre-printed version of the statement described in paragraph (1)(A) which includes a blank space for an individual to provide a name and signature for use by election officials in States which are subject to paragraph (1). ``(3) Providing pre-printed copy of statement.--A State which is subject to paragraph (1) shall-- ``(A) make copies of the pre-printed version of the statement described in paragraph (1)(A) which is prepared by the Commission available at polling places for election officials to distribute to individuals who desire to vote in person; and ``(B) include a copy of such pre-printed version of the statement with each blank absentee or other ballot transmitted to an individual who desires to vote by mail. ``(b) Requiring Use of Ballot in Same Manner as Individuals Presenting Identification.--An individual who presents or submits a sworn written statement in accordance with subsection (a)(1) shall be permitted to cast a ballot in the election in the same manner as an individual who presents identification. ``(c) Exception for First-Time Voters Registering by Mail.-- Subsections (a) and (b) do not apply with respect to any individual described in paragraph (1) of section 303(b) who is required to meet the requirements of paragraph (2) of such section.''. (b) Requiring States To Include Information on Use of Sworn Written Statement in Voting Information Material Posted at Polling Places.-- Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by section 1072(b) and section 1202(b), is amended-- (1) by striking ``and'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(I) in the case of a State that has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement in accordance with section 303A.''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Permitting use of sworn written statement to meet identification requirements.''. (e) Effective Date.--The amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this Act. SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS. (a) Accommodations Described.-- (1) Designation of ballot pickup and collection locations.--Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. An Indian Tribe may designate one building per precinct located within Indian lands. The applicable State or political subdivision shall collect ballots from those locations. The applicable State or political subdivision shall provide the Indian Tribe with accurate precinct maps for all precincts located within Indian lands 60 days before the election. (2) Provision of mail-in and absentee ballots.--The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address.--The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter's precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. Voters using a tribally designated building outside of the voter's precinct may use the tribally designated building as a mailing address and may separately designate the voter's appropriate precinct through a description of the voter's address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (4) Language accessibility.--In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by subsection (b). (5) Clarification.--Nothing in this section alters the ability of an individual voter residing on Indian lands to request a ballot in a manner available to all other voters in the State. (6) Definitions.--In this section: (A) Election for federal office.--The term ``election for Federal office'' means a general, special, primary or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (B) Indian.--The term ``Indian'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (C) Indian lands.--The term ``Indian lands'' includes-- (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602)); (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (D) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (E) Tribal government.--The term ``Tribal Government'' means the recognized governing body of an Indian Tribe. (7) Enforcement.-- (A) Attorney general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection. (B) Private right of action.-- (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (ii) An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this subsection, if-- (I) that person or Tribal Government provides the notice described in clause (i); and (II)(aa) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i); or (bb) in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i). (iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). (b) Bilingual Election Requirements.--Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is amended-- (1) in subsection (b)(3)(C)), by striking ``1990'' and inserting ``2010''; and (2) by striking subsection (c) and inserting the following: ``(c) Provision of Voting Materials in the Language of a Minority Group.-- ``(1) In general.--Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. ``(2) Exceptions.-- ``(A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall only be required to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. ``(B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall only be required to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. ``(3) Written translations for election workers.-- Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform.''. (c) Effective Date.--This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. SEC. 1905. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE. (a) Establishment and Operation of Systems and Services.-- (1) State-based response systems.--The Attorney General shall coordinate the establishment of a State-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to register to vote, in elections for Federal office. Such system shall provide-- (A) State-specific, same-day, and immediate assistance to such individuals, including information on how to register to vote, the location and hours of operation of polling places, and how to obtain absentee ballots; and (B) State-specific, same-day, and immediate assistance to individuals encountering problems with registering to vote or voting, including individuals encountering intimidation or deceptive practices. (2) Hotline.--The Attorney General, in consultation with State election officials, shall establish and operate a toll- free telephone service, using a telephone number that is accessible throughout the United States and that uses easily identifiable numerals, through which individuals throughout the United States-- (A) may connect directly to the State-based response system described in paragraph (1) with respect to the State involved; (B) may obtain information on voting in elections for Federal office, including information on how to register to vote in such elections, the locations and hours of operation of polling places, and how to obtain absentee ballots; and (C) may report information to the Attorney General on problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression. (3) Collaboration with state and local election officials.-- (A) Collection of information from states.--The Attorney General shall coordinate the collection of information on State and local election laws and policies, including information on the statewide computerized voter registration lists maintained under title III of the Help America Vote Act of 2002, so that individuals who contact the free telephone service established under paragraph (2) on the date of an election for Federal office may receive an immediate response on that day. (B) Forwarding questions and complaints to states.--If an individual contacts the free telephone service established under paragraph (2) on the date of an election for Federal office with a question or complaint with respect to a particular State or jurisdiction within a State, the Attorney General shall forward the question or complaint immediately to the appropriate election official of the State or jurisdiction so that the official may answer the question or remedy the complaint on that date. (4) Consultation requirements for development of systems and services.--The Attorney General shall ensure that the State-based response system under paragraph (1) and the free telephone service under paragraph (2) are each developed in consultation with civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations, especially those that have experience in the operation of similar systems and services. (b) Use of Service by Individuals With Disabilities and Individuals With Limited English Language Proficiency.--The Attorney General shall design and operate the telephone service established under this section in a manner that ensures that individuals with disabilities are fully able to use the service, and that assistance is provided in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (c) Voter Hotline Task Force.-- (1) Appointment by attorney general.--The Attorney General shall appoint individuals (in such number as the Attorney General considers appropriate but in no event fewer than 3) to serve on a Voter Hotline Task Force to provide ongoing analysis and assessment of the operation of the telephone service established under this section, and shall give special consideration in making appointments to the Task Force to individuals who represent civil rights organizations. At least one member of the Task Force shall be a representative of an organization promoting voting rights or civil rights which has experience in the operation of similar telephone services or in protecting the rights of individuals to vote, especially individuals who are members of racial, ethnic, or linguistic minorities or of communities who have been adversely affected by efforts to suppress voting rights. (2) Eligibility.--An individual shall be eligible to serve on the Task Force under this subsection if the individual meets such criteria as the Attorney General may establish, except that an individual may not serve on the task force if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression. (3) Term of service.--An individual appointed to the Task Force shall serve a single term of 2 years, except that the initial terms of the members first appointed to the Task Force shall be staggered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in the membership of the Task Force shall be filled in the same manner as the original appointment. (4) No compensation for service.--Members of the Task Force shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (d) Bi-Annual Report to Congress.--Not later than March 1 of each odd-numbered year, the Attorney General shall submit a report to Congress on the operation of the telephone service established under this section during the previous 2 years, and shall include in the report-- (1) an enumeration of the number and type of calls that were received by the service; (2) a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression, together with a description of any actions taken in response to such instances of voter intimidation or suppression; (3) an assessment of the effectiveness of the service in making information available to all households in the United States with telephone service; (4) any recommendations developed by the Task Force established under subsection (c) with respect to how voting systems may be maintained or upgraded to better accommodate voters and better ensure the integrity of elections, including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements; and (5) any recommendations on best practices for the State- based response systems established under subsection (a)(1). (e) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to the Attorney General for fiscal year 2021 and each succeeding fiscal year such sums as may be necessary to carry out this section. (2) Set-aside for outreach.--Of the amounts appropriated to carry out this section for a fiscal year pursuant to the authorization under paragraph (1), not less than 15 percent shall be used for outreach activities to make the public aware of the availability of the telephone service established under this section, with an emphasis on outreach to individuals with disabilities and individuals with limited proficiency in the English language. SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING PLACES. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), and section 1623(a), is amended-- (1) by redesignating sections 310 and 311 as sections 311 and 312; and (2) by inserting after section 309 the following new section: ``SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING PLACES. ``(a) Preventing Unreasonable Waiting Times for Voters.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(G) The type of voting systems used. ``(H) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. ``(3) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(4) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(5) Effective date.--This subsection shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection, without regard to whether or not the Commission has established and published guidelines under paragraph (4). ``(b) Limiting Variations on Number of Hours of Operation of Polling Places Within a State.-- ``(1) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. ``(B) Permitting variance on basis of population.-- Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. ``(2) Exceptions for polling places with hours established by units of local government.--Paragraph (1) does not apply in the case of a polling place-- ``(A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or ``(B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. ``(c) Minimum Hours of Operation Outside of Typical Working Hours.--Each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that no polling place is open for less than a total of 4 hours outside of the hours between 9:00 a.m. and 5:00 p.m. in time zone in which the polling place is located.''. (b) Study of Methods To Enforce Fair and Equitable Waiting Times.-- (1) Study.--The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 310(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report.--Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1). (c) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), and section 1623(a), is amended-- (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312; and (2) by inserting after the item relating to section 309 the following new item: ``Sec. 310. Ensuring equitable and efficient operation of polling places.''. SEC. 1907. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), and section 1906(a), is amended-- (1) by redesignating sections 311 and 312 as sections 312 and 313; and (2) by inserting after section 310 the following new section: ``SEC. 311. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS. ``(a) Requiring Use of Drop Boxes.--In each county in the State, each State shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted absentee ballots in an election for Federal office. ``(b) Minimum Period for Availability of Drop Boxes.--The period described in this subsection is, with respect to an election, the period which begins 45 days before the date of the election and which ends at the time the polls close for the election in the county involved. ``(c) Accessibility.-- ``(1) In general.--Each State shall ensure that the drop boxes provided under this section are accessible for use-- ``(A) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of the State; ``(B) by individuals with limited proficiency in the English language; and ``(C) by homeless individuals (as defined in section 103 of the McKinney-Vento Homeless Assistance Act of 1987 (42 U.S.C. 11302)) of the State. ``(2) Determination of accessibility for individuals with disabilities.--For purposes of this subsection, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. ``(3) Rule of construction.--If a State provides a drop box under this section on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language. ``(d) Number of Drop Boxes.-- ``(1) Formula for determination of number.--The number of drop boxes provided under this section in a county with respect to an election shall be determined as follows: ``(A) In the case of a county in which the number of individuals who are residents of the county and who are registered to vote in the election is equal to or greater than 20,000, the number of drop boxes shall be a number equal to or greater than the number of such individuals divided by 20,000 (rounded to the nearest whole number). ``(B) In the case of any other county, the number of drop boxes shall be equal to or greater than one. ``(C) The State shall ensure that the number of drop boxes provided is sufficient to provide a reasonable opportunity for voters to submit their voted ballots in a timely manner. ``(2) Timing.--For purposes of this subsection, the number of individuals who reside in a county and who are registered to vote in the election shall be determined as of the 90th day before the date of the election. ``(e) Location of Drop Boxes.--The State shall determine the location of drop boxes provided under this section in a county on the basis of criteria which ensure that the drop boxes are-- ``(1) available to all voters on a non-discriminatory basis; ``(2) accessible to voters with disabilities (in accordance with subsection (c)); ``(3) accessible by public transportation to the greatest extent possible; ``(4) available during all hours of the day; ``(5) sufficiently available in all communities in the county, including rural communities and on Tribal lands within the county (subject to subsection (f)); and ``(6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. ``(f) Rules for Drop Boxes on Tribal Lands.--In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a county, the appropriate State and local election officials shall-- ``(1) consult with Tribal leaders prior to making the determination; and ``(2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. ``(g) Timing of Scanning and Processing of Ballots.--For purposes of section 306(e) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as any other vote cast during early voting. ``(h) Posting of Information.--On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. ``(i) Remote Surveillance Permitted.--The State may provide for the security of drop boxes through remote or electronic surveillance. ``(j) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), and section 1906(c), is amended-- (1) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313; and (2) by inserting after the item relating to section 310 the following new item: ``Sec. 311. Use of secured drop boxes for voted absentee ballots.''. SEC. 1908. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), section 1906(a), and section 1907(a), is amended-- (1) by redesignating sections 312 and 313 as sections 313 and 314; and (2) by inserting after section 311 the following new section: ``SEC. 312. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING. ``(a) Prohibition.--A State may not-- ``(1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or ``(2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), section 1906(c), and section 1907(b), is amended-- (1) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314; and (2) by inserting after the item relating to section 311 the following new item: ``Sec. 312. Prohibiting States from restricting curbside voting.''. SEC. 1909. ELECTION DAY AS LEGAL PUBLIC HOLIDAY. (a) In General.--Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day the following: ``Election Day, the Tuesday next after the first Monday in November of every even-numbered year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2022 or any succeeding year. SEC. 1910. GAO STUDY ON VOTER TURNOUT RATES. The Comptroller General of the United States shall conduct a study on voter turnout rates delineated by age in States and localities that permit voters to participate in elections before reaching the age of 18, with a focus on localities that permit voting upon reaching the age of 16. SEC. 1910A. STUDY ON RANKED-CHOICE VOTING. (a) Study.--The Comptroller General shall conduct a study on the implementation and impact of ranked-choice voting in States and localities with a focus on how to best implement a model for Federal elections nationwide. The study shall include the impact on voter turnout, negative campaigning, and who decides to run for office. (b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall transmit to Congress a report on the study conducted under subsection (a), including any recommendations on how to best implement a ranked-choice voting for Federal elections nationwide. PART 2--DISASTER AND EMERGENCY CONTINGENCY PLANS SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN RESPONSE TO NATURAL DISASTERS AND EMERGENCIES. (a) In General.-- (1) Establishment.--Not later than 90 days after the date of the enactment of this Act, each State and each jurisdiction in a State which is responsible for administering elections for Federal office shall establish and make publicly available a contingency plan to enable individuals to vote in elections for Federal office during a state of emergency, public health emergency, or national emergency which has been declared for reasons including-- (A) a natural disaster; or (B) an infectious disease. (2) Updating.--Each State and jurisdiction shall update the contingency plan established under this subsection not less frequently than every 5 years. (b) Requirements Relating to Safety.--The contingency plan established under subsection (a) shall include initiatives to provide equipment and resources needed to protect the health and safety of poll workers and voters when voting in person. (c) Requirements Relating to Recruitment of Poll Workers.--The contingency plan established under subsection (a) shall include initiatives by the chief State election official and local election officials to recruit poll workers from resilient or unaffected populations, which may include-- (1) employees of other State and local government offices; and (2) in the case in which an infectious disease poses significant increased health risks to elderly individuals, students of secondary schools and institutions of higher education in the State. (d) Enforcement.-- (1) Attorney general.--The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements of this section. (2) Private right of action.-- (A) In general.--In the case of a violation of this section, any person who is aggrieved by such violation may provide written notice of the violation to the chief election official of the State involved. (B) Relief.--If the violation is not corrected within 20 days after receipt of a notice under subparagraph (A), or within 5 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (C) Special rule.--If the violation occurred within 5 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State involved under subparagraph (A) before bringing a civil action under subparagraph (B). (e) Definitions.-- (1) Election for federal office.--For purposes of this section, the term ``election for Federal office'' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (2) State.--For purposes of this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. PART 3--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION. Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended-- (1) by striking ``for each of the fiscal years 2003 through 2005'' and inserting ``for fiscal year 2021 and each succeeding fiscal year''; and (2) by striking ``(but not to exceed $10,000,000 for each such year)''. SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION SURVEYS. (a) Requirement.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1903(a), is further amended by inserting after section 303A the following new section: ``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS. ``(a) Requirement.--Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and any succeeding election.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1903(c), is further amended by inserting after the item relating to section 303A the following new item: ``Sec. 303B. Requiring participation in post-general election surveys.''. SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE COMMISSION. (a) Requiring Reports on Use Funds as Condition of Receipt.-- Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection: ``(e) Report on Use of Funds Transferred From Commission.--To the extent that funds are transferred from the Commission to the Director of the National Institute of Standards and Technology for purposes of carrying out this section during any fiscal year, the Director may not use such funds unless the Director certifies at the time of transfer that the Director will submit a report to the Commission not later than 90 days after the end of the fiscal year detailing how the Director used such funds during the year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2022 and each succeeding fiscal year. SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE COMMISSION. (a) Assessment of Information Technology and Cybersecurity.--Not later than December 31, 2021, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission's information technology systems, including the cybersecurity of such systems. (b) Improvements to Administrative Complaint Procedures.-- (1) Review of procedures.--The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 (52 U.S.C. 21112) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures.--Not later than December 31, 2021, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. SEC. 1925. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS. (a) In General.--Section 205 of the Help America Vote Act of 2002 (52 U.S.C. 20925) is amended by striking subsection (e). (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. PART 4--MISCELLANEOUS PROVISIONS SEC. 1931. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO TERRITORIES OF THE UNITED STATES. (a) National Voter Registration Act of 1993.--Section 3(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended by striking ``States and the District of Columbia'' and inserting ``States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. (b) Help America Vote Act of 2002.-- (1) Coverage of commonwealth of the northern mariana islands.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. (2) Conforming amendments to help america vote act of 2002.--Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended by striking ``and American Samoa'' and inserting ``American Samoa, and the Commonwealth of the Northern Mariana Islands''. (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by striking ``or the United States Virgin Islands'' and inserting ``the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands''. (3) Conforming amendment relating to consultation of help america vote foundation with local election officials.--Section 90102(c) of title 36, United States Code, is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. SEC. 1932. DEFINITION OF ELECTION FOR FEDERAL OFFICE. (a) Definition.--Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section: ``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. ``For purposes of titles I through III, the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: ``Sec. 907. Election for Federal office defined.''. SEC. 1933. AUTHORIZING PAYMENTS TO VOTING ACCESSIBILITY PROTECTION AND ADVOCACY SYSTEMS SERVING THE AMERICAN INDIAN CONSORTIUM. (a) Recipients Defined.--Section 291 of the Help America Vote Act of 2002 (52 U.S.C. 21061) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) American Indian Consortium Eligibility.--A system serving the American Indian Consortium for which funds have been reserved under section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)) shall be eligible for payments under subsection (a) in the same manner as a protection and advocacy system of a State.''. (b) Grant Minimums for American Indian Consortium.--Section 291(b) of such Act (52 U.S.C. 21061(b)) is amended-- (1) by inserting ``(c)(1)(B),'' after ``as set forth in subsections''; and (2) by striking ``subsections (c)(3)(B) and (c)(4)(B) of that section shall be not less than $70,000 and $35,000, respectively'' and inserting ``subsection (c)(3)(B) shall not be less than $70,000, and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) shall not be less than $35,000''. (c) Effective Date.--The amendments made by this section shall take effect at the start of the first fiscal year following the date of enactment of this Act. SEC. 1934. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES OF THE UNITED STATES. (a) Intimidation of Voters.--Section 594 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. (b) Interference by Government Employees.--Section 595 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. (c) Voting by Noncitizens.--Section 611(a) of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. SEC. 1935. PLACEMENT OF STATUES OF CITIZENS OF TERRITORIES OF THE UNITED STATES IN STATUARY HALL. (a) In General.--Section 1814 of the Revised Statutes of the United States (2 U.S.C. 2131) is amended by adding at the end the following new sentence: ``For purposes of this section, the term `State' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, and the term `citizen' includes a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. (b) Conforming Amendment Relating to Procedures for Replacement of Statues.--Section 311 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132) is amended by adding at the end the following new subsection: ``(f) For purposes of this section, the term `State' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.''. SEC. 1936. NO EFFECT ON OTHER LAWS. (a) In General.--Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (4) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (b) No Effect on Preclearance or Other Requirements Under Voting Rights Act.--The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act. (c) No Effect on Authority of States To Provide Greater Opportunities for Voting.--Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. SEC. 1937. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER REGISTRATION. To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. PART 5--VOTER NOTICE SEC. 1941. SHORT TITLE. This part may be cited as the ``Voter Notification of Timely Information about Changes in Elections Act'' or the ``Voter Notice Act''. SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN EVENT OF CHANGES IN ELECTIONS IN RESPONSE TO EMERGENCIES. (a) Requirement for Election Officials to Conduct Campaigns.-- Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a) and section 1901(a), is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: ``(g) Public Education Campaigns in Event of Changes in Elections in Response to Emergencies.-- ``(1) Requirement.--If the administration of an election for Federal office, including the methods of voting or registering to vote in the election, is changed in response to an emergency affecting public health and safety, the appropriate State or local election official shall conduct a public education campaign through at least one direct mailing to each individual who is registered to vote in the election, and through additional direct mailings, newspaper advertisements, broadcasting (including through television, radio, satellite, and the Internet), and social media, to notify individuals who are eligible to vote or to register to vote in the election of the changes. ``(2) Frequency and methods of providing information.--The election official shall carry out the public education campaign under this subsection at such frequency, and using such methods, as will have the greatest likelihood of providing timely knowledge of the change in the administration of the election to those individuals who will be most adversely affected by the change. ``(3) Language accessibility.--In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), the appropriate election official shall ensure that the information disseminated under a public education campaign conducted under this subsection is provided in the language of the applicable minority group as well as in the English language, as required by section 203 of such Act. ``(4) Effective date.--This subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Effective Date.--Section 302(h) of such Act (52 U.S.C. 21082(h)), as redesignated by subsection (a) and as amended by section 1601(b) and section 1901(b), is amended by striking ``and (f)(4)'' and inserting ``(f)(4), and (g)(4)''. SEC. 1943. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), section 1906(a), section 1907(a), and 1908(a), is amended-- (1) by redesignating sections 313 and 314 as sections 314 and 315; and (2) by inserting after section 312 the following new section: ``SEC. 313. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS. ``(a) Accessibility.--Each State and local election official shall ensure that the official public website of the official is fully accessible for individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation as the website provides for other individuals. ``(b) Continuing Operation in Case of Emergencies.-- ``(1) Establishment of best practices.-- ``(A) In general.--The Director of the National Institute of Standards and Technology shall establish and regularly update best practices for ensuring the continuing operation of the official public websites of State and local election officials during emergencies affecting public health and safety. ``(B) Deadline.--The Director shall first establish the best practices required under this paragraph as soon as practicable after the date of the enactment of this section, but in no case later than August 15, 2021. ``(2) Requiring websites to meet best practices.--Each State and local election official shall ensure that the official public website of the official is in compliance with the best practices established by the Director of the National Institute of Standards and Technology under paragraph (2). ``(c) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Adoption of Voluntary Guidance by Election Assistance Commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b) and section 1611(b), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) in the case of the recommendations with respect to section 304, as soon as practicable after the date of the enactment of this paragraph, but in no case later than August 15, 2021.''. (c) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), section 1906(c), section 1907(b), and section 1908(b), is amended-- (1) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (2) by inserting after the item relating to section 312 the following new item: ``Sec. 313. Requirements for websites of election officials.''. SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO STATES FOR COSTS OF COMPLIANCE. (b) Availability of Payments.--Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section: ``SEC. 907. PAYMENTS FOR COSTS OF COMPLIANCE WITH CERTAIN REQUIREMENTS RELATING TO PUBLIC NOTIFICATION. ``(a) Payments.-- ``(1) Availability and use of payments.--The Commission shall make a payment to each eligible State to cover the costs the State incurs or expects to incur in meeting the requirements of section 302(g) (relating to public education campaigns in event of changes in elections in response to emergencies) and section 313 (relating to requirements for the websites of election officials). ``(2) Schedule of payments.--As soon as practicable after the date of the enactment of this section, and not less frequently than once each calendar year thereafter, the Commission shall make payments under this section. ``(3) Administration of payments.--The chief State election official of the State shall receive the payment made to a State under this section, and may use the payment for the purposes set forth in this section without intervening action by the legislature of the State. ``(b) Amount of Payment.-- ``(1) In general.--The amount of a payment made to an eligible State for a year under this section shall be determined by the Commission on the basis of the information provided by the State in its application under subsection (c). ``(2) Continuing availability of funds after appropriation.--A payment made to an eligible State under this section shall be available without fiscal year limitation. ``(c) Requirements for Eligibility.-- ``(1) Application.--Each State that desires to receive a payment under this section for a fiscal year shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. ``(2) Contents of application.--Each application submitted under paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide an estimate of the costs the State has incurred or expects to incur in carrying out the provisions described in subsection (a), together with such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated for payments under this section such sums as may be necessary for each of the fiscal years 2022 through 2025. ``(e) Reports.-- ``(1) Reports by recipients.--Not later than the 6 months after the end of each fiscal year for which an eligible State received a payment under this section, the State shall submit a report to the Commission on the activities conducted with the funds provided during the year. ``(2) Reports by commission to committees.--With respect to each fiscal year for which the Commission makes payments under this section, the Commission shall submit a report on the activities carried out under this part to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.''. (c) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title IX the following: ``Sec. 907. Payments for costs of compliance with certain requirements relating to public notification.''. Subtitle O--Severability SEC. 1951. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE II--ELECTION INTEGRITY Subtitle A--Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B--Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C--Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D--Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States. Subtitle E--Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. Part 1--Requirements for Congressional Redistricting Sec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission. Sec. 2402. Ban on mid-decade redistricting. Sec. 2403. Criteria for redistricting. Part 2--Independent Redistricting Commissions Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2413. Public notice and input. Sec. 2414. Establishment of related entities. Sec. 2415. Report on diversity of memberships of independent redistricting commissions. Part 3--Role of Courts in Development of Redistricting Plans Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. Part 4--Administrative and Miscellaneous Provisions Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. Part 5--Requirements for Redistricting Carried Out Pursuant to 2020 Census subpart a--application of certain requirements for redistricting carried out pursuant to 2020 census Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. Sec. 2442. Triggering events. subpart b--independent redistricting commissions for redistricting carried out pursuant to 2020 census Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2453. Criteria for redistricting plan; public notice and input. Sec. 2454. Establishment of related entities. Sec. 2455. Report on diversity of memberships of independent redistricting commissions. Subtitle F--Saving Eligible Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G--No Effect on Authority of States To Provide Greater Opportunities for Voting Sec. 2601. No effect on authority of States to provide greater opportunities for voting. Subtitle H--Residence of Incarcerated Individuals Sec. 2701. Residence of incarcerated individuals. Subtitle I--Findings Relating to Youth Voting Sec. 2801. Findings relating to youth voting. Subtitle J--Severability Sec. 2901. Severability. Subtitle A--Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CONGRESS TO RESTORE THE VOTING RIGHTS ACT. (a) Findings.--Congress finds the following: (1) The right to vote for all Americans is a fundamental right guaranteed by the United States Constitution. (2) Federal, State, and local governments should protect the right to vote and promote voter participation across all demographics. (3) The Voting Rights Act has empowered the Department of Justice and Federal courts for nearly a half a century to block discriminatory voting practices before their implementation in States and localities with the most troubling histories, ongoing records of racial discrimination, and demonstrations of lower participation rates for protected classes. (4) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation's democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and enact suppressive laws that block access to the franchise for communities of color which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low- income Americans. (5) The Supreme Court's decision in Shelby County v. Holder (570 U.S. 529 (2013)), gutted decades-long Federal protections for communities of color and language-minority populations facing ongoing discrimination, emboldening States and local jurisdictions to pass voter suppression laws and implement procedures, like those requiring photo identification, limiting early voting hours, eliminating same-day registration, purging voters from the rolls, and reducing the number of polling places. (6) Racial discrimination in voting is a clear and persistent problem. The actions of States and localities around the country post-Shelby County, including at least 10 findings by Federal courts of intentional discrimination, underscored the need for Congress to conduct investigatory and evidentiary hearings to determine the legislation necessary to restore the Voting Rights Act and combat continuing efforts in America that suppress the free exercise of the franchise in Black and other communities of color. (7) Evidence of discriminatory voting practice spans from decades ago through to the past several election cycles. The 2018 midterm elections, for example, demonstrated ongoing discrimination in voting. (8) During the 116th Congress, congressional committees in the House of Representatives held numerous hearings, collecting substantial testimony and other evidence which underscored the need to pass a restoration of the Voting Rights Act. (9) On December 6, 2019, the House of Representatives passed the John R. Lewis Voting Rights Advancement Act, which would restore and modernize the Voting Rights Act, in accordance with language from the Shelby County decision. Congress reaffirms that the barriers faced by too many voters across this Nation when trying to cast their ballot necessitate reintroduction of many of the protections once afforded by the Voting Rights Act. (10) The 2020 primary and general elections provide further evidence that systemic voter discrimination and intimidation continues to occur in communities of color across the country, making it clear that full access to the franchise will not be achieved until Congress restores key provisions of the Voting Rights Act. (11) As of late-February 2021, 43 States had introduced, prefiled, or carried over 253 bills to restrict voting access that, primarily, limit mail voting access, impose stricter voter ID requirements, slash voter registration opportunities, and/or enable more aggressive voter roll purges. (b) Purposes.--The purposes of this Act are as follows: (1) To improve access to the ballot for all citizens. (2) To establish procedures by which States and localities, in accordance with past actions, submit voting practice changes for preclearance by the Federal Government. (3) To enhance the integrity and security of our voting systems. (4) To ensure greater accountability for the administration of elections by States and localities. (5) To restore protections for voters against practices in States and localities plagued by the persistence of voter disenfranchisement. (6) To ensure that Federal civil rights laws protect the rights of voters against discriminatory and deceptive practices. Subtitle B--Findings Relating to Native American Voting Rights SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOTING RIGHTS. Congress finds the following: (1) The right to vote for all Americans is sacred. Congress must fulfill the Federal Government's trust responsibility to protect and promote Native Americans' exercise of their fundamental right to vote, including equal access to voter registration voting mechanisms and locations, and the ability to serve as election officials. (2) The Native American Voting Rights Coalition's four- State survey of voter discrimination (2016) and nine field hearings in Indian Country (2017-2018) revealed obstacles that Native Americans must overcome, including a lack of accessible and proximate registration and polling sites, nontraditional addresses for residents on Indian reservations, inadequate language assistance for Tribal members, and voter identification laws that discriminate against Native Americans. The Department of Justice and courts have recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized Indian Tribes for more accessible and proximate voter registration sites and in-person voting locations. (3) The 2018 midterm and 2020 general elections provide further evidence that systemic voter discrimination and intimidation continues to occur in communities of color and Tribal lands across the country, making it clear that democracy reform cannot be achieved until Congress restores key provisions of the Voting Rights Act and passes additional protections. (4) Congress has broad, plenary authority to enact legislation to safeguard the voting rights of Native American voters. (5) Congress must conduct investigatory and evidentiary hearings to determine the necessary legislation to restore the Voting Rights Act and combat continuous efforts that suppress the voter franchise within Tribal lands, to include, but not to be limited to, the Native American Voting Rights Act (NAVRA) and the Voting Rights Advancement Act (VRAA). Subtitle C--Findings Relating to District of Columbia Statehood SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA STATEHOOD. Congress finds the following: (1) The 705,000 District of Columbia residents deserve voting representation in Congress and local self-government, which only statehood can provide. (2) The United States is the only democratic country that denies both voting representation in the national legislature and local self-government to the residents of its Nation's capital. (3) There are no constitutional, historical, fiscal, or economic reasons why the Americans who live in the District of Columbia should not be granted statehood. (4) Since the founding of the United States, the residents of the District of Columbia have always carried all of the obligations of citizenship, including serving in all of the Nation's wars and paying Federal taxes, but have been denied voting representation in Congress and freedom from congressional interference in purely local matters. (5) The District of Columbia pays more Federal taxes per capita than any State and more Federal taxes than 22 States. (6) The District of Columbia has a larger population than 2 States (Wyoming and Vermont), and 6 States have a population under one million. (7) The District of Columbia has a larger budget than 12 States. (8) The Constitution of the United States gives Congress the authority to admit new States (clause 1, section 3, article IV) and reduce the size of the seat of the Government of the United States (clause 17, section 8, article I). All 37 new States have been admitted by an Act of Congress, and Congress has previously reduced the size of the seat of the Government of the United States. (9) On June 26, 2020, by a vote of 232-180, the House of Representatives passed H.R. 51, the Washington, D.C. Admission Act, which would have admitted the State of Washington, Douglass Commonwealth from the residential portions of the District of Columbia and reduced the size of the seat of the Government of the United States to the United States Capitol, the White House, the United States Supreme Court, the National Mall, and the principal Federal monuments and buildings. Subtitle D--Territorial Voting Rights SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS. Congress finds the following: (1) The right to vote is one of the most powerful instruments residents of the territories of the United States have to ensure that their voices are heard. (2) These Americans have played an important part in the American democracy for more than 120 years. (3) Political participation and the right to vote are among the highest concerns of territorial residents in part because they were not always afforded these rights. (4) Voter participation in the territories consistently ranks higher than many communities on the mainland. (5) Territorial residents serve and die, on a per capita basis, at a higher rate in every United States war and conflict since WWI, as an expression of their commitment to American democratic principles and patriotism. SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING RIGHTS OF UNITED STATES CITIZEN RESIDENTS OF TERRITORIES OF THE UNITED STATES. (a) Establishment.--There is established within the legislative branch a Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States (in this section referred to as the ``Task Force''). (b) Membership.--The Task Force shall be composed of 12 members as follows: (1) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Natural Resources of the House of Representatives. (2) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on the Judiciary of the House of Representatives. (3) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on House Administration of the House of Representatives. (4) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Natural Resources of the House of Representatives. (5) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on the Judiciary of the House of Representatives. (6) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on House Administration of the House of Representatives. (7) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Energy and Natural Resources of the Senate. (8) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on the Judiciary of the Senate. (9) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Rules and Administration of the Senate. (10) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on Energy and Natural Resources of the Senate. (11) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on the Judiciary of the Senate. (12) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on Rules and Administration of the Senate. (c) Deadline for Appointment.--All appointments to the Task Force shall be made not later than 30 days after the date of enactment of this Act. (d) Chair.--The Speaker shall designate one Member to serve as chair of the Task Force. (e) Vacancies.--Any vacancy in the Task Force shall be filled in the same manner as the original appointment. (f) Status Update.--Between September 1, 2021, and September 30, 2021, the Task Force shall provide a status update to the House of Representatives and the Senate that includes-- (1) information the Task Force has collected; and (2) a discussion on matters that the chairman of the Task Force deems urgent for consideration by Congress. (g) Report.--Not later than December 31, 2021, the Task Force shall issue a report of its findings to the House of Representatives and the Senate regarding-- (1) the economic and societal consequences (through statistical data and other metrics) that come with political disenfranchisement of United States citizens in territories of the United States; (2) impediments to full and equal voting rights for United States citizens who are residents of territories of the United States in Federal elections, including the election of the President and Vice President of the United States; (3) impediments to full and equal voting representation in the House of Representatives for United States citizens who are residents of territories of the United States; (4) recommended changes that, if adopted, would allow for full and equal voting rights for United States citizens who are residents of territories of the United States in Federal elections, including the election of the President and Vice President of the United States; (5) recommended changes that, if adopted, would allow for full and equal voting representation in the House of Representatives for United States citizens who are residents of territories of the United States; and (6) additional information the Task Force deems appropriate. (h) Consensus Views.--To the greatest extent practicable, the report issued under subsection (g) shall reflect the shared views of all 12 Members, except that the report may contain dissenting views. (i) Hearings and Sessions.--The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (j) Stakeholder Participation.--In carrying out its duties, the Task Force shall consult with the governments of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (k) Resources.--The Task Force shall carry out its duties by utilizing existing facilities, services, and staff of the House of Representatives and the Senate. (l) Termination.--The Task Force shall terminate upon issuing the report required under subsection (g). Subtitle E--Redistricting Reform SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY. (a) Short Title.--This subtitle may be cited as the ``Redistricting Reform Act of 2021''. (b) Finding of Constitutional Authority.--Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. PART 1--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF INDEPENDENT STATE COMMISSION. (a) Use of Plan Required.--Notwithstanding any other provision of law, and except as provided in subsection (c) and subsection (d), any congressional redistricting conducted by a State shall be conducted in accordance with-- (1) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State, in accordance with part 2; or (2) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court, in accordance with section 2421. (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner provided by the law thereof'' and inserting: ``in the manner provided by the Redistricting Reform Act of 2021''. (c) Special Rule for Existing Commissions.--Subsection (a) does not apply to any State in which, under law in effect continuously on and after the date of the enactment of this Act, congressional redistricting is carried out in accordance with a plan developed and approved by an independent redistricting commission which is in compliance with each of the following requirements: (1) Publicly available application process.--Membership on the commission is open to citizens of the State through a publicly available application process. (2) Disqualifications for government service and political appointment.--Individuals who, for a covered period of time as established by the State, hold or have held public office, individuals who are or have been candidates for elected public office, and individuals who serve or have served as an officer, employee, or paid consultant of a campaign committee of a candidate for public office are disqualified from serving on the commission. (3) Screening for conflicts.--Individuals who apply to serve on the commission are screened through a process that excludes persons with conflicts of interest from the pool of potential commissioners. (4) Multi-partisan composition.--Membership on the commission represents those who are affiliated with the two political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State, as well as those who are unaffiliated with any party or who are affiliated with political parties other than the two political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State. (5) Criteria for redistricting.--Members of the commission are required to meet certain criteria in the map drawing process, including minimizing the division of communities of interest and a ban on drawing maps to favor a political party. (6) Public input.--Public hearings are held and comments from the public are accepted before a final map is approved. (7) Broad-based support for approval of final plan.--The approval of the final redistricting plan requires a majority vote of the members of the commission, including the support of at least one member of each of the following: (A) Members who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) Members who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) Members who are not affiliated with any political party or who are affiliated with political parties other than the political parties described in subparagraphs (A) and (B). (d) Treatment of State of Iowa.--Subsection (a) does not apply to the State of Iowa, so long as congressional redistricting in such State is carried out in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, under law which was in effect for the most recent congressional redistricting carried out in the State prior to the date of the enactment of this Act and which remains in effect continuously on and after the date of the enactment of this Act. SEC. 2402. BAN ON MID-DECADE REDISTRICTING. A State that has been redistricted in accordance with this subtitle and a State described in section 2401(c) or section 2401(d) may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the Constitution of the State, or the terms or conditions of this subtitle. SEC. 2403. CRITERIA FOR REDISTRICTING. (a) Criteria.--Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), including by creating any districts where two or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district's citizen voting age population. (4) Districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable and after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area with recognized similarities of interests, including but not limited to ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term communities of interest may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts, but shall not include common relationships with political parties or political candidates. (b) No Favoring or Disfavoring of Political Parties.-- (1) Prohibition.--The redistricting plan enacted by a State shall not, when considered on a Statewide basis, be drawn with the intent or the effect of unduly favoring or disfavoring any political party. (2) Determination of effect.-- (A) Totality of circumstances.--For purposes of paragraph (1), the determination of whether a redistricting plan has the effect of unduly favoring or disfavoring a political party shall be based on the totality of circumstances, including evidence regarding the durability and severity of a plan's partisan bias. (B) Plans deemed to have effect of unduly favoring or disfavoring a political party.--Without limiting other ways in which a redistricting plan may be determined to have the effect of unduly favoring or disfavoring a political party under the totality of circumstances under subparagraph (A), a redistricting plan shall be deemed to have the effect of unduly favoring or disfavoring a political party if-- (i) modeling based on relevant historical voting patterns shows that the plan is statistically likely to result in a partisan bias of more than one seat in States with 20 or fewer congressional districts or a partisan bias of more than 2 seats in States with more than 20 congressional districts, as determined using quantitative measures of partisan fairness, which may include, but are not limited to, the seats-to-votes curve for an enacted plan, the efficiency gap, the declination, partisan asymmetry, and the mean- median difference, and (ii) alternative plans, which may include, but are not limited to, those generated by redistricting algorithms, exist that could have complied with the requirements of law and not been in violation of paragraph (1). (3) Determination of intent.--For purposes of paragraph (A), a rebuttable presumption shall exist that a redistricting plan enacted by the legislature of a State was not enacted with the intent of unduly favoring or disfavoring a political party if the plan was enacted with the support of at least a third of the members of the second largest political party in each house of the legislature. (4) No violation based on certain criteria.--No redistricting plan shall be found to be in violation of paragraph (1) because of partisan bias attributable to the application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (a), unless one or more alternative plans could have complied with such paragraphs without having the effect of unduly favoring or disfavoring a political party. (c) Factors Prohibited From Consideration.--In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (a), subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 2413(d): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (d) Applicability.--This section applies to any authority, whether appointed, elected, judicial, or otherwise, that designs or enacts a congressional redistricting plan of a State. (e) Severability of Criteria.--If any of the criteria set forth in this section, or the application of such criteria to any person or circumstance, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person or circumstance, shall not be affected by the holding. PART 2--INDEPENDENT REDISTRICTING COMMISSIONS SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. (a) Appointment of Members.-- (1) In general.--The nonpartisan agency established or designated by a State under section 2414(a) shall establish an independent redistricting commission for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than October 1 of a year ending in the numeral zero, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). (B) Not later than November 15 of a year ending in the numeral zero, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). (2) Rules for appointment of members appointed by first members.-- (A) Affirmative vote of at least 4 members.--The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1), as well as the designation of alternates for such members pursuant to subparagraph (B) of paragraph (3) and the appointment of alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity.--In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), as well as in designating alternates pursuant to subparagraph (B) of paragraph (3) and in appointing alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State's redistricting plan. (3) Designation of alternates to serve in case of vacancies.-- (A) Members appointed by agency.--At the time the agency appoints the members of the independent redistricting commission under subparagraph (A) of paragraph (1) from each of the categories referred to in such subparagraph, the agency shall, on a random basis, designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (B) Members appointed by first members.--At the time the members appointed by the agency appoint the other members of the independent redistricting commission under subparagraph (B) of paragraph (1) from each of the categories referred to in such subparagraph, the members shall, in accordance with the special rules described in paragraph (2), designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (4) Appointment of alternates to serve in case of vacancies.-- (A) Members appointed by agency.--If a vacancy occurs in the commission with respect to a member who was appointed by the nonpartisan agency under subparagraph (A) of paragraph (1) from one of the categories referred to in such subparagraph, the agency shall fill the vacancy by appointing, on a random basis, one of the 2 alternates from such category who was designated under subparagraph (A) of paragraph (3). At the time the agency appoints an alternate to fill a vacancy under the previous sentence, the agency shall designate, on a random basis, another individual from the same category to serve as an alternate member, in accordance with subparagraph (A) of paragraph (3). (B) Members appointed by first members.--If a vacancy occurs in the commission with respect to a member who was appointed by the first members of the commission under subparagraph (B) of paragraph (1) from one of the categories referred to in such subparagraph, the first members shall, in accordance with the special rules described in paragraph (2), fill the vacancy by appointing one of the 2 alternates from such category who was designated under subparagraph (B) of paragraph (3). At the time the first members appoint an alternate to fill a vacancy under the previous sentence, the first members shall, in accordance with the special rules described in paragraph (2), designate another individual from the same category to serve as an alternate member, in accordance with subparagraph (B) of paragraph (3). (5) Removal.--A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2412(a). (b) Procedures for Conducting Commission Business.-- (1) Chair.--Members of an independent redistricting commission established under this section shall select by majority vote one member who was appointed from the independent category of the approved selection pool described in section 2412(b)(1)(C) to serve as chair of the commission. The commission may not take any action to develop a redistricting plan for the State under section 2413 until the appointment of the commission's chair. (2) Requiring majority approval for actions.--The independent redistricting commission of a State may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least-- (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1). (3) Quorum.--A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors.-- (1) Staff.--Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors.--The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2412(b)(1). (3) Reports on expenditures for political activity.-- (A) Report by applicants.--Each individual who applies for a position as an employee of the independent redistricting commission and each vendor who applies for a contract with the commission shall, at the time of applying, file with the commission a report summarizing-- (i) any expenditure for political activity made by such individual or vendor during the 10 most recent calendar years; and (ii) any income received by such individual or vendor during the 10 most recent calendar years which is attributable to an expenditure for political activity. (B) Annual reports by employees and vendors.--Each person who is an employee or vendor of the independent redistricting commission shall, not later than 1 year after the person is appointed as an employee or enters into a contract as a vendor (as the case may be) and annually thereafter for each year during which the person serves as an employee or a vendor, file with the commission a report summarizing the expenditures and income described in subparagraph (A) during the 10 most recent calendar years. (C) Expenditure for political activity defined.--In this paragraph, the term ``expenditure for political activity'' means a disbursement for any of the following: (i) An independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17)). (ii) An electioneering communication, as defined in section 304(f)(3) of such Act (52 U.S.C. 30104(f)(3)) or any other public communication, as defined in section 301(22) of such Act (52 U.S.C. 30101(22)) that would be an electioneering communication if it were a broadcast, cable, or satellite communication. (iii) Any dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for a use described in paragraph (1), (2), or (4) of section 501(c) of such Code. (4) Goal of impartiality.--The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner, and may require any person who applies for an appointment to a staff position or for a vendor's contract with the commission to provide information on the person's history of political activity beyond the information on the person's expenditures for political activity provided in the reports required under paragraph (3) (including donations to candidates, political committees, and political parties) as a condition of the appointment or the contract. (5) Disqualification; waiver.-- (A) In general.--The independent redistricting commission may not appoint an individual as an employee, and may not enter into a contract with a vendor, if the individual or vendor meets any of the criteria for the disqualification of an individual from serving as a member of the commission which are set forth in section 2412(a)(2). (B) Waiver.--The commission may by unanimous vote of its members waive the application of subparagraph (A) to an individual or a vendor after receiving and reviewing the report filed by the individual or vendor under paragraph (3). (d) Termination.-- (1) In general.--The independent redistricting commission of a State shall terminate on the earlier of-- (A) June 14 of the next year ending in the numeral zero; or (B) the day on which the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). (2) Preservation of records.--The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION. (a) Criteria for Eligibility.-- (1) In general.--An individual is eligible to serve as a member of an independent redistricting commission if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual's appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 2413, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual's residence, mailing address, and telephone numbers. (ii) The individual's race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual's qualifications, and information relevant to the ability of the individual to be fair and impartial, including, but not limited to-- (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; (II) the individual's employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual's duties under this subtitle in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during the covered periods described in paragraph (3), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under paragraph (2). (2) Disqualifications.--An individual is not eligible to serve as a member of the commission if any of the following applies during any of the covered periods described in paragraph (3): (A) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or an equivalent State or local law. (D) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.). (F) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (3) Covered periods described.--In this subsection, the term ``covered period'' means, with respect to the appointment of an individual to the commission, any of the following: (A) The 10-year period ending on the date of the individual's appointment. (B) The period beginning on the date of the individual's appointment and ending on August 14 of the next year ending in the numeral one. (C) The 10-year period beginning on the day after the last day of the period described in subparagraph (B). (4) Immediate family member defined.--In this subsection, the term ``immediate family member'' means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and Submission of Selection Pool.-- (1) In general.--Not later than June 15 of each year ending in the numeral zero, the nonpartisan agency established or designated by a State under section 2414(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 2414(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this subtitle, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool.--In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall-- (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State's redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Interviews of applicants.--To assist the nonpartisan agency in developing the selection pool under this subsection, the nonpartisan agency shall conduct interviews of applicants under oath. If an individual is included in a selection pool developed under this section, all of the interviews of the individual shall be transcribed and the transcriptions made available on the nonpartisan agency's website contemporaneously with release of the report under paragraph (6). (4) Determination of political party affiliation of individuals in selection pool.--For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(D), including by considering additional information provided by other persons with knowledge of the individual's history of political activity. (5) Encouraging residents to apply for inclusion in pool.-- The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (6) Report on establishment of selection pool.--At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish and post on the agency's public website a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (7) Public comment on selection pool.--During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (6), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall post all such comments contemporaneously on the nonpartisan agency's website and shall transmit them to the Select Committee on Redistricting immediately upon the expiration of such period. (8) Action by select committee.-- (A) In general.--Not earlier than 15 days and not later than 21 days after receiving the selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a replacement selection pool in accordance with subsection (c). (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (c) Development of Replacement Selection Pool.-- (1) In general.--If the Select Committee on Redistricting rejects the selection pool submitted by the nonpartisan agency under subsection (b), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The replacement pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b), so long as at least one of the individuals in the replacement pool was not included in such rejected pool. (2) Action by select committee.-- (A) In general.--Not later than 21 days after receiving the replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a second replacement selection pool in accordance with subsection (d). (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (d) Development of Second Replacement Selection Pool.-- (1) In general.--If the Select Committee on Redistricting rejects the replacement selection pool submitted by the nonpartisan agency under subsection (c), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a second replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The second replacement selection pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b) or the rejected replacement selection pool submitted under subsection (c), so long as at least one of the individuals in the replacement pool was not included in either such rejected pool. (2) Action by select committee.-- (A) In general.--Not earlier than 15 days and not later than 14 days after receiving the second replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool. (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (C) Effect of rejection.--If the Select Committee on Redistricting rejects the second replacement pool from the nonpartisan agency under paragraph (1), the redistricting plan for the State shall be developed and enacted in accordance with part 3. SEC. 2413. PUBLIC NOTICE AND INPUT. (a) Public Notice and Input.-- (1) Use of open and transparent process.--The independent redistricting commission of a State shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website.-- (A) Features.--The commission shall maintain a public Internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) General information on the commission, its role in the redistricting process, and its members, including contact information. (ii) An updated schedule of commission hearings and activities, including deadlines for the submission of comments. (iii) All draft redistricting plans developed by the commission under subsection (b) and the final redistricting plan developed under subsection (c), including the accompanying written evaluation under subsection (d). (iv) All comments received from the public on the commission's activities, including any proposed maps submitted under paragraph (1). (v) Live streaming of commission hearings and an archive of previous meetings, including any documents considered at any such meeting, which the commission shall post not later than 24 hours after the conclusion of the meeting. (vi) Access in an easily useable format to the demographic and other data used by the commission to develop and analyze the proposed redistricting plans, together with access to any software used to draw maps of proposed districts and to any reports analyzing and evaluating any such maps. (vii) A method by which members of the public may submit comments and proposed maps directly to the commission. (viii) All records of the commission, including all communications to or from members, employees, and contractors regarding the work of the commission. (ix) A list of all contractors receiving payment from the commission, together with the annual disclosures submitted by the contractors under section 2411(c)(3). (x) A list of the names of all individuals who submitted applications to serve on the commission, together with the applications submitted by individuals included in any selection pool, except that the commission may redact from such applications any financial or other personally sensitive information. (B) Searchable format.--The commission shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (C) Deadline.--The commission shall ensure that the public internet site under this paragraph is operational (in at least a preliminary format) not later than January 1 of the year ending in the numeral one. (3) Public comment period.--The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time during the period-- (A) which begins on January 1 of the year ending in the numeral one; and (B) which ends 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (4) Meetings and hearings in various geographic locations.--To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (5) Multiple language requirements for all notices.--The commission shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (b) Development and Publication of Preliminary Redistricting Plan.-- (1) In general.--Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development.-- (A) 3 hearings required.--Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 3 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Minimum period for notice prior to hearings.-- Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public.--Any member of the public may submit maps or portions of maps for consideration by the commission. As provided under subsection (a)(2)(A), any such map shall be made publicly available on the commission's website and open to comment. (3) Publication of preliminary plan.-- (A) In general.--The commission shall post the preliminary redistricting plan developed under this subsection, together with a report that includes the commission's responses to any public comments received under subsection (a)(3), on the website maintained under subsection (a)(2), and shall provide for the publication of each such plan in newspapers of general circulation throughout the State. (B) Minimum period for notice prior to publication.--Not fewer than 14 days prior to the date on which the commission posts and publishes the preliminary plan under this paragraph, the commission shall notify the public through the website maintained under subsection (a)(2), as well as through publication of notice in newspapers of general circulation throughout the State, of the pending publication of the plan. (4) Minimum post-publication period for public comment.-- The commission shall accept and consider comments from the public (including through the website maintained under subsection (a)(2)) with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, for not fewer than 30 days after the date on which the plan is published. (5) Post-publication hearings.-- (A) 3 hearings required.--After posting and publishing the preliminary redistricting plan under paragraph (3), the commission shall hold not fewer than 3 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Minimum period for notice prior to hearings.-- Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans.--At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan.-- (1) In general.--After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote.--Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials.--Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall provide the following information to the public through the website maintained under subsection (a)(2), as well as through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission's reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment.--Subject to paragraph (5), the final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which-- (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1) approves such final plan. (5) Review by department of justice.-- (A) Requiring submission of plan for review.--The final redistricting plan shall not be deemed to be enacted into law unless the State submits the plan to the Department of Justice for an administrative review to determine if the plan is in compliance with the criteria described in subparagraphs (B) and (C) of section 2413(a)(1). (B) Termination of review.--The Department of Justice shall terminate any administrative review under subparagraph (A) if, during the 45-day period which begins on the date the plan is enacted into law, an action is filed in a United States district court alleging that the plan is not in compliance with the criteria described in subparagraphs (B) and (C) of section 2413(a)(1). (d) Written Evaluation of Plan Against External Metrics.--The independent redistricting commission shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Timing.--The independent redistricting commission of a State may begin its work on the redistricting plan of the State upon receipt of relevant population information from the Bureau of the Census, and shall approve a final redistricting plan for the State in each year ending in the numeral one not later than 8 months after the date on which the State receives the State apportionment notice or October 1, whichever occurs later. SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. (a) Establishment or Designation of Nonpartisan Agency of State Legislature.-- (1) In general.--Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State in accordance with section 2411. (2) Nonpartisanship described.--For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency-- (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Training of members appointed to commission.--Not later than January 15 of a year ending in the numeral one, the nonpartisan agency established or designated under this subsection shall provide the members of the independent redistricting commission with initial training on their obligations as members of the commission, including obligations under the Voting Rights Act of 1965 and other applicable laws. (4) Regulations.--The nonpartisan agency established or designated under this subsection shall adopt and publish regulations, after notice and opportunity for comment, establishing the procedures that the agency will follow in fulfilling its duties under this subtitle, including the procedures to be used in vetting the qualifications and political affiliation of applicants and in creating the selection pools, the randomized process to be used in selecting the initial members of the independent redistricting commission, and the rules that the agency will apply to ensure that the agency carries out its duties under this subtitle in a maximally transparent, publicly accessible, and impartial manner. (5) Designation of existing agency.--At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this subtitle, so long as the agency meets the requirements for nonpartisanship under this subsection. (6) Termination of agency specifically established for redistricting.--If a State does not designate an existing agency under paragraph (5) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (7) Preservation of records.--The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (8) Deadline.--The State shall meet the requirements of this subsection not later than each October 15 of a year ending in the numeral nine. (b) Establishment of Select Committee on Redistricting.-- (1) In general.--Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under section 2412. (2) Appointment.--The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for states with unicameral legislature.-- In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent statewide election for Federal office held in the State. (4) Deadline.--The State shall meet the requirements of this subsection not later than each January 15 of a year ending in the numeral zero. (5) Rule of construction.--Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT REDISTRICTING COMMISSIONS. Not later than May 15 of a year ending in the numeral one, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this part with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 2411(a)(2)(B) and 2412(b)(2). PART 3--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT. (a) Development of Plan.--If any of the triggering events described in subsection (f) occur with respect to a State-- (1) not later than December 15 of the year in which the triggering event occurs, the United States district court for the applicable venue, acting through a 3-judge Court convened pursuant to section 2284 of title 28, United States Code, shall develop and publish the congressional redistricting plan for the State; and (2) the final plan developed and published by the Court under this section shall be deemed to be enacted on the date on which the Court publishes the final plan, as described in subsection (d). (b) Applicable Venue Described.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence of the occurrence of a triggering event described in subsection (f). (c) Procedures for Development of Plan.-- (1) Criteria.--In developing a redistricting plan for a State under this section, the Court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the independent redistricting commission of the State under section 2403. (2) Access to information and records of commission.--The Court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the independent redistricting commission of the State in carrying out its duties under this subtitle. (3) Hearing; public participation.--In developing a redistricting plan for a State, the Court shall-- (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the Court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master.--To assist in the development and publication of a redistricting plan for a State under this section, the Court may appoint a special master to make recommendations to the Court on possible plans for the State. (d) Publication of Plan.-- (1) Public availability of initial plan.--Upon completing the development of one or more initial redistricting plans, the Court shall make the plans available to the public at no cost, and shall also make available the underlying data used by the Court to develop the plans and a written evaluation of the plans against external metrics (as described in section 2413(d)). (2) Publication of final plan.--At any time after the expiration of the 14-day period which begins on the date the Court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the Court shall develop and publish the final redistricting plan for the State. (e) Use of Interim Plan.--In the event that the Court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the Court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the Court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the Court to develop and publish the final redistricting plan, including but not limited to the discretion to make any changes the Court deems necessary to an interim redistricting plan. (f) Triggering Events Described.--The ``triggering events'' described in this subsection are as follows: (1) The failure of the State to establish or designate a nonpartisan agency of the State legislature under section 2414(a) prior to the expiration of the deadline set forth in section 2414(a)(5). (2) The failure of the State to appoint a Select Committee on Redistricting under section 2414(b) prior to the expiration of the deadline set forth in section 2414(b)(4). (3) The failure of the Select Committee on Redistricting to approve any selection pool under section 2412 prior to the expiration of the deadline set forth for the approval of the second replacement selection pool in section 2412(d)(2). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State prior to the expiration of the deadline set forth in section 2413(e). SEC. 2422. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL COURT. If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965, section 2413 shall apply with respect to the redistricting, except that the court may revise any of the deadlines set forth in such section if the court determines that a revision is appropriate in order to provide for a timely enactment of a new redistricting plan for the State. PART 4--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING. (a) Authorization of Payments.--Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall, subject to the availability of appropriations provided pursuant to subsection (e), make a payment to the State in an amount equal to the product of-- (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds.--A State shall use the payment made under this section to establish and operate the State's independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out congressional redistricting in the State. (c) No Payment to States With Single Member.--The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Submission of Selection Pool as Condition of Payment.-- (1) Requirement.--Except as provided in paragraph (2) and paragraph (3), the Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). (2) Exception for states with existing commissions.--In the case of a State which, pursuant to section 2401(c), is exempt from the requirements of section 2401(a), the Commission may not make a payment to the State under this section until the State certifies to the Commission that its redistricting commission meets the requirements of section 2401(c). (3) Exception for state of iowa.--In the case of the State of Iowa, the Commission may not make a payment to the State under this section until the State certifies to the Commission that it will carry out congressional redistricting pursuant to the State's apportionment notice in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, as provided under the law described in section 2401(d). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for payments under this section. SEC. 2432. CIVIL ENFORCEMENT. (a) Civil Enforcement.-- (1) Actions by attorney general.--The Attorney General may bring a civil action in an appropriate district court for such relief as may be appropriate to carry out this subtitle. (2) Availability of private right of action.--Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of this subtitle may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. For purposes of this section, the ``applicable venue'' is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the person who brings the civil action. (b) Expedited Consideration.--In any action brought forth under this section, the following rules shall apply: (1) The action shall be filed in the district court of the United States for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. (2) The action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (3) The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with respect to the same State redistricting plan. (4) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (5) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (6) It shall be the duty of the district court and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies.-- (1) Adoption of replacement plan.-- (A) In general.--If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this subtitle-- (i) the Court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 2421; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court may allow a State to develop and propose a remedial congressional redistricting plan for consideration by the court, and such remedial plan may be developed by the State by adopting such appropriate changes to the State's enacted plan as may be ordered by the court. (B) Special rule in case final adjudication not expected within 3 months of election.--If final adjudication of an action under this section is not reasonably expected to be completed at least three months prior to the next regularly scheduled election for the House of Representatives in the State, the district court shall, as the balance of equities warrant-- (i) order development, adoption, and use of an interim congressional redistricting plan in accordance with section 2421(e) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; or (ii) order adjustments to the timing of primary elections for the House of Representatives, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (2) No injunctive relief permitted.--Any remedial or replacement congressional redistricting plan ordered under this subsection shall not be subject to temporary or preliminary injunctive relief from any court unless the record establishes that a writ of mandamus is warranted. (3) No stay pending appeal.--Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this subtitle, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. (d) Attorney's Fees.--In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws.-- (1) Rights and remedies additional to other rights and remedies.--The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this subtitle shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) Voting rights act of 1965.--Nothing in this subtitle authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (f) Legislative Privilege.--No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this subtitle. SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. In this subtitle, the ``State apportionment notice'' means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which the State is entitled. SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this subtitle or in any amendment made by this subtitle may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 2435. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle shall apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030 or any succeeding decennial census. PART 5--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS Subpart A--Application of Certain Requirements for Redistricting Carried Out Pursuant to 2020 Census SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS. Notwithstanding section 2435, parts 1, 3, and 4 of this subtitle and the amendments made by such parts shall apply with respect to congressional redistricting carried out pursuant to the decennial census conducted during 2020 in the same manner as such parts and the amendments made by such parts apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030, except as follows: (1) Except as provided in subsection (c) and subsection (d) of section 2401, the redistricting shall be conducted in accordance with-- (A) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State in accordance with subpart B; or (B) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court in accordance with section 2421. (2) If any of the triggering events described in section 2442 occur with respect to the State, the United States district court for the applicable venue shall develop and publish the redistricting plan for the State, in accordance with section 2421, not later than December 15, 2021. (3) For purposes of section 2431(d)(1), the Election Assistance Commission may not make a payment to a State under such section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 2454(a) has, in accordance with section 2452(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2454(b). SEC. 2442. TRIGGERING EVENTS. For purposes of the redistricting carried out pursuant to the decennial census conducted during 2020, the triggering events described in this section are as follows: (1) The failure of the State to establish or designate a nonpartisan agency under section 2454(a) prior to the expiration of the deadline under section 2454(a)(6). (2) The failure of the State to appoint a Select Committee on Redistricting under section 2454(b) prior to the expiration of the deadline under section 2454(b)(4). (3) The failure of the Select Committee on Redistricting to approve a selection pool under section 2452(b) prior to the expiration of the deadline under section 2452(b)(7). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State under section 2453 prior to the expiration of the deadline under section 2453(e). Subpart B--Independent Redistricting Commissions for Redistricting Carried Out Pursuant to 2020 Census SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS. (a) Appointment of Members.-- (1) In general.--The nonpartisan agency established or designated by a State under section 2454(a) shall establish an independent redistricting commission under this part for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than August 5, 2021, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)). (B) Not later than August 15, 2021, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)). (2) Rules for appointment of members appointed by first members.-- (A) Affirmative vote of at least 4 members.--The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1) shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity.--In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State's redistricting plan. (3) Removal.--A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2452(a). (b) Procedures for Conducting Commission Business.-- (1) Requiring majority approval for actions.--The independent redistricting commission of a State under this part may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least-- (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1). (2) Quorum.--A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors.-- (1) Staff.--Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State under this part shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors.--The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2452(b)(1). (3) Goal of impartiality.--The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner. (d) Preservation of Records.--The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. SEC. 2452. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION. (a) Criteria for Eligibility.-- (1) In general.--An individual is eligible to serve as a member of an independent redistricting commission under this part if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual's appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 2453, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual's residence, mailing address, and telephone numbers. (ii) The individual's race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual's qualifications, and information relevant to the ability of the individual to be fair and impartial, including, but not limited to-- (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; (II) the individual's employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual's duties under this subtitle in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during such covered period as the State may establish with respect to any of the subparagraphs of paragraph (2), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under such paragraph. (2) Disqualifications.--An individual is not eligible to serve as a member of the commission if any of the following applies with respect to such covered period as the State may establish: (A) The individual or an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or an equivalent State or local law. (D) The individual or an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.). (F) The individual or an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (3) Immediate family member defined.--In this subsection, the term ``immediate family member'' means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and Submission of Selection Pool.-- (1) In general.--Not later than July 15, 2021, the nonpartisan agency established or designated by a State under section 2454(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 2454(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this part, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent Statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent Statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool.--In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall-- (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State's redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Determination of political party affiliation of individuals in selection pool.--For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(C), including by considering additional information provided by other persons with knowledge of the individual's history of political activity. (4) Encouraging residents to apply for inclusion in pool.-- The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (5) Report on establishment of selection pool.--At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (6) Public comment on selection pool.--During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (5), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall transmit all such comments to the Select Committee on Redistricting immediately upon the expiration of such period. (7) Action by select committee.-- (A) In general.--Not later than August 1, 2021, the Select Committee on Redistricting shall-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2451(a)(1); or (ii) reject the pool, in which case the redistricting plan for the State shall be developed and enacted in accordance with part 3. (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT. (a) Public Notice and Input.-- (1) Use of open and transparent process.--The independent redistricting commission of a State under this part shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Public comment period.--The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time until 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (3) Meetings and hearings in various geographic locations.--To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (4) Multiple language requirements for all notices.--The commission shall make each notice which is required to be published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (b) Development and Publication of Preliminary Redistricting Plan.-- (1) In general.--Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State under this part shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development.-- (A) 2 hearings required.--Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 2 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Notice prior to hearings.--The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public.--Any member of the public may submit maps or portions of maps for consideration by the commission. (3) Publication of preliminary plan.--The commission shall provide for the publication of the preliminary redistricting plan developed under this subsection, including in newspapers of general circulation throughout the State, and shall make publicly available a report that includes the commission's responses to any public comments received under this subsection. (4) Public comment after publication.--The commission shall accept and consider comments from the public with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, until 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law. (5) Post-publication hearings.-- (A) 2 hearings required.--After publishing the preliminary redistricting plan under paragraph (3), and not later than 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law, the commission shall hold not fewer than 2 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Notice prior to hearings.--The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans.--At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan.-- (1) In general.--After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State under this part shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote.--Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials.--Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall make the following information to the public, including through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission's reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment.--The final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which-- (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1) approves such final plan. (d) Written Evaluation of Plan Against External Metrics.--The independent redistricting commission of a State under this part shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Deadline.--The independent redistricting commission of a State under this part shall approve a final redistricting plan for the State not later than November 15, 2021. SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES. (a) Establishment or Designation of Nonpartisan Agency of State Legislature.-- (1) In general.--Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State under this part in accordance with section 2451. (2) Nonpartisanship described.--For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency-- (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Designation of existing agency.--At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this subtitle, so long as the agency meets the requirements for nonpartisanship under this subsection. (4) Termination of agency specifically established for redistricting.--If a State does not designate an existing agency under paragraph (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (5) Preservation of records.--The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (6) Deadline.--The State shall meet the requirements of this subsection not later than June 1, 2021. (b) Establishment of Select Committee on Redistricting.-- (1) In general.--Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under this part under section 2452. (2) Appointment.--The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for states with unicameral legislature.-- In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent Statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent Statewide election for Federal office held in the State. (4) Deadline.--The State shall meet the requirements of this subsection not later than June 15, 2021. (5) Rule of construction.--Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT REDISTRICTING COMMISSIONS. Not later than November 15, 2021, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this part with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 2451(a)(2)(B) and 2452(b)(2). Subtitle F--Saving Eligible Voters From Voter Purging SEC. 2501. SHORT TITLE. This subtitle may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``SAVE VOTERS Act''. SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. (a) Conditions Described.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any notice sent under section 8(d), unless the notice has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(b) Notice After Removal.-- ``(1) Notice to individual removed.-- ``(A) In general.--Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters for any reason (other than the death of the registrant), the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. ``(2) Public notice.--Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation or posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. (b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. (c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ``, registrants'' and inserting ``, and subject to section 8A of such Act, registrants''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. Subtitle G--No Effect on Authority of States To Provide Greater Opportunities for Voting SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PROVIDE GREATER OPPORTUNITIES FOR VOTING. Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. Subtitle H--Residence of Incarcerated Individuals SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. Section 141 of title 13, United States Code, is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g)(1) Effective beginning with the 2020 decennial census of population, in taking any tabulation of total population by States under subsection (a) for purposes of the apportionment of Representatives in Congress among the several States, the Secretary shall, with respect to an individual incarcerated in a State, Federal, county, or municipal correctional center as of the date on which such census is taken, attribute such individual to such individual's last place of residence before incarceration. ``(2) In carrying out this subsection, the Secretary shall consult with each State department of corrections to collect the information necessary to make the determination required under paragraph (1).''. Subtitle I--Findings Relating to Youth Voting SEC. 2801. FINDINGS RELATING TO YOUTH VOTING. Congress finds the following: (1) The right to vote is a fundamental right of citizens of the United States. (2) The twenty-sixth amendment of the United States Constitution guarantees that ``The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.''. (3) The twenty-sixth amendment of the United States Constitution grants Congress the power to enforce the amendment by appropriate legislation. (4) The language of the twenty-sixth amendment closely mirrors that of the fifteenth amendment and the nineteenth amendment. Like those amendments, the twenty-sixth amendment not only prohibits denial of the right to vote but also prohibits any actions that abridge the right to vote. (5) Youth voter suppression undercuts participation in our democracy by introducing arduous obstacles to new voters and discouraging a culture of democratic engagement. (6) Voting is habit forming, and allowing youth voters unobstructed access to voting ensures that more Americans will start a life-long habit of voting as soon as possible. (7) Youth voter suppression is a clear, persistent, and growing problem. The actions of States and political subdivisions resulting in at least four findings of twenty- sixth amendment violations as well as pending litigation demonstrate the need for Congress to take action to enforce the twenty-sixth amendment. (8) In League of Women Voters of Florida, Inc. v. Detzner (2018), the United States District Court in the Northern District of Florida found that the Secretary of State's actions that prevented in-person early voting sites from being located on university property revealed a stark pattern of discrimination that was unexplainable on grounds other than age and thus violated university students' twenty-sixth Amendment rights. (9) In 2019, Michigan agreed to a settlement to enhance college-age voters' access after a twenty-sixth amendment challenge was filed in federal court. The challenge prompted the removal of a Michigan voting law which required first time voters who registered by mail or through a third-party voter registration drive to vote in person for the first time, as well as the removal of another law which required the address listed on a voter's driver license to match the address listed on their voter registration card. (10) Youth voter suppression tactics are often linked to other tactics aimed at minority voters. For example, students at Prairie View A&M University (PVAMU), a historically black university in Texas, have been the targets of voter suppression tactics for decades. Before the 2018 election, PVAMU students sued Waller County on the basis of both racial and age discrimination over the County's failure to ensure equal early voting opportunities for students, spurring the County to reverse course and expand early voting access for students. (11) The more than 25 million United States citizens ages 18-24 deserve equal opportunity to participate in the electoral process as guaranteed by the twenty-sixth amendment. Subtitle J--Severability SEC. 2901. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE III--ELECTION SECURITY Sec. 3000. Short title; sense of Congress. Subtitle A--Financial Support for Election Infrastructure Part 1--Voting System Security Improvement Grants Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. Part 2--Grants for Risk-Limiting Audits of Results of Elections Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. Part 3--Election Infrastructure Innovation Grant Program Sec. 3021. Election infrastructure innovation grant program. Subtitle B--Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Sec. 3106. Pre-election threat assessments. Subtitle C--Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institutions. Subtitle D--Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of coordinated political party expenditures. Subtitle E--Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Subtitle F--Election Security Grants Advisory Committee Sec. 3501. Establishment of advisory committee. Subtitle G--Miscellaneous Provisions Sec. 3601. Definitions. Sec. 3602. Initial report on adequacy of resources available for implementation. Subtitle H--Use of Voting Machines Manufactured in the United States Sec. 3701. Use of voting machines manufactured in the United States. Subtitle I--Study and Report on Bots Sec. 3801. Short title. Sec. 3802. Task Force. Sec. 3803. Study and Report. Subtitle J--Severability Sec. 3901. Severability. SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. (a) Short Title.--This title may be cited as the ``Election Security Act''. (b) Sense of Congress on Need To Improve Election Infrastructure Security.--It is the sense of Congress that, in light of the lessons learned from Russian interference in the 2016 Presidential election, the Federal Government should intensify its efforts to improve the security of election infrastructure in the United States, including through the use of individual, durable, paper ballots marked by the voter by hand. Subtitle A--Financial Support for Election Infrastructure PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. (a) Availability of Grants.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 1622(b), is amended by adding at the end the following new part: ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS ``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. ``(a) Availability and Use of Grant.--The Commission shall make a grant to each eligible State-- ``(1) to replace a voting system-- ``(A) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 with a voting system which does meet such requirements, for use in the regularly scheduled general elections for Federal office held in November 2022; or ``(B) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines issued by the Commission prior to the regularly scheduled general election for Federal office held in November 2022 with another system which does meet such requirements and is in compliance with such guidelines; ``(2) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general elections for Federal office held in November 2022 and each succeeding election for Federal office; and ``(3) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots. ``(b) Amount of Grant.--The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less than the product of $1 and the average of the number of individuals who cast votes in any of the two most recent regularly scheduled general elections for Federal office held in the State. ``(c) Pro Rata Reductions.--If the amount of funds appropriated for grants under this part is insufficient to ensure that each State receives the amount of the grant calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the States. ``(d) Surplus Appropriations.--If the amount of funds appropriated for grants authorized under section 298D(a)(2) exceed the amount necessary to meet the requirements of subsection (b), the Commission shall consider the following in making a determination to award remaining funds to a State: ``(1) The record of the State in carrying out the following with respect to the administration of elections for Federal office: ``(A) Providing voting machines that are less than 10 years old. ``(B) Implementing strong chain of custody procedures for the physical security of voting equipment and paper records at all stages of the process. ``(C) Conducting pre-election testing on every voting machine and ensuring that paper ballots are available wherever electronic machines are used. ``(D) Maintaining offline backups of voter registration lists. ``(E) Providing a secure voter registration database that logs requests submitted to the database. ``(F) Publishing and enforcing a policy detailing use limitations and security safeguards to protect the personal information of voters in the voter registration process. ``(G) Providing secure processes and procedures for reporting vote tallies. ``(H) Providing a secure platform for disseminating vote totals. ``(2) Evidence of established conditions of innovation and reform in providing voting system security and the proposed plan of the State for implementing additional conditions. ``(3) Evidence of collaboration between relevant stakeholders, including local election officials, in developing the grant implementation plan described in section 298B. ``(4) The plan of the State to conduct a rigorous evaluation of the effectiveness of the activities carried out with the grant. ``(e) Ability of Replacement Systems To Administer Ranked Choice Elections.--To the greatest extent practicable, an eligible State which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter's preference. ``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED. ``(a) Permitted Uses.--A voting system security improvement described in this section is any of the following: ``(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. ``(2) Cyber and risk mitigation training. ``(3) A security risk and vulnerability assessment of the State's election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. ``(4) The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office. ``(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure or designates as critical to the operation of the State's election infrastructure. ``(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). ``(7) Enhancing the cybersecurity of voter registration systems. ``(b) Qualified Election Infrastructure Vendors Described.-- ``(1) In general.--For purposes of this part, a `qualified election infrastructure vendor' is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 3601 of the Election Security Act) who meets the criteria described in paragraph (2). ``(2) Criteria.--The criteria described in this paragraph are such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and shall include each of the following requirements: ``(A) The vendor must be owned and controlled by a citizen or permanent resident of the United States. ``(B) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure. ``(C) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, the identification of any entity or individual with a more than five percent ownership interest in the vendor. ``(D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee. ``(E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee. ``(F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Technical Guidelines Development Committee. ``(G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Technical Guidelines Development Committee. ``(H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Technical Guidelines Development Committee. ``(I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part. ``(J) The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under this part. ``(3) Cybersecurity incident reporting requirements.-- ``(A) In general.--A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under this part-- ``(i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); ``(ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and ``(iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). ``(B) Contents of notifications.--Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: ``(i) The date, time, and time zone when the election cybersecurity incident began, if known. ``(ii) The date, time, and time zone when the election cybersecurity incident was detected. ``(iii) The date, time, and duration of the election cybersecurity incident. ``(iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. ``(v) Any planned and implemented technical measures to respond to and recover from the incident. ``(vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. ``SEC. 298B. ELIGIBILITY OF STATES. ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a description of how the State will use the grant to carry out the activities authorized under this part; ``(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out risk- limiting audits and will carry out voting system security improvements, as described in section 298A; and ``(3) such other information and assurances as the Commission may require. ``SEC. 298C. REPORTS TO CONGRESS. ``Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. ``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated for grants under this part-- ``(1) $1,000,000,000 for fiscal year 2021; and ``(2) $175,000,000 for each of the fiscal years 2022, 2024, 2026, and 2028. ``(b) Continuing Availability of Amounts.--Any amounts appropriated pursuant to the authorization of this section shall remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1622(c), is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements ``Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. ``Sec. 298A. Voting system security improvements described. ``Sec. 298B. Eligibility of States. ``Sec. 298C. Reports to Congress. ``Sec. 298D. Authorization of appropriations.''. SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002. (a) Duties of Election Assistance Commission.--Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended-- (1) in the matter preceding paragraph (1), by striking ``by'' and inserting ``and the security of election infrastructure by''; and (2) by striking the semicolon at the end of paragraph (1) and inserting the following: ``, and the development, maintenance and dissemination of cybersecurity guidelines to identify vulnerabilities that could lead to, protect against, detect, respond to and recover from cybersecurity incidents;''. (b) Membership of Secretary of Homeland Security on Board of Advisors of Election Assistance Commission.--Section 214(a) of such Act (52 U.S.C. 20944(a)) is amended-- (1) by striking ``37 members'' and inserting ``38 members''; and (2) by adding at the end the following new paragraph: ``(17) The Secretary of Homeland Security or the Secretary's designee.''. (c) Representative of Department of Homeland Security on Technical Guidelines Development Committee.--Section 221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is amended-- (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) A representative of the Department of Homeland Security.''. (d) Goals of Periodic Studies of Election Administration Issues; Consultation With Secretary of Homeland Security.--Section 241(a) of such Act (52 U.S.C. 20981(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``the Commission shall'' and inserting ``the Commission, in consultation with the Secretary of Homeland Security (as appropriate), shall''; (2) by striking ``and'' at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: ``(4) will be secure against attempts to undermine the integrity of election systems by cyber or other means; and''. (e) Requirements Payments.-- (1) Use of payments for voting system security improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)), as amended by section 1061(a)(2), is further amended by adding at the end the following new paragraph: ``(5) Permitting use of payments for voting system security improvements.--A State may use a requirements payment to carry out any of the following activities: ``(A) Cyber and risk mitigation training. ``(B) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure or designates as critical to the operation of the State's election infrastructure. ``(C) Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B). ``(D) Enhancing the security of voter registration databases.''. (2) Incorporation of election infrastructure protection in state plans for use of payments.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking the period at the end and inserting ``, including the protection of election infrastructure.''. (3) Composition of committee responsible for developing state plan for use of payments.--Section 255 of such Act (52 U.S.C. 21005) is amended-- (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection: ``(b) Geographic Representation.--The members of the committee shall be a representative group of individuals from the State's counties, cities, towns, and Indian tribes, and shall represent the needs of rural as well as urban areas of the State, as the case may be.''. (f) Ensuring Protection of Computerized Statewide Voter Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended by striking the period at the end and inserting ``, as well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee.''. (g) Senior Cyber Policy Advisor.--Section 204(a) of such Act (52 U.S.C. 20924(a)) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Senior cyber policy advisor.--The Commission shall have a Senior Cyber Policy Advisor, who shall be appointed by the Commission and who shall serve under the Executive Director, and who shall be the primary policy advisor to the Commission on matters of cybersecurity for Federal elections.''. SEC. 3003. INCORPORATION OF DEFINITIONS. (a) In General.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141), as amended by section 1921(b)(1), is amended to read as follows: ``SEC. 901. DEFINITIONS. ``In this Act, the following definitions apply: ``(1) The term `cybersecurity incident' has the meaning given the term `incident' in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148). ``(2) The term `election infrastructure' has the meaning given such term in section 3601 of the Election Security Act. ``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. (b) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 901 to read as follows: ``Sec. 901. Definitions.''. PART 2--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS. (a) Availability of Grants.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by sections 1622(b) and 3001(a), is amended by adding at the end the following new part: ``PART 9--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS ``SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS. ``(a) Availability of Grants.--The Commission shall make a grant to each eligible State to conduct risk-limiting audits as described in subsection (b) with respect to the regularly scheduled general elections for Federal office held in November 2022 and each succeeding election for Federal office. ``(b) Risk-Limiting Audits Described.--In this part, a `risk- limiting audit' is a post-election process-- ``(1) which is conducted in accordance with rules and procedures established by the chief State election official of the State which meet the requirements of subsection (c); and ``(2) under which, if the reported outcome of the election is incorrect, there is at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye tabulation of all votes validly cast in that election that ascertains voter intent manually and directly from voter- verifiable paper records. ``(c) Requirements for Rules and Procedures.--The rules and procedures established for conducting a risk-limiting audit shall include the following elements: ``(1) Rules for ensuring the security of ballots and documenting that prescribed procedures were followed. ``(2) Rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies. ``(3) Rules and procedures for governing the format of ballot manifests, cast vote records, and other data involved in the audit. ``(4) Methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief State election official and made public. ``(5) Procedures for the random selection of ballots to be inspected manually during each audit. ``(6) Rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of an election is complete. ``(7) Procedures and requirements for testing any software used to conduct risk-limiting audits. ``(d) Definitions.--In this part, the following definitions apply: ``(1) The term `ballot manifest' means a record maintained by each election agency that meets each of the following requirements: ``(A) The record is created without reliance on any part of the voting system used to tabulate votes. ``(B) The record functions as a sampling frame for conducting a risk-limiting audit. ``(C) The record contains the following information with respect to the ballots cast and counted in the election: ``(i) The total number of ballots cast and counted by the agency (including undervotes, overvotes, and other invalid votes). ``(ii) The total number of ballots cast in each election administered by the agency (including undervotes, overvotes, and other invalid votes). ``(iii) A precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. ``(2) The term `incorrect outcome' means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election, determining voter intent manually, directly from voter- verifiable paper records. ``(3) The term `outcome' means the winner of an election, whether a candidate or a position. ``(4) The term `reported outcome' means the outcome of an election which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. ``SEC. 299A. ELIGIBILITY OF STATES. ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a certification that, not later than 5 years after receiving the grant, the State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 299; ``(2) a certification that, not later than one year after the date of the enactment of this section, the chief State election official of the State has established or will establish the rules and procedures for conducting the audits which meet the requirements of section 299(c); ``(3) a certification that the audit shall be completed not later than the date on which the State certifies the results of the election; ``(4) a certification that, after completing the audit, the State shall publish a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly; ``(5) a certification that, if a risk-limiting audit conducted under this part leads to a full manual tally of an election, State law requires that the State or election agency shall use the results of the full manual tally as the official results of the election; and ``(6) such other information and assurances as the Commission may require. ``SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2021, to remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by sections 1622(c) and 3001(b), is further amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 9--Grants for Conducting Risk-Limiting Audits of Results of Elections ``Sec. 299. Grants for conducting risk-limiting audits of results of elections. ``Sec. 299A. Eligibility of States. ``Sec. 299B. Authorization of appropriations.''. SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. (a) Analysis.--Not later than 6 months after the first election for Federal office is held after grants are first awarded to States for conducting risk-limiting audits under part 9 of subtitle D of title II of the Help America Vote Act of 2002 (as added by section 3011) for conducting risk-limiting audits of elections for Federal office, the Comptroller General of the United States shall conduct an analysis of the extent to which such audits have improved the administration of such elections and the security of election infrastructure in the States receiving such grants. (b) Report.--The Comptroller General of the United States shall submit a report on the analysis conducted under subsection (a) to the appropriate congressional committees. PART 3--ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM. ``(a) Establishment.--The Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Chairman of the Election Assistance Commission (established pursuant to the Help America Vote Act of 2002) and in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall establish a competitive grant program to award grants to eligible entities, on a competitive basis, for purposes of research and development that are determined to have the potential to significantly improve the security (including cybersecurity), quality, reliability, accuracy, accessibility, and affordability of election infrastructure, and increase voter participation. ``(b) Report to Congress.--Not later than 90 days after the conclusion of each fiscal year for which grants are awarded under this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate a report describing such grants and analyzing the impact, if any, of such grants on the security and operation of election infrastructure, and on voter participation. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2021 through 2029 for purposes of carrying out this section. ``(d) Eligible Entity Defined.--In this section, the term `eligible entity' means-- ``(1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), including an institution of higher education that is a historically Black college or university (which has the meaning given the term ``part B institution'' in section 322 of such Act (20 U.S.C. 1061)) or other minority- serving institution listed in section 371(a) of such Act (20 U.S.C. 1067q(a)); ``(2) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or ``(3) an organization, association, or a for-profit company, including a small business concern (as such term is described in section 3 of the Small Business Act (15 U.S.C. 632)), including a small business concern owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''. (b) Definition.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended-- (1) by redesignating paragraphs (6) through (20) as paragraphs (7) through (21), respectively; and (2) by inserting after paragraph (5) the following new paragraph: ``(6) Election infrastructure.--The term `election infrastructure' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 320 the following new item: ``Sec. 321. Election infrastructure innovation grant program.''. Subtitle B--Security Measures SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election infrastructure'' before the period at the end. SEC. 3102. TIMELY THREAT INFORMATION. Subsection (d) of section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at the end the following new paragraph: ``(24) To provide timely threat information regarding election infrastructure to the chief State election official of the State with respect to which such information pertains.''. SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS. In order to promote the timely sharing of information on threats to election infrastructure, the Secretary may-- (1) help expedite a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; (2) sponsor a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; and (3) facilitate the issuance of a temporary clearance to the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official, if the Secretary determines classified information to be timely and relevant to the election infrastructure of the State at issue. SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS. (a) In General.--Paragraph (6) of section 2209(c) of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting ``(including by carrying out a security risk and vulnerability assessment)'' after ``risk management support''. (b) Prioritization To Enhance Election Security.-- (1) In general.--Not later than 90 days after receiving a written request from a chief State election official, the Secretary shall, to the extent practicable, commence a security risk and vulnerability assessment (pursuant to paragraph (6) of section 2209(c) of the Homeland Security Act of 2002, as amended by subsection (a)) on election infrastructure in the State at issue. (2) Notification.--If the Secretary, upon receipt of a request described in paragraph (1), determines that a security risk and vulnerability assessment referred to in such paragraph cannot be commenced within 90 days, the Secretary shall expeditiously notify the chief State election official who submitted such request. SEC. 3105. ANNUAL REPORTS. (a) Reports on Assistance and Assessments.--Not later than 1 year after the date of the enactment of this Act and annually thereafter through 2028, the Secretary shall submit to the appropriate congressional committees-- (1) efforts to carry out section 3103 during the prior year, including specific information regarding which States were helped, how many officials have been helped in each State, how many security clearances have been sponsored in each State, and how many temporary clearances have been issued in each State; and (2) efforts to carry out section 3104 during the prior year, including specific information regarding which States were helped, the dates on which the Secretary received a request for a security risk and vulnerability assessment referred to in such section, the dates on which the Secretary commenced each such request, and the dates on which the Secretary transmitted a notification in accordance with subsection (b)(2) of such section. (b) Reports on Foreign Threats.--Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2021), the Secretary and the Director of National Intelligence, in coordination with the heads of appropriate offices of the Federal Government, shall submit to the appropriate congressional committees a joint report on foreign threats, including physical and cybersecurity threats, to elections in the United States. (c) Information From States.--For purposes of preparing the reports required under this section, the Secretary shall solicit and consider information and comments from States and election agencies, except that the provision of such information and comments by a State or election agency shall be voluntary and at the discretion of the State or election agency. SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. (a) Submission of Assessment by DNI.--Not later than 180 days before the date of each regularly scheduled general election for Federal office, the Director of National Intelligence shall submit an assessment of the full scope of threats, including cybersecurity threats posed by state actors and terrorist groups, to election infrastructure and recommendations to address or mitigate such threats, as developed by the Secretary and Chairman, to-- (1) the chief State election official of each State; (2) the appropriate congressional committees; and (3) any other relevant congressional committees. (b) Updates to Initial Assessments.--If, at any time after submitting an assessment with respect to an election under subsection (a), the Director of National Intelligence determines that the assessment should be updated to reflect new information regarding the threats involved, the Director shall submit a revised assessment under such subsection. (c) Definitions.--In this section: (1) The term ``Chairman'' means the chair of the Election Assistance Commission. (2) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (3) The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (4) The term ``Secretary'' means the Secretary of Homeland Security. (5) The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). (d) Effective Date.--This subtitle shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. Subtitle C--Enhancing Protections for United States Democratic Institutions SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, in consultation with the Chairman, the Secretary of Defense, the Secretary of State, the Attorney General, the Secretary of Education, the Director of National Intelligence, the Chairman of the Federal Election Commission, and the heads of any other appropriate Federal agencies, shall issue a national strategy to protect against cyber attacks, influence operations, disinformation campaigns, and other activities that could undermine the security and integrity of United States democratic institutions. (b) Considerations.--The national strategy required under subsection (a) shall include consideration of the following: (1) The threat of a foreign state actor, foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic actor carrying out a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. (2) The extent to which United States democratic institutions are vulnerable to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such democratic institutions. (3) Potential consequences, such as an erosion of public trust or an undermining of the rule of law, that could result from a successful cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. (4) Lessons learned from other governments the institutions of which were subject to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such institutions, as well as actions that could be taken by the United States Government to bolster collaboration with foreign partners to detect, deter, prevent, and counter such activities. (5) Potential impacts, such as an erosion of public trust in democratic institutions, as could be associated with a successful cyber breach or other activity negatively affecting election infrastructure. (6) Roles and responsibilities of the Secretary, the Chairman, and the heads of other Federal entities and non- Federal entities, including chief State election officials and representatives of multi-state information sharing and analysis centers. (7) Any findings, conclusions, and recommendations to strengthen protections for United States democratic institutions that have been agreed to by a majority of Commission members on the National Commission to Protect United States Democratic Institutions, authorized pursuant to section 3202. (c) Implementation Plan.--Not later than 90 days after the issuance of the national strategy required under subsection (a), the President, acting through the Secretary, in coordination with the Chairman, shall issue an implementation plan for Federal efforts to implement such strategy that includes the following: (1) Strategic objectives and corresponding tasks. (2) Projected timelines and costs for the tasks referred to in paragraph (1). (3) Metrics to evaluate performance of such tasks. (d) Classification.--The national strategy required under subsection (a) shall be in unclassified form. (e) Civil Rights Review.--Not later than 60 days after the issuance of the national strategy required under subsection (a), and not later than 60 days after the issuance of the implementation plan required under subsection (c), the Privacy and Civil Liberties Oversight Board (established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit to Congress a report on any potential privacy and civil liberties impacts of such strategy and implementation plan, respectively. SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. (a) Establishment.--There is established within the legislative branch the National Commission to Protect United States Democratic Institutions (in this section referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission is to counter efforts to undermine democratic institutions within the United States. (c) Composition.-- (1) Membership.--The Commission shall be composed of 10 members appointed for the life of the Commission as follows: (A) One member shall be appointed by the Secretary. (B) One member shall be appointed by the Chairman. (C) Two members shall be appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Homeland Security and Governmental Affairs, the Chairman of the Committee on the Judiciary, and the Chairman of the Committee on Rules and Administration. (D) Two members shall be appointed by the minority leader of the Senate, in consultation with the ranking minority member of the Committee on Homeland Security and Governmental Affairs, the ranking minority member of the Committee on the Judiciary, and the ranking minority member of the Committee on Rules and Administration. (E) Two members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Homeland Security, the Chairman of the Committee on House Administration, and the Chairman of the Committee on the Judiciary. (F) Two members shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking minority member of the Committee on Homeland Security, the ranking minority member of the Committee on the Judiciary, and the ranking minority member of the Committee on House Administration. (2) Qualifications.--Individuals shall be selected for appointment to the Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in relevant fields, including cybersecurity, national security, and the Constitution of the United States. (3) No compensation for service.--Members may not receive compensation for service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with chapter 57 of title 5, United States Code. (4) Deadline for appointment.--All members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (5) Vacancies.--A vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 60 days after the date on which the vacancy occurs. (d) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (e) Quorum and Meetings.-- (1) Quorum.--The Commission shall meet and begin the operations of the Commission not later than 30 days after the date on which all members have been appointed or, if such meeting cannot be mutually agreed upon, on a date designated by the Speaker of the House of Representatives and the President pro Tempore of the Senate. Each subsequent meeting shall occur upon the call of the Chair or a majority of its members. A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings. (2) Authority of individuals to act for commission.--Any member of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this section. (f) Powers.-- (1) Hearings and evidence.--The Commission (or, on the authority of the Commission, any subcommittee or member thereof) may, for the purpose of carrying out this section, hold hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out its duties. (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (g) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance provided under paragraph (1), the Department of Homeland Security, the Election Assistance Commission, and other appropriate departments and agencies of the United States shall provide to the Commission such services, funds, facilities, and staff as they may determine advisable and as may be authorized by law. (h) Public Meetings.--Any public meetings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (i) Security Clearances.-- (1) In general.--The heads of appropriate departments and agencies of the executive branch shall cooperate with the Commission to expeditiously provide Commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements. (2) Preferences.--In appointing staff, obtaining detailees, and entering into contracts for the provision of services for the Commission, the Commission shall give preference to individuals who have active security clearances. (j) Reports.-- (1) Interim reports.--At any time prior to the submission of the final report under paragraph (2), the Commission may submit interim reports to the President and Congress containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission. (2) Final report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission. (k) Termination.-- (1) In general.--The Commission shall terminate upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report required under subsection (j)(2). (2) Administrative activities prior to termination.--During the 60-day period referred to in paragraph (1), the Commission may carry out such administrative activities as may be required to conclude its work, including providing testimony to committees of Congress concerning the final report and disseminating the final report. Subtitle D--Promoting Cybersecurity Through Improvements in Election Administration SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES. (a) Requiring Testing of Existing Voting Systems.-- (1) In general.--Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph: ``(3) Testing to ensure compliance with guidelines.-- ``(A) Testing.--Not later than 9 months before the date of each regularly scheduled general election for Federal office, the Commission shall provide for the testing by accredited laboratories under this section of the voting system hardware and software which was certified for use in the most recent such election, on the basis of the most recent voting system guidelines applicable to such hardware or software (including election cybersecurity guidelines) issued under this Act. ``(B) Decertification of hardware or software failing to meet guidelines.--If, on the basis of the testing described in subparagraph (A), the Commission determines that any voting system hardware or software does not meet the most recent guidelines applicable to such hardware or software issued under this Act, the Commission shall decertify such hardware or software.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. (b) Issuance of Cybersecurity Guidelines by Technical Guidelines Development Committee.--Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following new paragraph: ``(3) Election cybersecurity guidelines.--Not later than 6 months after the date of the enactment of this paragraph, the Development Committee shall issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents.''. (c) Blockchain Technology Study and Report.-- (1) In general.--The Election Assistance Commission shall conduct a study with respect to the use of blockchain technology to enhance voter security in an election for Federal office. (2) Report.--Not later than 90 days after the date of enactment of this Act, the Commission shall submit to Congress a report on the study conducted under paragraph (1). SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS. (a) Inclusion in Definition of Voting System.--Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``this section'' and inserting ``this Act''; (2) by striking ``and'' at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph: ``(2) any electronic poll book used with respect to the election; and''. (b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is amended-- (1) by redesignating subsections (d) and (d) as subsections (d) and (e); and (2) by inserting after subsection (b) the following new subsection: ``(c) Electronic Poll Book Defined.--In this Act, the term `electronic poll book' means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used-- ``(1) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and ``(2) to identify registered voters who are eligible to vote in an election.''. (c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 21081(e)), as redesignated by subsection (b), is amended by striking the period at the end and inserting the following: ``, or, with respect to any requirements relating to electronic poll books, on and after January 1, 2022.''. SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. (a) Requiring States To Submit Reports.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section: ``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. ``(a) Requiring States To Submit Reports.--Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. ``(b) Effective Date.--Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: ``Sec. 301A. Pre-election reports on voting system usage.''. SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION. Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended-- (1) by striking ``The Commission'' and inserting ``(a) In General.--The Commission''; and (2) by adding at the end the following new subsection: ``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for purposes of maintaining the clearinghouse described in paragraph (1) of subsection (a).''. SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE FROM LIMITATIONS ON AMOUNT OF COORDINATED POLITICAL PARTY EXPENDITURES. (a) Exemption.--Section 315(d)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(5)) is amended-- (1) by striking ``(5)'' and inserting ``(5)(A)''; (2) by striking the period at the end and inserting ``, or to expenditures (whether provided as funds or provided as in- kind services) for secure information communications technology or for a cybersecurity product or service or for any other product or service which assists in responding to threats or harassment online.''; and (3) by adding at the end the following new subparagraph: ``(B) In subparagraph (A)-- ``(i) the term `secure information communications technology' means a commercial-off-the-shelf computing device which has been configured to restrict unauthorized access and uses publicly-available baseline configurations; and ``(ii) the term `cybersecurity product or service' means a product or service which helps an organization to achieve the set of standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively identify, detect, protect, respond to, and recover from cyber risks as developed by the National Institute of Standards and Technology pursuant to subsections (c)(15) and (e) of section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272).''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to expenditures made on or after the date of the enactment of this Act. Subtitle E--Preventing Election Hacking SEC. 3401. SHORT TITLE. This subtitle may be cited as the ``Prevent Election Hacking Act of 2021''. SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the ``Election Security Bug Bounty Program'' (in this subtitle referred to as the ``Program'') to improve the cybersecurity of the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities. (b) Voluntary Participation by Election Officials and Election Service Providers.-- (1) No requirement to participate in program.-- Participation in the Program shall be entirely voluntary for State and local election officials and election service providers. (2) Encouraging participation and input from election officials.--In developing the Program, the Secretary shall solicit input from, and encourage participation by, State and local election officials. (c) Activities Funded.--In establishing and carrying out the Program, the Secretary shall-- (1) establish a process for State and local election officials and election service providers to voluntarily participate in the Program; (2) designate appropriate information systems to be included in the Program; (3) provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under paragraph (2) and establish criteria for individuals, organizations, and companies to be considered eligible for such compensation in compliance with Federal laws; (4) consult with the Attorney General on how to ensure that approved individuals, organizations, and companies that comply with the requirements of the Program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law, and from liability under civil actions for specific activities authorized under the Program; (5) consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; (6) develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination regarding eligibility for participation in the Program; and (7) engage qualified interested persons, including representatives of private entities, about the structure of the Program and, to the extent practicable, establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities. (d) Use of Service Providers.--The Secretary may award competitive contracts as necessary to manage the Program. (e) Definitions.--In this section: (1) The term ``Department'' means the Department of Homeland Security. (2) The terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (3) The term ``election cybersecurity vulnerability'' means any security vulnerability that affects an election system. (4) The term ``election infrastructure'' has the meaning given such term in paragraph (6) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as added by section 3021 of this title. (5) The term ``election service provider'' means any person providing, supporting, or maintaining an election system on behalf of a State or local election official, such as a contractor or vendor. (6) The term ``election system'' means any information system which is part of an election infrastructure. (7) The term ``information system'' has the meaning given such term in section 3502 of title 44, United States Code. (8) The term ``Secretary'' means the Secretary of Homeland Security, or, upon designation by the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Director of Cybersecurity and Infrastructure Security of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, or a Senate-confirmed official who reports to the Director. (9) The term ``security vulnerability'' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (10) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands. (11) The term ``voting system'' has the meaning given such term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)). Subtitle F--Election Security Grants Advisory Committee SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. (a) In General.--Subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following: ``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE ``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE. ``(a) Establishment.--There is hereby established an advisory committee (hereinafter in this part referred to as the `Committee') to assist the Commission with respect to the award of grants to States under this Act for the purpose of election security. ``(b) Duties.-- ``(1) In general.--The Committee shall, with respect to an application for a grant received by the Commission-- ``(A) review such application; and ``(B) recommend to the Commission whether to award the grant to the applicant. ``(2) Considerations.--In reviewing an application pursuant to paragraph (1)(A), the Committee shall consider-- ``(A) the record of the applicant with respect to-- ``(i) compliance of the applicant with the requirements under subtitle A of title III; and ``(ii) adoption of voluntary guidelines issued by the Commission under subtitle B of title III; and ``(B) the goals and requirements of election security as described in title III of the For the People Act. ``(c) Membership.--The Committee shall be composed of 15 individuals appointed by the Executive Director of the Commission with experience and expertise in election security. ``(d) No Compensation for Service.--Members of the Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.''. (b) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. Subtitle G--Miscellaneous Provisions SEC. 3601. DEFINITIONS. Except as provided in section 3402, in this title, the following definitions apply: (1) The term ``Chairman'' means the chair of the Election Assistance Commission. (2) The term ``appropriate congressional committees'' means the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate. (3) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (4) The term ``Commission'' means the Election Assistance Commission. (5) The term ``democratic institutions'' means the diverse range of institutions that are essential to ensuring an independent judiciary, free and fair elections, and rule of law. (6) The term ``election agency'' means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (7) The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (8) The term ``Secretary'' means the Secretary of Homeland Security. (9) The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR IMPLEMENTATION. Not later than 120 days after enactment of this Act, the Chairman and the Secretary shall submit a report to the appropriate committees of Congress, including the Committees on Homeland Security and House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, analyzing the adequacy of the funding, resources, and personnel available to carry out this title and the amendments made by this title. Subtitle H--Use of Voting Machines Manufactured in the United States SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES. (a) Requirement.--Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 1504, section 1505, and section 1507, is further amended by adding at the end the following new paragraph: ``(10) Voting machine requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States.''. (b) Conforming Amendment Relating to Effective Date.--Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 1508, is amended by striking ``paragraph (2)'' and inserting ``subsection (a)(10) and paragraph (2)''. Subtitle I--Study and Report on Bots SEC. 3801. SHORT TITLE. This subtitle may be cited as the ``Bots Research Act''. SEC. 3802. TASK FORCE. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Election Assistance Commission, in consultation with the Cybersecurity and Infrastructure Security Agency, shall establish a task force to carry out the study and report required under section 3803. (b) Number and Appointment.--The task force shall be comprised of the following: (1) At least 1 expert representing the Government. (2) At least 1 expert representing academia. (3) At least 1 expert representing non-profit organizations. (4) At least 1 expert representing the social media industry. (5) At least 1 election official. (6) Any other expert that the Commission determines appropriate. (c) Qualifications.--The Commission shall select task force members to serve by virtue of their expertise in automation technology. (d) Deadline for Appointment.--Not later than 90 days after the date of enactment of this Act, the Commission shall appoint the members of the task force. (e) Compensation.--Members of the task force shall serve without pay and shall not receive travel expenses. (f) Task Force Support.--The Commission shall ensure appropriate staff and officials of the Commission are available to support any task force-related work. SEC. 3803. STUDY AND REPORT. (a) Study.--The task force established in this subtitle shall conduct a study of the impact of automated accounts on social media, public discourse, and elections. Such study shall include an assessment of-- (1) what qualifies as a bot or automated account; (2) the extent to which automated accounts are used; (3) how the automated accounts are used; and (4) how to most effectively combat any use of automated accounts that negatively effects social media, public discourse, and elections while continuing to promote the protection of the First Amendment on the internet. (b) Task Force Considerations.--In carrying out the requirements of this section, the task force shall consider, at a minimum-- (1) the promotion of technological innovation; (2) the protection of First Amendment and other constitutional rights of social media users; (3) the need to improve cybersecurity to ensure the integrity of elections; and (4) the importance of continuously reviewing relevant regulations to ensure that such regulations respond effectively to changes in technology. (c) Report.--Not later than 1 year after the establishment of the task force, the task force shall develop and submit to Congress and relevant Federal agencies the results and conclusions of the study conducted under subsection (a). Subtitle J--Severability SEC. 3901. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION B--CAMPAIGN FINANCE TITLE IV--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--Establishing Duty To Report Foreign Election Interference Sec. 4001. Findings relating to illicit money undermining our democracy. Sec. 4002. Federal campaign reporting of foreign contacts. Sec. 4003. Federal campaign foreign contact reporting compliance system. Sec. 4004. Criminal penalties. Sec. 4005. Report to congressional intelligence committees. Sec. 4006. Rule of construction. Subtitle B--DISCLOSE Act Sec. 4100. Short title. Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities. Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 4103. Audit and report on illicit foreign money in Federal elections. Sec. 4104. Prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda. Sec. 4105. Disbursements and activities subject to foreign money ban. Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. Part 2--Reporting of Campaign-Related Disbursements Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 4113. Effective date. Part 3--Other Administrative Reforms Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Part 4--Disclosure of Contributions to Political Committees Immediately Prior to Election Sec. 4131. Disclosure of contributions to political committees immediately prior to election. Subtitle C--Strengthening Oversight of Online Political Advertising Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 4210. Independent study on media literacy and online political content consumption. Sec. 4211. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle D--Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand by every ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 4305. Effective date. Subtitle E--Deterring Foreign Interference in Elections Part 1--Deterrence Under Federal Election Campaign Act of 1971 Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests. Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. Sec. 4404. Clarification of application of foreign money ban. Part 2--Notifying States of Disinformation Campaigns by Foreign Nationals Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. Part 3--Prohibiting Use of Deepfakes in Election Campaigns Sec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election. Part 4--Assessment of Exemption of Registration Requirements Under FARA for Registered Lobbyists Sec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists. Subtitle F--Secret Money Transparency Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Sec. 4502. Repeal of regulations. Subtitle G--Shareholder Right-to-Know Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity. Sec. 4602. Assessment of shareholder preferences for disbursements for political purposes. Sec. 4603. Governance and operations of corporate PACs. Subtitle H--Disclosure of Political Spending by Government Contractors Sec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle I--Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4801. Short title. Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. Subtitle J--Miscellaneous Provisions Sec. 4901. Effective dates of provisions. Sec. 4902. Severability. Subtitle A--Establishing Duty To Report Foreign Election Interference SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR DEMOCRACY. Congress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as ``shell companies,'' to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities. (2) The public release of the ``Panama Papers'' in 2016 and the ``Paradise Papers'' in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement. (3) Since the Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. (5) Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector. (6) Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anti-corruption laws and regulations. SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS. (a) Initial Notice.-- (1) In general.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. ``(2) Individual obligation to notify.--Not later than 3 days after a reportable foreign contact-- ``(A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and ``(B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ``(3) Reportable foreign contact.--In this subsection: ``(A) In general.--The term `reportable foreign contact' means any direct or indirect contact or communication that-- ``(i) is between-- ``(I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and ``(II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and ``(ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves-- ``(I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or ``(II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election. ``(B) Exceptions.-- ``(i) Contacts in official capacity as elected official.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. ``(ii) Contacts for purposes of enabling observation of elections by international observers.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. ``(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements.--A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. ``(C) Covered foreign national defined.-- ``(i) In general.--In this paragraph, the term `covered foreign national' means-- ``(I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b))) that is a government of a foreign country or a foreign political party; ``(II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or ``(III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I). ``(ii) Clarification regarding application to citizens of the united states.--In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause (I) of clause (i). ``(4) Immediate family member.--In this subsection, the term `immediate family member' means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information Included on Report.-- (1) In general.--Section 304(b) of such Act (52 U.S.C. 30104(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) for any reportable foreign contact (as defined in subsection (j)(3))-- ``(A) the date, time, and location of the contact; ``(B) the date and time of when a designated official of the committee was notified of the contact; ``(C) the identity of individuals involved; and ``(D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM. (a) In General.--Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection: ``(j) Reportable Foreign Contacts Compliance Policy.-- ``(1) Reporting.--Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. ``(2) Retention and preservation of records.--Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. ``(3) Certification.-- ``(A) In general.--Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that-- ``(i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); ``(ii) the committee has designated an official to monitor compliance with such policies; and ``(iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will-- ``(I) receive notice of such policies; ``(II) be informed of the prohibitions under section 319; and ``(III) sign a certification affirming their understanding of such policies and prohibitions. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after the date of the enactment of this Act. (2) Transition rule for existing committees.--Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). SEC. 4004. CRIMINAL PENALTIES. Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs: ``(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. ``(F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both.''. SEC. 4005. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4002(a) of this Act). (b) Elements.--Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional Intelligence Committees Defined.--In this section, the term ``congressional intelligence committees'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). SEC. 4006. RULE OF CONSTRUCTION. Nothing in this subtitle or the amendments made by this subtitle shall be construed-- (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who-- (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). Subtitle B--DISCLOSE Act SEC. 4100. SHORT TITLE. This subtitle may be cited as the ``Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021'' or the ``DISCLOSE Act of 2021''. PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN ELECTIONS SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN NATIONALS IN ELECTION-RELATED ACTIVITIES. (a) Clarification of Prohibition.--Section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person's Federal or non-Federal election- related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee.''. (b) Certification of Compliance.--Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection: ``(c) Certification of Compliance Required Prior To Carrying Out Activity.--Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year.''. (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN DISBURSEMENTS AND ACTIVITIES. (a) Application to Disbursements to Super PACs and Other Persons.-- Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon and inserting the following: ``, including any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3));''. (b) Conditions Under Which Corporate PACs May Make Contributions and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph: ``(8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year: ``(A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States. ``(B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act. ``(C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund. ``(D) Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities.''. SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL ELECTIONS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section 1821, is further amended by inserting after section 319A the following new section: ``SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(a) Audit.-- ``(1) In general.--The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle. ``(2) Procedures.--In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. ``(b) Report.--Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing-- ``(1) results of the audit required by subsection (a)(1); ``(2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; ``(3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; ``(4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and ``(5) recommendations to address the presence of illicit foreign money in elections, as appropriate. ``(c) Definitions.--As used in this section: ``(1) The term `Federal election cycle' means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. ``(2) The term `illicit foreign money' means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND REFERENDA. (a) In General.--Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking ``State, or local election'' and inserting the following: ``State, or local election, including a State or local ballot initiative or referendum''. (b) Effective Date.--The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year. SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN. (a) Disbursements Described.--Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: ``(C) an expenditure; ``(D) an independent expenditure; ``(E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); ``(F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special, or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; ``(G) a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks, or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); ``(H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C); ``(I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks, or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); and ``(J) a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(2)).''. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. SEC. 4106. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS. (a) Prohibition.--Chapter 29 of title 18, United States Code, as amended by section 1071(a) and section 1201(a), is amended by adding at the end the following: ``Sec. 614. Establishment of corporation to conceal election contributions and donations by foreign nationals ``(a) Offense.--It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319. ``(b) Penalty.--Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.''. (b) Table of Sections.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b) and section 1201(b), is amended by inserting after the item relating to section 613 the following: ``614. Establishment of corporation to conceal election contributions and donations by foreign nationals.''. PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS. (a) Disclosure Requirements for Corporations, Labor Organizations, and Certain Other Entities.-- (1) In general.--Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows: ``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED ORGANIZATIONS. ``(a) Disclosure Statement.-- ``(1) In general.--Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)-- ``(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and ``(B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. ``(2) Information described.--The information described in this paragraph is as follows: ``(A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that-- ``(i) identifies each beneficial owner by name and current residential or business street address; and ``(ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. ``(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. ``(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. ``(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. ``(E)(i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account-- ``(I) the name and address of each person who made such payment during the period covered by the statement; ``(II) the date and amount of such payment; and ``(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2022. ``(F)(i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization-- ``(I) the name and address of each person who made such payment during the period covered by the statement; ``(II) the date and amount of such payment; and ``(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2022. ``(G) Such other information as required in rules established by the Commission to promote the purposes of this section. ``(3) Exceptions.-- ``(A) Amounts received in ordinary course of business.--The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. ``(B) Donor restriction on use of funds.--The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if-- ``(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign- related disbursements; and ``(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. ``(C) Threat of harassment or reprisal.--The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. ``(4) Other definitions.--For purposes of this section: ``(A) Beneficial owner defined.-- ``(i) In general.--Except as provided in clause (ii), the term `beneficial owner' means, with respect to any entity, a natural person who, directly or indirectly-- ``(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or ``(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. ``(ii) Exceptions.--The term `beneficial owner' shall not include-- ``(I) a minor child; ``(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; ``(III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; ``(IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or ``(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). ``(iii) Anti-abuse rule.--The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). ``(B) Disclosure date.--The term `disclosure date' means-- ``(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and ``(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. ``(C) Election reporting cycle.--The term `election reporting cycle' means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign- related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made. ``(D) Payment.--The term `payment' includes any contribution, donation, transfer, payment of dues, or other payment. ``(b) Coordination With Other Provisions.-- ``(1) Other reports filed with the commission.--Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. ``(2) Treatment as separate segregated fund.--A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. ``(c) Filing.--Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. ``(d) Campaign-Related Disbursement Defined.-- ``(1) In general.--In this section, the term `campaign- related disbursement' means a disbursement by a covered organization for any of the following: ``(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. ``(B) Any public communication which refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. ``(C) An electioneering communication, as defined in section 304(f)(3). ``(D) A Federal judicial nomination communication. ``(E) A covered transfer. ``(2) Federal judicial nomination communication.-- ``(A) In general.--The term `Federal judicial nomination communication' means any communication-- ``(i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and ``(ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(3) Exception.--The term `campaign-related disbursement' does not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(4) Intent not required.--A disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. ``(e) Covered Organization Defined.--In this section, the term `covered organization' means any of the following: ``(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). ``(4) A labor organization (as defined in section 316(b)). ``(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). ``(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. ``(f) Covered Transfer Defined.-- ``(1) In general.--In this section, the term `covered transfer' means any transfer or payment of funds by a covered organization to another person if the covered organization-- ``(A) designates, requests, or suggests that the amounts be used for-- ``(i) campaign-related disbursements (other than covered transfers); or ``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; ``(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for-- ``(i) the making of or paying for campaign- related disbursements (other than covered transfers); or ``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; ``(C) engaged in discussions with the recipient of the transfer or payment regarding-- ``(i) the making of or paying for campaign- related disbursements (other than covered transfers); or ``(ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; ``(D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or ``(E) knew or had reason to know that the person receiving the transfer or payment would make campaign- related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. ``(2) Exclusions.--The term `covered transfer' does not include any of the following: ``(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. ``(B) A disbursement made by a covered organization if-- ``(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and ``(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. ``(3) Special rule regarding transfers among affiliates.-- ``(A) Special rule.--A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. ``(B) Determination of amount of certain payments among affiliates.--In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. ``(C) Description of transfers between affiliates.--A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- ``(i) one of the organizations is an affiliate of the other organization; or ``(ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign- related disbursements. ``(D) Determination of affiliate status.--For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if-- ``(i) the governing instrument of the organization requires it to be bound by decisions of the other organization; ``(ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or ``(iii) the organization is chartered by the other organization. ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. ``(g) No Effect on Other Reporting Requirements.--Nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign- related disbursements.''. (2) Conforming amendment.--Section 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking ``Any requirement'' and inserting ``Except as provided in section 324(b), any requirement''. (b) Coordination With FinCEN.-- (1) In general.--The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as added by this section. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED TRANSFERS. Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended by striking the semicolon at the end and inserting the following: ``, and any disbursement, other than an disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement;''. SEC. 4113. EFFECTIVE DATE. The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. PART 3--OTHER ADMINISTRATIVE REFORMS SEC. 4121. PETITION FOR CERTIORARI. Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS. (a) In General.--Title IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section: ``SEC. 407. JUDICIAL REVIEW. ``(a) In General.--Notwithstanding section 373(f), if any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: ``(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. ``(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. ``(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. ``(b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). ``(c) Intervention by Members of Congress.--In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. ``(d) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''. (b) Conforming Amendments.-- (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 9011. JUDICIAL REVIEW. ``For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 9041. JUDICIAL REVIEW. ``For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. (3) Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed. (c) Effective Date.--The amendments made by this section shall apply to actions brought on or after January 1, 2021. PART 4--DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY PRIOR TO ELECTION SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY PRIOR TO ELECTION. (a) Disclosure.--Section 304(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(6)) is amended-- (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) A political committee, including a super PAC, shall notify the Commission of any contribution or donation of more than $5,000 received by the committee during the period beginning on the 20th day before any election in connection with which the committee makes a contribution or expenditure and ending 48 hours before such an election. ``(ii) The committee shall make the notification under clause (i) not later than 48 hours after the receipt of the contribution or donation involved, and shall include the name of the committee, the name of the person making the contribution or donation, and the date and amount of the contribution or donation. ``(iii) For purposes of this subparagraph, a pledge, promise, understanding, or agreement to make a contribution or expenditure with respect to an election shall be treated as the making of a contribution or expenditure with respect to the election. ``(iv) This subparagraph does not apply to an authorized committee of a candidate or any committee of a political party. ``(v) In this subparagraph, the term `super PAC' means a political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act, and includes an account of such a committee which is established for the purpose of accepting such donations or contributions.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring during 2022 or any succeeding year. Subtitle C--Strengthening Oversight of Online Political Advertising SEC. 4201. SHORT TITLE. This subtitle may be cited as the ``Honest Ads Act''. SEC. 4202. PURPOSE. The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court's well-established standard that the electorate bears the right to be fully informed. SEC. 4203. FINDINGS. Congress makes the following findings: (1) On January 6, 2017, the Office of the Director of National Intelligence published a report titled ``Assessing Russian Activities and Intentions in Recent U.S. Elections'', noting that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election * * *''. Moscow's influence campaign followed a Russian messaging strategy that blends covert intelligence operation--such as cyber activity--with overt efforts by Russian Government agencies, state-funded media, third-party intermediaries, and paid social media users or ``trolls''. (2) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians ``exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment * * * as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders.''. (3) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election's 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (4) On September 6, 2017, the Nation's largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro-Kremlin organization. According to the company, the ads purchased focused ``on amplifying divisive social and political messages * * *''. (5) In 2002, the Bipartisan Campaign Reform Act became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements ``provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking.''. (6) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (7) The reach of a few large internet platforms--larger than any broadcast, satellite, or cable provider--has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 Americans users--over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers. And the most- watched television broadcast in United States history had 118,000,000 viewers. (8) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents; this creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (9) According to comScore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services--which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans-- representing 68 percent of all Americans--use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (10) In its 2006 rulemaking, the Federal Election Commission noted that only 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election; by contrast, the Pew Research Center found that 65 percent of Americans identified an internet-based source as their leading source of information for the 2016 election. (11) The Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process by providing transparency and administering campaign finance laws, has failed to take action to address online political advertisements. (12) In testimony before the Senate Select Committee on Intelligence titled, ``Disinformation: A Primer in Russian Active Measures and Influence Campaigns'', multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide ``platform practically purpose-built for active measures'' Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War ``if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras.''. (13) Current regulations on political advertisements do not provide sufficient transparency to uphold the public's right to be fully informed about political advertisements made online. SEC. 4204. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION. (a) In General.--Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ``or satellite communication'' and inserting ``satellite, paid internet, or paid digital communication''. (b) Treatment of Contributions and Expenditures.--Section 301 of such Act (52 U.S.C. 30101) is amended-- (1) in paragraph (8)(B)(v), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''; and (2) in paragraph (9)(B)-- (A) by amending clause (i) to read as follows: ``(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''; and (B) in clause (iv), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''. (c) Disclosure and Disclaimer Statements.--Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended-- (1) by striking ``financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``financing any public communication''; and (2) by striking ``solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``solicits any contribution through any public communication''. SEC. 4206. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION. (a) Expansion to Online Communications.-- (1) Application to qualified internet and digital communications.-- (A) In general.--Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or satellite communication'' each place it appears in clauses (i) and (ii) and inserting ``satellite, or qualified internet or digital communication''. (B) Qualified internet or digital communication.-- Paragraph (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the end the following new subparagraph: ``(D) Qualified internet or digital communication.--The term `qualified internet or digital communication' means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).''. (2) Nonapplication of relevant electorate to online communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any broadcast, cable, or satellite'' before ``communication''. (3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows: ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''. (b) Effective Date.--The amendments made by this section shall apply with respect to communications made on or after January 1, 2022. SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS. (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended-- (1) by striking ``shall clearly state'' each place it appears in paragraphs (1), (2), and (3) and inserting ``shall state in a clear and conspicuous manner''; and (2) by adding at the end the following flush sentence: ``For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.''. (b) Special Rules for Qualified Internet or Digital Communications.-- (1) In general.--Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection: ``(e) Special Rules for Qualified Internet or Digital Communications.-- ``(1) Special rules with respect to statements.--In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner-- ``(A) state the name of the person who paid for the communication; and ``(B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. ``(2) Safe harbor for determining clear and conspicuous manner.--A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: ``(A) Text or graphic communications.--In the case of a text or graphic communication, the statement-- ``(i) appears in letters at least as large as the majority of the text in the communication; and ``(ii) meets the requirements of paragraphs (2) and (3) of subsection (c). ``(B) Audio communications.--In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. ``(C) Video communications.--In the case of a video communication which also includes audio, the statement-- ``(i) is included at either the beginning or the end of the communication; and ``(ii) is made both in-- ``(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and ``(II) an audible format that meets the requirements of subparagraph (B). ``(D) Other communications.--In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).''. (2) Nonapplication of certain exceptions.--The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of Additional Requirements for Certain Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``which is transmitted through radio'' and inserting ``which is in an audio format''; and (B) by striking ``By radio'' in the heading and inserting ``Audio format''; (2) in paragraph (1)(B)-- (A) by striking ``which is transmitted through television'' and inserting ``which is in video format''; and (B) by striking ``By television'' in the heading and inserting ``Video format''; and (3) in paragraph (2)-- (A) by striking ``transmitted through radio or television'' and inserting ``made in audio or video format''; and (B) by striking ``through television'' in the second sentence and inserting ``in video format''. SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002, is amended by adding at the end the following new subsection: ``(k) Disclosure of Certain Online Advertisements.-- ``(1) In general.-- ``(A) Requirements for online platforms.--An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. ``(B) Requirements for advertisers.--Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). ``(2) Contents of record.--A record maintained under paragraph (1)(A) shall contain-- ``(A) a digital copy of the qualified political advertisement; ``(B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, the number of views by unique individuals generated by the advertisement, the number of times the advertisement was shared, and the date and time that the advertisement is first displayed and last displayed; and ``(C) information regarding-- ``(i) the average rate charged for the advertisement; ``(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); ``(iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person, and, if the person purchasing the advertisement is acting as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a statement that the person is acting as the agent of a foreign principal and the identification of the foreign principal involved. ``(3) Online platform.--For purposes of this subsection, the term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which-- ``(A) sells qualified political advertisements; and ``(B) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. ``(4) Qualified political advertisement.--For purposes of this subsection, the term `qualified political advertisement' means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that-- ``(A) is made by or on behalf of a candidate; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(5) Time to maintain file.--The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. ``(6) Safe harbor for platforms making best efforts to identify requests which are subject to record maintenance requirements.--In accordance with rules established by the Commission, if an online platform shows that the platform used best efforts to determine whether or not a request to purchase a qualified political advertisement was subject to the requirements of this subsection, the online platform shall not be considered to be in violation of such requirements. ``(7) Penalties.--For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.''. (b) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules-- (1) requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date; and (3) establishing the criteria for the safe harbor exception provided under paragraph (6) of section 304(k) of such Act (as added by subsection (a)). (c) Reporting.--Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on-- (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE ADVERTISING. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(b), is further amended by adding at the end the following new subsection: ``(d) Responsibilities of Broadcast Stations, Providers of Cable and Satellite Television, and Online Platforms.-- ``(1) Responsibilities described.--Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. For purposes of the previous sentence, a station, provider, or online platform shall not be considered to have made reasonable efforts under this paragraph in the case of the availability of a communication unless the station, provider, or online platform directly inquires from the individual or entity making such purchase whether the purchase is to be made by a foreign national, directly or indirectly. ``(2) Special rules for disbursement paid with credit card.--For purposes of paragraph (1), a television or radio broadcast station, provider of cable or satellite television, or online platform shall be considered to have made reasonable efforts under such paragraph in the case of a purchase of the availability of a communication which is made with a credit card if-- ``(A) the individual or entity making such purchase is required, at the time of making such purchase, to disclose the credit verification value of such credit card; and ``(B) the billing address associated with such credit card is located in the United States or, in the case of a purchase made by an individual who is a United States citizen living outside of the United States, the individual provides the television or radio broadcast station, provider of cable or satellite television, or online platform with the United States mailing address the individual uses for voter registration purposes.''. SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE POLITICAL CONTENT CONSUMPTION. (a) Independent Study.--Not later than 30 days after the date of enactment of this Act, the Federal Election Commission shall commission an independent study and report on media literacy with respect to online political content consumption among voting-age Americans. (b) Elements.--The study and report under subsection (a) shall include the following: (1) An evaluation of media literacy skills, such as the ability to evaluate sources, synthesize multiple accounts into a coherent understanding of an issue, understand the context of communications, and responsibly create and share information, among voting-age Americans. (2) An analysis of the effects of media literacy education and particular media literacy skills on the ability to critically consume online political content, including political advertising. (3) Recommendations for improving voting-age Americans' ability to critically consume online political content, including political advertising. (c) Deadline.--Not later than 270 days after the date of enactment of this Act, the entity conducting the study and report under subsection (a) shall submit the report to the Commission. (d) Submission to Congress.--Not later than 30 days after receiving the report under subsection (c), the Commission shall submit the report to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, together with such comments on the report as the Commission considers appropriate. (e) Definition of Media Literacy.--The term ``media literacy'' means the ability to-- (1) access relevant and accurate information through media; (2) critically analyze media content and the influences of media; (3) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (4) make educated decisions based on information obtained from media and digital sources; (5) operate various forms of technology and digital tools; and (6) reflect on how the use of media and technology may affect private and public life. SEC. 4211. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED. (a) Requirement.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002 and section 4208(a), is amended by adding at the end the following new subsection: ``(l) Ensuring Display and Sharing of Sponsor Identification in Online Political Advertisements.-- ``(1) Requirement.-- An online platform displaying a qualified political advertisement shall-- ``(A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and ``(B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. ``(2) Definitions.--In this subsection,-- ``(A) the term `online platform' has the meaning given such term in subsection (k)(3); and ``(B) the term `qualified political advertisement' has the meaning given such term in subsection (k)(4).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120-day period which begins on the date of the enactment of this Act. Subtitle D--Stand By Every Ad SEC. 4301. SHORT TITLE. This subtitle may be cited as the ``Stand By Every Ad Act''. SEC. 4302. STAND BY EVERY AD. (a) Expanded Disclaimer Requirements for Certain Communications.-- Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120), as amended by section 4207(b)(1), is further amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) Expanded Disclaimer Requirements for Communications Not Authorized by Candidates or Committees.-- ``(1) In general.--Except as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an Internet or digital communication), or which is an Internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: ``(A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). ``(B) If the communication is transmitted in a video format, or is an Internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324-- ``(i) the Top Five Funders list (if applicable); or ``(ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an Internet or digital communication, a hyperlink to such website. ``(C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324-- ``(i) the Top Two Funders list (if applicable); or ``(ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable). ``(2) Disclosure statements described.-- ``(A) Individual disclosure statements.--The individual disclosure statement described in this subparagraph is the following: `I am ________, and I approve this message.', with the blank filled in with the name of the applicable individual. ``(B) Organizational disclosure statements.--The organizational disclosure statement described in this subparagraph is the following: `I am ________, the ________ of ________, and ________ approves this message.', with-- ``(i) the first blank to be filled in with the name of the applicable individual; ``(ii) the second blank to be filled in with the title of the applicable individual; and ``(iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. ``(3) Method of conveyance of statement.-- ``(A) Communications in text or graphic format.--In the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. ``(B) Communications transmitted in audio format.-- In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. ``(C) Communications transmitted in video format.-- In the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1)-- ``(i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and ``(ii) shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. ``(4) Applicable individual defined.--The term `applicable individual' means, with respect to a communication to which this subsection applies-- ``(A) if the communication is paid for by an individual, the individual involved; ``(B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); ``(C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and ``(D) if the communication is paid for by any other person, the highest ranking official of such person. ``(5) Top five funders list and top two funders list defined.-- ``(A) Top five funders list.--The term `Top Five Funders list' means, with respect to a communication which is paid for in whole or in part with a campaign- related disbursement (as defined in section 324), a list of the five persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Five Funders list. ``(B) Top two funders list.--The term `Top Two Funders list' means, with respect to a communication which is paid for in whole or in part with a campaign- related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Two Funders list. ``(C) Exclusion of certain payments.--For purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: ``(i) Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. ``(ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. ``(6) Special rules for certain communications.-- ``(A) Exception for communications paid for by political parties and certain political committees.-- This subsection does not apply to any communication to which subsection (d)(2) applies. ``(B) Treatment of video communications lasting 10 seconds or less.--In the case of a communication to which this subsection applies which is transmitted in a video format, or is an Internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: ``(i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). ``(ii) The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. ``(iii) The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. ``(iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii).''. (b) Application of Expanded Requirements to Public Communications Consisting of Campaign-Related Disbursements.-- (1) In general.--Section 318(a) of such Act (52 U.S.C. 30120(a)) is amended by striking ``for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate'' and inserting ``for a campaign- related disbursement, as defined in section 324, consisting of a public communication''. (2) Clarification of exemption from inclusion of candidate disclaimer statement in federal judicial nomination communications.--Section 318(a)(3) of such Act (52 U.S.C. 30120(a)(3)) is amended by striking ``shall state'' and inserting ``shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(2)) state''. (c) Exception for Communications Paid for by Political Parties and Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C. 30120(d)(2)) is amended-- (1) in the heading, by striking ``others'' and inserting ``certain political committees''; (2) by striking ``Any communication'' and inserting ``(A) Any communication''; (3) by inserting ``which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and'' after ``subsection (a)''; (4) by striking ``or other person'' each place it appears; and (5) by adding at the end the following new subparagraph: ``(B)(i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. ``(ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: ``(I) Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. ``(II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign- related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements.''. SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH PRERECORDED TELEPHONE CALLS. (a) Application of Requirements.-- (1) In general.--Section 318(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by section 4205(c), is amended by striking ``public communication'' each place it appears and inserting the following: ``public communication (including a telephone call consisting in substantial part of a prerecorded audio message)''. (2) Application to communications subject to expanded disclaimer requirements.--Section 318(e)(1) of such Act (52 U.S.C. 30120(e)(1)), as added by section 4302(a), is amended in the matter preceding subparagraph (A) by striking ``which is transmitted in an audio or video format'' and inserting ``which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message''. (b) Treatment as Communication Transmitted in Audio Format.-- (1) Communications by candidates or authorized persons.-- Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by adding at the end the following new paragraph: ``(3) Prerecorded telephone calls.--Any communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call.''. (2) Communications subject to expanded disclaimer requirements.--Section 318(e)(3) of such Act (52 U.S.C. 30120(e)(3)), as added by section 4302(a), is amended by adding at the end the following new subparagraph: ``(D) Prerecorded telephone calls.--In the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format.''. SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON INTERNET COMMUNICATIONS. Nothing in this subtitle or the amendments made by this subtitle may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications. SEC. 4305. EFFECTIVE DATE. The amendments made by this subtitle shall apply with respect to communications made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. Subtitle E--Deterring Foreign Interference in Elections PART 1--DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION BETWEEN CANDIDATES AND FOREIGN POWERS. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(b) and section 4209, is further amended by adding at the end the following new subsection: ``(e) Restrictions on Exchange of Information Between Candidates and Foreign Powers.-- ``(1) Treatment of offer to share nonpublic campaign material as solicitation of contribution from foreign national.--If a candidate or an individual affiliated with the campaign of a candidate, or if a political committee or an individual affiliated with a political committee, provides or offers to provide nonpublic campaign material to a covered foreign national or to another person whom the candidate, committee, or individual knows or has reason to know will provide the material to a covered foreign national, the candidate, committee, or individual (as the case may be) shall be considered for purposes of this section to have solicited a contribution or donation described in subsection (a)(1)(A) from a foreign national. ``(2) Definitions.--In this subsection, the following definitions apply: ``(A) The term `candidate' means an individual who seeks nomination for, or election to, any Federal, State, or local public office. ``(B) The term `covered foreign national' has the meaning given such term in section 304(j)(3)(C). ``(C) The term `individual affiliated with a campaign' means, with respect to a candidate, an employee of any organization legally authorized under Federal, State, or local law to support the candidate's campaign for nomination for, or election to, any Federal, State, or local public office, as well as any independent contractor of such an organization and any individual who performs services on behalf of the organization, whether paid or unpaid. ``(D) The term `individual affiliated with a political committee' means, with respect to a political committee, an employee of the committee as well as any independent contractor of the committee and any individual who performs services on behalf of the committee, whether paid or unpaid. ``(E) The term `nonpublic campaign material' means, with respect to a candidate or a political committee, campaign material that is produced by the candidate or the committee or produced at the candidate or committee's expense or request which is not distributed or made available to the general public or otherwise in the public domain, including polling and focus group data and opposition research, except that such term does not include material produced for purposes of consultations relating solely to the candidate's or committee's position on a legislative or policy matter.''. SEC. 4402. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE OF COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE INTERESTS. Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the following new paragraph: ``(10) For purposes of paragraph (7), an expenditure or disbursement may be considered to have been made in cooperation, consultation, or concert with, or coordinated with, a person without regard to whether or not the cooperation, consultation, or coordination is carried out pursuant to agreement or formal collaboration.''. SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(a), section 4101(b), section 4209, and section 4401, is further amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; or''; and (C) by adding at the end the following: ``(4) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1), (2), or (3).''; and (2) by adding at the end the following new subsections: ``(f) Knowingly Described.-- ``(1) In general.--For purposes of subsection (a)(4), the term `knowingly' means actual knowledge, constructive knowledge, awareness of pertinent facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of pertinent facts that would lead a reasonable person to conduct a reasonable inquiry to establish-- ``(A) with respect to an activity described in subsection (a)(1), that the contribution, donation, expenditure, independent expenditure, or disbursement is from a foreign national; ``(B) with respect to an activity described in subsection (a)(2), that the contribution or donation solicited, accepted, or received is from a foreign national; and ``(C) with respect to an activity described in subsection (a)(3), that the person directing, dictating, controlling, or directly or indirectly participating in the decisionmaking process is a foreign national. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received, or that the person directing, dictating, controlling, or directly or indirectly participating in the decisionmaking process-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(g) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1), (2), or (3) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. SEC. 4404. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN. (a) Clarification of Treatment of Provision of Certain Information as Contribution or Donation of a Thing of Value.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(a), section 4101(b), section 4209, section 4401, and section 4403, is amended by adding at the end the following new subsection: ``(h) Clarification of Treatment of Provision of Certain Information as Contribution or Donation of a Thing of Value.--For purposes of this section, a `contribution or donation of money or other thing of value' includes the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, regardless of whether such research, polling, or information has monetary value, except that nothing in this subsection shall be construed to treat the mere provision of an opinion about a candidate as a thing of value for purposes of this section.''. (b) Clarification of Application of Foreign Money Ban to All Contributions and Donations of Things of Value and to All Solicitations of Contributions and Donations of Things of Value.--Section 319(a) of such Act (52 U.S.C. 30121(a)) is amended-- (1) in paragraph (1)(A), by striking ``promise to make a contribution or donation'' and inserting ``promise to make such a contribution or donation''; (2) in paragraph (1)(B), by striking ``donation'' and inserting ``donation of money or other thing of value, or to make an express or implied promise to make such a contribution or donation,''; and (3) by amending paragraph (2) to read as follows: ``(2) a person to solicit, accept, or receive (directly or indirectly) a contribution, donation, or disbursement described in paragraph (1), or to solicit, accept, or receive (directly or indirectly) an express or implied promise to make such a contribution or donation, from a foreign national.''. PART 2--NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN NATIONALS SEC. 4411. NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN NATIONALS. (a) Requiring Disclosure.--If the Federal Election Commission makes a determination that a foreign national has initiated or has attempted to initiate a disinformation campaign targeted at an election for public office held in a State, the Commission shall notify the State involved of the determination not later than 30 days after making the determination. (b) Definitions.--In this section the term ``foreign national'' has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)). PART 3--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS SEC. 4421. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AUDIO OR VISUAL MEDIA PRIOR TO ELECTION. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: ``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE MEDIA PRIOR TO ELECTION. ``(a) In General.--Except as provided in subsections (b) and (c), a person, political committee, or other entity shall not, within 60 days of an election for Federal office at which a candidate for elective office will appear on the ballot, distribute, with actual malice, materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate. ``(b) Exception.-- ``(1) Required language.--The prohibition in subsection (a) does not apply if the audio or visual media includes-- ``(A) a disclosure stating: ``This _____ has been manipulated.''; and ``(B) filled in the blank in the disclosure under subparagraph (A), the term `image', `video', or `audio', as most accurately describes the media. ``(2) Visual media.--For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video. ``(3) Audio-only media.--If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each. ``(c) Inapplicability to Certain Entities.--This section does not apply to the following: ``(1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media. ``(2) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audio or visual media. ``(3) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate. ``(4) Materially deceptive audio or visual media that constitutes satire or parody. ``(d) Civil Action.-- ``(1) Injunctive or other equitable relief.--A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media in violation of this section. An action under this paragraph shall be entitled to precedence in accordance with the Federal Rules of Civil Procedure. ``(2) Damages.--A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against the person, committee, or other entity that distributed the materially deceptive audio or visual media. The court may also award a prevailing party reasonable attorney's fees and costs. This paragraph shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy. ``(3) Burden of proof.--In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence. ``(e) Rule of Construction.--This section shall not be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under section 230 of title 47, United States Code. ``(f) Materially Deceptive Audio or Visual Media Defined.--In this section, the term `materially deceptive audio or visual media' means an image or an audio or video recording of a candidate's appearance, speech, or conduct that has been intentionally manipulated in a manner such that both of the following conditions are met: ``(1) The image or audio or video recording would falsely appear to a reasonable person to be authentic. ``(2) The image or audio or video recording would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of the image or audio or video recording than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio or video recording.''. (b) Criminal Penalties.--Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as amended by section 4004, is further amended by adding at the end the following new subparagraph: ``(G) Any person who knowingly and willfully commits a violation of section 325 shall be fined not more than $100,000, imprisoned not more than 5 years, or both.''. (c) Effect on Defamation Action.--For purposes of an action for defamation, a violation of section 325 of the Federal Election Campaign Act of 1971, as added by subsection (a), shall constitute defamation per se. PART 4--ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA FOR REGISTERED LOBBYISTS SEC. 4431. ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA FOR REGISTERED LOBBYISTS. Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit to Congress an assessment of the implications of the exemption provided under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) for agents of foreign principals who are also registered lobbyists under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and shall include in the assessment an analysis of the extent to which revisions in such Acts might mitigate the risk of foreign government money influencing elections or political processes in the United States. Subtitle F--Secret Money Transparency SEC. 4501. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF CERTAIN NONPROFIT ORGANIZATIONS. Section 122 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. SEC. 4502. REPEAL OF REGULATIONS. The final regulations of the Department of the Treasury relating to guidance under section 6033 of the Internal Revenue Code of 1986 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect. Subtitle G--Shareholder Right-to-Know SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS BY SECURITIES AND EXCHANGE COMMISSION TO ENSURE SHAREHOLDERS OF CORPORATIONS HAVE KNOWLEDGE OF CORPORATION POLITICAL ACTIVITY. Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. SEC. 4602. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR POLITICAL PURPOSES. (a) Assessment Required.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10D the following: ``SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR POLITICAL PURPOSES. ``(a) Assessment Required Before Making a Disbursement for a Political Purpose.-- ``(1) Requirement.--An issuer with an equity security listed on a national securities exchange may not make a disbursement for a political purpose unless-- ``(A) the issuer has in place procedures to assess the preferences of the shareholders of the issuer with respect to making such disbursements; and ``(B) such an assessment has been made within the 1-year period ending on the date of such disbursement. ``(2) Treatment of issuers whose shareholders are prohibited from expressing preferences.--Notwithstanding paragraph (1), an issuer described under such paragraph with procedures in place to assess the preferences of its shareholders with respect to making disbursements for political purposes shall not be subject to the requirements of such paragraph if a majority of the number of the outstanding equity securities of the issuer are held by persons who are prohibited from expressing partisan or political preferences by law, contract, or the requirement to meet a fiduciary duty. ``(3) No assessment of preferences of foreign nationals.-- Notwithstanding paragraph (1), an issuer described in such paragraph shall not use the procedures described in such paragraph to assess the preferences of any shareholder who is a foreign national, as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121). ``(b) Assessment Requirements.--The assessment described under subsection (a) shall assess-- ``(1) which types of disbursements for a political purpose the shareholder believes the issuer should make; ``(2) whether the shareholder believes that such disbursements should be made in support of, or in opposition to, Republican, Democratic, Independent, or other political party candidates and political committees; ``(3) whether the shareholder believes that such disbursements should be made with respect to elections for Federal, State, or local office; and ``(4) such other information as the Commission may specify, by rule. ``(c) Disbursement for a Political Purpose Defined.-- ``(1) In general.--For purposes of this section, the term `disbursement for a political purpose' means any of the following: ``(A) A disbursement for an independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17)). ``(B) A disbursement for an electioneering communication, as defined in section 304(f) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)). ``(C) A disbursement for any public communication, as defined in section 301(22) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))-- ``(i) which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office; or ``(ii) which refers to a clearly identified candidate for election for Federal office and which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. ``(D) Any other disbursement which is made for the purpose of influencing the outcome of an election for a public office. ``(E) Any transfer of funds to another person which is made with the intent that such person will use the funds to make a disbursement described in subparagraphs (A) through (D), or with the knowledge that the person will use the funds to make such a disbursement. ``(2) Exceptions.--The term `disbursement for a political purpose' does not include any of the following: ``(A) Any disbursement made from a separate segregated fund of the corporation under section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118). ``(B) Any transfer of funds to another person which is made in a commercial transaction in the ordinary course of any trade or business conducted by the corporation or in the form of investments made by the corporation. ``(C) Any transfer of funds to another person which is subject to a written prohibition against the use of the funds for a disbursement for a political purpose. ``(d) Other Definitions.--In this section, each of the terms `candidate', `election', `political committee', and `political party' has the meaning given such term under section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).''. (b) Conforming Amendment to Federal Election Campaign Act of 1971 To Prohibit Disbursements by Corporations Failing To Assess Preferences.--Section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end the following new subsection: ``(d) Prohibiting Disbursements by Corporations Failing To Assess Shareholder Preferences.-- ``(1) Prohibition.--It shall be unlawful for a corporation to make a disbursement for a political purpose unless the corporation has in place procedures to assess the preferences of its shareholders with respect to making such disbursements, as provided in section 10E of the Securities Exchange Act of 1934. ``(2) Definition.--In this section, the term `disbursement for a political purpose' has the meaning given such term in section 10E(c) of the Securities Exchange Act of 1934.''. (c) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after December 31, 2021. SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE PACS. (a) Assessment of Governance.--Section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end the following new subsection: ``(d) Assessment of Governance.--The Commission shall, on an ongoing basis, collect information on the governance of the separate segregated funds of corporations under this section, using the most recent statements of organization provided by such funds under section 303(a), including information on the following: ``(1) The extent to which such funds have by-laws which govern their operations. ``(2) The extent to which those funds which have by-laws which govern their operations use a board of directors to oversee the operation of the fund. ``(3) The characteristics of those individuals who serve on boards of directors which oversee the operations of such funds, including the relation of such individuals to the corporation.''. (b) Analysis of Donors.-- (1) Analysis.--The Federal Election Commission shall conduct an analysis of the composition of the base of donors to separate segregated funds of corporations under section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118). (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the analysis conducted under paragraph (1), and shall initiate the promulgation of a regulation to establish a new designation and classification of such separate segregated funds. Subtitle H--Disclosure of Political Spending by Government Contractors SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO REQUIRE DISCLOSURE OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS. Section 735 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. Subtitle I--Limitation and Disclosure Requirements for Presidential Inaugural Committees SEC. 4801. SHORT TITLE. This subtitle may be cited as the ``Presidential Inaugural Committee Oversight Act''. SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND DISBURSEMENTS BY, INAUGURAL COMMITTEES. (a) Requirements for Inaugural Committees.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section 4421, is amended by adding at the end the following new section: ``SEC. 326. INAUGURAL COMMITTEES. ``(a) Prohibited Donations.-- ``(1) In general.--It shall be unlawful-- ``(A) for an Inaugural Committee-- ``(i) to solicit, accept, or receive a donation from a person that is not an individual; or ``(ii) to solicit, accept, or receive a donation from a foreign national; ``(B) for a person-- ``(i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation; ``(ii) to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or ``(iii) to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); and ``(C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee. ``(2) Conversion of donation to personal use.--For purposes of paragraph (1)(B)(iii), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code. ``(3) No effect on disbursement of unused funds to nonprofit organizations.--Nothing in this subsection may be construed to prohibit an Inaugural Committee from disbursing unused funds to an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(b) Limitation on Donations.-- ``(1) In general.--It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. ``(2) Indexing.--At the beginning of each Presidential election year (beginning with 2028), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(c) Disclosure of Certain Donations and Disbursements.-- ``(1) Donations over $1,000.-- ``(A) In general.--An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in an amount of $1,000 or more not later than 24 hours after the receipt of such donation. ``(B) Contents of report.--A report filed under subparagraph (A) shall contain-- ``(i) the amount of the donation; ``(ii) the date the donation is received; and ``(iii) the name and address of the individual making the donation. ``(2) Final report.--Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information: ``(A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200-- ``(i) the amount of the donation; ``(ii) the date the donation is received; and ``(iii) the name and address of the individual making the donation. ``(B) The total amount of all disbursements, and all disbursements in the following categories: ``(i) Disbursements made to meet committee operating expenses. ``(ii) Repayment of all loans. ``(iii) Donation refunds and other offsets to donations. ``(iv) Any other disbursements. ``(C) The name and address of each person-- ``(i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating expense, together with date, amount, and purpose of such operating expense; ``(ii) who receives a loan repayment from the committee, together with the date and amount of such loan repayment; ``(iii) who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and ``(iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement. ``(d) Definitions.--For purposes of this section: ``(1)(A) The term `donation' includes-- ``(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or ``(ii) the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose. ``(B) The term `donation' does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. ``(2) The term `foreign national' has the meaning given that term by section 319(b). ``(3) The term `Inaugural Committee' has the meaning given that term by section 501 of title 36, United States Code.''. (b) Confirming Amendment Related to Reporting Requirements.-- Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended-- (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). (c) Conforming Amendment Related to Status of Committee.--Section 510 of title 36, United States Code, is amended to read as follows: ``Sec. 510. Disclosure of and prohibition on certain donations ``A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of section 326 of the Federal Election Campaign Act of 1971.''. (d) Effective Date.--The amendments made by this Act shall apply with respect to Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2025 and any succeeding year. Subtitle J--Miscellaneous Provisions SEC. 4901. EFFECTIVE DATES OF PROVISIONS. Each provision of this title and each amendment made by a provision of this title shall take effect on the effective date provided under this title for such provision or such amendment without regard to whether or not the Federal Election Commission, the Attorney General, or any other person has promulgated regulations to carry out such provision or such amendment. SEC. 4902. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE V--CAMPAIGN FINANCE EMPOWERMENT Subtitle A--Findings Relating to Citizens United Decision Sec. 5001. Findings relating to Citizens United decision. Subtitle B--Congressional Elections Sec. 5100. Short title. Part 1--My Voice Voucher Pilot Program Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. Part 2--Small Dollar Financing of Congressional Election Campaigns Sec. 5111. Benefits and eligibility requirements for candidates. ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ``Subtitle A--Benefits ``Sec. 501. Benefits for participating candidates. ``Sec. 502. Procedures for making payments. ``Sec. 503. Use of funds. ``Sec. 504. Qualified small dollar contributions described. ``Subtitle B--Eligibility and Certification ``Sec. 511. Eligibility. ``Sec. 512. Qualifying requirements. ``Sec. 513. Certification. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``Sec. 521. Contribution and expenditure requirements. ``Sec. 522. Administration of campaign. ``Sec. 523. Preventing unnecessary spending of public funds. ``Sec. 524. Remitting unspent funds after election. ``Subtitle D--Enhanced Match Support ``Sec. 531. Enhanced support for general election. ``Sec. 532. Eligibility. ``Sec. 533. Amount. ``Sec. 534. Waiver of authority to retain portion of unspent funds after election. ``Subtitle E--Administrative Provisions ``Sec. 541. Freedom From Influence Fund. ``Sec. 542. Reviews and reports by Government Accountability Office. ``Sec. 543. Administration by Commission. ``Sec. 544. Violations and penalties. ``Sec. 545. Appeals process. ``Sec. 546. Indexing of amounts. ``Sec. 547. Election cycle defined. Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 5114. Assessments against fines and penalties. Sec. 5115. Study and report on small dollar financing program. Sec. 5116. Effective date. Subtitle C--Presidential Elections Sec. 5200. Short title. Part 1--Primary Elections Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. Sec. 5207. Use of Freedom From Influence Fund as source of payments. Part 2--General Elections Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and accounting compliance. Sec. 5218. Use of Freedom From Influence Fund as source of payments. Part 3--Effective Date Sec. 5221. Effective date. Subtitle D--Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings; purpose. Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle E--Empowering Small Dollar Donations Sec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle F--Severability Sec. 5501. Severability. Subtitle A--Findings Relating to Citizens United Decision SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION. Congress finds the following: (1) The American Republic was founded on the principle that all people are created equal, with rights and responsibilities as citizens to vote, be represented, speak, debate, and participate in self-government on equal terms regardless of wealth. To secure these rights and responsibilities, our Constitution not only protects the equal rights of all Americans but also provides checks and balances to prevent corruption and prevent concentrated power and wealth from undermining effective self-government. (2) The Founders designed the First Amendment to help prevent tyranny by ensuring that the people have the tools they need to ensure self-government and to keep their elected leaders responsive to the public. The Amendment thus guarantees the right of everyone to speak, to petition the government for redress, to assemble together, and for a free press. If only the wealthiest individuals can participate meaningfully in our democracy, then these First Amendment principles become an illusion. (3) Campaign finance laws promote these First Amendment interests. They increase robust debate from diverse voices, enhance the responsiveness of elected officeholders, and help prevent corruption. They do not censor anyone's speech but simply ensure that no one's speech is drowned out. The Supreme Court has failed to recognize that these laws are essential, proactive rules that help guarantee true democratic self- government. (4) The Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 (2014), as well as other court decisions, erroneously invalidated even-handed rules about the spending of money in local, State, and Federal elections. These rules do not prevent anyone from speaking their mind, much less pick winners and losers of political debates. Although the Court has upheld other content-neutral laws like these, it has failed to apply to same logic to campaign finance laws. These flawed decisions have empowered large corporations, extremely wealthy individuals, and special interests to dominate election spending, corrupt our politics, and degrade our democracy through tidal waves of unlimited and anonymous spending. These decisions also stand in contrast to a long history of efforts by Congress and the States to regulate money in politics to protect democracy, and they illustrate a troubling deregulatory trend in campaign finance-related court decisions. Additionally, an unknown amount of foreign money continues to be spent in our political system as subsidiaries of foreign- based corporations and hostile foreign actors sometimes connected to nation-states work to influence our elections. (5) The Supreme Court's misinterpretation of the Constitution to empower monied interests at the expense of the American people in elections has seriously eroded over 100 years of congressional action to promote fairness and protect elections from the toxic influence of money. (6) In 1907, Congress passed the Tillman Act in response to the concentration of corporate power in the post-Civil War Gilded Age. The Act prohibited corporations from making contributions in connection with Federal elections, aiming ``not merely to prevent the subversion of the integrity of the electoral process * * * to sustain the active, alert responsibility of the individual citizen in a democracy for the wise conduct of government''. (7) By 1910, Congress began passing disclosure requirements and campaign expenditure limits, and dozens of States passed corrupt practices Acts to prohibit corporate spending in elections. States also enacted campaign spending limits, and some States limited the amount that people could contribute to campaigns. (8) In 1947, the Taft-Hartley Act prohibited corporations and unions from making campaign contributions or other expenditures to influence elections. In 1962, a Presidential commission on election spending recommended spending limits and incentives to increase small contributions from more people. (9) The Federal Election Campaign Act of 1971 (FECA), as amended in 1974, required disclosure of contributions and expenditures, imposed contribution and expenditure limits for individuals and groups, set spending limits for campaigns, candidates, and groups, implemented a public funding system for Presidential campaigns, and created the Federal Election Commission to oversee and enforce the new rules. (10) In the wake of Citizens United and other damaging Federal court decisions, Americans have witnessed an explosion of outside spending in elections. Outside spending increased more than 700 percent between the 2008 and 2020 Presidential election years. Spending by outside groups nearly doubled again from 2016 to 2020 with super PACs, tax-exempt groups, and others spending more than $3,000,000,000. And as political entities adapt to a post-Citizens United, post-McCutcheon landscape, these trends are getting worse, as evidenced by the record-setting 2020 elections which cost more than $14,000,000,000 in total. (11) Since the landmark Citizens United decision, 21 States and more than 800 municipalities, including large cities like New York, Los Angeles, Chicago, and Philadelphia, have gone on record supporting a constitutional amendment. Transcending political leanings and geographic location, voters in States and municipalities across the country that have placed amendment questions on the ballot have routinely supported these initiatives by considerably large margins. (12) The Court has tied the hands of Congress and the States, severely restricting them from setting reasonable limits on campaign spending. For example, the Court has held that only the Government's interest in preventing quid pro quo corruption, like bribery, or the appearance of such corruption, can justify limits on campaign contributions. More broadly, the Court has severely curtailed attempts to reduce the ability of the Nation's wealthiest and most powerful to skew our democracy in their favor by buying outsized influence in our elections. Because this distortion of the Constitution has prevented other critical regulation or reform of the way we finance elections in America, a constitutional amendment is needed to achieve a democracy for all the people. (13) The torrent of money flowing into our political system has a profound effect on the democratic process for everyday Americans, whose voices and policy preferences are increasingly being drowned out by those of wealthy special interests. The more campaign cash from wealthy special interests can flood our elections, the more policies that favor those interests are reflected in the national political agenda. When it comes to policy preferences, our Nation's wealthiest tend to have fundamentally different views than do average Americans when it comes to issues ranging from unemployment benefits to the minimum wage to health care coverage. (14) At the same time millions of Americans have signed petitions, marched, called their Members of Congress, written letters to the editor, and otherwise demonstrated their public support for a constitutional amendment to overturn Citizens United that will allow Congress to reign in the outsized influence of unchecked money in politics. Dozens of organizations, representing tens of millions of individuals, have come together in a shared strategy of supporting such an amendment. (15) In order to protect the integrity of democracy and the electoral process and to ensure political equality for all, the Constitution should be amended so that Congress and the States may regulate and set limits on the raising and spending of money to influence elections and may distinguish between natural persons and artificial entities, like corporations, that are created by law, including by prohibiting such artificial entities from spending money to influence elections. Subtitle B--Congressional Elections SEC. 5100. SHORT TITLE. This subtitle may be cited as the ``Government By the People Act of 2021''. PART 1--MY VOICE VOUCHER PILOT PROGRAM SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. (a) Establishment.--The Federal Election Commission (hereafter in this part referred to as the ``Commission'') shall establish a pilot program under which the Commission shall select 3 eligible States to operate a voucher pilot program which is described in section 5102 during the program operation period. (b) Eligibility of States.--A State is eligible to be selected to operate a voucher pilot program under this part if, not later than 180 days after the beginning of the program application period, the State submits to the Commission an application containing-- (1) information and assurances that the State will operate a voucher program which contains the elements described in section 5102(a); (2) information and assurances that the State will establish fraud prevention mechanisms described in section 5102(b); (3) information and assurances that the State will establish a commission to oversee and implement the program as described in section 5102(c); (4) information and assurances that the State will carry out a public information campaign as described in section 5102(d); (5) information and assurances that the State will submit reports as required under section 5103; and (6) such other information and assurances as the Commission may require. (c) Selection of Participating States.-- (1) In general.--Not later than 1 year after the beginning of the program application period, the Commission shall select the 3 States which will operate voucher pilot programs under this part. (2) Criteria.--In selecting States for the operation of the voucher pilot programs under this part, the Commission shall apply such criteria and metrics as the Commission considers appropriate to determine the ability of a State to operate the program successfully, and shall attempt to select States in a variety of geographic regions and with a variety of political party preferences. (3) No supermajority required for selection.--The selection of States by the Commission under this subsection shall require the approval of only half of the Members of the Commission. (d) Duties of States During Program Preparation Period.--During the program preparation period, each State selected to operate a voucher pilot program under this part shall take such actions as may be necessary to ensure that the State will be ready to operate the program during the program operation period, and shall complete such actions not later than 90 days before the beginning of the program operation period. (e) Termination.--Each voucher pilot program under this part shall terminate as of the first day after the program operation period. (f) Reimbursement of Costs.-- (1) Reimbursement.--Upon receiving the report submitted by a State under section 5103(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the voucher pilot program under this part during the cycle. (2) Source of funds.--Payments to States under the program shall be made using amounts in the Freedom From Influence Fund under section 541 of the Federal Election Campaign Act of 1971 (as added by section 5111), hereafter referred to as the ``Fund''. (3) Mandatory reduction of payments in case of insufficient amounts in freedom from influence fund.-- (A) Advance audits by commission.--Not later than 90 days before the first day of each program operation period, the Commission shall-- (i) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by section 5111), the amounts remaining in the Fund will be sufficient to make payments to States under this part in the amounts provided under this subsection; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments.-- (i) Automatic reduction on pro rata basis.--If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to an election cycle involved is not, or may not be, sufficient to make payments to States under this part in the full amount provided under this subsection, the Commission shall reduce each amount which would otherwise be paid to a State under this subsection by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to States with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such State with respect to the cycle in the amount by which such State's payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to States under this part, moneys shall not be made available from any other source for the purpose of making such payments. (4) Cap on amount of payment.--The aggregate amount of payments made to any State with respect to any program operation period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to the program operation period involved is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such period, the State shall reduce the amount of the voucher provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such period. SEC. 5102. VOUCHER PROGRAM DESCRIBED. (a) General Elements of Program.-- (1) Elements described.--The elements of a voucher pilot program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual's request with a voucher worth $25 to be known as a ``My Voice Voucher'' during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. (B) Using the routing number assigned to the My Voice Voucher, the individual may submit the My Voice Voucher in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the My Voice Voucher in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the My Voice Voucher to the Commission, the Commission shall pay the candidate the portion of the value of the My Voice Voucher that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (2) Designation of qualified individuals.--For purposes of paragraph (1)(A), a ``qualified individual'' with respect to a State means an individual-- (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a My Voice Voucher; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. (3) Treatment as contribution to candidate.--For purposes of the Federal Election Campaign Act of 1971, the submission of a My Voice Voucher to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Voucher that the individual allocated to the candidate. (b) Fraud Prevention Mechanism.--In addition to the elements described in subsection (a), a State operating a voucher pilot program under this part shall permit an individual to revoke a My Voice Voucher not later than 2 days after submitting the My Voice Voucher to a candidate. (c) Oversight Commission.--In addition to the elements described in subsection (a), a State operating a voucher pilot program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the State, except that no such commission or entity may be comprised of elected officials. (d) Public Information Campaign.--In addition to the elements described in subsection (a), a State operating a voucher pilot program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. SEC. 5103. REPORTS. (a) Preliminary Report.--Not later than 6 months after the first election cycle of the program operation period, a State which operates a voucher pilot program under this part shall submit a report to the Commission analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require. (b) Final Report.--Not later than 6 months after the end of the program operation period, the State shall submit a final report to the Commission analyzing the operation and effectiveness of the program and including such other information as the Commission may require. (c) Study and Report on Impact and Effectiveness of Voucher Programs.-- (1) Study.--The Federal Election Commission shall conduct a study on the efficacy of political voucher programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall publish and submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Commission considers appropriate which would enable political voucher programs to be implemented on a national scale. SEC. 5104. DEFINITIONS. (a) Election Cycle.--In this part, the term ``election cycle'' means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. (b) Definitions Relating to Periods.--In this part, the following definitions apply: (1) Program application period.--The term ``program application period'' means the first election cycle which begins after the date of the enactment of this Act. (2) Program preparation period.--The term ``program preparation period'' means the first election cycle which begins after the program application period. (3) Program operation period.--The term ``program operation period'' means the first 2 election cycles which begin after the program preparation period. PART 2--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES. The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following: ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ``Subtitle A--Benefits ``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. ``(a) In General.--If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. ``(b) Amount of Payment.--The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). ``(c) Limit on Aggregate Amount of Payments.--The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. ``SEC. 502. PROCEDURES FOR MAKING PAYMENTS. ``(a) In General.--The Commission shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes-- ``(1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; ``(2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; ``(3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and ``(4) such other information and assurances as the Commission may require. ``(b) Restrictions on Submission of Requests.--A candidate may not submit a request under subsection (a) unless each of the following applies: ``(1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. ``(2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. ``(c) Time of Payment.--The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a). ``SEC. 503. USE OF FUNDS. ``(a) Use of Funds for Authorized Campaign Expenditures.--A candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. ``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or Penalties.--Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty. ``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. ``(a) In General.--In this title, the term `qualified small dollar contribution' means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: ``(1) The contribution is in an amount that is-- ``(A) not less than $1; and ``(B) not more than $200. ``(2)(A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- ``(i) forwarded from the individual making the contribution to the candidate or committee by another person; or ``(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. ``(B) In this paragraph-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and ``(ii) a contribution is not `made at the request, suggestion, or recommendation of another person' solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. ``(3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. ``(b) Treatment of My Voice Vouchers.--Any payment received by a candidate and the authorized committees of a candidate which consists of a My Voice Voucher under the Government By the People Act of 2021 shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). ``(c) Restriction on Subsequent Contributions.-- ``(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle.-- ``(A) In general.--An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. ``(B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period.--Subparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. ``(2) Treatment of subsequent nonqualified contributions.-- If, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: ``(A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). ``(B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom From Influence Fund under section 541 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. ``(3) No effect on ability to make multiple contributions.--Nothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). ``(d) Notification Requirements for Candidates.-- ``(1) Notification.--Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: ``(A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. ``(B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. ``(C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. ``(2) Alternative methods of meeting requirements.--An authorized committee may meet the requirements of paragraph (1)-- ``(A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or ``(B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). ``Subtitle B--Eligibility and Certification ``SEC. 511. ELIGIBILITY. ``(a) In General.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: ``(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. ``(2) The candidate meets the qualifying requirements of section 512. ``(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). ``(4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate-- ``(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; ``(B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and ``(C) has either qualified or will take steps to qualify under State law to be on the ballot. ``(b) General Election.--Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. ``(c) Small Dollar Democracy Qualifying Period Defined.--The term `Small Dollar Democracy qualifying period' means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. ``SEC. 512. QUALIFYING REQUIREMENTS. ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. ``(2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000. ``(b) Requirements Relating to Receipt of Qualified Small Dollar Contribution.--Each qualified small dollar contribution-- ``(1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Commission; ``(2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor's name and address; and ``(3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission. ``(c) Verification of Contributions.--The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. ``SEC. 513. CERTIFICATION. ``(a) Deadline and Notification.-- ``(1) In general.--Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall-- ``(A) determine whether or not the candidate meets the requirements for certification as a participating candidate; ``(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and ``(C) notify the candidate of the Commission's determination. ``(2) Deemed certification for all elections in election cycle.--If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. ``(b) Revocation of Certification.-- ``(1) In general.--The Commission shall revoke a certification under subsection (a) if-- ``(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); ``(B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or ``(C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. ``(2) Existence of criminal sanction.--The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. ``(3) Effect of revocation.--If a candidate's certification is revoked under this subsection-- ``(A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and ``(B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)-- ``(i) the candidate shall repay to the Freedom From Influence Fund established under section 541 an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received; and ``(ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. ``(c) Voluntary Withdrawal From Participating During Qualifying Period.--At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. ``(d) Participating Candidate Defined.--In this title, a `participating candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ``(a) Permitted Sources of Contributions and Expenditures.--Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: ``(1) Qualified small dollar contributions. ``(2) Payments under this title. ``(3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. ``(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). ``(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. ``(6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. ``(b) Special Rules for Personal Funds.-- ``(1) Limit on amount.--A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as-- ``(A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate's certification as a participating candidate) does not exceed $50,000; and ``(B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. ``(2) Immediate family member defined.--In this subsection, the term `immediate family member' means, with respect to a candidate-- ``(A) the candidate's spouse; ``(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate's spouse; and ``(C) the spouse of any person described in subparagraph (B). ``(c) Exceptions.-- ``(1) Exception for contributions received prior to filing of statement of intent.--A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are-- ``(A) returned to the contributor; ``(B) submitted to the Commission for deposit in the Freedom From Influence Fund established under section 541; or ``(C) spent in accordance with paragraph (2). ``(2) Exception for expenditures made prior to filing of statement of intent.--If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. ``(3) Exception for campaign surpluses from a previous election.--Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. ``(4) Exception for contributions received before the effective date of this title.--Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). ``(d) Special Rule for Coordinated Party Expenditures.--For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. ``(e) Prohibition on Joint Fundraising Committees.-- ``(1) Prohibition.--An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. ``(2) Status of existing committees for prior elections.-- If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(f) Prohibition on Leadership PACs.-- ``(1) Prohibition.--A candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. ``(2) Status of existing leadership pacs.--If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(3) Leadership pac defined.--In this subsection, the term `leadership PAC' has the meaning given such term in section 304(i)(8)(B). ``SEC. 522. ADMINISTRATION OF CAMPAIGN. ``(a) Separate Accounting for Various Permitted Contributions.-- Each authorized committee of a candidate certified as a participating candidate under this title-- ``(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and ``(2) shall provide for separate accounting for the payments received under this title. ``(b) Enhanced Disclosure of Information on Donors.-- ``(1) Mandatory identification of individuals making qualified small dollar contributions.--Each authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. ``(2) Mandatory disclosure through internet.--Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. ``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS. ``(a) Mandatory Spending of Available Private Funds.--An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). ``(b) Limitation.--Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title. ``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. ``(a) Remittance Required.--Not later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Freedom From Influence Fund established under section 541 an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date. ``(b) Permitting Candidates Participating in Next Election Cycle To Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission's determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. ``Subtitle D--Enhanced Match Support ``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. ``(a) Availability of Enhanced Support.--In addition to the payments made under subtitle A, the Commission shall make an additional payment to an eligible candidate under this subtitle. ``(b) Use of Funds.--A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. ``SEC. 532. ELIGIBILITY. ``(a) In General.--A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: ``(1) The candidate is on the ballot for the general election for the office the candidate seeks. ``(2) The candidate is certified as a participating candidate under this title with respect to the election. ``(3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. ``(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes-- ``(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; ``(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and ``(C) such other information and assurances as the Commission may require. ``(5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle. ``(b) Enhanced Support Qualifying Period Described.--In this subtitle, the term `enhanced support qualifying period' means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. ``SEC. 533. AMOUNT. ``(a) In General.--Subject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of-- ``(1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or ``(2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. ``(b) Limit.--The amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. ``(c) No Effect on Aggregate Limit.--The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). ``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS AFTER ELECTION. ``Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1). ``Subtitle E--Administrative Provisions ``SEC. 541. FREEDOM FROM INFLUENCE FUND. ``(a) Establishment.--There is established in the Treasury a fund to be known as the `Freedom From Influence Fund'. ``(b) Amounts Held by Fund.--The Fund shall consist of the following amounts: ``(1) Assessments against fines, settlements, and penalties.--Amounts transferred under section 3015 of title 18, United States Code, section 9706 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986. ``(2) Deposits.--Amounts deposited into the Fund under-- ``(A) section 521(c)(1)(B) (relating to exceptions to contribution requirements); ``(B) section 523 (relating to remittance of unused payments from the Fund); and ``(C) section 544 (relating to violations). ``(c) Use of Fund To Make Payments to Participating Candidates.-- ``(1) Payments to participating candidates.--Amounts in the Fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. ``(2) Mandatory reduction of payments in case of insufficient amounts in fund.-- ``(A) Advance audits by commission.--Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission shall-- ``(i) audit the Fund to determine whether the amounts in the Fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle; and ``(ii) submit a report to Congress describing the results of the audit. ``(B) Reductions in amount of payments.-- ``(i) Automatic reduction on pro rata basis.--If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such election cycle. ``(ii) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to participating candidates with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under clause (i) (or any portion thereof, as the case may be). ``(iii) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to participating candidates under this title, moneys shall not be made available from any other source for the purpose of making such payments. ``(d) Use of Fund To Make Other Payments.--In addition to the use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation-- ``(1) to make payments to States under the My Voice Voucher Program under the Government By the People Act of 2021, subject to reductions under section 5101(f)(3) of such Act; ``(2) to make payments to candidates under chapter 95 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9013(b) of such Code; and ``(3) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. ``(e) No Taxpayer Funds Permitted.--No taxpayer funds may be deposited into the Fund. ``(f) Effective Date.--This section shall take effect on the date of the enactment of this title. ``SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE. ``(a) Review of Small Dollar Financing.-- ``(1) In general.--After each regularly scheduled general election for Federal office, the Comptroller General of the United States shall conduct a comprehensive review of the Small Dollar financing program under this title, including-- ``(A) the maximum and minimum dollar amounts of qualified small dollar contributions under section 504; ``(B) the number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; ``(C) the maximum amount of payments a candidate may receive under this title; ``(D) the overall satisfaction of participating candidates and the American public with the program; ``(E) the extent to which the program increased opportunities for participation by candidates of diverse racial, gender, and socio-economic backgrounds; and ``(F) such other matters relating to financing of campaigns as the Comptroller General determines are appropriate. ``(2) Criteria for review.--In conducting the review under subparagraph (A), the Comptroller General shall consider the following: ``(A) Qualified small dollar contributions.-- Whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Comptroller General determines is appropriate. ``(B) Review of payment levels.--Whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualified small dollar contributions) and payments under this title are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Comptroller General determines is appropriate. ``(3) Recommendations for adjustment of amounts.--Based on the review conducted under subparagraph (A), the Comptroller General may recommend to Congress adjustments of the following amounts: ``(A) The number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate. ``(B) The maximum amount of payments a candidate may receive under this title. ``(b) Reports.--Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Comptroller General shall submit to the Committee on House Administration of the House of Representatives a report-- ``(1) containing an analysis of the review conducted under subsection (a), including a detailed statement of Comptroller General's findings, conclusions, and recommendations based on such review, including any recommendations for adjustments of amounts described in subsection (a)(3); and ``(2) documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. ``SEC. 543. ADMINISTRATION BY COMMISSION. ``The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to establish procedures for-- ``(1) verifying the amount of qualified small dollar contributions with respect to a candidate; ``(2) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; ``(3) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and ``(4) monitoring the use of allocations from the Freedom From Influence Fund established under section 541 and matching contributions under this title through audits of not fewer than \1/10\ (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than \1/3\) of all participating candidates or other mechanisms. ``SEC. 544. VIOLATIONS AND PENALTIES. ``(a) Civil Penalty for Violation of Contribution and Expenditure Requirements.--If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Freedom From Influence Fund established under section 541. ``(b) Repayment for Improper Use of Freedom From Influence Fund.-- ``(1) In general.--If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to-- ``(A) the amount of payments so used or not remitted, as appropriate; and ``(B) interest on any such amounts (at a rate determined by the Commission). ``(2) Other action not precluded.--Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. ``(c) Prohibiting Certain Candidates From Qualifying as Participating Candidates.-- ``(1) Candidates with multiple civil penalties.--If the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. ``(2) Candidates subject to criminal penalty.--A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. ``(d) Imposition of Criminal Penalties.--For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d). ``SEC. 545. APPEALS PROCESS. ``(a) Review of Actions.--Any action by the Commission in carrying out this title shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought. ``(b) Procedures.--The provisions of chapter 7 of title 5, United States Code, apply to judicial review under this section. ``SEC. 546. INDEXING OF AMOUNTS. ``(a) Indexing.--In any calendar year after 2026, section 315(c)(1)(B) shall apply to each amount described in subsection (b) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2026. ``(b) Amounts Described.--The amounts described in this subsection are as follows: ``(1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). ``(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). ``(3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). ``(4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). ``(5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). ``(6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). ``(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). ``(8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D). ``SEC. 547. ELECTION CYCLE DEFINED. ``In this title, the term `election cycle' means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).''. SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING CANDIDATES. (a) Authorizing Contributions Only From Separate Accounts Consisting of Qualified Small Dollar Contributions.--Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the following new paragraph: ``(10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate who is a participating candidate under title V with respect to an election only if the contribution is paid from a separate, segregated account of the committee which consists solely of contributions which meet the following requirements: ``(A) Each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. ``(B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. ``(C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1).''. (b) Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C. 30116(d)) is amended-- (1) in paragraph (3), by striking ``The national committee'' and inserting ``Except as provided in paragraph (6), the national committee''; and (2) by adding at the end the following new paragraph: ``(6) The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if-- ``(A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(10); and ``(B) the expenditures are the sole source of funding provided by the committee to the candidate.''. SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION. Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is amended by adding at the end the following new subsection: ``(d) Restrictions on Permitted Uses of Funds by Candidates Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate's campaign for such office, subject to section 503(b).''. SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES. (a) Assessments Relating to Criminal Offenses.-- (1) In general.--Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 3015. Special assessments for Freedom From Influence Fund ``(a) Assessments.-- ``(1) Convictions of crimes.--In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. ``(2) Settlements.--The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 4.75 percent of the amount of the settlement. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. ``(c) Transfers.--In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 541 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section.''. (2) Clerical amendment.--The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3015. Special assessments for Freedom From Influence Fund.''. (b) Assessments Relating to Civil Penalties.-- (1) In general.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 9706. Special assessments for Freedom From Influence Fund ``(a) Assessments.-- ``(1) Civil penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(2) Administrative penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(3) Settlements.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected-- ``(1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; ``(2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and ``(3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 541 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. ``(d) Exception for Penalties and Settlements Under Authority of the Internal Revenue Code of 1986.-- ``(1) In general.--No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. ``(2) Cross reference.--For application of special assessments for the Freedom From Influence Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.''. (2) Clerical amendment.--The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``9706. Special assessments for Freedom From Influence Fund.''. (c) Assessments Relating to Certain Penalties Under the Internal Revenue Code of 1986.-- (1) In general.--Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter D--Special Assessments for Freedom From Influence Fund ``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE FUND. ``(a) In General.--Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. ``(b) Covered Penalty.--For purposes of this section, the term `covered penalty' means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. ``(c) Exception for Certain Individuals.-- ``(1) In general.--In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. ``(2) Exempt taxpayer.--For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. ``(d) Application of Certain Rules.--Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. ``(e) Transfer to Freedom From Influence Fund.--The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971 an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection.''. (2) Clerical amendment.--The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: ``subchapter d--special assessments for freedom from influence fund''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the internal revenue code of 1986.--The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act. SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANCING PROGRAM. (a) Study and Report.--Not later than 2 years after the completion of the first election cycle in which the program established under title V of the Federal Election Campaign Act of 1971, as added by section 5111, is in effect, the Federal Election Commission shall-- (1) assess-- (A) the amount of payment referred to in section 501 of such Act; and (B) the amount of a qualified small dollar contribution referred to in section 504(a)(1) of such Act; and (2) submit to Congress a report that discusses whether such amounts are sufficient to meet the goals of the program. (b) Update.--The Commission shall update and revise the study and report required by subsection (a) on a biennial basis. (c) Termination.--The requirements of this section shall terminate 10 years after the date on which the first study and report required by subsection (a) is submitted to Congress. SEC. 5116. EFFECTIVE DATE. (a) In General.--Except as may otherwise be provided in this part and in the amendments made by this part, this part and the amendments made by this part shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b) Deadline for Regulations.--Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. Subtitle C--Presidential Elections SEC. 5200. SHORT TITLE. This subtitle may be cited as the ``Empower Act of 2021''. PART 1--PRIMARY ELECTIONS SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS. (a) Increase and Modification.-- (1) In general.--The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``an amount equal to the amount of each contribution'' and inserting ``an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200)''; and (B) by striking ``authorized committees'' and all that follows through ``$250'' and inserting ``authorized committees''. (2) Matchable contributions.--Section 9034 of such Code is amended-- (A) by striking the last sentence of subsection (a); and (B) by adding at the end the following new subsection: ``(c) Matchable Contribution Defined.--For purposes of this section and section 9033(b)-- ``(1) Matchable contribution.--The term `matchable contribution' means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that-- ``(A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; ``(B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A); and ``(C) such contribution was a direct contribution. ``(2) Contribution.--For purposes of this subsection, the term `contribution' means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4). ``(3) Direct contribution.-- ``(A) In general.--For purposes of this subsection, the term `direct contribution' means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- ``(i) forwarded from the individual making the contribution to the candidate or committee by another person; or ``(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. ``(B) Other definitions.--In subparagraph (A)-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and ``(ii) a contribution is not `made at the request, suggestion, or recommendation of another person' solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual.''. (3) Conforming amendments.-- (A) Section 9032(4) of such Code is amended by striking ``section 9034(a)'' and inserting ``section 9034''. (B) Section 9033(b)(3) of such Code is amended by striking ``matching contributions'' and inserting ``matchable contributions''. (b) Modification of Payment Limitation.--Section 9034(b) of such Code is amended-- (1) by striking ``The total'' and inserting the following: ``(1) In general.--The total''; (2) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed $250,000,000.''; and (3) by adding at the end the following new paragraph: ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting `calendar year 2028' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Applicable period.--For purposes of this paragraph, the term `applicable period' means the 4- year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. ``(C) Rounding.--If any amount as adjusted under subparagraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS. (a) Amount of Aggregate Contributions Per State; Disregarding of Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$5,000'' and inserting ``$25,000''; and (2) by striking ``20 States'' and inserting the following: ``20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200)''. (b) Contribution Limit.-- (1) In general.--Paragraph (4) of section 9033(b) of such Code is amended to read as follows: ``(4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election.''. (2) Conforming amendments.-- (A) Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: ``For purposes of paragraph (4), the term `contribution' has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971.''. (B) Section 9032(4) of such Code, as amended by section 5201(a)(3)(A), is amended by striking ``section 9034'' and inserting ``section 9033(b) or 9034''. (c) Participation in System for Payments for General Election.-- Section 9033(b) of such Code is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``, and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95.''. (d) Prohibition on Joint Fundraising Committees.--Section 9033(b) of such Code, as amended by subsection (c), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by inserting after paragraph (5) the following new paragraph: ``(6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section.''. SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. (a) In General.--Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Personal Expenditure Limitation.--No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000.''. (b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the candidate will comply with the personal expenditure limitation under section 9035,''. SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS. Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking ``the beginning of the calendar year in which a general election for the office of President of the United States will be held'' and inserting ``the date that is 6 months prior to the date of the earliest State primary election''. SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS. Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting ``and matchable contributions accepted by'' after ``qualified campaign expenses of''. SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL PRIMARY CANDIDATES. Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and inserting ``four-year election cycle''. SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. (a) In General.--Chapter 96 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. ``(a) In General.--Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971 (hereafter in this section referred to as the `Fund'). ``(b) Mandatory Reduction of Payments in Case of Insufficient Amounts in Fund.-- ``(1) Advance audits by commission.--Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall-- ``(A) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2021, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and ``(B) submit a report to Congress describing the results of the audit. ``(2) Reductions in amount of payments.-- ``(A) Automatic reduction on pro rata basis.--If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. ``(B) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). ``(C) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. ``(3) No effect on amounts transferred for pediatric research initiative.--This section does not apply to the transfer of funds under section 9008(i). ``(4) Presidential election cycle defined.--In this section, the term `Presidential election cycle' means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.''. (b) Clerical Amendment.--The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Use of Freedom From Influence Fund as source of payments.''. PART 2--GENERAL ELECTIONS SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC FINANCING. Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: ``(1) Participation in primary payment system.--The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. ``(2) Agreements with commission.--The candidates, in writing-- ``(A) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, ``(B) agree to keep and furnish to the Commission such records, books, and other information as it may request, and ``(C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. ``(3) Prohibition on joint fundraising committees.-- ``(A) Prohibition.--The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. ``(B) Status of existing committees for prior elections.--If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006.''. SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS. (a) Use of Qualified Campaign Contributions Without Expenditure Limits; Application of Same Requirements for Major, Minor, and New Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following: ``(b) Use of Qualified Campaign Contributions To Defray Expenses.-- ``(1) In general.--In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that-- ``(A) such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than-- ``(i) qualified campaign contributions, and ``(ii) contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and ``(B) such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). ``(2) Timing of certification.--The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3).''. (b) Definition of Qualified Campaign Contribution.--Section 9002 of such Code is amended by adding at the end the following new paragraph: ``(13) Qualified campaign contribution.--The term `qualified campaign contribution' means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which-- ``(A) does not exceed $1,000 for the election; and ``(B) with respect to which the candidate has certified in writing that-- ``(i) the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and ``(ii) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election.''. (c) Conforming Amendments.-- (1) Repeal of expenditure limits.-- (A) In general.--Section 315 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116) is amended by striking subsection (b). (B) Conforming amendments.--Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended-- (i) in paragraph (1)(B)(i), by striking ``, (b)''; and (ii) in paragraph (2)(B)(i), by striking ``subsections (b) and (d)'' and inserting ``subsection (d)''. (2) Repeal of repayment requirement.-- (A) In general.--Section 9007(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (B) Conforming amendment.--Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended-- (i) by striking ``a major party'' and inserting ``a party''; (ii) by striking ``contributions (other than'' and inserting ``contributions (other than qualified contributions''; and (iii) by striking ``(other than qualified campaign expenses with respect to which payment is required under paragraph (2))''. (3) Criminal penalties.-- (A) Repeal of penalty for excess expenses.--Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). (B) Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties.-- Subsection (b) of section 9012 of such Code is amended to read as follows: ``(b) Contributions.-- ``(1) Acceptance of disallowed contributions.--It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept-- ``(A) any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c); or ``(B) any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both.''. SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT AMOUNTS. (a) In General.-- (1) Amount of payments; application of same amount for candidates of major, minor, and new parties.--Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate's authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000.''. (2) Repeal of separate limitations for candidates of minor and new parties; inflation adjustment.--Subsection (b) of section 9004 of such Code is amended to read as follows: ``(b) Inflation Adjustment.-- ``(1) In general.--In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount; multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting `calendar year 2028' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Applicable period.--For purposes of this subsection, the term `applicable period' means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. ``(3) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (3) Conforming amendment.--Section 9005(a) of such Code is amended by adding at the end the following new sentence: ``The Commission shall make such additional certifications as may be necessary to receive payments under section 9004.''. (b) Matchable Contribution.--Section 9002 of such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph: ``(14) Matchable contribution.--The term `matchable contribution' means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that-- ``(A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; ``(B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election; and ``(C) such contribution was a direct contribution (as defined in section 9034(c)(3)).''. SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES. (a) In General.--Section 315(d)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows: ``(2)(A) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000. ``(B) For purposes of this paragraph-- ``(i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and ``(ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. ``(C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States.''. (b) Conforming Amendments Relating to Timing of Cost-of-Living Adjustment.-- (1) In general.--Section 315(c)(1) of such Act (52 U.S.C. 30116(c)(1)) is amended-- (A) in subparagraph (B), by striking ``(d)'' and inserting ``(d)(2)''; and (B) by adding at the end the following new subparagraph: ``(D) In any calendar year after 2028-- ``(i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); ``(ii) the amount so increased shall remain in effect for the calendar year; and ``(iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C. 30116(c)(2)(B)) is amended-- (A) in clause (i)-- (i) by striking ``(d)'' and inserting ``(d)(3)''; and (ii) by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) for purposes of subsection (d)(2), calendar year 2027.''. SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS. (a) Date for Payments.-- (1) In general.--Section 9006(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Payments From the Fund.--If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Commission on the later of-- ``(1) the last Friday occurring before the first Monday in September; or ``(2) 24 hours after receiving the certifications for the eligible candidates of all major political parties. Amounts paid to any such candidates shall be under the control of such candidates.''. (2) Conforming amendment.--The first sentence of section 9006(c) of such Code is amended by striking ``the time of a certification by the Commission under section 9005 for payment'' and inserting ``the time of making a payment under subsection (b)''. (b) Time for Certification.--Section 9005(a) of the Internal Revenue Code of 1986 is amended by striking ``10 days'' and inserting ``24 hours''. SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND. Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary's best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years.''. SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL AND ACCOUNTING COMPLIANCE. Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate.''. SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. (a) In General.--Chapter 95 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. ``(a) In General.--Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971. ``(b) Mandatory Reduction of Payments in Case of Insufficient Amounts in Fund.-- ``(1) Advance audits by commission.--Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall-- ``(A) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2021 and then making payments to candidates under chapter 96, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and ``(B) submit a report to Congress describing the results of the audit. ``(2) Reductions in amount of payments.-- ``(A) Automatic reduction on pro rata basis.--If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. ``(B) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). ``(C) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. ``(3) No effect on amounts transferred for pediatric research initiative.--This section does not apply to the transfer of funds under section 9008(i). ``(4) Presidential election cycle defined.--In this section, the term `Presidential election cycle' means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.''. (b) Clerical Amendment.--The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9013. Use of Freedom From Influence Fund as source of payments.''. PART 3--EFFECTIVE DATE SEC. 5221. EFFECTIVE DATE. (a) In General.--Except as otherwise provided, this subtitle and the amendments made by this subtitle shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b) Deadline for Regulations.--Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. Subtitle D--Personal Use Services as Authorized Campaign Expenditures SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This subtitle may be cited as the ``Help America Run Act''. (b) Findings.--Congress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. The Center for American Women And Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans. (c) Purpose.--It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one's livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE. (a) Personal Use Services as Authorized Campaign Expenditure.-- Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 5113, is amended by adding at the end the following new subsection: ``(e) Treatment of Payments for Child Care and Other Personal Use Services as Authorized Campaign Expenditure.-- ``(1) Authorized expenditures.--For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. ``(2) Limitations.-- ``(A) Limit on total amount of payments.--The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). ``(B) Corresponding reduction in amount of salary paid to candidate.--To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. ``(C) Exclusion of candidates who are officeholders.--Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. ``(3) Personal use services described.--The personal use services described in this paragraph are as follows: ``(A) Child care services. ``(B) Elder care services. ``(C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. ``(D) Health insurance premiums.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. Subtitle E--Empowering Small Dollar Donations SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL DOLLAR ACCOUNTS. (a) Increase in Limit on Contributions to Candidates.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting ``exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000''. (b) Elimination of Limit on Coordinated Expenditures.--Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking ``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection (a)(11)''. (c) Accounts Described.--Section 315(a) of such Act (52 U.S.C. 30116(a)), as amended by section 5112(a), is amended by adding at the end the following new paragraph: ``(11) An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200.''. (d) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act. Subtitle F--Severability SEC. 5501. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE VI--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Restoring Integrity to America's Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Restrictions on ex parte communications. Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 6009. Requiring forms to permit use of accent marks. Sec. 6010. Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971. Sec. 6011. Effective date; transition. Subtitle B--Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle C--Disposal of Contributions or Donations Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations. Sec. 6202. 1-year transition period for certain individuals. Subtitle D--Recommendations to Ensure Filing of Reports Before Date of Election Sec. 6301. Recommendations to ensure filing of reports before date of election. Subtitle E--Severability Sec. 6401. Severability. Subtitle A--Restoring Integrity to America's Elections SEC. 6001. SHORT TITLE. This subtitle may be cited as the ``Restoring Integrity to America's Elections Act''. SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION. (a) Reduction in Number of Members; Removal of Secretary of Senate and Clerk of House as Ex Officio Members.-- (1) In general; quorum.--Section 306(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is amended by striking the second and third sentences and inserting the following: ``The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall be treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission. A majority of the number of members of the Commission who are serving at the time shall constitute a quorum.''. (2) Conforming amendments relating to reduction in number of members.--(A) Section 306(c) of such Act (52 U.S.C. 30106(c)) is amended by striking the period at the end of the first sentence and all that follows and inserting the following: ``, except that an affirmative vote of a majority of the members of the Commission who are serving at the time shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 307(a) or with chapter 95 or chapter 96 of the Internal Revenue Code of 1986. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act''. (B) Such Act is further amended by striking ``affirmative vote of 4 of its members'' and inserting ``affirmative vote of a majority of the members of the Commission who are serving at the time'' each place it appears in the following sections: (i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)). (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 30109(a)(4)(A)(i)). (iii) Section 309(a)(5)(C) (52 U.S.C. 30109(a)(5)(C)). (iv) Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)). (v) Section 311(b) (52 U.S.C. 30111(b)). (3) Conforming amendment relating to removal of ex officio members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is amended by striking ``(other than the Secretary of the Senate and the Clerk of the House of Representatives)'' each place it appears in paragraphs (4) and (5). (b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C. 30106(a)(2)) is amended to read as follows: ``(2) Terms of service.-- ``(A) In general.--Each member of the Commission shall serve for a single term of 6 years. ``(B) Special rule for initial appointments.--Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. ``(C) No reappointment permitted.--An individual who served a term as a member of the Commission may not serve for an additional term, except that-- ``(i) an individual who served a 3-year term under subparagraph (B) may also be appointed to serve a 6-year term under subparagraph (A); and ``(ii) for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph (D) shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. ``(D) Vacancies.--Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. ``(E) Limitation on service after expiration of term.--A member of the Commission may continue to serve on the Commission after the expiration of the member's term for an additional period, but only until the earlier of-- ``(i) the date on which the member's successor has taken office as a member of the Commission; or ``(ii) the expiration of the 1-year period that begins on the last day of the member's term.''. (c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C. 30106(a)(3)) is amended to read as follows: ``(3) Qualifications.-- ``(A) In general.--The President may select an individual for service as a member of the Commission if the individual has experience in election law and has a demonstrated record of integrity, impartiality, and good judgment. ``(B) Assistance of blue ribbon advisory panel.-- ``(i) In general.--Prior to the regularly scheduled expiration of the term of a member of the Commission and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of a term, the President shall convene a Blue Ribbon Advisory Panel that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the President from retired Federal judges, former law enforcement officials, or individuals with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office at the time of selection. The President shall also make reasonable efforts to encourage racial, ethnic, and gender diversity on the panel. ``(ii) Recommendations.--With respect to each member of the Commission whose term is expiring or each vacancy in the membership of the Commission (as the case may be), the Blue Ribbon Advisory Panel shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission. ``(iii) Publication.--At the time the President submits to the Senate the nominations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel's recommendations for such nominations. ``(iv) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. ``(C) Prohibiting engagement with other business or employment during service.--A member of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment.''. SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION COMMISSION. (a) Appointment of Chair by President.-- (1) In general.--Section 306(a)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read as follows: ``(5) Chair.-- ``(A) Initial appointment.--Of the members first appointed to serve terms that begin in January 2022, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Commission. ``(B) Subsequent appointments.--Any individual who is appointed to succeed the member who serves as Chair of the Commission for the term beginning in January 2022 (as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as Chair) shall serve as Chair of the Commission. ``(C) Vice chair.--The Commission shall select, by majority vote of its members, one of its members to serve as Vice Chair, who shall act as Chair in the absence or disability of the Chair or in the event of a vacancy in the position of Chair.''. (2) Conforming amendment.--Section 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is amended by striking ``through its chairman or vice chairman'' and inserting ``through the Chair''. (b) Powers.-- (1) Assignment of certain powers to chair.--Section 307(a) of such Act (52 U.S.C. 30107(a)) is amended to read as follows: ``(a) Distribution of Powers Between Chair and Commission.-- ``(1) Powers assigned to chair.-- ``(A) Administrative powers.--The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other members of the Commission) shall have the power-- ``(i) to appoint and remove the staff director of the Commission; ``(ii) to request the assistance (including personnel and facilities) of other agencies and departments of the United States, whose heads may make such assistance available to the Commission with or without reimbursement; and ``(iii) to prepare and establish the budget of the Commission and to make budget requests to the President, the Director of the Office of Management and Budget, and Congress. ``(B) Other powers.--The Chair of the Commission shall have the power-- ``(i) to appoint and remove the general counsel of the Commission with the concurrence of at least 2 other members of the Commission; ``(ii) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe; ``(iii) to administer oaths or affirmations; ``(iv) to require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; ``(v) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under clause (iv); and ``(vi) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. ``(2) Powers assigned to commission.--The Commission shall have the power-- ``(A) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986, through its general counsel; ``(B) to render advisory opinions under section 308 of this Act; ``(C) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986; ``(D) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and ``(E) to transmit to the President and Congress not later than June 1 of each year a report which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers appropriate. ``(3) Permitting commission to exercise other powers of chair.--With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B).''. (2) Conforming amendments relating to personnel authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is amended-- (A) by amending the first sentence of paragraph (1) to read as follows: ``The Commission shall have a staff director who shall be appointed by the Chair of the Commission in consultation with the other members and a general counsel who shall be appointed by the Chair with the concurrence of at least two other members.''; (B) in paragraph (2), by striking ``With the approval of the Commission'' and inserting ``With the approval of the Chair of the Commission''; and (C) by striking paragraph (3). (3) Conforming amendment relating to budget submission.-- Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is amended by striking ``the Commission submits any budget'' and inserting ``the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget''. (4) Other conforming amendments.--Section 306(c) of such Act (52 U.S.C. 30106(c)) is amended by striking ``All decisions'' and inserting ``Subject to section 307(a), all decisions''. (5) Technical amendment.--The heading of section 307 of such Act (52 U.S.C. 30107) is amended by striking ``the commission'' and inserting ``the chair and the commission''. SEC. 6004. REVISION TO ENFORCEMENT PROCESS. (a) Standard for Initiating Investigations and Determining Whether Violations Have Occurred.-- (1) Revision of standards.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2)(A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel's determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel's determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. ``(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. ``(3)(A) Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Commission the general counsel's recommendation that the Commission find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case. ``(B) At the time the general counsel submits to the Commission the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. ``(C) Not later than 30 days after the general counsel submits the recommendation to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent's brief to the Commission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serving at the time.''. (2) Conforming amendment relating to initial response to filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended-- (A) in the third sentence, by striking ``the Commission'' and inserting ``the general counsel''; and (B) by amending the fourth sentence to read as follows: ``Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.''. (b) Revision of Standard for Review of Dismissal of Complaints.-- (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as follows: ``(8)(A)(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. ``(B)(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia. ``(ii) In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the agency's failure to act on the complaint is contrary to law. ``(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.''. (2) Effective date.--The amendments made by paragraph (1) shall apply-- (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY OPINIONS BY PERSONS OPPOSING THE REQUESTS. (a) In General.--Section 308 of such Act (52 U.S.C. 30108) is amended by adding at the end the following new subsection: ``(e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY. (a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that end on or before December 31, 2023''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on December 31, 2021. SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS. Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) is amended-- (1) by striking ``(e) The Commission'' and inserting ``(e)(1) The Commission''; and (2) by adding at the end the following new paragraph: ``(2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.''. SEC. 6008. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN SUPREME COURT. (a) Clarifying Authority.--Section 306(f)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by striking ``any action instituted under this Act, either (A) by attorneys'' and inserting ``any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys''. (b) Effective Date.--The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. SEC. 6009. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS. (a) Requirement.--Section 311(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person's identification;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 6010. EXTENSION OF STATUTE OF LIMITATIONS FOR OFFENSES UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971. (a) Civil Offenses.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after paragraph (9) the following new paragraph: ``(10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 15 years after the date on which the violation occurred.''. (b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after the date of the enactment of this Act. SEC. 6011. EFFECTIVE DATE; TRANSITION. (a) In General.--Except as otherwise provided, the amendments made by this subtitle shall apply beginning January 1, 2022. (b) Transition.-- (1) Termination of service of current members.-- Notwithstanding any provision of the Federal Election Campaign Act of 1971, the term of any individual serving as a member of the Federal Election Commission as of December 31, 2021, shall expire on that date. (2) No effect on existing cases or proceedings.--Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to December 31, 2021, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. Subtitle B--Stopping Super PAC-Candidate Coordination SEC. 6101. SHORT TITLE. This subtitle may be cited as the ``Stop Super PAC-Candidate Coordination Act''. SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.), as amended by section 4421 and section 4802(a), is amended by adding at the end the following new section: ``SEC. 327. PAYMENTS FOR COORDINATED EXPENDITURES. ``(a) Coordinated Expenditures.-- ``(1) In general.--For purposes of section 301(8)(A)(iii), the term `coordinated expenditure' means-- ``(A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or ``(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). ``(2) Exception for payments for certain communications.--A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if-- ``(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. ``(2) No finding of coordination based solely on sharing of information regarding legislative or policy position.--For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate's or committee's campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ``(c) Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments made in cooperation, consultation, or concert with candidates.--For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. ``(2) Coordinated spender defined.--For purposes of this subsection, the term `coordinated spender' means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: ``(A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. ``(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). ``(C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. ``(d) Covered Communication Defined.-- ``(1) In general.--For purposes of this section, the term `covered communication' means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which-- ``(A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); ``(B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or ``(C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. ``(2) Applicable election period.--In paragraph (1)(C), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or ``(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(e) Penalty.-- ``(1) Determination of amount.--Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- ``(A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or ``(B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. ``(2) Joint and several liability.--Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission's action, whichever is later.''. (c) Effective Date.-- (1) Repeal of existing regulations on coordination.-- Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act-- (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading ``Coordination'') are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. (a) In General.--Section 323(e)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2022. Subtitle C--Disposal of Contributions or Donations SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DISPOSAL OF CONTRIBUTIONS OR DONATIONS. Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 5113 and section 5302, is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Disposal.-- ``(1) Timeframe.--Contributions or donations described in subsection (a) may only be used-- ``(A) in the case of an individual who is not a candidate with respect to an election for any Federal office for a 6-year period beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office, during such 6-year period; ``(B) in the case of an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995, before the date on which such individual becomes such a registered lobbyist; or ``(C) in the case of an individual who becomes an agent of a foreign principal that would require registration under section 2 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612), before the date on which such individual becomes such an agent of a foreign principal. ``(2) Means of disposal; prioritization.--Beginning on the date the 6-year period described in subparagraph (A) of paragraph (1) ends (or, in the case of an individual described in subparagraph (B) of such paragraph, the date on which the individual becomes a registered lobbyist under the Lobbying Disclosure Act of 1995, or, in the case of an individual described in subparagraph (C) of such paragraph, the date on which the individual becomes a registered agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended), contributions or donations that remain available to an individual described in such paragraph shall be disposed of, not later than 30 days after such date, as follows: ``(A) First, to pay any debts or obligations owed in connection with the campaign for election for Federal office of the individual. ``(B) Second, to the extent such contribution or donations remain available after the application of subparagraph (A), through any of the following means of disposal (or a combination thereof), in any order the individual considers appropriate: ``(i) Returning such contributions or donations to the individuals, entities, or both, who made such contributions or donations. ``(ii) Making contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986. ``(iii) Making transfers to a national, State, or local committee of a political party.''. SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDIVIDUALS. (a) In General.--In the case of an individual described in subsection (b), any contributions or donations remaining available to the individual shall be disposed of-- (1) not later than 1 year after the date of the enactment of this section; and (2) in accordance with the prioritization specified in subparagraphs (A) through (D) of subsection (c)(2) of section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 6201. (b) Individuals Described.--An individual described in this subsection is an individual who, as of the date of the enactment of this section-- (1)(A) is not a candidate with respect to an election for any Federal office for a period of not less than 6 years beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office; or (B) is an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995; and (2) would be in violation of subsection (c) of section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 6201. Subtitle D--Recommendations to Ensure Filing of Reports Before Date of Election SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF REPORTS BEFORE DATE OF ELECTION. Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall submit a report to Congress providing recommendations, including recommendations for changes to existing law, on how to ensure that each political committee under the Federal Election Campaign Act of 1971, including a committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of such Act, will file a report under section 304 of such Act prior to the date of the election for which the committee receives contributions or makes disbursements, without regard to the date on which the committee first registered under such Act, and shall include specific recommendations to ensure that such committees will not delay until after the date of the election the reporting of the identification of persons making contributions that will be used to repay debt incurred by the committee. Subtitle E--Severability SEC. 6401. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION C--ETHICS TITLE VII--ETHICAL STANDARDS Subtitle A--Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B--Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders. Sec. 7104. Ensuring online access to registration statements. Sec. 7105. Disclaimer requirements for materials posted on online platforms by agents of foreign principals on behalf of clients. Sec. 7106. Clarification of treatment of individuals who engage with the United States in political activities for a foreign principal in any place as agents of foreign principals. Sec. 7107. Analysis and report on challenges to enforcement of Foreign Agents Registration Act of 1938. Subtitle C--Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995. Sec. 7202. Prohibiting receipt of compensation for lobbying activities on behalf of foreign countries violating human rights. Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts. Subtitle D--Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E--Clearinghouse on Lobbying Information Sec. 7401. Establishment of clearinghouse. Subtitle F--Severability Sec. 7501. Severability. Subtitle A--Supreme Court Ethics SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES. (a) In General.--Chapter 57 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 964. Code of conduct ``Not later than one year after the date of the enactment of this section, the Judicial Conference shall issue a code of conduct, which applies to each justice and judge of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices.''. (b) Clerical Amendment.--The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following: ``964. Code of conduct.''. Subtitle B--Foreign Agents Registration SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND ENFORCEMENT UNIT WITHIN DEPARTMENT OF JUSTICE. Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by adding at the end the following new subsection: ``(i) Dedicated Enforcement Unit.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Attorney General shall establish a unit within the counterespionage section of the National Security Division of the Department of Justice with responsibility for the enforcement of this Act. ``(2) Powers.--The unit established under this subsection is authorized to-- ``(A) take appropriate legal action against individuals suspected of violating this Act; and ``(B) coordinate any such legal action with the United States Attorney for the relevant jurisdiction. ``(3) Consultation.--In operating the unit established under this subsection, the Attorney General shall, as appropriate, consult with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out the activities of the unit established under this subsection $10,000,000 for fiscal year 2021 and each succeeding fiscal year.''. SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES. (a) Establishing Authority.--Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by inserting after subsection (c) the following new subsection: ``(d) Civil Money Penalties.-- ``(1) Registration statements.--Whoever fails to file timely or complete a registration statement as provided under section 2(a) shall be subject to a civil money penalty of not more than $10,000 per violation. ``(2) Supplements.--Whoever fails to file timely or complete supplements as provided under section 2(b) shall be subject to a civil money penalty of not more than $1,000 per violation. ``(3) Other violations.--Whoever knowingly fails to-- ``(A) remedy a defective filing within 60 days after notice of such defect by the Attorney General; or ``(B) comply with any other provision of this Act, shall upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil money penalty of not more than $200,000, depending on the extent and gravity of the violation. ``(4) No fines paid by foreign principals.--A civil money penalty paid under paragraph (1) may not be paid, directly or indirectly, by a foreign principal. ``(5) Use of fines.--All civil money penalties collected under this subsection shall be used to defray the cost of the enforcement unit established under subsection (i).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF FINANCIAL VALUE CONFERRED ON OFFICEHOLDERS. (a) Requiring Agents To Disclose Known Transactions.-- (1) In general.--Section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) is amended-- (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12); and (B) by inserting after paragraph (9) the following new paragraph: ``(10) To the extent that the registrant has knowledge of any transaction which occurred in the preceding 60 days and in which the foreign principal for whom the registrant is acting as an agent conferred on a Federal or State officeholder any thing of financial value, including a gift, profit, salary, favorable regulatory treatment, or any other direct or indirect economic or financial benefit, a detailed statement describing each such transaction.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to statements filed on or after the expiration of the 90-day period which begins on the date of the enactment of this Act. (b) Supplemental Disclosure for Current Registrants.--Not later than the expiration of the 90-day period which begins on the date of the enactment of this Act, each registrant who (prior to the expiration of such period) filed a registration statement with the Attorney General under section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any transaction described in paragraph (10) of section 2(a) of such Act (as added by subsection (a)(1)) which occurred at any time during which the registrant was an agent of the foreign principal involved, shall file with the Attorney General a supplement to such statement under oath, on a form prescribed by the Attorney General, containing a detailed statement describing each such transaction. SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION STATEMENTS. (a) Requiring Statements Filed by Registrants To Be in Digitized Format.--Section 2(g) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(g)) is amended by striking ``in electronic form'' and inserting ``in a digitized format which will enable the Attorney General to meet the requirements of section 6(d)(1) (relating to public access to an electronic database of statements and updates)''. (b) Requirements for Electronic Database of Registration Statements and Updates.--Section 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``to the extent technically practicable,''; and (2) in subparagraph (A), by striking ``includes the information'' and inserting ``includes in a digitized format the information''. (c) Effective Date.--The amendments made by this section shall apply with respect to statements filed on or after the expiration of the 180-day period which begins on the date of the enactment of this Act. SEC. 7105. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON ONLINE PLATFORMS BY AGENTS OF FOREIGN PRINCIPALS ON BEHALF OF CLIENTS. (a) Method and Form of Disclaimer; Preservation of Disclaimers by Certain Social Media Platforms.-- (1) Requirements described.--Section 4(b) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614(b)) is amended-- (A) by striking ``(b) It shall be unlawful'' and inserting ``(b)(1) It shall be unlawful''; and (B) by adding at the end the following new paragraph: ``(2) In the case of informational materials for or in the interests of a foreign principal which are transmitted or caused to be transmitted by an agent of a foreign principal by posting on an online platform, the agent shall ensure that the conspicuous statement required to be placed in such materials under this subsection is placed directly with the material posted on the platform and is not accessible only through a hyperlink or other reference to another source. ``(3) If the Attorney General determines that the application of paragraph (2) to materials posted on an online platform is not feasible because the length of the conspicuous statement required to be placed in materials under this subsection makes the inclusion of the entire statement incompatible with the posting of the materials on that platform, an agent may meet the requirements of paragraph (2) by ensuring that an abbreviated version of the statement, stating that the materials are distributed by a foreign agent on behalf of a clearly identified foreign principal, is placed directly with the material posted on the platform. ``(4) An online platform on which informational materials described in paragraph (2) are posted shall ensure that the conspicuous statement described in such paragraph (or, if applicable, the abbreviated statement described in paragraph (3)) is maintained with such materials at all times, including after the material is shared in a social media post on the platform, but only if the platform has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the 12 months preceding the dissemination of the materials.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period. (b) Application of Requirements to Persons Outside the United States.-- (1) In general.--Section 4(b)(1) of such Act (22 U.S.C. 614(b)(1)), as amended by subsection (a), is amended by striking ``any person within the United States'' and inserting ``any person''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period. (c) Requirements for Online Platforms Disseminating Informational Materials Transmitted by Agents of Foreign Principals.-- (1) In general.--Section 4 of such Act (22 U.S.C. 614) is amended by adding at the end the following new subsection: ``(g) If the Attorney General determines that an agent of a foreign principal transmitted or caused to be transmitted informational materials on an online platform for or in the interests of the foreign principal and did not meet the requirements of subsection (b)(2) (relating to the conspicuous statement required to be placed in such materials)-- ``(1) the Attorney General shall notify the online platform; and ``(2) the online platform shall remove such materials and use reasonable efforts to inform recipients of such materials that the materials were disseminated by a foreign agent on behalf of a foreign principal.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. (d) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended by inserting after subsection (i) the following new subsection: ``(j) The term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine).''. SEC. 7106. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO ENGAGE WITH THE UNITED STATES IN POLITICAL ACTIVITIES FOR A FOREIGN PRINCIPAL IN ANY PLACE AS AGENTS OF FOREIGN PRINCIPALS. Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after ``United States'' the following: ``(whether within or outside of the United States)''. SEC. 7107. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT OF FOREIGN AGENTS REGISTRATION ACT OF 1938. (a) Analysis.--The Attorney General shall conduct an analysis of the legal, policy, and procedural challenges to the effective enforcement of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the analysis conducted under subsection (a), and shall include in the report such recommendations, including recommendations for revisions to the Foreign Agents Registration Act of 1938, as the Attorney General considers appropriate to promote the effective enforcement of such Act. Subtitle C--Lobbying Disclosure Reform SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES SUBJECT TO REQUIREMENTS OF LOBBYING DISCLOSURE ACT OF 1995. (a) Coverage of Individuals Providing Counseling Services.-- (1) Treatment of counseling services in support of lobbying contacts as lobbying activity.--Section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) is amended-- (A) by striking ``efforts'' and inserting ``any efforts''; and (B) by striking ``research and other background work'' and inserting the following: ``counseling in support of such preparation and planning activities, research, and other background work''. (2) Treatment of lobbying contact made with support of counseling services as lobbying contact made by individual providing services.--Section 3(8) of such Act (2 U.S.C. 1602(8)) is amended by adding at the end the following new subparagraph: ``(C) Treatment of providers of counseling services.--Any individual, with authority to direct or substantially influence a lobbying contact or contacts made by another individual, and for financial or other compensation provides counseling services in support of preparation and planning activities which are treated as lobbying activities under paragraph (7) for that other individual's lobbying contact or contacts and who has knowledge that the specific lobbying contact or contacts were made, shall be considered to have made the same lobbying contact at the same time and in the same manner to the covered executive branch official or covered legislative branch official involved.''. (b) Reduction of Percentage Exemption for Determination of Threshold of Lobbying Contacts Required for Individuals To Register as Lobbyists.--Section 3(10) of such Act (2 U.S.C. 1602(10)) is amended by striking ``less than 20 percent'' and inserting ``less than 10 percent''. (c) Effective Date.--The amendments made by this section shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS. (a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 5 the following new section: ``SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS. ``(a) Prohibition.--Notwithstanding any other provision of this Act, no person may accept financial or other compensation for lobbying activity under this Act on behalf of a client who is a government which the President has determined is a government that engages in gross violations of human rights. ``(b) Clarification of Treatment of Diplomatic or Consular Officers.--Nothing in this section may be construed to affect any activity of a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while said officer is engaged in activities which are recognized by the Department of State as being within the scope of the functions of such officer.''. (b) Effective Date.--The amendments made by this section shall apply with respect to lobbying activity under the Lobbying Disclosure Act of 1995 which occurs pursuant to contracts entered into on or after the date of the enactment of this Act. SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS LOBBYISTS UPON MAKING ANY LOBBYING CONTACTS. (a) Mandatory Disclosure at Time of Contact.--Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Requiring Identification at Time of Lobbying Contact.--Any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall, at the time of the lobbying contact-- ``(1) indicate whether the person or entity is registered under this chapter and identify the client on whose behalf the lobbying contact is made; and ``(2) indicate whether such client is a foreign entity and identify any foreign entity required to be disclosed under section 4(b)(4) that has a direct interest in the outcome of the lobbying activity.''; and (2) by redesignating subsection (c) as subsection (b). (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. Subtitle D--Recusal of Presidential Appointees SEC. 7301. RECUSAL OF APPOINTEES. Section 208 of title 18, United States Code, is amended by adding at the end the following: ``(e)(1) Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is-- ``(A) the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or ``(B) the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest. ``(2)(A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter. ``(B)(i) In this subparagraph, the term `Commission' means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member. ``(ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may-- ``(I) consider the matter without regard to the quorum requirement under such statute; ``(II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or ``(III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter. ``(3) Any officer or employee who violates paragraph (1) shall be subject to the penalties set forth in section 216. ``(4) For purposes of this section, the term `particular matter' shall have the meaning given the term in section 207(i).''. Subtitle E--Clearinghouse on Lobbying Information SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. (a) Establishment.--The Attorney General shall establish and operate within the Department of Justice a clearinghouse through which members of the public may obtain copies (including in electronic form) of registration statements filed under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (b) Format.--The Attorney General shall ensure that the information in the clearinghouse established under this Act is maintained in a searchable and sortable format. (c) Agreements With Clerk of House and Secretary of the Senate.-- The Attorney General shall enter into such agreements with the Clerk of the House of Representatives and the Secretary of the Senate as may be necessary for the Attorney General to obtain registration statements filed with the Clerk and the Secretary under the Lobbying Disclosure Act of 1995 for inclusion in the clearinghouse. Subtitle F--Severability SEC. 7501. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES Subtitle A--Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing the revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from government contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. Sec. 8006. Guidance on unpaid employees. Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees. Subtitle B--Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. Sec. 8014. Contracts by the President or Vice President. Sec. 8015. Legal defense funds. Subtitle C--White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. Subtitle D--Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency ethics officials training and duties. Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations. Sec. 8037. Reports on cost of Presidential travel. Sec. 8038. Reports on cost of senior Federal official travel. Subtitle E--Conflicts From Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F--Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G--Ethics Pledge For Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H--Travel on Private Aircraft by Senior Political Appointees Sec. 8071. Short title. Sec. 8072. Prohibition on use of funds for travel on private aircraft. Subtitle I--Severability Sec. 8081. Severability. Subtitle A--Executive Branch Conflict of Interest SEC. 8001. SHORT TITLE. This subtitle may be cited as the ``Executive Branch Conflict of Interest Act''. SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. Section 209 of title 18, United States Code, is amended-- (1) in subsection (a); (A) by striking ``any salary'' and inserting ``any salary (including a bonus)''; and (B) by striking ``as compensation for his services'' and inserting ``at any time, as compensation for serving''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.''. SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES ``Sec. 601. Definitions ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) or paragraph (1) of section 207(d) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(4) Executive branch.--The term `executive branch' has the meaning given that term in section 109. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include any agency or instrumentality of the Federal Government. ``(6) Former employer.--The term `former employer'-- ``(A) means a person for whom a covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) an entity in the Federal Government, including an executive branch agency; ``(ii) a State or local government; ``(iii) the District of Columbia; ``(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(v) the government of a territory or possession of the United States. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. ``Sec. 602. Conflict of interest and eligibility standards ``(a) In General.--A covered employee may not participate personally and substantially in a particular matter in which the covered employee knows or reasonably should have known that a former employer or former client of the covered employee has a financial interest. ``(b) Waiver.-- ``(1) In general.-- ``(A) Agency heads.--With respect to the head of a covered agency who is a covered employee, the Designated Agency Ethics Official for the Executive Office of the President, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the head engages in the action otherwise prohibited by such subsection if the Designated Agency Ethics Official for the Executive Office of the President determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the head's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs or operations. ``(B) Other covered employees.--With respect to any covered employee not covered by subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the covered employee engages in the action otherwise prohibited by such subsection if the head of the covered agency determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the covered employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs or operations. ``(2) Publication.--For any waiver granted under paragraph (1), the individual who granted the waiver shall-- ``(A) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and ``(B) publish the waiver on the website of the applicable agency not more than 30 calendar days after granting such waiver. ``(3) Review.--Upon receiving a written waiver under paragraph (1)(A), the Director shall-- ``(A) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and ``(B) if the Director so objects-- ``(i) provide reasons for the objection in writing to the head of the agency who granted the waiver not more than 15 calendar days after the waiver was granted; and ``(ii) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted. ``Sec. 603. Penalties and injunctions ``(a) Criminal Penalties.-- ``(1) In general.--Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. ``(2) Willful violations.--Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(B) Rule of construction.--A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States or any other person. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. ``(B) Standard.--The court may issue an order under subparagraph (A) if the court finds by a preponderance of the evidence that the conduct of the person violates section 602. ``(C) Rule of construction.--The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.''. SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. (a) Expansion of Prohibition on Acceptance by Former Officials of Compensation From Contractors.--Section 2104 of title 41, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``or consultant'' and inserting ``attorney, consultant, subcontractor, or lobbyist''; and (ii) by striking ``one year'' and inserting ``2 years''; and (B) in paragraph (3), by striking ``personally made for the Federal agency'' and inserting ``participated personally and substantially in''; and (2) by striking subsection (b) and inserting the following: ``(b) Prohibition on Compensation From Affiliates and Subcontractors.--A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor.''. (b) Requirement for Procurement Officers To Disclose Job Offers Made to Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements ``An employee of the Federal Government may not participate personally and substantially in any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.''. (2) Technical and conforming amendment.--The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item: ``2108. Prohibition on involvement by certain former contractor employees in procurements.''. (d) Regulations.--The Director of the Office of Government Ethics, in consultation with the Administrator of General Services, shall promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section. (e) Monitoring and Compliance.--The Administrator of General Services, in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), shall monitor compliance with such chapter 21 by individuals and agencies. SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE PRIVATE SECTOR. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1)-- (A) by striking ``1 year'' in each instance and inserting ``2 years''; and (B) by inserting ``, or conducts any lobbying activity to facilitate any communication to or appearance before,'' after ``any communication to or appearance before''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (b) Application.--The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act. SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall issue guidance on ethical standards applicable to unpaid employees of an agency. (b) Definitions.--In this section-- (1) the term ``agency'' includes the Executive Office of the President and the White House; and (2) the term ``unpaid employee'' includes any individual occupying a position at an agency and who is unpaid by operation of section 3110 of title 5, United States Code, or any other provision of law, but does not include any employee who is unpaid due to a lapse in appropriations. SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND CONTRACTING AT BUSINESSES OWNED BY CERTAIN GOVERNMENT OFFICERS AND EMPLOYEES. (a) Limitation on Federal Funds.--Beginning in fiscal year 2022 and in each fiscal year thereafter, no Federal funds may be obligated or expended for purposes of procuring goods or services at any business owned or controlled by a covered individual or any family member of such an individual, unless such obligation or expenditure of funds is authorized under the Presidential Protection Assistance Act of 1976 (Public Law 94-524). (b) Prohibition on Contracts.--No Executive agency may enter into or hold a contract with a business owned or controlled by a covered individual or any family member of such an individual. (c) Determination of Ownership.--For purposes of this section, a business shall be deemed to be owned or controlled by a covered individual or any family member of such an individual if the covered individual or member of family (as the case may be)-- (1) is a member of the board of directors or similar governing body of the business; (2) directly or indirectly owns or controls more than 50 percent of the voting shares of the business; or (3) is the beneficiary of a trust which owns or controls more than 50 percent of the business and can direct distributions under the terms of the trust. (d) Definitions.--In this section: (1) Covered individual.--The term ``covered individual'' means-- (A) the President; (B) the Vice President; (C) the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and (D) any individual occupying a position designated by the President as a Cabinet-level position. (2) Family member.--The term ``family member'' means an individual with any of the following relationships to a covered individual: (A) Spouse, and parents thereof. (B) Sons and daughters, and spouses thereof. (C) Parents, and spouses thereof. (D) Brothers and sisters, and spouses thereof. (E) Grandparents and grandchildren, and spouses thereof. (F) Domestic partner and parents thereof, including domestic partners of any individual in subparagraphs (A) through (E). (3) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. Subtitle B--Presidential Conflicts of Interest SEC. 8011. SHORT TITLE. This subtitle may be cited as the ``Presidential Conflicts of Interest Act of 2021''. SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF INTEREST. (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding after title VI (as added by section 8003) the following: ``TITLE VII--DIVESTITURE OF FINANCIAL CONFLICTS OF INTERESTS OF THE PRESIDENT AND VICE PRESIDENT ``Sec. 701. Divestiture of financial interests posing a conflict of interest ``(a) Applicability to the President and Vice President.--The President and Vice President shall, within 30 days of assuming office, divest of all financial interests that pose a conflict of interest because the President or Vice President, the spouse, dependent child, or general partner of the President or Vice President, or any person or organization with whom the President or Vice President is negotiating or has any arrangement concerning prospective employment, has a financial interest, by-- ``(1) converting each such interest to cash or other investment that meets the criteria established by the Director of the Office of Government Ethics through regulation as being an interest so remote or inconsequential as not to pose a conflict; or ``(2) placing each such interest in a qualified blind trust as defined in section 102(f)(3) or a diversified trust under section 102(f)(4)(B). ``(b) Disclosure Exemption.--Subsection (a) shall not apply if the President or Vice President complies with section 102.''. (b) Additional Disclosures.--Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(9) With respect to any such report filed by the President or Vice President, for any corporation, company, firm, partnership, or other business enterprise in which the President, Vice President, or the spouse or dependent child of the President or Vice President, has a significant financial interest-- ``(A) the name of each other person who holds a significant financial interest in the firm, partnership, association, corporation, or other entity; ``(B) the value, identity, and category of each liability in excess of $10,000; and ``(C) a description of the nature and value of any assets with a value of $10,000 or more.''. (c) Regulations.--Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall promulgate regulations to define the criteria required by section 701(a)(1) of the Ethics in Government Act of 1978 (as added by subsection (a)) and the term ``significant financial interest'' for purposes of section 102(a)(9) of the Ethics in Government Act (as added by subsection (b)). SEC. 8013. INITIAL FINANCIAL DISCLOSURE. Subsection (a) of section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``position'' and adding at the end the following: ``position, with the exception of the President and Vice President, who must file a new report.''. SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT. (a) Amendment.--Section 431 of title 18, United States Code, is amended-- (1) in the section heading, by inserting ``the President, Vice President, Cabinet Member, or a'' after ``Contracts by''; and (2) in the first undesignated paragraph, by inserting ``the President, Vice President, or any Cabinet member'' after ``Whoever, being''. (b) Table of Sections Amendment.--The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following: ``431. Contracts by the President, Vice President, or a Member of Congress.''. SEC. 8015. LEGAL DEFENSE FUNDS. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Office of Government Ethics; (2) the term ``legal defense fund'' means a trust-- (A) that has only one beneficiary; (B) that is subject to a trust agreement creating an enforceable fiduciary duty on the part of the trustee to the beneficiary, pursuant to the applicable law of the jurisdiction in which the trust is established; (C) that is subject to a trust agreement that provides for the mandatory public disclosure of all donations and disbursements; (D) that is subject to a trust agreement that prohibits the use of its resources for any purpose other than-- (i) the administration of the trust; (ii) the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by the trust's beneficiary as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President; or (iii) the distribution of unused resources to a charity selected by the trustee that has not been selected or recommended by the beneficiary of the trust; (E) that is subject to a trust agreement that prohibits the use of its resources for any other purpose or personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; and (F) that is subject to a trust agreement that prohibits the acceptance of donations, except in accordance with this section and the regulations of the Office of Government Ethics; (3) the term ``lobbying activity'' has the meaning given that term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602); (4) the term ``officer or employee'' means-- (A) an officer (as that term is defined in section 2104 of title 5, United States Code) or employee (as that term is defined in section 2105 of such title) of the executive branch of the Government; (B) the Vice President; and (C) the President; and (5) the term ``relative'' has the meaning given that term in section 3110 of title 5, United States Code. (b) Legal Defense Funds.--An officer or employee may not accept or use any gift or donation for the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of the officer or employee's service as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President except through a legal defense fund that is certified by the Director of the Office of Government Ethics. (c) Limits on Gifts and Donations.--Not later than 120 days after the date of the enactment of this Act, the Director shall promulgate regulations establishing limits with respect to gifts and donations described in subsection (b), which shall, at a minimum-- (1) prohibit the receipt of any gift or donation described in subsection (b)-- (A) from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year; (B) from a registered lobbyist; (C) from a foreign government or an agent of a foreign principal; (D) from a State government or an agent of a State government; (E) from any person seeking official action from, or seeking to do or doing business with, the agency employing the officer or employee; (F) from any person conducting activities regulated by the agency employing the officer or employee; (G) from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee; (H) from an officer or employee of the executive branch; or (I) from any organization a majority of whose members are described in (A)-(H); and (2) require that a legal defense fund, in order to be certified by the Director, only permit distributions to the applicable officer or employee. (d) Written Notice.-- (1) In general.--An officer or employee who wishes to accept funds or have a representative accept funds from a legal defense fund shall first ensure that the proposed trustee of the legal defense fund submits to the Director the following information: (A) The name and contact information for any proposed trustee of the legal defense fund. (B) A copy of any proposed trust document for the legal defense fund. (C) The nature of the legal proceeding (or proceedings), investigation or other matter which give rise to the establishment of the legal defense fund. (D) An acknowledgment signed by the officer or employee and the trustee indicating that they will be bound by the regulations and limitation under this section. (2) Approval.--An officer or employee may not accept any gift or donation to pay, or to reimburse any person for, fees or expenses described in subsection (b) of this section except through a legal defense fund that has been certified in writing by the Director following that office's receipt and approval of the information submitted under paragraph (1) and approval of the structure of the fund. (e) Reporting.-- (1) In general.--An officer or employee who establishes a legal defense fund may not directly or indirectly accept distributions from a legal defense fund unless the fund has provided the Director a quarterly report for each quarter of every calendar year since the establishment of the legal defense fund that discloses, with respect to the quarter covered by the report-- (A) the source and amount of each contribution to the legal defense fund; and (B) the amount, recipient, and purpose of each expenditure from the legal defense fund, including all distributions from the trust for any purpose. (2) Public availability.--The Director shall make publicly available online-- (A) each report submitted under paragraph (1) in a searchable, sortable, and downloadable form; (B) each trust agreement and any amendment thereto; (C) the written notice and acknowledgment required by subsection (d); and (D) the Director's written certification of the legal defense fund. (f) Recusal.--An officer or employee, other than the President and the Vice President, who is the beneficiary of a legal defense fund may not participate personally and substantially in any particular matter in which the officer or employee knows a donor of any source of a gift or donation to the legal defense fund established for the officer or employee has a financial interest, for a period of 2 years from the date of the most recent gift or donation to the legal defense fund. Subtitle C--White House Ethics Transparency SEC. 8021. SHORT TITLE. This subtitle may be cited as the ``White House Ethics Transparency Act of 2021''. SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS RELATING TO ETHICS REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, not later than 30 days after an officer or employee issues or approves a waiver or authorization pursuant to section 3 of Executive Order No. 13770 (82 6 Fed. Reg. 9333), or any subsequent similar order, such officer or employee shall-- (1) transmit a written copy of such waiver or authorization to the Director of the Office of Government Ethics; and (2) make a written copy of such waiver or authorization available to the public on the website of the employing agency of the covered employee. (b) Retroactive Application.--In the case of a waiver or authorization described in subsection (a) issued during the period beginning on January 20, 2017, and ending on the date of enactment of this Act, the issuing officer or employee of such waiver or authorization shall comply with the requirements of paragraphs (1) and (2) of such subsection not later than 30 days after the date of enactment of this Act. (c) Office of Government Ethics Public Availability.--Not later than 30 days after receiving a written copy of a waiver or authorization under subsection (a)(1), the Director of the Office of Government Ethics shall make such waiver or authorization available to the public on the website of the Office of Government Ethics. (d) Report to Congress.--Not later than 45 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress on the impact of the application of subsection (b), including the name of any individual who received a waiver or authorization described in subsection (a) and who, by operation of subsection (b), submitted the information required by such subsection. (e) Definition of Covered Employee.--In this section, the term ``covered employee''-- (1) means a non-career Presidential or Vice Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), or an appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency; and (2) does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. Subtitle D--Executive Branch Ethics Enforcement SEC. 8031. SHORT TITLE. This subtitle may be cited as the ``Executive Branch Comprehensive Ethics Enforcement Act of 2021''. SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT ETHICS. Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``fiscal year 2007'' and inserting ``fiscal years 2021 through 2025.''. SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS. Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking the period at the end and inserting ``, subject to removal only for inefficiency, neglect of duty, or malfeasance in office. The Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Director may not continue to serve for more than one year after the date on which the term would otherwise expire under this subsection.''. SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS. (a) In General.--Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``, in consultation with the Office of Personnel Management,''. (b) Responsibilities of the Director.--Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1)-- (A) by striking ``developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director'' and inserting ``developing and promulgating rules and regulations''; and (B) by striking ``title II'' and inserting ``title I''; (2) by striking paragraph (2) and inserting the following: ``(2) providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as deemed appropriate by the Director;''; (3) in paragraph (3), by striking ``title II'' and inserting ``title I''; (4) in paragraph (4), by striking ``problems'' and inserting ``issues''; (5) in paragraph (6)-- (A) by striking ``issued by the President or the Director''; and (B) by striking ``problems'' and inserting ``issues''; (6) in paragraph (7)-- (A) by striking ``, when requested,''; and (B) by striking ``conflict of interest problems'' and inserting ``conflicts of interest, as well as other ethics issues''; (7) in paragraph (9)-- (A) by striking ``ordering'' and inserting ``receiving allegations of violations of this Act or regulations of the Office of Government Ethics and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering''; and (B) by inserting before the semi-colon the following: ``, and recommending appropriate disciplinary action''; (8) in paragraph (12)-- (A) by striking ``evaluating, with the assistance of'' and inserting ``promulgating, with input from''; (B) by striking ``the need for''; and (C) by striking ``conflict of interest and ethical problems'' and inserting ``conflict of interest and ethics issues''; (9) in paragraph (13)-- (A) by striking ``with the Attorney General'' and inserting ``with the Inspectors General and the Attorney General''; (B) by striking ``violations of the conflict of interest laws'' and inserting ``conflict of interest issues and allegations of violations of ethics laws and regulations and this Act''; and (C) by striking ``, as required by section 535 of title 28, United States Code''; (10) in paragraph (14), by striking ``and'' at the end; (11) in paragraph (15)-- (A) by striking ``, in consultation with the Office of Personnel Management,''; (B) by striking ``title II'' and inserting ``title I''; and (C) by striking the period at the end and inserting a semicolon; and (12) by adding at the end the following: ``(16) directing and providing final approval, when determined appropriate by the Director, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and ``(17) reviewing and approving, when determined appropriate by the Director, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Office of Government Ethics.''. (c) Written Procedures.--Paragraph (1) of section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking ``, by the exercise of any authority otherwise available to the Director under this title,''; (2) by striking ``the agency is''; and (3) by inserting after ``filed by'' the following: ``, or written documentation of recusals, waivers, or ethics authorizations relating to,''. (d) Corrective Actions.--Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1)-- (A) in clause (i) of subparagraph (A), by striking ``of such agency''; and (B) in subparagraph (B), by inserting before the period at the end ``and determine that a violation of this Act has occurred and issue appropriate administrative or legal remedies as prescribed in paragraph (2)''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (ii)-- (I) in subclause (I)-- (aa) by inserting ``to the President or the President's designee if the matter involves employees of the Executive Office of the President or'' after ``may recommend''; (bb) by striking ``and'' at the end; and (II) in subclause (II)-- (aa) by inserting ``President or'' after ``determines that the''; and (bb) by adding ``and'' at the end; (ii) in subclause (II) of clause (iii)-- (I) by striking ``notify, in writing,'' and inserting ``advise the President or order''; (II) by inserting ``to take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee (provided, however, that any order issued by the Director shall not affect an employee's right to appeal a disciplinary action under applicable law, regulation, collective bargaining agreement, or contractual provision).'' after ``employee's agency''; and (III) by striking ``of the officer's or employee's noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President; and''; and (iii) by striking clause (iv); (B) in subparagraph (B)(i)-- (i) by striking ``subparagraph (A)(iii) or (iv)'' and inserting ``subparagraph (A)''; (ii) by inserting ``(I)'' before ``In order to''; and (iii) by adding at the end the following: ``(II)(aa) The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director. ``(bb) The Director may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court.''; (C) in subparagraph (B)(ii)(I)-- (i) by striking ``Subject to clause (iv) of this subparagraph, before'' and inserting ``Before''; and (ii) by striking ``subparagraphs (A) (iii) or (iv)'' and inserting ``subparagraph (A)(iii)''; (D) in subparagraph (B)(iii), by striking ``Subject to clause (iv) of this subparagraph, before'' and inserting ``Before''; and (E) in subparagraph (B)(iv)-- (i) by striking ``title 2'' and inserting ``title I''; and (ii) by striking ``section 206'' and inserting ``section 106''; and (3) in paragraph (4), by striking ``(iv),''. (e) Definitions.--Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(g) For purposes of this title-- ``(1) the term `agency' shall include the Executive Office of the President; and ``(2) the term `officer or employee' shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President. ``(h) In this title, a reference to the head of an agency shall include the President or the President's designee. ``(i) The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President.''. SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES. (a) In General.--Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in subsection (a), by adding a period at the end of the matter following paragraph (2); and (2) by adding at the end the following: ``(c)(1) All designated agency ethics officials and alternate designated agency ethics officials shall register with the Director as well as with the appointing authority of the official. ``(2) The Director shall provide ethics education and training to all designated and alternate designated agency ethics officials in a time and manner deemed appropriate by the Director. ``(3) Each designated agency ethics official and each alternate designated agency ethics official shall biannually attend ethics education and training, as provided by the Director under paragraph (2). ``(d) Each Designated Agency Ethics Official, including the Designated Agency Ethics Official for the Executive Office of the President-- ``(1) shall provide to the Director, in writing, in a searchable, sortable, and downloadable format, all approvals, authorizations, certifications, compliance reviews, determinations, directed divestitures, public financial disclosure reports, notices of deficiency in compliance, records related to the approval or acceptance of gifts, recusals, regulatory or statutory advisory opinions, waivers, including waivers under section 207 or 208 of title 18, United States Code, and any other records designated by the Director, unless disclosure is prohibited by law; ``(2) shall, for all information described in paragraph (1) that is permitted to be disclosed to the public under law, make the information available to the public by publishing the information on the website of the Office of Government Ethics, providing a link to download an electronic copy of the information, or providing printed paper copies of such information to the public; and ``(3) may charge a reasonable fee for the cost of providing paper copies of the information pursuant to paragraph (2). ``(e)(1) For all information that is provided by an agency to the Director under paragraph (1) of subsection (d), the Director shall make the information available to the public in a searchable, sortable, downloadable format by publishing the information on the website of the Office of Government Ethics or providing a link to download an electronic copy of the information. ``(2) The Director may, upon request, provide printed paper copies of the information published under paragraph (1) and charge a reasonable fee for the cost of printing such copies.''. (b) Repeal.--Section 408 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is hereby repealed. SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL EMPLOYEE TRAVEL IN CONTRAVENTION OF CERTAIN REGULATIONS. (a) In General.--Beginning on the date of enactment of this Act, no Federal funds appropriated or otherwise made available in any fiscal year may be used for the travel expenses of any senior Federal official in contravention of sections 301-10.260 through 301-10.266 of title 41, Code of Federal Regulations, or any successor regulation. (b) Quarterly Report on Travel.-- (1) In general.--Not later than 90 days after the date of enactment of this Act and every 90 days thereafter, the head of each Federal agency shall submit a report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate detailing travel on Government aircraft by any senior Federal official employed at the applicable agency. (2) Application.--Any report required under paragraph (1) shall not include any classified travel, and nothing in this Act shall be construed to supersede, alter, or otherwise affect the application of section 101-37.408 of title 41, Code of Federal Regulations, or any successor regulation. (c) Travel Regulation Report.--Not later than 1 year after enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress detailing suggestions on strengthening Federal travel regulations. On the date such report is so submitted, the Director shall publish such report on the Office's public website. (d) Senior Federal Official Defined.--In this section, the term ``senior Federal official'' has the meaning given that term in section 101-37.100 of title 41, Code of Federal Regulations, as in effect on the date of enactment of this Act, and includes any senior executive branch official (as that term is defined in such section). SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of Presidential travel. Each such report shall include costs incurred for travel to a property owned or operated by the individual serving as President or an immediate family member of such individual. (b) Immediate Family Member Defined.--In this section, the term ``immediate family member'' means the spouse of such individual, the adult or minor child of such individual, or the spouse of an adult child of such individual. SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFICIAL TRAVEL. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of travel by senior Federal officials on military aircraft. Each such report shall include whether spousal travel furnished by the Department was reimbursed to the Federal Government. (b) Exception.--Required use travel, as outlined in Department of Defense Directive 4500.56, shall not be included in reports under subsection (a). (c) Senior Federal Official Defined.--In this section, the term ``senior Federal official'' has the meaning given that term in section 8036(d). Subtitle E--Conflicts From Political Fundraising SEC. 8041. SHORT TITLE. This subtitle may be cited as the ``Conflicts from Political Fundraising Act of 2021''. SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS. (a) Definitions.--Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and (2) by inserting after paragraph (1) the following: ``(2) `covered contribution' means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value-- ``(A)(i) that-- ``(I) is-- ``(aa) made by or on behalf of a covered individual; or ``(bb) solicited in writing by or at the request of a covered individual; and ``(II) is made-- ``(aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(bb) to an organization-- ``(AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or ``(ii) that is-- ``(I) solicited in writing by or on behalf of a covered individual; and ``(II) made-- ``(aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and ``(bb) to-- ``(AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year; ``(3) `covered individual' means an individual who has been nominated or appointed to a covered position; and ``(4) `covered position'-- ``(A) means-- ``(i) a position described under sections 5312 through 5316 of title 5, United States Code; ``(ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code; ``(iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; ``(iv) a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and ``(v) a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); and ``(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);''. (b) Disclosure Requirements.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 101-- (A) in subsection (a)-- (i) by inserting ``(1)'' before ``Within''; (ii) by striking ``unless'' and inserting ``and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if''; and (iii) by adding at the end the following: ``(2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).''; (B) in subsection (b)(1), in the first sentence, by inserting ``and the information required by section 102(j)'' after ``described in section 102(b)''; (C) in subsection (d), by inserting ``and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (D) in subsection (e), by inserting ``and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (2) in section 102-- (A) in subsection (g), by striking ``Political campaign funds'' and inserting ``Except as provided in subsection (j), political campaign funds''; and (B) by adding at the end the following: ``(j)(1) In this subsection-- ``(A) the term `applicable period' means-- ``(i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and ``(ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and ``(B) the term `covered gift' means a gift that-- ``(i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual; ``(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and ``(iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made. ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution during the applicable period-- ``(i) the date on which the covered contribution was made; ``(ii) if applicable, the date or dates on which the covered contribution was solicited; ``(iii) the value of the covered contribution; ``(iv) the name of the person making the covered contribution; and ``(v) the name of the person receiving the covered contribution. ``(B)(i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual. ``(ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government. ``(3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period.''. (c) Provision of Reports and Ethics Agreements to Congress.-- Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress, the Director of the Office of Government Ethics shall provide to the Chairman and Ranking Member each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual.''. (d) Rules on Ethics Agreements.--The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this subtitle in drafting ethics agreements between the agency and individuals appointed to positions in the agency. (e) Technical and Conforming Amendments.-- (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 101(f)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; (iii) in paragraph (11), by striking ``section 109(10)'' and inserting ``section 109(13)''; and (iv) in paragraph (12), by striking ``section 109(8)'' and inserting ``section 109(11)''; (B) in section 103(l)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; and (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; and (C) in section 105(b)(3)(A), by striking ``section 109(8) or 109(10)'' and inserting ``section 109(11) or 109(13)''. (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking ``section 109(13)'' and inserting ``section 109(16)''. (3) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended-- (A) in subsection (g)(2)(B)(ii), by striking ``section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))''; and (B) in subsection (h)(2)-- (i) in subparagraph (B), by striking ``section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''; and (ii) in subparagraph (C), by striking ``section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''. (4) Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of the Ethics in Government Act of 1978'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''. Subtitle F--Transition Team Ethics SEC. 8051. SHORT TITLE. This subtitle may be cited as the ``Transition Team Ethics Improvement Act''. SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) in section 3(f), by adding at the end the following: ``(3) Not later than 10 days after submitting an application for a security clearance for any individual, and not later than 10 days after any such individual is granted a security clearance (including an interim clearance), each eligible candidate (as that term is described in subsection (h)(4)(A)) or the President-elect (as the case may be) shall submit a report containing the name of such individual to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.''; and (2) in section 6(b)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(C) a list of all positions each transition team member has held outside the Federal Government for the previous 12- month period, including paid and unpaid positions; ``(D) sources of compensation for each transition team member exceeding $5,000 a year for the previous 12-month period; ``(E) a description of the role of each transition team member, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team; ``(F) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and ``(G) an affirmation that no transition team member has a financial conflict of interest that precludes the member from working on the matters described in subparagraph (E).''; (B) in paragraph (2), by inserting ``not later than 2 business days'' after ``public''; and (C) by adding at the end the following: ``(3) The head of a Federal department or agency, or their designee, shall not permit access to the Federal department or agency, or employees of such department or agency, that would not be provided to a member of the public for any transition team member who does not make the disclosures listed under paragraph (1).''. Subtitle G--Ethics Pledge For Senior Executive Branch Employees SEC. 8061. SHORT TITLE. This subtitle may be cited as the ``Ethics in Public Service Act''. SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH EMPLOYEES. The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title: ``TITLE II--ETHICS PLEDGE ``SEC. 201. DEFINITIONS. ``For the purposes of this title, the following definitions apply: ``(1) The term `executive agency' has the meaning given that term in section 105 of title 5, United States Code, and includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission, but does not include the Government Accountability Office. ``(2) The term `appointee' means any noncareer Presidential or Vice-Presidential appointee, noncareer appointee in the Senior Executive Service (or other SES-type system), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency, but does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. ``(3) The term `gift'-- ``(A) has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations (or any successor regulation); and ``(B) does not include those items excluded by sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such title 5. ``(4) The term `covered executive branch official' and `lobbyist' have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). ``(5) The term `registered lobbyist or lobbying organization' means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of an organization filing such a registration, `registered lobbyist' includes each of the lobbyists identified therein. ``(6) The term `lobby' and `lobbied' mean to act or have acted as a registered lobbyist. ``(7) The term `former employer'-- ``(A) means a person or entity for whom an appointee served as an employee, officer, director, trustee, partner, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) an agency or instrumentality of the Federal Government; ``(ii) a State or local government; ``(iii) the District of Columbia; ``(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(v) the government of a territory or possession of the United States. ``(8) The term `former client' means a person or entity for whom an appointee served personally as agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government, but does not include an agency or instrumentality of the Federal Government. ``(9) The term `directly and substantially related to my former employer or former clients' means matters in which the appointee's former employer or a former client is a party or represents a party. ``(10) The term `participate' means to participate personally and substantially. ``(11) The term `post-employment restrictions' includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations. ``(12) The term `Government official' means any employee of the executive branch. ``(13) The term `Administration' means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title. ``(14) The term `pledge' means the ethics pledge set forth in section 202 of this title. ``(15) All references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title. ``SEC. 202. ETHICS PLEDGE. ``Each appointee in every executive agency appointed on or after the date of enactment of this section shall be required to sign an ethics pledge upon appointment. The pledge shall be signed and dated within 30 days of taking office and shall include, at a minimum, the following elements: ```As a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: ```(1) Lobbyist Gift Ban.--I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. ```(2) Revolving Door Ban; Entering Government.-- ```(A) All Appointees Entering Government.--I will not, for a period of 2 years from the date of my appointment, participate in any particular matter involving specific party or parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. ```(B) Lobbyists Entering Government.--If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of subparagraph (A), I will not for a period of 2 years after the date of my appointment-- ```(i) participate in any particular matter on which I lobbied within the 2 years before the date of my appointment; ```(ii) participate in the specific issue area in which that particular matter falls; or ```(iii) seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment. ```(3) Revolving Door Ban; Appointees Leaving Government.-- ```(A) All Appointees Leaving Government.--If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment. ```(B) Appointees Leaving Government to Lobby.--In addition to abiding by the limitations of subparagraph (A), I also agree, upon leaving Government service, not to lobby any covered executive branch official or noncareer Senior Executive Service appointee for the remainder of the Administration. ```(4) Employment Qualification Commitment.--I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience. ```(5) Assent to Enforcement.--I acknowledge that title II of the Ethics in Government Act of 1978, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that title as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service.' . ``SEC. 203. WAIVER. ``(a) The President or the President's designee may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the President or the President's designee certifies (in writing) that, in light of all the relevant circumstances, the interest of the Federal Government in the employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs or operations. ``(b) Any waiver under this section shall take effect when the certification is signed by the President or the President's designee. ``(c) For purposes of subsection (a)(2), the public interest shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph (2)(B) of the pledge. ``(d) For any waiver granted under this section, the individual who granted the waiver shall-- ``(1) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and ``(2) publish the waiver on the website of the applicable agency not later than 30 calendar days after granting such waiver. ``(e) Upon receiving a written waiver under subsection (d), the Director shall-- ``(1) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and ``(2) if the Director so objects-- ``(A) provide reasons for the objection in writing to the head of the agency who granted the waiver not more than 15 calendar days after the waiver was granted; and ``(B) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted. ``SEC. 204. ADMINISTRATION. ``(a) The head of each executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency's general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure-- ``(1) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; ``(2) that compliance with paragraph (2)(B) of the pledge is addressed in a written ethics agreement with each appointee to whom it applies; ``(3) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and ``(4) compliance with this title within the agency. ``(b) With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President. ``(c) The Director of the Office of Government Ethics shall-- ``(1) ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a); ``(2) in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge; ``(3) adopt such rules or procedures as are necessary or appropriate-- ``(A) to carry out the responsibilities assigned by this subsection; ``(B) to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees; ``(C) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban; ``(D) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift; ``(E) to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government's programs and operations; and ``(F) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph (4) of the pledge is honored by every employee of the executive branch; ``(4) in consultation with the Director of the Office of Management and Budget, report to the President, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure and on steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for presidential pardons, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation; and ``(5) provide an annual public report on the administration of the pledge and this title. ``(d) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee's agency for permanent retention in the appointee's official personnel folder or equivalent folder.''. Subtitle H--Travel on Private Aircraft by Senior Political Appointees SEC. 8071. SHORT TITLE. This subtitle may be cited as the ``Stop Waste And Misuse by Presidential Flyers Landing Yet Evading Rules and Standards'' or the ``SWAMP FLYERS''. SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT. (a) In General.--Beginning on the date of enactment of this subtitle, no Federal funds appropriated or otherwise made available in any fiscal year may be used to pay the travel expenses of any senior political appointee for travel on official business on a non- commercial, private, or chartered flight. (b) Exceptions.--The limitation in subsection (a) shall not apply-- (1) if no commercial flight was available for the travel in question, consistent with subsection (c); or (2) to any travel on aircraft owned or leased by the Government. (c) Certification.-- (1) In general.--Any senior political appointee who travels on a non-commercial, private, or chartered flight under the exception provided in subsection (b)(1) shall, not later than 30 days after the date of such travel, submit a written statement to Congress certifying that no commercial flight was available. (2) Penalty.--Any statement submitted under paragraph (1) shall be considered a statement for purposes of applying section 1001 of title 18, United States Code. (d) Definition of Senior Political Appointee.--In this subtitle, the term ``senior political appointee'' means any individual occupying-- (1) a position listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code); (2) a Senior Executive Service position that is not a career appointee as defined under section 3132(a)(4) of such title; or (3) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations. Subtitle I--Severability SEC. 8081. SEVERABILITY. If any provision of this title or any amendment made by this title, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this title and the amendments made by this title, and the application of the provision or amendment to any other person or circumstance, shall not be affected. TITLE IX--CONGRESSIONAL ETHICS REFORM Subtitle A--Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B--Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C--Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D--Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E--Reports on Outside Compensation Earned by Congressional Employees Sec. 9401. Reports on outside compensation earned by congressional employees. Subtitle F--Severability Sec. 9501. Severability. Subtitle A--Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 IN ALL CASES OF EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS. (a) Requiring Reimbursement.--Clause (i) of section 415(d)(1)(C) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)) is amended to read as follows: ``(i) a violation of section 201(a) or section 206(a); or''. (b) Conforming Amendment Relating to Notification of Possibility of Reimbursement.--Clause (i) of section 402(b)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)) is amended to read as follows: ``(i) a violation of section 201(a) or section 206(a); or''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Congressional Accountability Act of 1995 Reform Act. Subtitle B--Conflicts of Interests SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES FROM SERVING ON BOARDS OF FOR-PROFIT ENTITIES. Rule XXIII of the Rules of the House of Representatives is amended-- (1) by redesignating clause 22 as clause 23; and (2) by inserting after clause 21 the following new clause: ``22. A Member, Delegate, or Resident Commissioner may not serve on the board of directors of any for-profit entity.''. SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND CONGRESSIONAL STAFF. No Member, officer, or employee of a committee or Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation, a principal purpose of which is to further only his or her pecuniary interest, only the pecuniary interest of his or her immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when he or she, or his or her immediate family, or enterprises controlled by them, are members of the affected class. SEC. 9103. EXERCISE OF RULEMAKING POWERS. The provisions of this subtitle are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. Subtitle C--Campaign Finance and Lobbying Disclosure SEC. 9201. SHORT TITLE. This subtitle may be cited as the ``Connecting Lobbyists and Electeds for Accountability and Reform Act'' or the ``CLEAR Act''. SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL ELECTION COMMISSION OF PERSONS WHO ARE REGISTERED LOBBYISTS. (a) Reports Filed by Political Committees.--Section 304(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) if any person identified in subparagraph (A), (E), (F), or (G) of paragraph (3) is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.''. (b) Reports Filed by Persons Making Independent Expenditures.-- Section 304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) if the person filing the statement, or a person whose identification is required to be disclosed under subparagraph (C), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.''. (c) Reports Filed by Persons Making Disbursements for Electioneering Communications.--Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the end the following new subparagraph: ``(G) If the person making the disbursement, or a contributor described in subparagraph (E) or (F), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person or contributor is a registered lobbyist under such Act.''. (d) Requiring Commission To Establish Link to Websites of Clerk of House and Secretary of Senate.--Section 304 of such Act (52 U.S.C. 30104), as amended by section 4002 and section 4208(a), is amended by adding at the end the following new subsection: ``(l) Requiring Information on Registered Lobbyists To Be Linked to Websites of Clerk of House and Secretary of Senate.-- ``(1) Links to websites.--The Commission shall ensure that the Commission's public database containing information described in paragraph (2) is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995. ``(2) Information described.--The information described in this paragraph is each of the following: ``(A) Information disclosed under paragraph (9) of subsection (b). ``(B) Information disclosed under subparagraph (D) of subsection (c)(2). ``(C) Information disclosed under subparagraph (G) of subsection (f)(2).''. SEC. 9203. EFFECTIVE DATE. The amendments made by this subtitle shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the expiration of the 90-day period which begins on the date of the enactment of this Act. Subtitle D--Access to Congressionally Mandated Reports SEC. 9301. SHORT TITLE. This subtitle may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 9302. DEFINITIONS. In this subtitle: (1) Congressionally mandated report.--The term ``congressionally mandated report''-- (A) means a report that is required to be submitted to either House of Congress or any committee of Congress, or subcommittee thereof, by a statute, resolution, or conference report that accompanies legislation enacted into law; and (B) does not include a report required under part B of subtitle II of title 36, United States Code. (2) Director.--The term ``Director'' means the Director of the Government Publishing Office. (3) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. (4) Open format.--The term ``open format'' means a file format for storing digital data based on an underlying open standard that-- (A) is not encumbered by any restrictions that would impede reuse; and (B) is based on an underlying open data standard that is maintained by a standards organization. (5) Reports online portal.--The term ``reports online portal'' means the online portal established under section 9303(a). SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Online Portal.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Director may publish other reports on the online portal. (2) Existing functionality.--To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing online portals and functionality under the authority of the Director. (3) Consultation.--In carrying out this subtitle, the Director shall consult with the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports online portal. (b) Content and Function.--The Director shall ensure that the reports online portal includes the following: (1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following: (A) A citation to the statute, conference report, or resolution requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) The statute, resolution, or conference report requiring the report. (vi) Subject tags. (vii) A unique alphanumeric identifier for the report that is consistent across report editions. (viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (ix) Key words. (x) Full text search. (xi) Any other relevant information specified by the Director. (D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports. (3) A means for downloading individual reports as the result of a search. (4) An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by section 9304. (5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Noncompliance by Federal Agencies.-- (1) Reports not submitted.--If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable-- (A) include on the reports online portal-- (i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and (ii) the date on which the report was required to be submitted; and (B) include the congressionally mandated report on the list described in subsection (b)(5)(C). (2) Reports not in open format.--If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal. (d) Free Access.--The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal. (e) Upgrade Capability.--The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this subtitle. SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--Concurrently with the submission to Congress of each congressionally mandated report, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 9303(b)(1) with respect to the congressionally mandated report. Nothing in this subtitle shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof. (b) Guidance.--Not later than 240 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this subtitle. (c) Structure of Submitted Report Data.--The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b). (d) Point of Contact.--The head of each Federal agency shall designate a point of contact for congressionally mandated report. (e) List of Reports.--As soon as practicable each calendar year (but not later than April 1), and on a rolling basis during the year if feasible, the Librarian of Congress shall submit to the Director a list of congressionally mandated reports from the previous calendar year, in consultation with the Clerk of the House of Representatives, which shall-- (1) be provided in an open format; (2) include the information required under clauses (i), (ii), (iv), and (v) of section 9303(b)(1)(C) for each report; (3) include the frequency of the report; (4) include a unique alphanumeric identifier for the report that is consistent across report editions; (5) include the date on which each report is required to be submitted; and (6) be updated and provided to the Director, as necessary. SEC. 9305. REMOVING AND ALTERING REPORTS. A report submitted to be published to the reports online portal may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned if-- (1) the head of the Federal agency consults with each congressional committee to which the report is submitted; and (2) Congress enacts a joint resolution authorizing the changing or removal of the report. SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT. (a) In General.--Nothing in this subtitle shall be construed to-- (1) require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code; or (2) to impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records. (b) Redaction of Information.--The head of a Federal agency may redact information required to be disclosed under this subtitle if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, and shall-- (1) redact information required to be disclosed under this subtitle if disclosure of such information is prohibited by law; (2) redact information being withheld under this subsection prior to submitting the information to the Director; (3) redact only such information properly withheld under this subsection from the submission of information or from any congressionally mandated report submitted under this subtitle; (4) identify where any such redaction is made in the submission or report; and (5) identify the exemption under which each such redaction is made. SEC. 9307. IMPLEMENTATION. Except as provided in section 9304(b), this subtitle shall be implemented not later than 1 year after the date of enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date that is 1 year after such date of enactment. Subtitle E--Reports on Outside Compensation Earned by Congressional Employees SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED BY CONGRESSIONAL EMPLOYEES. (a) Reports.--The supervisor of an individual who performs services for any Member, committee, or other office of the Senate or House of Representatives for a period in excess of four weeks and who receives compensation therefor from any source other than the Federal Government shall submit a report identifying the identity of the source, amount, and rate of such compensation to-- (1) the Select Committee on Ethics of the Senate, in the case of an individual who performs services for a Member, committee, or other office of the Senate; or (2) the Committee on Ethics of the House of Representatives, in the case of an individual who performs services for a Member (including a Delegate or Resident Commissioner to the Congress), committee, or other office of the House. (b) Timing.--The supervisor shall submit the report required under subsection (a) with respect to an individual-- (1) when such individual first begins performing services described in such subparagraph; (2) at the close of each calendar quarter during which such individual is performing such services; and (3) when such individual ceases to perform such services. Subtitle F--Severability SEC. 9501. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 10001. Presidential and Vice Presidential tax transparency. SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY. (a) Definitions.--In this section-- (1) The term ``covered candidate'' means a candidate of a major party in a general election for the office of President or Vice President. (2) The term ``major party'' has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (3) The term ``income tax return'' means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of-- (A) such individual, other than information returns issued to persons other than such individual; or (B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary of the Treasury or his delegate). (4) The term ``Secretary'' means the Secretary of the Treasury or the delegate of the Secretary. (b) Disclosure.-- (1) In general.-- (A) Candidates for president and vice president.-- Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (B) President and vice president.--With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the taxable year and for the 9 preceding taxable years. (C) Transition rule for sitting presidents and vice presidents.--Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (2) Failure to disclose.--If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return. (3) Publicly available.--The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section). (4) Treatment as a report under the federal election campaign act of 1971.--For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971. (c) Disclosure of Returns of Presidents and Vice Presidents and Certain Candidates for President and Vice President.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information of presidents and vice presidents and certain candidates for president and vice president.-- ``(A) In general.--Upon written request by the chairman of the Federal Election Commission under section 10001(b)(2) of the For the People Act of 2021, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph. ``(B) Disclosure to the public.-- ``(i) In general.--The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A). ``(ii) Redaction of certain information.-- Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.''. (2) Conforming amendments.--Section 6103(p)(4) of such Code is amended-- (A) in the matter preceding subparagraph (A) by striking ``or (22)'' and inserting ``(22), or (23)''; and (B) in subparagraph (F)(ii) by striking ``or (22)'' and inserting ``(22), or (23)''. (3) Effective date.--The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act. Passed the House of Representatives March 3, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 1 _______________________________________________________________________ AN ACT To expand Americans' access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes.
H.R. 1 (Received in Senate) - For the People Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr1rds/html/BILLS-117hr1rds.htm	DOC 117th CONGRESS 1st Session H. R. 1 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 11, 2021 Received _______________________________________________________________________ AN ACT To expand Americans' access to the ballot box, reduce the influence of big money in politics, strengthen ethics rules for public servants, and implement other anti-corruption measures for the purpose of fortifying our democracy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``For the People Act of 2021''. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) Divisions.--This Act is organized into divisions as follows: (1) Division A--Voting. (2) Division B--Campaign Finance. (3) Division C--Ethics. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Findings of general constitutional authority. Sec. 4. Standards for judicial review. DIVISION A--VOTING TITLE I--ELECTION ACCESS Sec. 1000. Short title; statement of policy. Subtitle A--Voter Registration Modernization Sec. 1000A. Short title. Part 1--Promoting Internet Registration Sec. 1001. Requiring availability of internet for voter registration. Sec. 1002. Use of internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 1006. Report on data collection. Sec. 1007. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1008. Effective date. Part 2--Automatic Voter Registration Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. Part 3--Same Day Voter Registration Sec. 1031. Same day registration. Part 4--Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. Part 5--Other Initiatives To Promote Voter Registration Sec. 1051. Annual reports on voter registration statistics. Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities. Sec. 1055. Permission to place exhibits. Sec. 1056. Requiring States to establish and operate voter privacy programs. Sec. 1057. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Part 6--Availability of HAVA Requirements Payments Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Part 7--Prohibiting Interference With Voter Registration Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 1072. Establishment of best practices. Part 8--Voter Registration Efficiency Act Sec. 1081. Short title. Sec. 1082. Requiring applicants for motor vehicle driver's licenses in new state to indicate whether state serves as residence for voter registration purposes. Part 9--Providing Voter Registration Information to Secondary School Students Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation. Sec. 1092. Reports. Sec. 1093. Authorization of appropriations. Part 10--Voter Registration of Minors Sec. 1094. Acceptance of voter registration applications from individuals under 18 years of age. Subtitle B--Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1103. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1104. GAO analysis and report on voting access for individuals with disabilities. Subtitle C--Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D--Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E--Democracy Restoration Sec. 1401. Short title. Sec. 1402. Findings. Sec. 1403. Rights of citizens. Sec. 1404. Enforcement. Sec. 1405. Notification of restoration of voting rights. Sec. 1406. Definitions. Sec. 1407. Relation to other laws. Sec. 1408. Federal prison funds. Sec. 1409. Effective date. Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Study and report on optimal ballot design. Sec. 1506. Paper ballot printing requirements. Sec. 1507. Effective date for new requirements. Subtitle G--Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Subtitle H--Early Voting Sec. 1611. Early voting. Subtitle I--Voting by Mail Sec. 1621. Voting by mail. Sec. 1622. Absentee ballot tracking program. Sec. 1623. Voting materials postage. Sec. 1624. Study and report on vote-by-mail procedures. Subtitle J--Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 1707. Department of Justice report on voter disenfranchisement. Sec. 1708. Effective date. Subtitle K--Poll Worker Recruitment and Training Sec. 1801. Grants to States for poll worker recruitment and training. Sec. 1802. State defined. Subtitle L--Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M--Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election administration officials. Subtitle N--Promoting Voter Access Through Election Administration Improvements Part 1--Promoting Voter Access Sec. 1901. Treatment of institutions of higher education. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1904. Accommodations for voters residing in Indian lands. Sec. 1905. Voter information response systems and hotline. Sec. 1906. Ensuring equitable and efficient operation of polling places. Sec. 1907. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 1908. Prohibiting States from restricting curbside voting. Sec. 1909. Election Day as legal public holiday. Sec. 1910. GAO study on voter turnout rates. Sec. 1910A. Study on ranked-choice voting. Part 2--Disaster and Emergency Contingency Plans Sec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Part 3--Improvements in Operation of Election Assistance Commission Sec. 1921. Reauthorization of Election Assistance Commission. Sec. 1922. Requiring States to participate in post-general election surveys. Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1924. Recommendations to improve operations of Election Assistance Commission. Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 4--Miscellaneous Provisions Sec. 1931. Application of Federal election administration laws to territories of the United States. Sec. 1932. Definition of election for Federal office. Sec. 1933. Authorizing payments to voting accessibility protection and advocacy systems serving the American Indian Consortium. Sec. 1934. Application of Federal voter protection laws to territories of the United States. Sec. 1935. Placement of statues of citizens of territories of the United States in Statuary Hall. Sec. 1936. No effect on other laws. Sec. 1937. Clarification of Exemption for States Without Voter Registration. Part 5--Voter Notice Sec. 1941. Short title. Sec. 1942. Public education campaigns in event of changes in elections in response to emergencies. Sec. 1943. Requirements for websites of election officials. Sec. 1944. Payments by Election Assistance Commission to States for costs of compliance. Subtitle O--Severability Sec. 1951. Severability. TITLE II--ELECTION INTEGRITY Subtitle A--Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B--Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C--Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D--Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States. Subtitle E--Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. Part 1--Requirements for Congressional Redistricting Sec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission. Sec. 2402. Ban on mid-decade redistricting. Sec. 2403. Criteria for redistricting. Part 2--Independent Redistricting Commissions Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2413. Public notice and input. Sec. 2414. Establishment of related entities. Sec. 2415. Report on diversity of memberships of independent redistricting commissions. Part 3--Role of Courts in Development of Redistricting Plans Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. Part 4--Administrative and Miscellaneous Provisions Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. Part 5--Requirements for Redistricting Carried Out Pursuant to 2020 Census subpart a--application of certain requirements for redistricting carried out pursuant to 2020 census Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. Sec. 2442. Triggering events. subpart b--independent redistricting commissions for redistricting carried out pursuant to 2020 census Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2453. Criteria for redistricting plan; public notice and input. Sec. 2454. Establishment of related entities. Sec. 2455. Report on diversity of memberships of independent redistricting commissions. Subtitle F--Saving Eligible Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G--No Effect on Authority of States To Provide Greater Opportunities for Voting Sec. 2601. No effect on authority of States to provide greater opportunities for voting. Subtitle H--Residence of Incarcerated Individuals Sec. 2701. Residence of incarcerated individuals. Subtitle I--Findings Relating to Youth Voting Sec. 2801. Findings relating to youth voting. Subtitle J--Severability Sec. 2901. Severability. TITLE III--ELECTION SECURITY Sec. 3000. Short title; sense of Congress. Subtitle A--Financial Support for Election Infrastructure Part 1--Voting System Security Improvement Grants Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. Part 2--Grants for Risk-Limiting Audits of Results of Elections Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. Part 3--Election Infrastructure Innovation Grant Program Sec. 3021. Election infrastructure innovation grant program. Subtitle B--Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Sec. 3106. Pre-election threat assessments. Subtitle C--Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institutions. Subtitle D--Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of coordinated political party expenditures. Subtitle E--Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Subtitle F--Election Security Grants Advisory Committee Sec. 3501. Establishment of advisory committee. Subtitle G--Miscellaneous Provisions Sec. 3601. Definitions. Sec. 3602. Initial report on adequacy of resources available for implementation. Subtitle H--Use of Voting Machines Manufactured in the United States Sec. 3701. Use of voting machines manufactured in the United States. Subtitle I--Study and Report on Bots Sec. 3801. Short title. Sec. 3802. Task Force. Sec. 3803. Study and Report. Subtitle J--Severability Sec. 3901. Severability. DIVISION B--CAMPAIGN FINANCE TITLE IV--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--Establishing Duty To Report Foreign Election Interference Sec. 4001. Findings relating to illicit money undermining our democracy. Sec. 4002. Federal campaign reporting of foreign contacts. Sec. 4003. Federal campaign foreign contact reporting compliance system. Sec. 4004. Criminal penalties. Sec. 4005. Report to congressional intelligence committees. Sec. 4006. Rule of construction. Subtitle B--DISCLOSE Act Sec. 4100. Short title. Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities. Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 4103. Audit and report on illicit foreign money in Federal elections. Sec. 4104. Prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda. Sec. 4105. Disbursements and activities subject to foreign money ban. Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. Part 2--Reporting of Campaign-Related Disbursements Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 4113. Effective date. Part 3--Other Administrative Reforms Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Part 4--Disclosure of Contributions to Political Committees Immediately Prior to Election Sec. 4131. Disclosure of contributions to political committees immediately prior to election. Subtitle C--Strengthening Oversight of Online Political Advertising Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 4210. Independent study on media literacy and online political content consumption. Sec. 4211. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle D--Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand by every ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 4305. Effective date. Subtitle E--Deterring Foreign Interference in Elections Part 1--Deterrence Under Federal Election Campaign Act of 1971 Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests. Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. Sec. 4404. Clarification of application of foreign money ban. Part 2--Notifying States of Disinformation Campaigns by Foreign Nationals Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. Part 3--Prohibiting Use of Deepfakes in Election Campaigns Sec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election. Part 4--Assessment of Exemption of Registration Requirements Under FARA for Registered Lobbyists Sec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists. Subtitle F--Secret Money Transparency Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Sec. 4502. Repeal of regulations. Subtitle G--Shareholder Right-to-Know Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity. Sec. 4602. Assessment of shareholder preferences for disbursements for political purposes. Sec. 4603. Governance and operations of corporate PACs. Subtitle H--Disclosure of Political Spending by Government Contractors Sec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle I--Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4801. Short title. Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. Subtitle J--Miscellaneous Provisions Sec. 4901. Effective dates of provisions. Sec. 4902. Severability. TITLE V--CAMPAIGN FINANCE EMPOWERMENT Subtitle A--Findings Relating to Citizens United Decision Sec. 5001. Findings relating to Citizens United decision. Subtitle B--Congressional Elections Sec. 5100. Short title. Part 1--My Voice Voucher Pilot Program Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. Part 2--Small Dollar Financing of Congressional Election Campaigns Sec. 5111. Benefits and eligibility requirements for candidates. ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ``Subtitle A--Benefits ``Sec. 501. Benefits for participating candidates. ``Sec. 502. Procedures for making payments. ``Sec. 503. Use of funds. ``Sec. 504. Qualified small dollar contributions described. ``Subtitle B--Eligibility and Certification ``Sec. 511. Eligibility. ``Sec. 512. Qualifying requirements. ``Sec. 513. Certification. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``Sec. 521. Contribution and expenditure requirements. ``Sec. 522. Administration of campaign. ``Sec. 523. Preventing unnecessary spending of public funds. ``Sec. 524. Remitting unspent funds after election. ``Subtitle D--Enhanced Match Support ``Sec. 531. Enhanced support for general election. ``Sec. 532. Eligibility. ``Sec. 533. Amount. ``Sec. 534. Waiver of authority to retain portion of unspent funds after election. ``Subtitle E--Administrative Provisions ``Sec. 541. Freedom From Influence Fund. ``Sec. 542. Reviews and reports by Government Accountability Office. ``Sec. 543. Administration by Commission. ``Sec. 544. Violations and penalties. ``Sec. 545. Appeals process. ``Sec. 546. Indexing of amounts. ``Sec. 547. Election cycle defined. Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 5114. Assessments against fines and penalties. Sec. 5115. Study and report on small dollar financing program. Sec. 5116. Effective date. Subtitle C--Presidential Elections Sec. 5200. Short title. Part 1--Primary Elections Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. Sec. 5207. Use of Freedom From Influence Fund as source of payments. Part 2--General Elections Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and accounting compliance. Sec. 5218. Use of Freedom From Influence Fund as source of payments. Part 3--Effective Date Sec. 5221. Effective date. Subtitle D--Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings; purpose. Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle E--Empowering Small Dollar Donations Sec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle F--Severability Sec. 5501. Severability. TITLE VI--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Restoring Integrity to America's Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Restrictions on ex parte communications. Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 6009. Requiring forms to permit use of accent marks. Sec. 6010. Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971. Sec. 6011. Effective date; transition. Subtitle B--Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle C--Disposal of Contributions or Donations Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations. Sec. 6202. 1-year transition period for certain individuals. Subtitle D--Recommendations to Ensure Filing of Reports Before Date of Election Sec. 6301. Recommendations to ensure filing of reports before date of election. Subtitle E--Severability Sec. 6401. Severability. DIVISION C--ETHICS TITLE VII--ETHICAL STANDARDS Subtitle A--Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B--Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders. Sec. 7104. Ensuring online access to registration statements. Sec. 7105. Disclaimer requirements for materials posted on online platforms by agents of foreign principals on behalf of clients. Sec. 7106. Clarification of treatment of individuals who engage with the United States in political activities for a foreign principal in any place as agents of foreign principals. Sec. 7107. Analysis and report on challenges to enforcement of Foreign Agents Registration Act of 1938. Subtitle C--Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995. Sec. 7202. Prohibiting receipt of compensation for lobbying activities on behalf of foreign countries violating human rights. Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts. Subtitle D--Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E--Clearinghouse on Lobbying Information Sec. 7401. Establishment of clearinghouse. Subtitle F--Severability Sec. 7501. Severability. TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES Subtitle A--Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing the revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from government contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. Sec. 8006. Guidance on unpaid employees. Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees. Subtitle B--Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. Sec. 8014. Contracts by the President or Vice President. Sec. 8015. Legal defense funds. Subtitle C--White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. Subtitle D--Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency ethics officials training and duties. Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations. Sec. 8037. Reports on cost of Presidential travel. Sec. 8038. Reports on cost of senior Federal official travel. Subtitle E--Conflicts From Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F--Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G--Ethics Pledge For Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H--Travel on Private Aircraft by Senior Political Appointees Sec. 8071. Short title. Sec. 8072. Prohibition on use of funds for travel on private aircraft. Subtitle I--Severability Sec. 8081. Severability. TITLE IX--CONGRESSIONAL ETHICS REFORM Subtitle A--Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B--Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C--Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D--Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E--Reports on Outside Compensation Earned by Congressional Employees Sec. 9401. Reports on outside compensation earned by congressional employees. Subtitle F--Severability Sec. 9501. Severability. TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 10001. Presidential and Vice Presidential tax transparency. SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY. Congress finds that the Constitution of the United States grants explicit and broad authority to protect the right to vote, to regulate elections for Federal office, to prevent and remedy discrimination in voting, and to defend the Nation's democratic process. Congress enacts the ``For the People Act of 2021'' pursuant to this broad authority, including but not limited to the following: (1) Congress finds that it has broad authority to regulate the time, place, and manner of congressional elections under the Elections Clause of the Constitution, article I, section 4, clause 1. The Supreme Court has affirmed that the ``substantive scope'' of the Elections Clause is ``broad''; that ``Times, Places, and Manner'' are ``comprehensive words which embrace authority to provide for a complete code for congressional elections''; and ``he power of Congress over the Times, Places and Manner of congressional elections is paramount, and may be exercised at any time, and to any extent which it deems expedient; and so far as it is exercised, and no farther, the regulations effected supersede those of the State which are inconsistent therewith''. Arizona v. Inter Tribal Council of Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and citations omitted). Indeed, ``Congress has plenary and paramount jurisdiction over the whole subject'' of congressional elections, Ex parte Siebold, 100 U.S. (10 Otto) 371, 388 (1879), and this power ``may be exercised as and when Congress sees fit'', and ``so far as it extends and conflicts with the regulations of the State, necessarily supersedes them''. Id. At 384. Among other things, Congress finds that the Elections Clause was intended to ``vindicate the people's right to equality of representation in the House''. Wesberry v. Sanders, 376 U.S. 1, 16 (1964), and to address partisan gerrymandering, Rucho v. Common Cause, 588 U.S. ____, 32-33 (2019). (2) Congress also finds that it has both the authority and responsibility, as the legislative body for the United States, to fulfill the promise of article IV, section 4, of the Constitution, which states: ``The United States shall guarantee to every State in this Union a Republican Form of Government''. Congress finds that its authority and responsibility to enforce the Guarantee Clause is particularly strong given that Federal courts have not enforced this clause because they understood that its enforcement is committed to Congress by the Constitution. (3)(A) Congress also finds that it has broad authority pursuant to section 5 of the Fourteenth Amendment to legislate to enforce the provisions of the Fourteenth Amendment, including its protections of the right to vote and the democratic process. (B) Section 1 of the Fourteenth Amendment protects the fundamental right to vote, which is ``of the most fundamental significance under our constitutional structure''. Ill. Bd. of Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979); see United States v. Classic, 313 U.S. 299 (1941) (``Obviously included within the right to choose, secured by the Constitution, is the right of qualified voters within a state to cast their ballots and have them counted . . .''). As the Supreme Court has repeatedly affirmed, the right to vote is ``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886). Section 2 of the Fourteenth Amendment also protects the right to vote, granting Congress additional authority to reduce a State's representation in Congress when the right to vote is abridged or denied. (C) As a result, Congress finds that it has the authority pursuant to section 5 of the Fourteenth Amendment to protect the right to vote. Congress also finds that States and localities have eroded access to the right to vote through restrictions on the right to vote including excessively onerous voter identification requirements, burdensome voter registration procedures, voter purges, limited and unequal access to voting by mail, polling place closures, unequal distribution of election resources, and other impediments. (D) Congress also finds that ``the right of suffrage can be denied by a debasement or dilution of the weight of a citizen's vote just as effectively as by wholly prohibiting the free exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533, 555 (1964). Congress finds that the right of suffrage has been so diluted and debased by means of gerrymandering of districts. Congress finds that it has authority pursuant to section 5 of the Fourteenth Amendment to remedy this debasement. (4)(A) Congress also finds that it has authority to legislate to eliminate racial discrimination in voting and the democratic process pursuant to both section 5 of the Fourteenth Amendment, which grants equal protection of the laws, and section 2 of the Fifteenth Amendment, which explicitly bars denial or abridgment of the right to vote on account of race, color, or previous condition of servitude. (B) Congress finds that racial discrimination in access to voting and the political process persists. Voting restrictions, redistricting, and other electoral practices and processes continue to disproportionately impact communities of color in the United States and do so as a result of both intentional racial discrimination, structural racism, and the ongoing structural socioeconomic effects of historical racial discrimination. (C) Recent elections and studies have shown that minority communities wait longer in lines to vote, are more likely to have their mail ballots rejected, continue to face intimidation at the polls, are more likely to be disenfranchised by voter purges, and are disproportionately burdened by voter identification and other voter restrictions. Research shows that communities of color are more likely to face nearly every barrier to voting than their white counterparts. (D) Congress finds that racial disparities in disenfranchisement due to past felony convictions is particularly stark. In 2020, according to the Sentencing Project, an estimated 5,200,000 Americans could not vote due to a felony conviction. One in 16 African Americans of voting age is disenfranchised, a rate 3.7 times greater than that of non- African Americans. In seven States-Alabama, Florida, Kentucky, Mississippi, Tennessee, Virginia, and Wyoming-more than one in seven African Americans is disenfranchised, twice the national average for African Americans. Congress finds that felony disenfranchisement was one of the tools of intentional racial discrimination during the Jim Crow era. Congress further finds that current racial disparities in felony disenfranchisement are linked to this history of voter suppression, structural racism in the criminal justice system, and ongoing effects of historical discrimination. (5)(A) Congress finds that it further has the power to protect the right to vote from denial or abridgment on account of sex, age, or ability to pay a poll tax or other tax pursuant to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments. (B) Congress finds that electoral practices including voting rights restoration conditions for people with convictions, voter identification requirements, and other restrictions to the franchise burden voters on account of their ability to pay. (C) Congress further finds that electoral practices including voting restrictions related to college campuses, age restrictions on mail voting, and similar practices burden the right to vote on account of age. SEC. 4. STANDARDS FOR JUDICIAL REVIEW. (a) In General.--For any action brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. These courts, and the Supreme Court of the United States on a writ of certiorari (if such a writ is issued), shall have exclusive jurisdiction to hear such actions. (2) The party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. (3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or any amendment made by this Act or any rule or regulation promulgated under this Act, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). (c) Intervention by Members of Congress.--In any action described in subsection (a), any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. DIVISION A--VOTING TITLE I--ELECTION ACCESS Sec. 1000. Short title; statement of policy. Subtitle A--Voter Registration Modernization Sec. 1000A. Short title. Part 1--Promoting Internet Registration Sec. 1001. Requiring availability of internet for voter registration. Sec. 1002. Use of internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 1006. Report on data collection. Sec. 1007. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1008. Effective date. Part 2--Automatic Voter Registration Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. Part 3--Same Day Voter Registration Sec. 1031. Same day registration. Part 4--Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. Part 5--Other Initiatives To Promote Voter Registration Sec. 1051. Annual reports on voter registration statistics. Sec. 1052. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. Sec. 1053. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 1054. Grants to States for activities to encourage involvement of minors in election activities. Sec. 1055. Permission to place exhibits. Sec. 1056. Requiring States to establish and operate voter privacy programs. Sec. 1057. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications. Part 6--Availability of HAVA Requirements Payments Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Part 7--Prohibiting Interference With Voter Registration Sec. 1071. Prohibiting hindering, interfering with, or preventing voter registration. Sec. 1072. Establishment of best practices. Part 8--Voter Registration Efficiency Act Sec. 1081. Short title. Sec. 1082. Requiring applicants for motor vehicle driver's licenses in new state to indicate whether state serves as residence for voter registration purposes. Part 9--Providing Voter Registration Information to Secondary School Students Sec. 1091. Pilot program for providing voter registration information to secondary school students prior to graduation. Sec. 1092. Reports. Sec. 1093. Authorization of appropriations. Part 10--Voter Registration of Minors Sec. 1094. Acceptance of voter registration applications from individuals under 18 years of age. Subtitle B--Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 1103. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 1104. GAO analysis and report on voting access for individuals with disabilities. Subtitle C--Prohibiting Voter Caging Sec. 1201. Voter caging and other questionable challenges prohibited. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D--Prohibiting Deceptive Practices and Preventing Voter Intimidation Sec. 1301. Short title. Sec. 1302. Prohibition on deceptive practices in Federal elections. Sec. 1303. Corrective action. Sec. 1304. Reports to Congress. Subtitle E--Democracy Restoration Sec. 1401. Short title. Sec. 1402. Findings. Sec. 1403. Rights of citizens. Sec. 1404. Enforcement. Sec. 1405. Notification of restoration of voting rights. Sec. 1406. Definitions. Sec. 1407. Relation to other laws. Sec. 1408. Federal prison funds. Sec. 1409. Effective date. Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Study and report on optimal ballot design. Sec. 1506. Paper ballot printing requirements. Sec. 1507. Effective date for new requirements. Subtitle G--Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Subtitle H--Early Voting Sec. 1611. Early voting. Subtitle I--Voting by Mail Sec. 1621. Voting by mail. Sec. 1622. Absentee ballot tracking program. Sec. 1623. Voting materials postage. Sec. 1624. Study and report on vote-by-mail procedures. Subtitle J--Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1706. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 1707. Department of Justice report on voter disenfranchisement. Sec. 1708. Effective date. Subtitle K--Poll Worker Recruitment and Training Sec. 1801. Grants to States for poll worker recruitment and training. Sec. 1802. State defined. Subtitle L--Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M--Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election administration officials. Subtitle N--Promoting Voter Access Through Election Administration Improvements Part 1--Promoting Voter Access Sec. 1901. Treatment of institutions of higher education. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1904. Accommodations for voters residing in Indian lands. Sec. 1905. Voter information response systems and hotline. Sec. 1906. Ensuring equitable and efficient operation of polling places. Sec. 1907. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 1908. Prohibiting States from restricting curbside voting. Sec. 1909. Election Day as legal public holiday. Sec. 1910. GAO study on voter turnout rates. Sec. 1910A. Study on ranked-choice voting. Part 2--Disaster and Emergency Contingency Plans Sec. 1911. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Part 3--Improvements in Operation of Election Assistance Commission Sec. 1921. Reauthorization of Election Assistance Commission. Sec. 1922. Requiring States to participate in post-general election surveys. Sec. 1923. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1924. Recommendations to improve operations of Election Assistance Commission. Sec. 1925. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 4--Miscellaneous Provisions Sec. 1931. Application of Federal election administration laws to territories of the United States. Sec. 1932. Definition of election for Federal office. Sec. 1933. Authorizing payments to voting accessibility protection and advocacy systems serving the American Indian Consortium. Sec. 1934. Application of Federal voter protection laws to territories of the United States. Sec. 1935. Placement of statues of citizens of territories of the United States in Statuary Hall. Sec. 1936. No effect on other laws. Sec. 1937. Clarification of Exemption for States Without Voter Registration. Part 5--Voter Notice Sec. 1941. Short title. Sec. 1942. Public education campaigns in event of changes in elections in response to emergencies. Sec. 1943. Requirements for websites of election officials. Sec. 1944. Payments by Election Assistance Commission to States for costs of compliance. Subtitle O--Severability Sec. 1951. Severability. SEC. 1000. SHORT TITLE; STATEMENT OF POLICY. (a) Short Title.--This title may be cited as the ``Voter Empowerment Act of 2021''. (b) Statement of Policy.--It is the policy of the United States that-- (1) the ability of all eligible citizens of the United States to access and exercise their constitutional right to vote in a free, fair, and timely manner must be vigilantly enhanced, protected, and maintained; and (2) the integrity, security, and accountability of the voting process must be vigilantly protected, maintained, and enhanced in order to protect and preserve electoral and participatory democracy in the United States. Subtitle A--Voter Registration Modernization SEC. 1000A. SHORT TITLE. This subtitle may be cited as the ``Voter Registration Modernization Act of 2021''. PART 1--PROMOTING INTERNET REGISTRATION SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION. (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: ``SEC. 6A. INTERNET REGISTRATION. ``(a) Requiring Availability of Internet for Online Registration.-- Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): ``(1) Online application for voter registration. ``(2) Online assistance to applicants in applying to register to vote. ``(3) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c)). ``(4) Online receipt of completed voter registration applications. ``(b) Acceptance of Completed Applications.--A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if-- ``(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and ``(2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). ``(c) Signature Requirements.-- ``(1) In general.--For purposes of this section, an individual meets the requirements of this subsection as follows: ``(A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. ``(B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means. ``(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. ``(2) Treatment of individuals unable to meet requirement.--If an individual is unable to meet the requirements of paragraph (1), the State shall-- ``(A) permit the individual to complete all other elements of the online voter registration application; ``(B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and ``(C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State. ``(3) Notice.--The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). ``(d) Confirmation and Disposition.-- ``(1) Confirmation of receipt.--Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the application and providing instructions on how the individual may check the status of the application. ``(2) Notice of disposition.--Not later than 7 days after the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. ``(3) Method of notification.--The appropriate State or local election official shall send the notices required under this subsection by regular mail and-- ``(A) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and ``(B) at the option of the individual, by text message. ``(e) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)-- ``(1) the online application does not seek to influence an applicant's political preference or party registration; and ``(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. ``(f) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). ``(g) Accessibility of Services.--A state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals. ``(h) Use of Additional Telephone-Based System.--A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section. ``(i) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.''. (b) Special Requirements for Individuals Using Online Registration.-- (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements.-- Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and inserting ``by mail or online under section 6A of the National Voter Registration Act of 1993''. (2) Requiring signature for first-time voters in jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b)) is amended-- (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: ``(5) Signature requirements for first-time voters using online registration.-- ``(A) In general.--A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if-- ``(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and ``(ii) the individual has not previously voted in an election for Federal office in the State. ``(B) Requirements.--An individual meets the requirements of this subparagraph if-- ``(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or ``(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. ``(C) Inapplicability.--Subparagraph (A) does not apply in the case of an individual who is-- ``(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302 et seq.); ``(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or ``(iii) entitled to vote otherwise than in person under any other Federal law.''. (3) Conforming amendment relating to effective date.-- Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking ``Each State'' and inserting ``Except as provided in subsection (b)(5), each State''. (c) Conforming Amendments.-- (1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended-- (A) by striking ``and'' at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: ``(D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 28 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and''. (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking ``and 7'' and inserting ``6A, and 7''. SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION. (a) In General.-- (1) Updates to information contained on computerized statewide voter registration list.--Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph: ``(6) Use of internet by registered voters to update information.-- ``(A) In general.--The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. ``(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall-- ``(i) revise any information on the computerized list to reflect the update made by the voter; and ``(ii) if the updated registration information affects the voter's eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. ``(C) Confirmation and disposition.-- ``(i) Confirmation of receipt.--Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the updated information and providing instructions on how the individual may check the status of the update. ``(ii) Notice of disposition.--Not later than 7 days after the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. ``(iii) Method of notification.--The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and-- ``(I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and ``(II) at the option of the individual, by text message.''. (2) Conforming amendment relating to effective date.-- Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking ``subparagraph (B)'' and inserting ``subparagraph (B) and subsection (a)(6)''. (b) Ability of Registrant To Use Online Update To Provide Information on Residence.--Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended-- (1) in the first sentence, by inserting after ``return the card'' the following: ``or update the registrant's information on the computerized statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002''; and (2) in the second sentence, by striking ``returned,'' and inserting the following: ``returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,''. SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE. (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information.-- (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)) is amended-- (A) by striking ``and'' at the end of paragraph (3); (B) by striking the period at the end of paragraph (4) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) shall include a space for the applicant to provide (at the applicant's option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.''. (2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (52 U.S.C. 20508) is amended by adding at the end the following new subsection: ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes.--The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.''. (b) Requiring Provision of Information by Election Officials.-- Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph: ``(3) Provision of other information by electronic mail.-- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means: ``(A) The name and address of the polling place at which the individual is assigned to vote in the election. ``(B) The hours of operation for the polling place. ``(C) A description of any identification or other information the individual may be required to present at the polling place.''. SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE. Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a `valid voter registration form' if-- ``(1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and ``(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.''. SEC. 1005. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER. (a) Form Included With Application for Motor Vehicle Driver's License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number;''. (b) National Mail Voter Registration Form.--Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number;''. SEC. 1006. REPORT ON DATA COLLECTION. Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems. SEC. 1007. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS APPLICATION FOR ABSENTEE BALLOT. Section 5(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State.''. SEC. 1008. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1004) shall take effect January 1, 2022. (b) Waiver.--Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2022'' were a reference to ``January 1, 2024''. PART 2--AUTOMATIC VOTER REGISTRATION SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE. (a) Short Title.--This part may be cited as the ``Automatic Voter Registration Act of 2021''. (b) Findings and Purpose.-- (1) Findings.--Congress finds that-- (A) the right to vote is a fundamental right of citizens of the United States; (B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote; (C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and (D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security. (2) Purpose.--It is the purpose of this part-- (A) to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote in elections for Federal office; (B) to enable the State and Federal Governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures; (C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and (D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens. SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS. (a) Requiring States To Establish and Operate Automatic Registration System.-- (1) In general.--The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this part. (2) Definition.--The term ``automatic registration'' means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections. (b) Registration of Voters Based on New Agency Records.--The chief State election official shall-- (1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 1013, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and (2) not later than 120 days after a contributing agency has transmitted such information with respect to the individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual's voter registration status. (c) One-Time Registration of Voters Based on Existing Contributing Agency Records.--The chief State election official shall-- (1) identify all individuals whose information is transmitted by a contributing agency pursuant to section 1014 and who are eligible to be, but are not currently, registered to vote in that State; (2) promptly send each such individual written notice, in addition to other means of notice established by this part, which shall not identify the contributing agency that transmitted the information but shall include-- (A) an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote; (B) a statement offering the opportunity to decline voter registration through means consistent with the requirements of this part; (C) in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this part; (D) the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications; (E) instructions for correcting any erroneous information; (F) instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993; and (G) an explanation of what information the State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and what privacy programs are available, such as those described in section 1056; (3) ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the internet, or by an officially logged telephone communication; and (4) send written notice to each such individual, in addition to other means of notice established by this part, of the individual's voter registration status. (d) Treatment of Individuals Under 18 Years of Age.--A State may not refuse to treat an individual as an eligible individual for purposes of this part on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election. (e) Contributing Agency Defined.--In this part, the term ``contributing agency'' means, with respect to a State, an agency listed in section 1013(e). SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION. (a) In General.--In accordance with this part, each contributing agency in a State shall assist the State's chief election official in registering to vote all eligible individuals served by that agency. (b) Requirements for Contributing Agencies.-- (1) Instructions on automatic registration.--With each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen of the United States of the following: (A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual's registration will be updated. (B) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications. (C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election. (D) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes. (2) Opportunity to decline registration required.--Except as otherwise provided in this section, each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address cannot be completed until the individual is given the opportunity to decline to be registered to vote. (3) Information transmittal.--Upon the expiration of the 30-day period which begins on the date a contributing agency as described in paragraph (1) informs an individual of the information described in such paragraph, unless the individual has declined to be registered to vote or informs the agency that they are already registered to vote, each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following information: (A) The individual's given name(s) and surname(s). (B) The individual's date of birth. (C) The individual's residential address. (D) Information showing that the individual is a citizen of the United States. (E) The date on which information pertaining to that individual was collected or last updated. (F) If available, the individual's signature in electronic form. (G) Except in the case in which the contributing agency is a covered institution of higher education, in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party's candidate in an election for Federal office, information regarding the individual's affiliation or enrollment with a political party, but only if the individual provides such information. (H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information. (c) Alternate Procedure for Certain Contributing Agencies.--With each application for service or assistance, and with each related recertification, renewal, or change of address, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall-- (1) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6)); (2) ensure that each applicant's transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and (3) for each individual who wishes to register to vote, transmit that individual's information in accordance with subsection (b)(3). (d) Required Availability of Automatic Registration Opportunity With Each Application for Service or Assistance.--Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity. (e) Contributing Agencies.-- (1) State agencies.--In each State, each of the following agencies shall be treated as a contributing agency: (A) Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993. (B) Each agency in a State that administers a program pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111- 148). (C) Each State agency primarily responsible for regulating the private possession of firearms. (D) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). (E) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (F) Any other agency of the State which is designated by the State as a contributing agency. (2) Federal agencies.--In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)): (A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services. (B) The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process. (C) In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof. (D) Any other agency of the Federal Government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section. (3) Publication.--Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State. (4) Public education.--The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section. (f) Institutions of Higher Education.-- (1) In general.--Each covered institution of higher education shall be treated as a contributing agency in the State in which the institution is located with respect to in- State students. (2) Procedures.-- (A) In general.--Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the 'Family Educational Rights and Privacy Act of 1974'') or any other provision of law, each covered institution of higher education shall comply with the requirements of subsection (b) with respect to each in-State student. (B) Rules for compliance.--In complying with the requirements described in subparagraph (A), the institution-- (i) may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) to collect information described in paragraph (3) of such subsection for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; and (ii) shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; and (iii) shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965. (C) Clarification.--Nothing in this part may be construed to require an institution of higher education to request each student to affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship. (3) Definitions.-- (A) Covered institution of higher education.--In this section, the term ``covered institution of higher education'' means an institution of higher education that-- (i) has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094); (ii) in its normal course of operations, requests each in-State student enrolling in the institution to affirm whether or not the student is a United States citizen; and (iii) is located in a State to which section 4(b)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)(1)) does not apply. (B) In-state student.--In this section, the term ``in-State student''-- (i) means a student enrolled in a covered institution of higher education who, for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; and (ii) includes a student described in clause (i) who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF ELIGIBLE VOTERS IN EXISTING RECORDS. (a) Initial Transmittal of Information.--For each individual already listed in a contributing agency's records as of the date of enactment of this Act, and for whom the agency has the information listed in section 1013(b)(3), the agency shall promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than the effective date described in section 1021(a). (b) Transition.--For each individual listed in a contributing agency's records as of the effective date described in section 1021(a) (but who was not listed in a contributing agency's records as of the date of enactment of this Act), and for whom the agency has the information listed in section 1013(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than 6 months after the effective date described in section 1021(a). SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION. (a) Protections for Errors in Registration.--An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds: (1) The individual notified an election office of the individual's automatic registration to vote under this part. (2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this part. (3) The individual was automatically registered to vote under this part at an incorrect address. (4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this part. (b) Limits on Use of Automatic Registration.--The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this part may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual's lack of knowledge or willfulness of such registration may be demonstrated by the individual's testimony alone. (c) Protection of Election Integrity.--Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who-- (1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or (2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States. (d) Contributing Agencies' Protection of Information.--Nothing in this part authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following: (1) An individual's decision to decline to register to vote or not to register to vote. (2) An individual's decision not to affirm his or her citizenship. (3) Any information that a contributing agency transmits pursuant to section 1013(b)(3), except in pursuing the agency's ordinary course of business. (e) Election Officials' Protection of Information.-- (1) Public disclosure prohibited.-- (A) In general.--Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)). (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (vi) The individual's signature. (vii) The individual's telephone number. (viii) The individual's email address. (B) Special rule for individuals registered to vote.--With respect to any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this part, the State election officials shall not publicly disclose any of the following: (i) The identity of the contributing agency. (ii) Any information not necessary to voter registration. (iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)). (iv) Any portion of the individual's social security number. (v) Any portion of the individual's motor vehicle driver's license number. (vi) The individual's signature. (2) Voter record changes.--Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates. (3) Database management standards.--The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment-- (A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated; (B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and (C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director's website and make those standards available in written form upon request. (4) Security policy.--The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify-- (A) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and (B) security safeguards to protect personal information transmitted through the information transmittal processes of section 1013 or section 1014, the online system used pursuant to section 1017, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system. (5) State compliance with national standards.-- (A) Certification.--The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (3) and (4). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: ``_____ hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 1015(e) of the Automatic Voter Registration Act of 2021.'' (with the blank to be filled in with the name of the State involved). (B) Publication of policies and procedures.--The chief State election official of a State shall publish on the official's website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request. (C) Funding dependent on certification.--If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year. (D) Compliance of states that require changes to state law.--In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted. (f) Restrictions on Use of Information.--No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, or enforcement relating to election crimes, any of the following: (1) Voter registration records. (2) An individual's declination to register to vote or complete an affirmation of citizenship under section 1013(b). (3) An individual's voter registration status. (g) Prohibition on the Use of Voter Registration Information for Commercial Purposes.--Information collected under this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971. SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION. (a) Correcting Registration Information at Polling Place.-- Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if an individual is registered to vote in elections for Federal office held in a State, the appropriate election official at the polling place for any such election (including a location used as a polling place on a date other than the date of the election) shall permit the individual to-- (1) update the individual's address for purposes of the records of the election official; (2) correct any incorrect information relating to the individual, including the individual's name and political party affiliation, in the records of the election official; and (3) cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not as a provisional ballot under section 302(a) of such Act. (b) Updates to Computerized Statewide Voter Registration Lists.--If an election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the address or information is promptly entered into the computerized statewide voter registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)). SEC. 1017. PAYMENTS AND GRANTS. (a) In General.--The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program). (b) Eligibility; Application.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the activities the State will carry out with the grant; (2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and (3) such other information and assurances as the Commission may require. (c) Amount of Grant; Priorities.--The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including-- (1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials; (2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act; (3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and (4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration. (d) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to carry out this section-- (A) $500,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each succeeding fiscal year. (2) Continuing availability of funds.--Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended. SEC. 1018. TREATMENT OF EXEMPT STATES. (a) Waiver of Requirements.--Except as provided in subsection (b), this part does not apply with respect to an exempt State. (b) Exceptions.--The following provisions of this part apply with respect to an exempt State: (1) section 1016 (relating to registration portability and correction). (2) section 1017 (relating to payments and grants). (3) Section 1019(e) (relating to enforcement). (4) Section 1019(f) (relating to relation to other laws). SEC. 1019. MISCELLANEOUS PROVISIONS. (a) Accessibility of Registration Services.--Each contributing agency shall ensure that the services it provides under this part are made available to individuals with disabilities to the same extent as services are made available to all other individuals. (b) Transmission Through Secure Third Party Permitted.--Nothing in this part shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this part, so long as the data transmittal complies with the applicable requirements of this part, including the privacy and security provisions of section 1015. (c) Nonpartisan, Nondiscriminatory Provision of Services.--The services made available by contributing agencies under this part and by the State under sections 1015 and 1016 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)). (d) Notices.--Each State may send notices under this part via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election- related materials. All notices sent pursuant to this part that require a response must offer the individual notified the opportunity to respond at no cost to the individual. (e) Enforcement.--Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act. (f) Relation to Other Laws.--Except as provided, nothing in this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.). SEC. 1020. DEFINITIONS. In this part, the following definitions apply: (1) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (2) The term ``Commission'' means the Election Assistance Commission. (3) The term ``exempt State'' means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State (or, in the case of a State in which an individual is automatically registered to vote at the time the individual applies for benefits or services with a Permanent Dividend Fund of the State, provides the appropriate official of such Fund) with such identifying information as the State may require. (4) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 1021. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this part and the amendments made by this part shall apply with respect to a State beginning January 1, 2023. (b) Waiver.--Subject to the approval of the Commission, if a State certifies to the Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to ``January 1, 2023'' were a reference to ``January 1, 2025''. PART 3--SAME DAY VOTER REGISTRATION SEC. 1031. SAME DAY REGISTRATION. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. SAME DAY REGISTRATION. ``(a) In General.-- ``(1) Registration.--Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. ``(c) Ensuring Availability of Forms.--The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual's voter registration information under this section. ``(d) Effective Date.--Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, and 303'' and inserting ``subtitle A of title III''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Same day registration.''. PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS. (a) Minimum Information Required for Removal Under Cross-Check.-- Section 8(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(c))(2)) is amended-- (1) by redesignating subparagraph (B) as subparagraph (D); and (2) by inserting after subparagraph (A) the following new subparagraphs: ``(B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove the name of the voter from such a list, the State may not remove the name of the voter from such a list unless-- ``(i) the State obtained the voter's full name (including the voter's middle name, if any) and date of birth, and the last 4 digits of the voter's social security number, in the interstate cross-check; or ``(ii) the State obtained documentation from the ERIC system that the voter is no longer a resident of the State. ``(C) In this paragraph-- ``(i) the term `interstate cross-check' means the transmission of information from an election official in one State to an election official of another State; and ``(ii) the term `ERIC system' means the system operated by the Electronic Registration Information Center to share voter registration information and voter identification information among participating States.''. (b) Requiring Completion of Cross-Checks Not Later Than 6 Months Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days'' and inserting the following: ``not later than 90 days (or, in the case of a program in which the State uses interstate cross-checks, not later than 6 months)''. (c) Conforming Amendment.--Subparagraph (D) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1), is amended by striking ``Subparagraph (A)'' and inserting ``This paragraph''. (d) Effective Date.--The amendments made by this Act shall apply with respect to elections held on or after the expiration of the 6- month period which begins on the date of the enactment of this Act. PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS. (a) Annual Report.--Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following categories of information for the year: (1) The number of individuals who were registered under part 2. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual's identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (7) The number of individuals who were purged from the official voter registration list or moved to inactive status, broken down by the reason for those actions, including the method used for identifying those voters. (b) Breakdown of Information.--In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race, ethnicity, age, and gender of the individuals whose information is included in the category, to the extent that information on the race, ethnicity, age, and gender of such individuals is available to the State. (c) Confidentiality of Information.--In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (d) State Defined.--In this section, a ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT WITH TIMING OF LEGAL PUBLIC HOLIDAYS. (a) In General.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days'' each place it appears and inserting ``28 days''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year. SEC. 1053. USE OF POSTAL SERVICE HARD COPY CHANGE OF ADDRESS FORM TO REMIND INDIVIDUALS TO UPDATE VOTER REGISTRATION. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Postmaster General shall modify any hard copy change of address form used by the United States Postal Service so that such form contains a reminder that any individual using such form should update the individual's voter registration as a result of any change in address. (b) Application.--The requirement in subsection (a) shall not apply to any electronic version of a change of address form used by the United States Postal Service. SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF MINORS IN ELECTION ACTIVITIES. (a) Grants.-- (1) In general.--The Election Assistance Commission (hereafter in this section referred to as the ``Commission'') shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State. (2) Contents of plans.--A State's plan under this subsection shall include-- (A) methods to promote the use of the pre- registration process implemented under section 8A of the National Voter Registration Act of 1993 (as added by section 2(a)); (B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and (C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate. (b) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the State's plan under subsection (a); (2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and (3) such other information and assurances as the Commission may require. (c) Period of Grant; Report.-- (1) Period of grant.--A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission. (2) Report.--Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2). (d) State Defined.--In this section, the term ``State'' means each of the several States and the District of Columbia. (e) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended. SEC. 1055. PERMISSION TO PLACE EXHIBITS. The Secretary of Homeland Security shall implement procedures to allow the chief election officer of a State to provide information about voter registration, including through a display or exhibit, after the conclusion of an administrative naturalization ceremony in that State. SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY PROGRAMS. (a) In General.--Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that the State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential. (b) Notice.--Each State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available. (c) Public Availability.--Each State shall make information about the program established under subsection (a) available on a publicly accessible website. (d) Definitions.--In this section: (1) The terms ``domestic violence'', ``stalking'', ``sexual assault'', and ``dating violence'' have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291). (2) The term ``trafficking'' means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING AND MORTGAGE APPLICATIONS. (a) Development of Uniform Statement.--The Director of the Bureau of Consumer Financial Protection, in coordination with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of such statement pursuant to this section of how they can register to vote and their voting rights under law. (b) Leases and Vouchers for Federally Assisted Rental Housing.--The Secretary of Housing and Urban Development shall require-- (1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (a) to each lessee of a dwelling unit in public housing administered by such agency-- (A) together with the lease for such a dwelling unit, at the same time such lease is provided to the lessee; and (B) together with any income verification form, at the same time such form is provided to the lessee; (2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (a) to each assisted family or individual-- (A) together with the voucher for such assistance, at the time such voucher is issued for such family or individual; and (B) together with any income verification form, at the same time such form is provided to the applicant or assisted family or individual; and (3) each owner of a dwelling unit assisted with Federal project-based rental assistance to provide a copy of the uniform statement developed pursuant to subsection (a) to provide to the lessee of such dwelling unit-- (A) together with the lease for such dwelling unit, at the same time such form is provided to the lessee; and (B) together with any income verification form, at the same time such form is provided to the applicant or tenant; except that the Secretary of Agriculture shall administer the requirement under this paragraph with respect to Federal project-based rental assistance specified in subsection (e)(1)(D). (c) Applications for Residential Mortgage Loans.--The Director of the Bureau of Consumer Financial Protection shall require each creditor that receives an application (within the meaning of such term as used in the Equal Credit Opportunity Act (15 U.S.C. 1691)) for a residential mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (a) in written form to the applicant for such residential mortgage loan, within 5 business days of the date of application. (d) Optional Completion of Application.--Nothing in this section may be construed to require any individual to complete an application for voter registration. (e) Definitions.--As used in this section: (1) Federal project-based rental assistance.--The term ``Federal project-based rental assistance'' means project-based rental assistance provided under-- (A) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); (B) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); (C) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); (D) title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), including voucher assistance under section 542 of such title (42 U.S.C. 1490r); (E) subtitle D of title VIII of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.); (F) title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.); (G) the Housing Trust Fund program under section 1338 of the federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or (H) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.). (2) Owner.--The term ``owner'' has the meaning given such term in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)). (3) Public housing; public housing agency.--The terms ``public housing'' and ``public housing agency'' have the meanings given such terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)). (4) Residential mortgage loan.--The term ``residential mortgage loan'' includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families. (f) Regulations.--The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Consumer Financial Protection Bureau may issue such regulations as may be necessary to carry out this section. PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW REQUIREMENTS. (a) In General.--Section 251(b) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)) is amended-- (1) in paragraph (1), by striking ``as provided in paragraphs (2) and (3)'' and inserting ``as otherwise provided in this subsection''; and (2) by adding at the end the following new paragraph: ``(4) Certain voter registration activities.--A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021.''. (b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting ``section 251(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION. (a) In General.--Chapter 29 of title 18, United States Code is amended by adding at the end the following new section: ``Sec. 612. Hindering, interfering with, or preventing registering to vote ``(a) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote. ``(b) Attempt.--Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(c) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item: ``612. Hindering, interfering with, or preventing registering to vote.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act. SEC. 1072. ESTABLISHMENT OF BEST PRACTICES. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 1071), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.''. PART 8--VOTER REGISTRATION EFFICIENCY ACT SEC. 1081. SHORT TITLE. This part may be cited as the ``Voter Registration Efficiency Act''. SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN NEW STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE FOR VOTER REGISTRATION PURPOSES. (a) Requirements for Applicants for Licenses.--Section 5(d) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is amended-- (1) by striking ``Any change'' and inserting ``(1) Any change''; and (2) by adding at the end the following new paragraph: ``(2)(A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver's license in the State-- ``(i) to indicate whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and ``(ii) to indicate whether the individual intends for the State to serve as the individual's residence for purposes of registering to vote in elections for Federal office. ``(B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual's residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual's residence for purposes of registering to vote in elections for Federal office.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect with respect to elections occurring in 2021 or any succeeding year. PART 9--PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL STUDENTS SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL STUDENTS PRIOR TO GRADUATION. (a) Pilot Program.--The Election Assistance Commission (hereafter in this part referred to as the ``Commission'') shall carry out a pilot program under which the Commission shall provide funds during the 1- year period beginning after the date of the enactment of this part to eligible local educational agencies for initiatives to provide information on registering to vote in elections for public office to secondary school students in the 12th grade. (b) Eligibility.--A local educational agency is eligible to receive funds under the pilot program under this part if the agency submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the initiatives the agency intends to carry out with the funds; (2) a description of how the agency will prioritize access to such initiatives for schools that serve-- (A) the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (B) the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency; (3) an estimate of the costs associated with such initiatives; and (4) such other information and assurances as the Commission may require. (c) Priority for Schools Receiving Title I Funds.--In selecting among eligible local educational agencies for receiving funds under the pilot program under this part, the Commission shall give priority to local educational agencies that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (d) Consultation With Election Officials.--A local educational agency receiving funds under the pilot program shall consult with the State and local election officials who are responsible for administering elections for public office in the area served by the agency in developing the initiatives the agency will carry out with the funds. (e) Definitions.--In this part, the terms ``local educational agency'' and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 1092. REPORTS. (a) Reports by Recipients of Funds.--Not later than the expiration of the 90-day period which begins on the date of the receipt of the funds, each local educational agency receiving funds under the pilot program under this part shall submit a report to the Commission describing the initiatives carried out with the funds and analyzing their effectiveness. (b) Report by Commission.--Not later than the expiration of the 60- day period which begins on the date the Commission receives the final report submitted by a local educational agency under subsection (a), the Commission shall submit a report to Congress on the pilot program under this part. SEC. 1093. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this part. PART 10--VOTER REGISTRATION OF MINORS SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM INDIVIDUALS UNDER 18 YEARS OF AGE. (a) Acceptance of Applications.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1004, is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Acceptance of Applications From Individuals Under 18 Years of Age.-- ``(1) In general.--A State may not refuse to accept or process an individual's application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. ``(2) No effect on state voting age requirements.--Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022. Subtitle B--Access to Voting for Individuals With Disabilities SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), is amended-- (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: ``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. ``(a) Treatment of Applications and Ballots.--Each State shall-- ``(1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; ``(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; ``(3) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures-- ``(A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); ``(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and ``(C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; ``(4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); ``(5) transmit a validly requested absentee ballot to an individual with a disability-- ``(A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and ``(B) in the case in which the request is received less than 45 days before an election for Federal office-- ``(i) in accordance with State law; and ``(ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and ``(6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. ``(b) Designation of Single State Office To Provide Information on Registration and Absentee Ballot Procedures for All Disabled Voters in State.--Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. ``(c) Designation of Means of Electronic Communication for Individuals With Disabilities To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information.-- ``(1) In general.--Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication-- ``(A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); ``(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and ``(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. ``(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. ``(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials.--Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. ``(4) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(d) Transmission of Blank Absentee Ballots by Mail and Electronically.-- ``(1) In general.--Each State shall establish procedures-- ``(A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and ``(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. ``(2) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(3) Application of methods to track delivery to and return of ballot by individual requesting ballot.--Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. ``(e) Hardship Exemption.-- ``(1) In general.--If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include-- ``(A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office; ``(B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; ``(C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and ``(D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes-- ``(i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; ``(ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and ``(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. ``(2) Approval of waiver request.--The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met: ``(A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. ``(B) One or more of the following issues creates an undue hardship for the State: ``(i) The State's primary election date prohibits the State from complying with subsection (a)(5)(A). ``(ii) The State has suffered a delay in generating ballots due to a legal contest. ``(iii) The State Constitution prohibits the State from complying with such subsection. ``(3) Timing of waiver.-- ``(A) In general.--Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election. ``(B) Exception.--If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. ``(4) Application of waiver.--A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. ``(f) Rule of Construction.--Nothing in this section may be construed to allow the marking or casting of ballots over the internet. ``(g) Individual With a Disability Defined.--In this section, an `individual with a disability' means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. ``(h) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2022.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.-- (1) Timing of issuance.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (A) by striking ``and'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 305, January 1, 2022.''. (2) Redesignation.--Title III of such Act (52 U.S.C. 21081 et seq.) is amended by redesignating sections 311 and 312 as sections 321 and 322. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c)), is amended-- (1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; (2) by inserting after the item relating to section 304 the following new item: ``Sec. 305. Access to voter registration and voting for individuals with disabilities.''; and (3) by redesignating the items relating to sections 311 and 312 as relating to sections 321 and 322. SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Purposes of Payments.--Section 261(b) of the Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; ``(2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and ``(3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.''. (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: ``(4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part.''. (c) Period of Availability of Funds.--Section 264 of such Act (52 U.S.C. 21024) is amended-- (1) in subsection (b), by striking ``Any amounts'' and inserting ``Except as provided in subsection (b), any amounts''; and (2) by adding at the end the following new subsection: ``(c) Return and Transfer of Certain Funds.-- ``(1) Deadline for obligation and expenditure.--In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. ``(2) Reallocation of transferred amounts.-- ``(A) In general.--The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. ``(B) Covered payment recipients described.--In subparagraph (A), a `covered payment recipient' is a State or unit of local government with respect to which-- ``(i) amounts were appropriated pursuant to the authority of subsection (a); and ``(ii) no amounts were transferred to the Commission under paragraph (1).''. SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT RESIDENCES. (a) Establishment of Pilot Programs.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations to carry out this section, make grants to eligible States to conduct pilot programs under which individuals with disabilities may use electronic means (including the internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots in a manner which permits such individuals to do so privately and independently at their own residences. (b) Reports.-- (1) In general.--A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year. (2) Deadline.--A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year. (c) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require. (d) Timing.--The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2022, or, at the option of a State, with respect to other elections for public office held in the State in 2022. (e) State Defined.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Analysis.--The Comptroller General of the United States shall conduct an analysis after each regularly scheduled general election for Federal office with respect to the following: (1) In relation to polling places located in houses of worship or other facilities that may be exempt from accessibility requirements under the Americans with Disabilities Act-- (A) efforts to overcome accessibility challenges posed by such facilities; and (B) the extent to which such facilities are used as polling places in elections for Federal office. (2) Assistance provided by the Election Assistance Commission, Department of Justice, or other Federal agencies to help State and local officials improve voting access for individuals with disabilities during elections for Federal office. (3) When accessible voting machines are available at a polling place, the extent to which such machines-- (A) are located in places that are difficult to access; (B) malfunction; or (C) fail to provide sufficient privacy to ensure that the ballot of the individual cannot be seen by another individual. (4) The process by which Federal, State, and local governments track compliance with accessibility requirements related to voting access, including methods to receive and address complaints. (5) The extent to which poll workers receive training on how to assist individuals with disabilities, including the receipt by such poll workers of information on legal requirements related to voting rights for individuals with disabilities. (6) The extent and effectiveness of training provided to poll workers on the operation of accessible voting machines. (7) The extent to which individuals with a developmental or psychiatric disability experience greater barriers to voting, and whether poll worker training adequately addresses the needs of such individuals. (8) The extent to which State or local governments employ, or attempt to employ, individuals with disabilities to work at polling sites. (b) Report.-- (1) In general.--Not later than 9 months after the date of a regularly scheduled general election for Federal office, the Comptroller General shall submit to the appropriate congressional committees a report with respect to the most recent regularly scheduled general election for Federal office that contains the following: (A) The analysis required by subsection (a). (B) Recommendations, as appropriate, to promote the use of best practices used by State and local officials to address barriers to accessibility and privacy concerns for individuals with disabilities in elections for Federal office. (2) Appropriate congressional committees.--For purposes of this subsection, the term ``appropriate congressional committees'' means-- (A) the Committee on House Administration of the House of Representatives; (B) the Committee on Rules and Administration of the Senate; (C) the Committee on Appropriations of the House of Representatives; and (D) the Committee on Appropriations of the Senate. Subtitle C--Prohibiting Voter Caging SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED. (a) In General.--Chapter 29 of title 18, United States Code, as amended by section 1071(a), is amended by adding at the end the following: ``Sec. 613. Voter caging and other questionable challenges ``(a) Definitions.--In this section-- ``(1) the term `voter caging document' means-- ``(A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; or ``(B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery; ``(2) the term `voter caging list' means a list of individuals compiled from voter caging documents; and ``(3) the term `unverified match list' means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, or otherwise; unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual. ``(b) Prohibition Against Voter Caging.--No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of-- ``(1) a voter caging document or voter caging list; ``(2) an unverified match list; ``(3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual's eligibility to vote under section 2004 of the Revised Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); or ``(4) any other evidence so designated for purposes of this section by the Election Assistance Commission, except that the election official may use such evidence if it is corroborated by independent evidence of the individual's ineligibility to register or vote. ``(c) Requirements for Challenges by Persons Other Than Election Officials.-- ``(1) Requirements for challenges.--No person, other than a State or local election official, shall submit a formal challenge to an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is-- ``(A) documented in writing; and ``(B) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election, except a challenge which is based on the age, race, ethnicity, or national origin of the individual who is the subject of the challenge may not be considered to have a good faith factual basis for purposes of this paragraph. ``(2) Prohibition on challenges on or near date of election.--No person, other than a State or local election official, shall be permitted-- ``(A) to challenge an individual's eligibility to vote in an election for Federal office on Election Day, or ``(B) to challenge an individual's eligibility to register to vote in an election for Federal office or to vote in an election for Federal office less than 10 days before the election unless the individual registered to vote less than 20 days before the election. ``(d) Penalties for Knowing Misconduct.--Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense. ``(e) No Effect on Related Laws.--Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b), is amended by adding at the end the following: ``613. Voter caging and other questionable challenges.''. SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING VOTER CAGING. (a) Best Practices.--Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 613 of title 18, United States Code, as added by section 1201(a), including practices to provide for the posting of relevant information at polling places and voter registration agencies, the training of poll workers and election officials, and relevant educational measures. For purposes of this subsection, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (b) Inclusion in Voting Information Requirements.--Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 1072(b), is amended-- (1) by striking ``and'' at the end of subparagraph (F); (2) by striking the period at the end of subparagraph (G) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition.''. Subtitle D--Prohibiting Deceptive Practices and Preventing Voter Intimidation SEC. 1301. SHORT TITLE. This subtitle may be cited as the ``Deceptive Practices and Voter Intimidation Prevention Act of 2021''. SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS. (a) Prohibition.--Subsection (b) of section 2004 of the Revised Statutes (52 U.S.C. 10101(b)) is amended-- (1) by striking ``No person'' and inserting the following: ``(1) In general.--No person''; and (2) by inserting at the end the following new paragraphs: ``(2) False statements regarding federal elections.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time, place, or manner of holding any election described in paragraph (5); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(3) False statements regarding public endorsements.-- ``(A) Prohibition.--No person, whether acting under color of law or otherwise, shall, within 60 days before an election described in paragraph (5), by any means, including by means of written, electronic, or telephonic communications, communicate, or cause to be communicated, a materially false statement about an endorsement, if such person-- ``(i) knows such statement to be false; and ``(ii) has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph (5). ``(B) Definition of `materially false'.--For purposes of subparagraph (A), a statement about an endorsement is `materially false' if, with respect to an upcoming election described in paragraph (5)-- ``(i) the statement states that a specifically named person, political party, or organization has endorsed the election of a specific candidate for a Federal office described in such paragraph; and ``(ii) such person, political party, or organization has not endorsed the election of such candidate. ``(4) Hindering, interfering with, or preventing voting or registering to vote.--No person, whether acting under color of law or otherwise, shall intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in paragraph (5). ``(5) Election described.--An election described in this paragraph is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.''. (b) Private Right of Action.-- (1) In general.--Subsection (c) of section 2004 of the Revised Statutes (52 U.S.C. 10101(c)) is amended-- (A) by striking ``Whenever any person'' and inserting the following: ``(1) In general.--Whenever any person''; and (B) by adding at the end the following new paragraph: ``(2) Civil action.--Any person aggrieved by a violation of subsection (b)(2), (b)(3), or (b)(4) may institute a civil action for preventive relief, including an application in a United States district court for a permanent or temporary injunction, restraining order, or other order. In any such action, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Conforming amendments.--Section 2004 of the Revised Statutes (52 U.S.C. 10101) is amended-- (A) in subsection (e), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''; and (B) in subsection (g), by striking ``subsection (c)'' and inserting ``subsection (c)(1)''. (c) Criminal Penalties.-- (1) Deceptive acts.--Section 594 of title 18, United States Code, is amended-- (A) by striking ``Whoever'' and inserting the following: ``(a) Intimidation.--Whoever''; (B) in subsection (a), as inserted by subparagraph (A), by striking ``at any election'' and inserting ``at any general, primary, run-off, or special election''; and (C) by adding at the end the following new subsections: ``(b) Deceptive Acts.-- ``(1) False statements regarding federal elections.-- ``(A) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, within 60 days before an election described in subsection (e), by any means, including by means of written, electronic, or telephonic communications, to communicate or cause to be communicated information described in subparagraph (B), or produce information described in subparagraph (B) with the intent that such information be communicated, if such person-- ``(i) knows such information to be materially false; and ``(ii) has the intent to mislead voters, or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection (e). ``(B) Information described.--Information is described in this subparagraph if such information is regarding-- ``(i) the time or place of holding any election described in subsection (e); or ``(ii) the qualifications for or restrictions on voter eligibility for any such election, including-- ``(I) any criminal, civil, or other legal penalties associated with voting in any such election; or ``(II) information regarding a voter's registration status or eligibility. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(c) Hindering, Interfering With, or Preventing Voting or Registering To Vote.-- ``(1) Prohibition.--It shall be unlawful for any person, whether acting under color of law or otherwise, to intentionally hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person to vote or register to vote in an election described in subsection (e), including by operating a polling place or ballot box that falsely purports to be an official location established for such an election by a unit of government. ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $100,000, imprisoned for not more than 5 years, or both. ``(d) Attempt.--Any person who attempts to commit any offense described in subsection (a), (b)(1), or (c)(1) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit. ``(e) Election Described.--An election described in this subsection is any general, primary, run-off, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress.''. (2) Modification of penalty for voter intimidation.-- Section 594(a) of title 18, United States Code, as amended by paragraph (1), is amended by striking ``fined under this title or imprisoned not more than one year'' and inserting ``fined not more than $100,000, imprisoned for not more than 5 years''. (3) Sentencing guidelines.-- (A) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 594 of title 18, United States Code, as amended by this section. (B) Authorization.--The United States Sentencing Commission may amend the Federal Sentencing Guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired. (4) Payments for refraining from voting.--Subsection (c) of section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307) is amended by striking ``either for registration to vote or for voting'' and inserting ``for registration to vote, for voting, or for not voting''. SEC. 1303. CORRECTIVE ACTION. (a) Corrective Action.-- (1) In general.--If the Attorney General receives a credible report that materially false information has been or is being communicated in violation of paragraphs (2) and (3) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 1302(a), and if the Attorney General determines that State and local election officials have not taken adequate steps to promptly communicate accurate information to correct the materially false information, the Attorney General shall, pursuant to the written procedures and standards under subsection (b), communicate to the public, by any means, including by means of written, electronic, or telephonic communications, accurate information designed to correct the materially false information. (2) Communication of corrective information.--Any information communicated by the Attorney General under paragraph (1)-- (A) shall-- (i) be accurate and objective; (ii) consist of only the information necessary to correct the materially false information that has been or is being communicated; and (iii) to the extent practicable, be by a means that the Attorney General determines will reach the persons to whom the materially false information has been or is being communicated; and (B) shall not be designed to favor or disfavor any particular candidate, organization, or political party. (b) Written Procedures and Standards for Taking Corrective Action.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall publish written procedures and standards for determining when and how corrective action will be taken under this section. (2) Inclusion of appropriate deadlines.--The procedures and standards under paragraph (1) shall include appropriate deadlines, based in part on the number of days remaining before the upcoming election. (3) Consultation.--In developing the procedures and standards under paragraph (1), the Attorney General shall consult with the Election Assistance Commission, State and local election officials, civil rights organizations, voting rights groups, voter protection groups, and other interested community organizations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as may be necessary to carry out this subtitle. SEC. 1304. REPORTS TO CONGRESS. (a) In General.--Not later than 180 days after each general election for Federal office, the Attorney General shall submit to Congress a report compiling all allegations received by the Attorney General of deceptive practices described in paragraphs (2), (3), and (4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as added by section 1302(a), relating to the general election for Federal office and any primary, run-off, or a special election for Federal office held in the 2 years preceding the general election. (b) Contents.-- (1) In general.--Each report submitted under subsection (a) shall include-- (A) a description of each allegation of a deceptive practice described in subsection (a), including the geographic location, racial and ethnic composition, and language minority-group membership of the persons toward whom the alleged deceptive practice was directed; (B) the status of the investigation of each allegation described in subparagraph (A); (C) a description of each corrective action taken by the Attorney General under section 4(a) in response to an allegation described in subparagraph (A); (D) a description of each referral of an allegation described in subparagraph (A) to other Federal, State, or local agencies; (E) to the extent information is available, a description of any civil action instituted under section 2004(c)(2) of the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by section 1302(b), in connection with an allegation described in subparagraph (A); and (F) a description of any criminal prosecution instituted under section 594 of title 18, United States Code, as amended by section 1302(c), in connection with the receipt of an allegation described in subparagraph (A) by the Attorney General. (2) Exclusion of certain information.-- (A) In general.--The Attorney General shall not include in a report submitted under subsection (a) any information protected from disclosure by rule 6(e) of the Federal Rules of Criminal Procedure or any Federal criminal statute. (B) Exclusion of certain other information.--The Attorney General may determine that the following information shall not be included in a report submitted under subsection (a): (i) Any information that is privileged. (ii) Any information concerning an ongoing investigation. (iii) Any information concerning a criminal or civil proceeding conducted under seal. (iv) Any other nonpublic information that the Attorney General determines the disclosure of which could reasonably be expected to infringe on the rights of any individual or adversely affect the integrity of a pending or future criminal investigation. (c) Report Made Public.--On the date that the Attorney General submits the report under subsection (a), the Attorney General shall also make the report publicly available through the internet and other appropriate means. Subtitle E--Democracy Restoration SEC. 1401. SHORT TITLE. This subtitle may be cited as the ``Democracy Restoration Act of 2021''. SEC. 1402. FINDINGS. Congress makes the following findings: (1) The right to vote is the most basic constitutive act of citizenship. Regaining the right to vote reintegrates individuals with criminal convictions into free society, helping to enhance public safety. (2) Article I, section 4, of the Constitution grants Congress ultimate supervisory power over Federal elections, an authority which has repeatedly been upheld by the Supreme Court. (3) Basic constitutional principles of fairness and equal protection require an equal opportunity for citizens of the United States to vote in Federal elections. The right to vote may not be abridged or denied by the United States or by any State on account of race, color, gender, or previous condition of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th Amendments to the Constitution empower Congress to enact measures to protect the right to vote in Federal elections. The 8th Amendment to the Constitution provides for no excessive bail to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (4) There are 3 areas in which discrepancies in State laws regarding criminal convictions lead to unfairness in Federal elections: (A) The lack of a uniform standard for voting in Federal elections leads to an unfair disparity and unequal participation in Federal elections based solely on where a person lives. (B) Laws governing the restoration of voting rights after a criminal conviction vary throughout the country, and persons in some States can easily regain their voting rights while in other States persons effectively lose their right to vote permanently. (C) State disenfranchisement laws disproportionately impact racial and ethnic minorities. (5) Two States (Maine and Vermont), the District of Columbia, and the Commonwealth of Puerto Rico do not disenfranchise individuals with criminal convictions at all, but 48 States have laws that deny convicted individuals the right to vote while they are in prison. (6) In some States disenfranchisement results from varying State laws that restrict voting while individuals are under the supervision of the criminal justice system or after they have completed a criminal sentence. In 30 States, convicted individuals may not vote while they are on parole and 27 States disenfranchise individuals on felony probation as well. In 11 States, a conviction can result in lifetime disenfranchisement. (7) Several States deny the right to vote to individuals convicted of certain misdemeanors. (8) An estimated 5,200,000 citizens of the United States, or about 1 in 44 adults in the United States, currently cannot vote as a result of a felony conviction. Of the 5,200,000 citizens barred from voting, only 24 percent are in prison. By contrast, 75 percent of the disenfranchised reside in their communities while on probation or parole or after having completed their sentences. Approximately 2,200,000 citizens who have completed their sentences remain disenfranchised due to restrictive State laws. In at least 6 States--Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia--more than 5 percent of the total voting-age population is disenfranchised. (9) In those States that disenfranchise individuals post- sentence, the right to vote can be regained in theory, but in practice this possibility is often granted in a non-uniform and potentially discriminatory manner. Disenfranchised individuals must either obtain a pardon or an order from the Governor or an action by the parole or pardon board, depending on the offense and State. Individuals convicted of a Federal offense often have additional barriers to regaining voting rights. (10) State disenfranchisement laws disproportionately impact racial and ethnic minorities. More than 6 percent of the African-American voting-age population, or 1,800,000 African Americans, are disenfranchised. Currently, 1 of every 16 voting-age African Americans are rendered unable to vote because of felony disenfranchisement, which is a rate more than 3.7 times greater than non-African Americans. Over 6 percent of African-American adults are disenfranchised whereas only 1.7 percent of non-African Americans are. In 7 States (Alabama, 16 percent; Florida, 15 percent; Kentucky, 15 percent; Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16 percent; and Wyoming, 36 percent), more than 1 in 7 African Americans are unable to vote because of prior convictions, twice the national average for African Americans. (11) Latino citizens are disproportionately disenfranchised based upon their disproportionate representation in the criminal justice system. In recent years, Latinos have been imprisoned at 2.5 times the rate of Whites. More than 2 percent of the voting-age Latino population, or 560,000 Latinos, are disenfranchised due to a felony conviction. In 34 states Latinos are disenfranchised at a higher rate than the general population. In 11 states 4 percent or more of Latino adults are disenfranchised due to a felony conviction (Alabama, 4 percent; Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent; Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent; Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11 percent, Wyoming, 4 percent), twice the national average for Latinos. (12) Disenfranchising citizens who have been convicted of a criminal offense and who are living and working in the community serves no compelling State interest and hinders their rehabilitation and reintegration into society. (13) State disenfranchisement laws can suppress electoral participation among eligible voters by discouraging voting among family and community members of disenfranchised persons. Future electoral participation by the children of disenfranchised parents may be impacted as well. (14) The United States is the only Western democracy that permits the permanent denial of voting rights for individuals with felony convictions. SEC. 1403. RIGHTS OF CITIZENS. The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election. SEC. 1404. ENFORCEMENT. (a) Attorney General.--The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this subtitle. (b) Private Right of Action.-- (1) In general.--A person who is aggrieved by a violation of this subtitle may provide written notice of the violation to the chief election official of the State involved. (2) Relief.--Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (3) Exception.--If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation. SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING RIGHTS. (a) State Notification.-- (1) Notification.--On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual-- (i) is sentenced to serve only a term of probation; or (ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction). (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court. (b) Federal Notification.-- (1) Notification.--Any individual who has been convicted of a criminal offense under Federal law shall be notified in accordance with paragraph (2) that such individual has the right to vote in an election for Federal office pursuant to the Democracy Restoration Act of 2021 and may register to vote in any such election and provide such individual with any materials that are necessary to register to vote in any such election. (2) Date of notification.-- (A) Felony conviction.--In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given-- (i) in the case of an individual who is sentenced to serve only a term of probation, by the Assistant Director for the Office of Probation and Pretrial Services of the Administrative Office of the United States Courts on the date on which the individual is sentenced; or (ii) in the case of any individual committed to the custody of the Bureau of Prisons, by the Director of the Bureau of Prisons, during the period beginning on the date that is 6 months before such individual is released and ending on the date such individual is released from the custody of the Bureau of Prisons. (B) Misdemeanor conviction.--In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a court established by an Act of Congress. SEC. 1406. DEFINITIONS. For purposes of this subtitle: (1) Correctional institution or facility.--The term ``correctional institution or facility'' means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility). (2) Election.--The term ``election'' means-- (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party held to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; or (D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President. (3) Federal office.--The term ``Federal office'' means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States. (4) Probation.--The term ``probation'' means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning-- (A) the individual's freedom of movement; (B) the payment of damages by the individual; (C) periodic reporting by the individual to an officer of the court; or (D) supervision of the individual by an officer of the court. SEC. 1407. RELATION TO OTHER LAWS. (a) State Laws Relating to Voting Rights.--Nothing in this subtitle be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this subtitle. (b) Certain Federal Acts.--The rights and remedies established by this subtitle are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). SEC. 1408. FEDERAL PRISON FUNDS. No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal funds unless that person has in effect a program under which each individual incarcerated in that person's jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual's rights under section 1403. SEC. 1409. EFFECTIVE DATE. This subtitle shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act. Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter- Verified Permanent Paper Ballot SEC. 1501. SHORT TITLE. This subtitle may be cited as the ``Voter Confidence and Increased Accessibility Act of 2021''. SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS. (a) In General.--Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows: ``(2) Paper ballot requirement.-- ``(A) Voter-verified paper ballots.-- ``(i) Paper ballot requirement.--(I) The voting system shall require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term `individual, durable, voter-verified paper ballot' means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option to mark his or her ballot by hand. ``(II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter- verified paper ballot is preserved in accordance with clause (ii). ``(III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter's vote without the voter's consent. ``(ii) Preservation as official record.-- The individual, durable, voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used. ``(iii) Manual counting requirements for recounts and audits.--(I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office. ``(II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified paper ballots shall be the true and correct record of the votes cast. ``(iv) Application to all ballots.--The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters. ``(B) Special rule for treatment of disputes when paper ballots have been shown to be compromised.-- ``(i) In general.--In the event that-- ``(I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter- verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and ``(II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed, the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result. ``(ii) Rule for consideration of ballots associated with each voting machine.--For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots.''. (b) Conforming Amendment Clarifying Applicability of Alternative Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting ``(including the paper ballots required to be used under paragraph (2))'' after ``voting system''. (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended-- (1) in subparagraph (A)(i), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''; (2) in subparagraph (A)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''; (3) in subparagraph (A)(iii), by striking ``counted'' each place it appears and inserting ``counted, in accordance with paragraphs (2) and (3)''; and (4) in subparagraph (B)(ii), by striking ``counted'' and inserting ``counted, in accordance with paragraphs (2) and (3)''. SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH DISABILITIES. (a) In General.--Section 301(a)(3)(B) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows: ``(B)(i) ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot as for other voters; ``(ii) satisfy the requirement of subparagraph (A) through the use of a sufficient number, but at least one, of voting systems, as determined by the Commission in consultation with the United States Access Board and the National Institute of Standards and Technology, equipped to serve individuals with and without disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, for all in person voting options; and ``(iii) meet the requirements of subparagraph (A) and paragraph (2)(A) by using a system that-- ``(I) allows the voter to privately and independently verify the permanent paper ballot through the presentation, in accessible form, of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing; and ``(II) allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot;''. (b) Specific Requirement of Study, Testing, and Development of Accessible Voting Options.-- (1) Study and reporting.--Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended-- (A) by redesignating section 247 as section 248; and (B) by inserting after section 246 the following new section: ``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS. ``(a) Grants to Study and Report.--The Commission, in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than three eligible entities to study, test, and develop accessible and secure remote voting systems and voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities. ``(b) Eligibility.--An entity is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing-- ``(1) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and ``(2) such other information and certifications as the Commission may require. ``(c) Availability of Technology.--Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. ``(d) Coordination With Grants for Technology Improvements.--The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271, to the extent that the Commission determines necessary to provide for the advancement of accessible voting technology. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsection (a) $10,000,000, to remain available until expended.''. (2) Clerical amendment.--The table of contents of such Act is amended-- (A) by redesignating the item relating to section 247 as relating to section 248; and (B) by inserting after the item relating to section 246 the following new item: ``Sec. 247. Study and report on accessible voting options.''. (c) Clarification of Accessibility Standards Under Voluntary Voting System Guidance.--In adopting any voluntary guidance under subtitle B of title III of the Help America Vote Act with respect to the accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle. (d) Permitting Use of Funds for Protection and Advocacy Systems To Support Actions To Enforce Election-Related Disability Access.--Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ``; except that'' and all that follows and inserting a period. SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph: ``(7) Durability and readability requirements for ballots.-- ``(A) Durability requirements for paper ballots.-- ``(i) In general.--All voter-verified paper ballots required to be used under this Act shall be marked or printed on durable paper. ``(ii) Definition.--For purposes of this Act, paper is `durable' if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months. ``(B) Readability requirements for paper ballots marked by ballot marking device.--All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance (other than eyeglasses or other personal vision enhancing devices) and by an optical character recognition device or other device equipped for individuals with disabilities.''. SEC. 1505. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN. (a) Study.--The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors. (b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS. Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 1504, is further amended by adding at the end the following new paragraph: ``(8) Printing requirements for ballots.--All paper ballots used in an election for Federal office shall be printed in the United States on paper manufactured in the United States.''. SEC. 1507. EFFECTIVE DATE FOR NEW REQUIREMENTS. Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. ``(2) Special rule for certain requirements.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 shall apply with respect to voting systems used for any election for Federal office held in 2022 or any succeeding year. ``(B) Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2020.-- ``(i) Delay.--In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `2022' were a reference to `2024', but only with respect to the following requirements of this section: ``(I) Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots). ``(II) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot). ``(III) Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots). ``(ii) Jurisdictions described.--A jurisdiction described in this clause is a jurisdiction-- ``(I) which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2021), for the administration of the regularly scheduled general election for Federal office held in November 2020; and ``(II) which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2024. ``(iii) Mandatory availability of paper ballots at polling places using grandfathered printers and systems.-- ``(I) Requiring ballots to be offered and provided.--The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. ``(II) Treatment of ballot.--Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. ``(III) Posting of notice.--The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre- printed blank paper ballot. The notice shall take into consideration factors including the linguistic preferences of voters in the jurisdiction. ``(IV) Training of election officials.--The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre- printed paper ballot. ``(V) Period of applicability.--The requirements of this clause apply only during the period in which the delay is in effect under clause (i). ``(C) Special rule for jurisdictions using certain nontabulating ballot marking devices.--In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to `any election for Federal office held in 2022 or any succeeding year' were a reference to `elections for Federal office occurring held in 2024 or each succeeding year', but only with respect to paragraph (3)(B)(iii)(II) of subsection (a) (relating to nonmanual casting of the durable paper ballot).''. Subtitle G--Provisional Ballots SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT OF UNIFORM AND NONDISCRIMINATORY STANDARDS. (a) In General.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended-- (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: ``(d) Statewide Counting of Provisional Ballots.-- ``(1) In general.--For purposes of subsection (a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official of the jurisdiction in which the individual is registered shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022. ``(e) Uniform and Nondiscriminatory Standards.-- ``(1) In general.--Consistent with the requirements of this section, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. ``(2) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022.''. (b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C. 21082(f)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsections (d)(2) and (e)(2), each State''. Subtitle H--Early Voting SEC. 1611. EARLY VOTING. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a) and section 1101(a), is amended-- (1) by redesignating sections 306 and 307 as sections 307 and 308; and (2) by inserting after section 305 the following new section: ``SEC. 306. EARLY VOTING. ``(a) Requiring Voting Prior to Date of Election.-- ``(1) In general.--Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in the same manner as voting is allowed on such date. ``(2) Length of period.--The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the election. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting during an early voting period under subsection (a) shall-- ``(1) allow such voting for no less than 10 hours on each day; ``(2) have uniform hours each day for which such voting occurs; and ``(3) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ``(c) Location of Polling Places.-- ``(1) Proximity to public transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection (a) is located within walking distance of a stop on a public transportation route. ``(2) Availability in rural areas.--The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located in rural areas of the State, and shall ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. ``(3) College campuses.--The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located on campuses of institutions of higher education in the State. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Ballot Processing and Scanning Requirements.-- ``(1) In general.--The State shall begin processing and scanning ballots cast during in-person early voting for tabulation at least 14 days prior to the date of the election involved. ``(2) Limitation.--Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. ``(f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b), is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) except as provided in paragraph (4), in the case of the recommendations with respect to any section added by the For the People Act of 2021, June 30, 2022.''. (c) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c) and section 1101(c), is amended-- (1) by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308; and (2) by inserting after the item relating to section 305 the following new item: ``Sec. 306. Early voting.''. Subtitle I--Voting by Mail SEC. 1621. VOTING BY MAIL. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), and section 1611(a), is amended-- (1) by redesignating sections 307 and 308 as sections 308 and 309; and (2) by inserting after section 306 the following new section: ``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) Uniform Availability of Absentee Voting to All Voters.-- ``(1) In general.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. ``(2) Administration of voting by mail.-- ``(A) Prohibiting identification requirement as condition of obtaining ballot.--A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot. ``(B) Prohibiting requirement to provide notarization or witness signature as condition of obtaining or casting ballot.--A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot. ``(C) Deadline for returning ballot.--A State may impose a reasonable deadline for requesting the absentee ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. ``(3) No effect on identification requirements for first- time voters registering by mail.--Nothing in this subsection may be construed to exempt any individual described in paragraph (1) of section 303(b) from meeting the requirements of paragraph (2) of such section. ``(b) Due Process Requirements for States Requiring Signature Verification.-- ``(1) Requirement.-- ``(A) In general.--A State may not impose a signature verification requirement as a condition of accepting and counting an absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). ``(B) Signature verification requirement described.--In this subsection, a `signature verification requirement' is a requirement that an election official verify the identification of an individual by comparing the individual's signature on the absentee ballot with the individual's signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. ``(2) Due process requirements.-- ``(A) Notice and opportunity to cure discrepancy in signatures.--If an individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall-- ``(i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, and ``(II) if such discrepancy is not cured prior to the expiration of the 10-day period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and ``(ii) cure such discrepancy and count the ballot if, prior to the expiration of the 10- day period described in clause (i)(II), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. ``(B) Notice and opportunity to cure missing signature or other defect.--If an individual submits an absentee ballot without a signature or submits an absentee ballot with another defect which, if left uncured, would cause the ballot to not be counted, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall-- ``(i) make a good faith effort to immediately notify the individual by mail, telephone, and (if available) text message and electronic mail that-- ``(I) the ballot did not include a signature or has some other defect, and ``(II) if the individual does not provide the missing signature or cure the other defect prior to the expiration of the 10-day period which begins on the date the official notifies the individual that the ballot did not include a signature or has some other defect, such ballot will not be counted; and ``(ii) count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with the missing signature on a form proscribed by the State or cures the other defect. This subparagraph does not apply with respect to a defect consisting of the failure of a ballot to meet the applicable deadline for the acceptance of the ballot, as described in subsection (e). ``(C) Other requirements.--An election official may not make a determination that a discrepancy exists between the signature on an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless-- ``(i) at least 2 election officials make the determination; ``(ii) each official who makes the determination has received training in procedures used to verify signatures; and ``(iii) of the officials who make the determination, at least one is affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State and at least one is affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. ``(3) Report.-- ``(A) In general.--Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to Congress and the Commission a report containing the following information for the applicable Federal election cycle in the State: ``(i) The number of ballots invalidated due to a discrepancy under this subsection. ``(ii) Description of attempts to contact voters to provide notice as required by this subsection. ``(iii) Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. ``(B) Federal election cycle defined.--For purposes of this subsection, the term `Federal election cycle' means the period beginning on January 1 of any odd numbered year and ending on December 31 of the following year. ``(4) Rule of construction.--Nothing in this subsection shall be construed-- ``(A) to prohibit a State from rejecting a ballot attempted to be cast in an election for Federal office by an individual who is not eligible to vote in the election; or ``(B) to prohibit a State from providing an individual with more time and more methods for curing a discrepancy in the individual's signature, providing a missing signature, or curing any other defect than the State is required to provide under this subsection. ``(c) Transmission of Applications, Ballots, and Balloting Materials to Voters.-- ``(1) Automatic transmission of absentee ballot applications by mail.-- ``(A) Transmission of applications.--Not later than 60 days before the date of an election for Federal office, the appropriate State or local election official shall transmit by mail an application for an absentee ballot for the election to each individual who is registered to vote in the election, or, in the case of any State that does not register voters, all individuals who are in the State's central voter file (or if the State does not keep a central voter file, all individuals who are eligible to vote in such election). ``(B) Exception for individuals already receiving applications automatically.--Subparagraph (A) does not apply with respect to an individual to whom the State is already required to transmit an application for an absentee ballot for the election because the individual exercised the option described in subparagraph (D) of paragraph (2) to treat an application for an absentee ballot in a previous election for Federal office in the State as an application for an absentee ballot in all subsequent elections for Federal office in the State. ``(C) Exception for states transmitting ballots without application.--Subparagraph (A) does not apply with respect to a State which transmits a ballot in an election for Federal office in the State to a voter prior to the date of the election without regard to whether or not the voter submitted an application for the ballot to the State. ``(D) Rule of construction.--Nothing in this paragraph may be construed to prohibit an individual from submitting to the appropriate State or local election official an application for an absentee ballot in an election for Federal office, including through the methods described in paragraph (2). ``(2) Other methods for applying for absentee ballot.-- ``(A) In general.--In addition to such other methods as the State may establish for an individual to apply for an absentee ballot, the State shall permit an individual-- ``(i) to submit an application for an absentee ballot online; and ``(ii) to submit an application for an absentee ballot through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this paragraph to the services made available online. ``(B) Treatment of websites.--The State shall be considered to meet the requirements of subparagraph (A)(i) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual-- ``(i) to print the application so that the individual may complete the application and return it to the official; or ``(ii) request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. ``(C) Ensuring delivery prior to election.--If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual's application is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after such required period. ``(D) Application for all future elections.--At the option of an individual, a State shall treat the individual's application to vote by absentee ballot by mail in an election for Federal office as an application for an absentee ballot by mail in all subsequent Federal elections held in the State. ``(3) Same-day processing.--The United States Postal Service shall ensure, to the maximum extent practicable, that ballots are processed and cleared from any postal facility or post office on the same day the ballots are received at such a facility or post office. ``(d) Accessibility for Individuals With Disabilities.--The State shall ensure that all absentee ballot applications, absentee ballots, and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. ``(e) Uniform Deadline for Acceptance of Mailed Ballots.-- ``(1) In general.--A State may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if-- ``(A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and ``(B) the ballot is received by the appropriate election official prior to the expiration of the 10-day period which begins on the date of the election. ``(2) Rule of construction.--Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election. ``(f) Alternative Methods of Returning Ballots.-- ``(1) In general.--In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, the State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including-- ``(A) permitting the individual to deliver the ballot to a polling place on any date on which voting in the election is held at the polling place; and ``(B) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official. ``(2) Permitting voters to designate other person to return ballot.--The State-- ``(A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and ``(B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office. ``(g) Ballot Processing and Scanning Requirements.-- ``(1) In general.--The State shall begin processing and scanning ballots cast by mail for tabulation at least 14 days prior to the date of the election involved. ``(2) Limitation.--Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. ``(h) Prohibiting Certain Restrictions on Access to Voting Materials.-- ``(1) Distribution of absentee ballot applications by third parties.--A State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election. ``(2) Unsolicited provision of voter registration applications by election officials.--A State may not prohibit an election official from providing an unsolicited application to register to vote in an election for Federal office to any individual who is eligible to register to vote in the election. ``(i) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. ``(j) No Effect on Ballots Submitted by Absent Military and Overseas Voters.--Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ``(k) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), and section 1611(c), is amended-- (1) by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309; and (2) by inserting after the item relating to section 306 the following new item: ``Sec. 307. Promoting ability of voters to vote by mail.''. (c) Development of Alternative Verification Methods.-- (1) Development of standards.--The National Institute of Standards, in consultation with the Election Assistance Commission, shall develop standards for the use of alternative methods which could be used in place of signature verification requirements for purposes of verifying the identification of an individual voting by absentee ballot in elections for Federal office. (2) Public notice and comment.--The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1). (3) Deadline.--Not later than 1 year after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1). SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), and section 1621(a), is amended-- (1) by redesignating sections 308 and 309 as sections 309 and 310; and (2) by inserting after section 307 the following new section: ``SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM. ``(a) Requirement.--Each State shall carry out a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official's office. ``(b) Information on Whether Vote Was Accepted.--The information referred to under subsection (a) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. ``(c) Use of Toll-Free Telephone Number by Officials Without Internet Site.--A program established by a State or local election official whose office does not have an Internet site may meet the requirements of subsection (a) if the official has established a toll- free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such subsection. ``(d) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Reimbursement for Costs Incurred by States in Establishing Program.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS ``SEC. 297. PAYMENTS TO STATES. ``(a) Payments For Costs of Program.--In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 308 (including costs incurred prior to the date of the enactment of this part). ``(b) Certification of Compliance and Costs.-- ``(1) Certification required.--In order to receive a payment under this section, a State shall submit to the Commission a statement containing-- ``(A) a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and ``(B) a statement of the costs incurred by the State in establishing the program. ``(2) Amount of payment.--The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of-- ``(A) the number of jurisdictions in the State which are responsible for operating the program; and ``(B) $3,000. ``(3) Limit on number of payments received.--A State may not receive more than one payment under this part. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. ``(b) Continuing Availability of Funds.--Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.''. (c) Clerical Amendments.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), and section 1621(b), is amended-- (1) by adding at the end of the items relating to subtitle D of title II the following: ``Part 7--Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots ``Sec. 297. Payments to States. ``Sec. 297A. Authorization of appropriations.''; (2) by redesignating the items relating to sections 308 and 309 as relating to sections 309 and 310; and (3) by inserting after the item relating to section 307 the following new item: ``Sec. 308. Absentee ballot tracking program.''. SEC. 1623. VOTING MATERIALS POSTAGE. (a) Prepayment of Postage on Return Envelopes.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), and section 1622(a), is amended-- (A) by redesignating sections 309 and 310 as sections 310 and 311; and (B) by inserting after section 308 the following new section: ``SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING MATERIALS. ``(a) Provision of Return Envelopes.--The appropriate State or local election official shall provide a self-sealing return envelope with-- ``(1) any voter registration application form transmitted to a registrant by mail; ``(2) any application for an absentee ballot transmitted to an applicant by mail; and ``(3) any blank absentee ballot transmitted to a voter by mail. ``(b) Prepayment of Postage.--Consistent with regulations of the United States Postal Service, the State or the unit of local government responsible for the administration of the election involved shall prepay the postage on any envelope provided under subsection (a). ``(c) No Effect on Ballots or Balloting Materials Transmitted to Absent Military and Overseas Voters.--Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ``(d) Effective Date.--This section shall take effect on the date that is 90 days after the date of the enactment of this section, except that-- ``(1) State and local jurisdictions shall make arrangements with the United States Postal Service to pay for all postage costs that such jurisdictions would be required to pay under this section if this section took effect on the date of enactment; and ``(2) States shall take all reasonable efforts to provide self-sealing return envelopes as provided in this section.''. (2) Clerical amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), and section 1621(b), is amended-- (A) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311; and (B) by inserting after the item relating to section 308 the following new item: ``Sec. 309. Prepayment of postage on return envelopes for voting materials.''. (b) Role of United States Postal Service.-- (1) In general.--Chapter 34 of title 39, United States Code, is amended by adding after section 3406 the following: ``Sec. 3407. Voting materials; restrictions on operational changes prior to elections ``(a) Any voter registration application, absentee ballot application, or absentee ballot with respect to any election for Federal office shall be carried in accordance with the service standards established for first-class mail, regardless of the class of postage prepaid. ``(b) In the case of any election mail carried by the Postal Service that consists of a ballot, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise-- ``(1) the fact that the ballot was carried by the Postal Service; and ``(2) the date on which the ballot was mailed. ``(c) During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of voting materials with respect to the election, including voter registration applications, absentee ballot applications, and absentee ballots. This paragraph applies to operational changes which include removing or eliminating any mail collection box without immediately replacing it, and removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance. ``(d) The Postal Service shall appoint an Election Mail Coordinator in every Postal Area and District to facilitate relevant information sharing with State, territorial, local, and tribal election officials in regards to the mailing of voter registration applications, absentee ballot applications, and absentee ballots. ``(e) As used in this section-- ``(1) the term `absentee ballot' means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and ``(2) the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. ``(f) Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).''. (2) Mail-in ballots and postal service barcode service.-- (A) In general.--Section 3001 of title 39, United States Code, is amended by adding at the end the following: ``(p) Any ballot sent within the United States for an election for Federal office is nonmailable and shall not be carried or delivered by mail unless the ballot is mailed in an envelope that-- ``(1) contains a Postal Service barcode (or successive service or marking) that enables tracking of each individual ballot; ``(2) satisfies requirements for ballot envelope design that the Postal Service may promulgate by regulation; ``(3) satisfies requirements for machineable letters that the Postal Service may promulgate by regulation; and ``(4) includes the Official Election Mail Logo (or any successor label that the Postal Service may establish for ballots).''. (B) Application.--The amendment made by subsection (a) shall apply to any election for Federal office occurring after the date of enactment of this Act. (3) Clerical amendment.--The table of sections for chapter 34 of such title is amended by inserting after the item relating to section 3406 the following: ``3407. Voting materials; restrictions on operational changes prior to elections.''. SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL PROCEDURES. (a) Study.--The Election Assistance Commission shall conduct a study on the 2020 elections and compile a list of recommendations to-- (1) help States transitioning to vote-by-mail procedures; and (2) improve their current vote-by-mail systems. (b) Report.--Not later than January 1, 2022, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a). Subtitle J--Absent Uniformed Services Voters and Overseas Voters SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS. Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(c)) is amended to read as follows: ``(c) Reports on Availability, Transmission, and Receipt of Absentee Ballots.-- ``(1) Pre-election report on absentee ballot availability.--Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the `Commission'), and the Presidential Designee, and make that report publicly available that same day, certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election. ``(2) Pre-election report on absentee ballot transmission.--Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots have been transmitted by not later than 45 days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least 45 days before the election. The report shall be in a form prescribed jointly by the Attorney General and the Commission, and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election. ``(3) Post-election report on number of absentee ballots transmitted and received.--Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Attorney General, the Commission, and the Presidential Designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day.''. SEC. 1702. ENFORCEMENT. (a) Availability of Civil Penalties and Private Rights of Action.-- Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20307) is amended to read as follows: ``SEC. 105. ENFORCEMENT. ``(a) Action by Attorney General.-- ``(1) In general.--The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. ``(2) Penalty.--In a civil action brought under paragraph (1), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State-- ``(A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or ``(B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation. ``(3) Report to congress.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year. ``(b) Private Right of Action.--A person who is aggrieved by a State's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title. ``(c) State as Only Necessary Defendant.--In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.''. (b) Effective Date.--The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act. SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE. (a) Repeal of Waiver Authority.-- (1) In general.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by striking subsection (g). (2) Conforming amendment.--Section 102(a)(8)(A) of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as provided in subsection (g),''. (b) Requiring Use of Express Delivery in Case of Failure To Meet Requirement.--Section 102 of such Act (52 U.S.C. 20302), as amended by subsection (a), is amended by inserting after subsection (f) the following new subsection: ``(g) Requiring Use of Express Delivery in Case of Failure To Transmit Ballots Within Deadlines.-- ``(1) Transmission of ballot by express delivery.--If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 45 days before the election (in the case in which the request is received at least 45 days before the election)-- ``(A) the State shall transmit the ballot to the voter by express delivery; or ``(B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically. ``(2) Special rule for transmission fewer than 40 days before the election.--If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A. ``(3) Payment for use of express delivery.--The State shall be responsible for the payment of the costs associated with the use of express delivery for the transmittal of ballots under this subsection.''. (c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A) of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``the election;'' and inserting the following: ``the election (or, if the 45th day preceding the election is a weekend or legal public holiday, not later than the most recent weekday which precedes such 45th day and which is not a legal public holiday, but only if the request is received by at least such most recent weekday);''. SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT ELECTIONS. (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows: ``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS. ``(a) In General.--If a State accepts and processes an official post card form (prescribed under section 101) submitted by an absent uniformed services voter or overseas voter for simultaneous voter registration and absentee ballot application (in accordance with section 102(a)(4)) and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election. ``(b) Exception for Voters Changing Registration.--Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State. ``(c) Prohibition of Refusal of Application on Grounds of Early Submission.--A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act. SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL. Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by adding at the end the following new subsection: ``(j) Guarantee of Residency for Spouses and Dependents of Absent Members of Uniformed Service.--For the purposes of voting for in any election for any Federal office or any State or local office, a spouse or dependent of an individual who is an absent uniformed services voter described in subparagraph (A) or (B) of section 107(1) shall not, solely by reason of that individual's absence and without regard to whether or not such spouse or dependent is accompanying that individual-- ``(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not that individual intends to return to that State; ``(2) be deemed to have acquired a residence or domicile in any other State; or ``(3) be deemed to have become a resident in or a resident of any other State.''. SEC. 1706. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS UNDER UOCAVA TO CERTAIN VOTERS. (a) In General.--The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after section 103B the following new section: ``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO CERTAIN OTHER VOTERS. ``(a) In General.-- ``(1) State responsibilities.--Subject to the provisions of this section, each State shall transmit blank absentee ballots electronically to qualified individuals who request such ballots in the same manner and under the same terms and conditions under which the State transmits such ballots electronically to absent uniformed services voters and overseas voters under the provisions of section 102(f), except that no such marked ballots shall be returned electronically. ``(2) Requirements.--Any blank absentee ballot transmitted to a qualified individual under this section-- ``(A) must comply with the language requirements under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503); and ``(B) must comply with the disability requirements under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). ``(3) Affirmation.--The State may not transmit a ballot to a qualified individual under this section unless the individual provides the State with a signed affirmation in electronic form that-- ``(A) the individual is a qualified individual (as defined in subsection (b)); ``(B) the individual has not and will not cast another ballot with respect to the election; and ``(C) acknowledges that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury. ``(4) Clarification regarding free postage.--An absentee ballot obtained by a qualified individual under this section shall be considered balloting materials as defined in section 107 for purposes of section 3406 of title 39, United States Code. ``(5) Prohibiting refusal to accept ballot for failure to meet certain requirements.--A State shall not refuse to accept and process any otherwise valid blank absentee ballot which was transmitted to a qualified individual under this section and used by the individual to vote in the election solely on the basis of the following: ``(A) Notarization or witness signature requirements. ``(B) Restrictions on paper type, including weight and size. ``(C) Restrictions on envelope type, including weight and size. ``(b) Qualified Individual.-- ``(1) In general.--In this section, except as provided in paragraph (2), the term `qualified individual' means any individual who is otherwise qualified to vote in an election for Federal office and who meets any of the following requirements: ``(A) The individual-- ``(i) has previously requested an absentee ballot from the State or jurisdiction in which such individual is registered to vote; and ``(ii) has not received such absentee ballot at least 2 days before the date of the election. ``(B) The individual-- ``(i) resides in an area of a State with respect to which an emergency or public health emergency has been declared by the chief executive of the State or of the area involved within 5 days of the date of the election under the laws of the State due to reasons including a natural disaster, including severe weather, or an infectious disease; and ``(ii) has not previously requested an absentee ballot. ``(C) The individual expects to be absent from such individual's jurisdiction on the date of the election due to professional or volunteer service in response to a natural disaster or emergency as described in subparagraph (B). ``(D) The individual is hospitalized or expects to be hospitalized on the date of the election. ``(E) The individual is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)) and resides in a State which does not offer voters the ability to use secure and accessible remote ballot marking. For purposes of this subparagraph, a State shall permit an individual to self-certify that the individual is an individual with a disability. ``(2) Exclusion of absent uniformed services and overseas voters.--The term `qualified individual' shall not include an absent uniformed services voter or an overseas voter. ``(c) State.--For purposes of this section, the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. ``(d) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendment.--Section 102(a) of such Act (52 U.S.C. 20302(a)) is amended-- (1) by striking ``and'' at the end of paragraph (10); (2) by striking the period at the end of paragraph (11) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(12) meet the requirements of section 103C with respect to the provision of blank absentee ballots for the use of qualified individuals described in such section.''. (c) Clerical Amendments.--The table of contents of such Act is amended by inserting the following after section 103: ``Sec. 103A. Procedures for collection and delivery of marked absentee ballots of absent overseas uniformed services voters. ``Sec. 103B. Federal voting assistance program improvements. ``Sec. 103C. Transmission of blank absentee ballots to certain other voters.''. SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON VOTER DISENFRANCHISEMENT. Not later than 1 year of enactment of this Act, the Attorney General shall submit to Congress a report on the impact of wide-spread mail-in voting on the ability of active duty military servicemembers to vote, how quickly their votes are counted, and whether higher volumes of mail-in votes makes it harder for such individuals to vote in federal elections. SEC. 1708. EFFECTIVE DATE. Except as provided in section 1702(b) and section 1704(b), the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2022. Subtitle K--Poll Worker Recruitment and Training SEC. 1801. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING. (a) Grants by Election Assistance Commission.-- (1) In general.--The Election Assistance Commission (hereafter referred to as the ``Commission'') shall, subject to the availability of appropriations provided to carry out this section, make a grant to each eligible State for recruiting and training individuals to serve as poll workers on dates of elections for public office. (2) Use of commission materials.--In carrying out activities with a grant provided under this section, the recipient of the grant shall use the manual prepared by the Commission on successful practices for poll worker recruiting, training and retention as an interactive training tool, and shall develop training programs with the participation and input of experts in adult learning. (3) Access and cultural considerations.--The Commission shall ensure that the manual described in paragraph (2) provides training in methods that will enable poll workers to provide access and delivery of services in a culturally competent manner to all voters who use their services, including those with limited English proficiency, diverse cultural and ethnic backgrounds, disabilities, and regardless of gender, sexual orientation, or gender identity. These methods must ensure that each voter will have access to poll worker services that are delivered in a manner that meets the unique needs of the voter. (b) Requirements for Eligibility.-- (1) Application.--Each State that desires to receive a payment under this section shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. (2) Contents of application.--Each application submitted under paragraph (1) shall-- (A) describe the activities for which assistance under this section is sought; (B) provide assurances that the funds provided under this section will be used to supplement and not supplant other funds used to carry out the activities; (C) provide assurances that the State will furnish the Commission with information on the number of individuals who served as poll workers after recruitment and training with the funds provided under this section; (D) provide assurances that the State will dedicate poll worker recruitment efforts with respect to youth and minors, including by recruiting at institutions of higher education and secondary education; and (E) provide such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. (c) Amount of Grant.-- (1) In general.--The amount of a grant made to a State under this section shall be equal to the product of-- (A) the aggregate amount made available for grants to States under this section; and (B) the voting age population percentage for the State. (2) Voting age population percentage defined.--In paragraph (1), the ``voting age population percentage'' for a State is the quotient of-- (A) the voting age population of the State (as determined on the basis of the most recent information available from the Bureau of the Census); and (B) the total voting age population of all States (as determined on the basis of the most recent information available from the Bureau of the Census). (d) Reports to Congress.-- (1) Reports by recipients of grants.--Not later than 6 months after the date on which the final grant is made under this section, each recipient of a grant shall submit a report to the Commission on the activities conducted with the funds provided by the grant. (2) Reports by commission.--Not later than 1 year after the date on which the final grant is made under this section, the Commission shall submit a report to Congress on the grants made under this section and the activities carried out by recipients with the grants, and shall include in the report such recommendations as the Commission considers appropriate. (e) Funding.-- (1) Continuing availability of amount appropriated.--Any amount appropriated to carry out this section shall remain available without fiscal year limitation until expended. (2) Administrative expenses.--Of the amount appropriated for any fiscal year to carry out this section, not more than 3 percent shall be available for administrative expenses of the Commission. SEC. 1802. STATE DEFINED. In this subtitle, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Subtitle L--Enhancement of Enforcement SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002. (a) Complaints; Availability of Private Right of Action.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended-- (1) by striking ``The Attorney General'' and inserting ``(a) In General.--The Attorney General''; and (2) by adding at the end the following new subsections: ``(b) Filing of Complaints by Aggrieved Persons.-- ``(1) In general.--A person who is aggrieved by a violation of title III which has occurred, is occurring, or is about to occur may file a written, signed, notarized complaint with the Attorney General describing the violation and requesting the Attorney General to take appropriate action under this section. The Attorney General shall immediately provide a copy of a complaint filed under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. ``(2) Response by attorney general.--The Attorney General shall respond to each complaint filed under paragraph (1), in accordance with procedures established by the Attorney General that require responses and determinations to be made within the same (or shorter) deadlines which apply to a State under the State-based administrative complaint procedures described in section 402(a)(2). The Attorney General shall immediately provide a copy of the response made under the previous sentence to the entity responsible for administering the State-based administrative complaint procedures described in section 402(a) for the State involved. ``(c) Availability of Private Right of Action.--Any person who is authorized to file a complaint under subsection (b)(1) (including any individual who seeks to enforce the individual's right to a voter- verified paper ballot, the right to have the voter-verified paper ballot counted in accordance with this Act, or any other right under title III) may file an action under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to enforce the uniform and nondiscriminatory election technology and administration requirements under subtitle A of title III. ``(d) No Effect on State Procedures.--Nothing in this section may be construed to affect the availability of the State-based administrative complaint procedures required under section 402 to any person filing a complaint under this subsection.''. (b) Effective Date.--The amendments made by this section shall apply with respect to violations occurring with respect to elections for Federal office held in 2022 or any succeeding year. Subtitle M--Federal Election Integrity SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION ADMINISTRATION OFFICIALS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section: ``campaign activities by chief state election administration officials ``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief State election administration official to take an active part in political management or in a political campaign with respect to any election for Federal office over which such official has supervisory authority. ``(b) Chief State Election Administration Official.--The term `chief State election administration official' means the highest State official with responsibility for the administration of Federal elections under State law. ``(c) Active Part in Political Management or in a Political Campaign.--The term `active part in political management or in a political campaign' means-- ``(1) holding any position (including any unpaid or honorary position) with an authorized committee of a candidate, or participating in any decision-making of an authorized committee of a candidate; ``(2) the use of official authority or influence for the purpose of interfering with or affecting the result of an election for Federal office; ``(3) the solicitation, acceptance, or receipt of a contribution from any person on behalf of a candidate for Federal office; and ``(4) any other act which would be prohibited under paragraph (2) or (3) of section 7323(b) of title 5, United States Code, if taken by an individual to whom such paragraph applies (other than any prohibition on running for public office). ``(d) Exception in Case of Recusal From Administration of Elections Involving Official or Immediate Family Member.-- ``(1) In general.--This section does not apply to a chief State election administration official with respect to an election for Federal office in which the official or an immediate family member of the official is a candidate, but only if-- ``(A) such official recuses himself or herself from all of the official's responsibilities for the administration of such election; and ``(B) the official who assumes responsibility for supervising the administration of the election does not report directly to such official. ``(2) Immediate family member defined.--In paragraph (1), the term `immediate family member' means, with respect to a candidate, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to elections for Federal office held after December 2021. Subtitle N--Promoting Voter Access Through Election Administration Improvements PART 1--PROMOTING VOTER ACCESS SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION. (a) Treatment of Certain Institutions as Voter Registration Agencies Under National Voter Registration Act of 1993.--Section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(C) each institution of higher education which has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094), other than an institution which is treated as a contributing agency under the Automatic Voter Registration Act of 2021.''; and (2) in paragraph (6)(A), by inserting ``or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, including enrollment in a program of distance education, as defined in section 103(7) of the Higher Education Act of 1965 (20 U.S.C. 1003(7)),'' after ``assistance,''. (b) Responsibilities of Institutions Under Higher Education Act of 1965.-- (1) In general.--Section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as follows: ``(23)(A)(i) The institution will ensure that an appropriate staff person or office is designated publicly as a `Campus Vote Coordinator' and will ensure that such person's or office's contact information is included on the institution's website. ``(ii) Not fewer than twice during each calendar year (beginning with 2021), the Campus Vote Coordinator shall transmit electronically to each student enrolled in the institution (including students enrolled in distance education programs) a message containing the following information: ``(I) Information on the location of polling places in the jurisdiction in which the institution is located, together with information on available methods of transportation to and from such polling places. ``(II) A referral to a government-affiliated website or online platform which provides centralized voter registration information for all States, including access to applicable voter registration forms and information to assist individuals who are not registered to vote in registering to vote. ``(III) Any additional voter registration and voting information the Coordinator considers appropriate, in consultation with the appropriate State election official. ``(iii) In addition to transmitting the message described in clause (ii) not fewer than twice during each calendar year, the Campus Vote Coordinator shall transmit the message under such clause, and shall include on the institution's website and boost awareness on the institution's social media platforms, not fewer than 30 days prior to the deadline for registering to vote for any election for Federal, State, or local office in the State. ``(B) If the institution in its normal course of operations requests each student registering for enrollment in a course of study, including students registering for enrollment in a program of distance education, to affirm whether or not the student is a United States citizen, the institution will comply with the applicable requirements for a contributing agency under the Automatic Voter Registration Act of 2021. ``(C) If the institution is not described in subparagraph (B), the institution will comply with the requirements for a voter registration agency in the State in which it is located in accordance with section 7 of the National Voter Registration Act of 1993 (52 U.S.C. 20506). ``(D) This paragraph applies only with respect to an institution which is located in a State to which section 4(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)) does not apply.''. (2) Effective date.--The amendments made by this subsection shall apply with respect to elections held on or after January 1, 2022. (c) Grants to Institutions Demonstrating Excellence in Student Voter Registration.-- (1) Grants authorized.--The Secretary of Education may award competitive grants to public and private nonprofit institutions of higher education that are subject to the requirements of section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (a), and that the Secretary determines have demonstrated excellence in registering students to vote in elections for public office beyond meeting the minimum requirements of such section. (2) Eligibility.--An institution of higher education is eligible to receive a grant under this subsection if the institution submits to the Secretary of Education, at such time and in such form as the Secretary may require, an application containing such information and assurances as the Secretary may require to make the determination described in paragraph (1), including information and assurances that the institution carried out activities to promote voter registration by students, such as the following: (A) Sponsoring large on-campus voter mobilization efforts. (B) Engaging the surrounding community in nonpartisan voter registration and get out the vote efforts, including initiatives to facilitate the enfranchisement of groups of individuals that have historically faced barriers to voting. (C) Creating a website for students with centralized information about voter registration and election dates. (D) Inviting candidates to speak on campus. (E) Offering rides to students to the polls to increase voter education, registration, and mobilization. (3) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary to award grants under this subsection. Of the funds appropriated, the Secretary shall ensure that 25 percent is reserved for Minority Institutions described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)). (d) Sense of Congress Relating to Option of Students To Register in Jurisdiction of Institution of Higher Education or Jurisdiction of Domicile.--It is the sense of Congress that, as provided under existing law, students who attend an institution of higher education and reside in the jurisdiction of the institution while attending the institution should have the option of registering to vote, without being subjected to intimidation or deceptive practices, in elections for Federal office in that jurisdiction or in the jurisdiction of their own domicile. SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING PLACE CHANGES. (a) Requirements.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a), is amended-- (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: ``(f) Minimum Notification Requirements for Voters Affected by Polling Place Changes.-- ``(1) In general.--If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote-- ``(A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election or the first day of an early voting period (whichever occurs first); or ``(B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election. ``(2) Methods of notification.--The State shall notify an individual under subparagraph (A) of paragraph (1) by mail, telephone, and (if available) text message and electronic mail, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction. ``(3) Placement of signs at closed polling places.--If a location which served as a polling place in an election for Federal office does not serve as a polling place in the next election for Federal office held in the jurisdiction involved, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information, taking into consideration factors which include the linguistic preferences of voters in the jurisdiction: ``(A) A statement that the location is not serving as a polling place in the election. ``(B) The locations serving as polling places in the election in the jurisdiction involved. ``(C) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. ``(4) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2021.''. (b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C. 21082(g)), as redesignated by subsection (a) and as amended by section 1601(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting ``(d)(2), (e)(2), and (f)(4)''. SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS FOR VOTING. (a) Permitting Use of Statement.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET IDENTIFICATION REQUIREMENTS. ``(a) Use of Statement.-- ``(1) In general.--Except as provided in subsection (c), if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, the State shall permit the individual to meet the requirement-- ``(A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity and attesting that the individual is eligible to vote in the election; or ``(B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). ``(2) Development of pre-printed version of statement by commission.--The Commission shall develop a pre-printed version of the statement described in paragraph (1)(A) which includes a blank space for an individual to provide a name and signature for use by election officials in States which are subject to paragraph (1). ``(3) Providing pre-printed copy of statement.--A State which is subject to paragraph (1) shall-- ``(A) make copies of the pre-printed version of the statement described in paragraph (1)(A) which is prepared by the Commission available at polling places for election officials to distribute to individuals who desire to vote in person; and ``(B) include a copy of such pre-printed version of the statement with each blank absentee or other ballot transmitted to an individual who desires to vote by mail. ``(b) Requiring Use of Ballot in Same Manner as Individuals Presenting Identification.--An individual who presents or submits a sworn written statement in accordance with subsection (a)(1) shall be permitted to cast a ballot in the election in the same manner as an individual who presents identification. ``(c) Exception for First-Time Voters Registering by Mail.-- Subsections (a) and (b) do not apply with respect to any individual described in paragraph (1) of section 303(b) who is required to meet the requirements of paragraph (2) of such section.''. (b) Requiring States To Include Information on Use of Sworn Written Statement in Voting Information Material Posted at Polling Places.-- Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by section 1072(b) and section 1202(b), is amended-- (1) by striking ``and'' at the end of subparagraph (G); (2) by striking the period at the end of subparagraph (H) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(I) in the case of a State that has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, information on how an individual may meet such requirement by presenting a sworn written statement in accordance with section 303A.''. (c) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Permitting use of sworn written statement to meet identification requirements.''. (e) Effective Date.--The amendments made by this section shall apply with respect to elections occurring on or after the date of the enactment of this Act. SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS. (a) Accommodations Described.-- (1) Designation of ballot pickup and collection locations.--Given the widespread lack of residential mail delivery in Indian Country, an Indian Tribe may designate buildings as ballot pickup and collection locations with respect to an election for Federal office at no cost to the Indian Tribe. An Indian Tribe may designate one building per precinct located within Indian lands. The applicable State or political subdivision shall collect ballots from those locations. The applicable State or political subdivision shall provide the Indian Tribe with accurate precinct maps for all precincts located within Indian lands 60 days before the election. (2) Provision of mail-in and absentee ballots.--The State or political subdivision shall provide mail-in and absentee ballots with respect to an election for Federal office to each individual who is registered to vote in the election who resides on Indian lands in the State or political subdivision involved without requiring a residential address or a mail-in or absentee ballot request. (3) Use of designated building as residential and mailing address.--The address of a designated building that is a ballot pickup and collection location with respect to an election for Federal office may serve as the residential address and mailing address for voters living on Indian lands if the tribally designated building is in the same precinct as that voter. If there is no tribally designated building within a voter's precinct, the voter may use another tribally designated building within the Indian lands where the voter is located. Voters using a tribally designated building outside of the voter's precinct may use the tribally designated building as a mailing address and may separately designate the voter's appropriate precinct through a description of the voter's address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations. (4) Language accessibility.--In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or political subdivision shall provide absentee or mail-in voting materials with respect to an election for Federal office in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by subsection (b). (5) Clarification.--Nothing in this section alters the ability of an individual voter residing on Indian lands to request a ballot in a manner available to all other voters in the State. (6) Definitions.--In this section: (A) Election for federal office.--The term ``election for Federal office'' means a general, special, primary or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (B) Indian.--The term ``Indian'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (C) Indian lands.--The term ``Indian lands'' includes-- (i) any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code; (ii) any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602)); (iii) any land on which the seat of the Tribal Government is located; and (iv) any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census. (D) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (E) Tribal government.--The term ``Tribal Government'' means the recognized governing body of an Indian Tribe. (7) Enforcement.-- (A) Attorney general.--The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this subsection. (B) Private right of action.-- (i) A person or Tribal Government who is aggrieved by a violation of this subsection may provide written notice of the violation to the chief election official of the State involved. (ii) An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this subsection, if-- (I) that person or Tribal Government provides the notice described in clause (i); and (II)(aa) in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i); or (bb) in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under clause (i). (iii) In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under clause (i). (b) Bilingual Election Requirements.--Section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is amended-- (1) in subsection (b)(3)(C)), by striking ``1990'' and inserting ``2010''; and (2) by striking subsection (c) and inserting the following: ``(c) Provision of Voting Materials in the Language of a Minority Group.-- ``(1) In general.--Whenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language. ``(2) Exceptions.-- ``(A) In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall only be required to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting. ``(B) In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall only be required to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language. ``(3) Written translations for election workers.-- Notwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform.''. (c) Effective Date.--This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. SEC. 1905. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE. (a) Establishment and Operation of Systems and Services.-- (1) State-based response systems.--The Attorney General shall coordinate the establishment of a State-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to register to vote, in elections for Federal office. Such system shall provide-- (A) State-specific, same-day, and immediate assistance to such individuals, including information on how to register to vote, the location and hours of operation of polling places, and how to obtain absentee ballots; and (B) State-specific, same-day, and immediate assistance to individuals encountering problems with registering to vote or voting, including individuals encountering intimidation or deceptive practices. (2) Hotline.--The Attorney General, in consultation with State election officials, shall establish and operate a toll- free telephone service, using a telephone number that is accessible throughout the United States and that uses easily identifiable numerals, through which individuals throughout the United States-- (A) may connect directly to the State-based response system described in paragraph (1) with respect to the State involved; (B) may obtain information on voting in elections for Federal office, including information on how to register to vote in such elections, the locations and hours of operation of polling places, and how to obtain absentee ballots; and (C) may report information to the Attorney General on problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression. (3) Collaboration with state and local election officials.-- (A) Collection of information from states.--The Attorney General shall coordinate the collection of information on State and local election laws and policies, including information on the statewide computerized voter registration lists maintained under title III of the Help America Vote Act of 2002, so that individuals who contact the free telephone service established under paragraph (2) on the date of an election for Federal office may receive an immediate response on that day. (B) Forwarding questions and complaints to states.--If an individual contacts the free telephone service established under paragraph (2) on the date of an election for Federal office with a question or complaint with respect to a particular State or jurisdiction within a State, the Attorney General shall forward the question or complaint immediately to the appropriate election official of the State or jurisdiction so that the official may answer the question or remedy the complaint on that date. (4) Consultation requirements for development of systems and services.--The Attorney General shall ensure that the State-based response system under paragraph (1) and the free telephone service under paragraph (2) are each developed in consultation with civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations, especially those that have experience in the operation of similar systems and services. (b) Use of Service by Individuals With Disabilities and Individuals With Limited English Language Proficiency.--The Attorney General shall design and operate the telephone service established under this section in a manner that ensures that individuals with disabilities are fully able to use the service, and that assistance is provided in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (c) Voter Hotline Task Force.-- (1) Appointment by attorney general.--The Attorney General shall appoint individuals (in such number as the Attorney General considers appropriate but in no event fewer than 3) to serve on a Voter Hotline Task Force to provide ongoing analysis and assessment of the operation of the telephone service established under this section, and shall give special consideration in making appointments to the Task Force to individuals who represent civil rights organizations. At least one member of the Task Force shall be a representative of an organization promoting voting rights or civil rights which has experience in the operation of similar telephone services or in protecting the rights of individuals to vote, especially individuals who are members of racial, ethnic, or linguistic minorities or of communities who have been adversely affected by efforts to suppress voting rights. (2) Eligibility.--An individual shall be eligible to serve on the Task Force under this subsection if the individual meets such criteria as the Attorney General may establish, except that an individual may not serve on the task force if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression. (3) Term of service.--An individual appointed to the Task Force shall serve a single term of 2 years, except that the initial terms of the members first appointed to the Task Force shall be staggered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in the membership of the Task Force shall be filled in the same manner as the original appointment. (4) No compensation for service.--Members of the Task Force shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (d) Bi-Annual Report to Congress.--Not later than March 1 of each odd-numbered year, the Attorney General shall submit a report to Congress on the operation of the telephone service established under this section during the previous 2 years, and shall include in the report-- (1) an enumeration of the number and type of calls that were received by the service; (2) a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression, together with a description of any actions taken in response to such instances of voter intimidation or suppression; (3) an assessment of the effectiveness of the service in making information available to all households in the United States with telephone service; (4) any recommendations developed by the Task Force established under subsection (c) with respect to how voting systems may be maintained or upgraded to better accommodate voters and better ensure the integrity of elections, including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements; and (5) any recommendations on best practices for the State- based response systems established under subsection (a)(1). (e) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to the Attorney General for fiscal year 2021 and each succeeding fiscal year such sums as may be necessary to carry out this section. (2) Set-aside for outreach.--Of the amounts appropriated to carry out this section for a fiscal year pursuant to the authorization under paragraph (1), not less than 15 percent shall be used for outreach activities to make the public aware of the availability of the telephone service established under this section, with an emphasis on outreach to individuals with disabilities and individuals with limited proficiency in the English language. SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING PLACES. (a) In General.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), and section 1623(a), is amended-- (1) by redesignating sections 310 and 311 as sections 311 and 312; and (2) by inserting after section 309 the following new section: ``SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING PLACES. ``(a) Preventing Unreasonable Waiting Times for Voters.-- ``(1) In general.--Each State shall provide a sufficient number of voting systems, poll workers, and other election resources (including physical resources) at a polling place used in any election for Federal office, including a polling place at which individuals may cast ballots prior to the date of the election, to ensure-- ``(A) a fair and equitable waiting time for all voters in the State; and ``(B) that no individual will be required to wait longer than 30 minutes to cast a ballot at the polling place. ``(2) Criteria.--In determining the number of voting systems, poll workers, and other election resources provided at a polling place for purposes of paragraph (1), the State shall take into account the following factors: ``(A) The voting age population. ``(B) Voter turnout in past elections. ``(C) The number of voters registered. ``(D) The number of voters who have registered since the most recent Federal election. ``(E) Census data for the population served by the polling place, such as the proportion of the voting-age population who are under 25 years of age or who are naturalized citizens. ``(F) The needs and numbers of voters with disabilities and voters with limited English proficiency. ``(G) The type of voting systems used. ``(H) The length and complexity of initiatives, referenda, and other questions on the ballot. ``(I) Such other factors, including relevant demographic factors relating to the population served by the polling place, as the State considers appropriate. ``(3) Rule of construction.--Nothing in this subsection may be construed to authorize a State to meet the requirements of this subsection by closing any polling place, prohibiting an individual from entering a line at a polling place, or refusing to permit an individual who has arrived at a polling place prior to closing time from voting at the polling place. ``(4) Guidelines.--Not later than 180 days after the date of the enactment of this section, the Commission shall establish and publish guidelines to assist States in meeting the requirements of this subsection. ``(5) Effective date.--This subsection shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this subsection, without regard to whether or not the Commission has established and published guidelines under paragraph (4). ``(b) Limiting Variations on Number of Hours of Operation of Polling Places Within a State.-- ``(1) Limitation.-- ``(A) In general.--Except as provided in subparagraph (B) and paragraph (2), each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that the polling place with the greatest number of hours of operation on such date is not in operation for more than 2 hours longer than the polling place with the fewest number of hours of operation on such date. ``(B) Permitting variance on basis of population.-- Subparagraph (A) does not apply to the extent that the State establishes variations in the hours of operation of polling places on the basis of the overall population or the voting age population (as the State may select) of the unit of local government in which such polling places are located. ``(2) Exceptions for polling places with hours established by units of local government.--Paragraph (1) does not apply in the case of a polling place-- ``(A) whose hours of operation are established, in accordance with State law, by the unit of local government in which the polling place is located; or ``(B) which is required pursuant to an order by a court to extend its hours of operation beyond the hours otherwise established. ``(c) Minimum Hours of Operation Outside of Typical Working Hours.--Each State shall establish hours of operation for all polling places in the State on the date of any election for Federal office held in the State such that no polling place is open for less than a total of 4 hours outside of the hours between 9:00 a.m. and 5:00 p.m. in time zone in which the polling place is located.''. (b) Study of Methods To Enforce Fair and Equitable Waiting Times.-- (1) Study.--The Election Assistance Commission and the Comptroller General of the United States shall conduct a joint study of the effectiveness of various methods of enforcing the requirements of section 310(a) of the Help America Vote Act of 2002, as added by subsection (a), including methods of best allocating resources to jurisdictions which have had the most difficulty in providing a fair and equitable waiting time at polling places to all voters, and to communities of color in particular. (2) Report.--Not later than 18 months after the date of the enactment of this Act, the Election Assistance Commission and the Comptroller General of the United States shall publish and submit to Congress a report on the study conducted under paragraph (1). (c) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), and section 1623(a), is amended-- (1) by redesignating the items relating to sections 310 and 311 as relating to sections 311 and 312; and (2) by inserting after the item relating to section 309 the following new item: ``Sec. 310. Ensuring equitable and efficient operation of polling places.''. SEC. 1907. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), and section 1906(a), is amended-- (1) by redesignating sections 311 and 312 as sections 312 and 313; and (2) by inserting after section 310 the following new section: ``SEC. 311. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS. ``(a) Requiring Use of Drop Boxes.--In each county in the State, each State shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted absentee ballots in an election for Federal office. ``(b) Minimum Period for Availability of Drop Boxes.--The period described in this subsection is, with respect to an election, the period which begins 45 days before the date of the election and which ends at the time the polls close for the election in the county involved. ``(c) Accessibility.-- ``(1) In general.--Each State shall ensure that the drop boxes provided under this section are accessible for use-- ``(A) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of the State; ``(B) by individuals with limited proficiency in the English language; and ``(C) by homeless individuals (as defined in section 103 of the McKinney-Vento Homeless Assistance Act of 1987 (42 U.S.C. 11302)) of the State. ``(2) Determination of accessibility for individuals with disabilities.--For purposes of this subsection, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. ``(3) Rule of construction.--If a State provides a drop box under this section on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language. ``(d) Number of Drop Boxes.-- ``(1) Formula for determination of number.--The number of drop boxes provided under this section in a county with respect to an election shall be determined as follows: ``(A) In the case of a county in which the number of individuals who are residents of the county and who are registered to vote in the election is equal to or greater than 20,000, the number of drop boxes shall be a number equal to or greater than the number of such individuals divided by 20,000 (rounded to the nearest whole number). ``(B) In the case of any other county, the number of drop boxes shall be equal to or greater than one. ``(C) The State shall ensure that the number of drop boxes provided is sufficient to provide a reasonable opportunity for voters to submit their voted ballots in a timely manner. ``(2) Timing.--For purposes of this subsection, the number of individuals who reside in a county and who are registered to vote in the election shall be determined as of the 90th day before the date of the election. ``(e) Location of Drop Boxes.--The State shall determine the location of drop boxes provided under this section in a county on the basis of criteria which ensure that the drop boxes are-- ``(1) available to all voters on a non-discriminatory basis; ``(2) accessible to voters with disabilities (in accordance with subsection (c)); ``(3) accessible by public transportation to the greatest extent possible; ``(4) available during all hours of the day; ``(5) sufficiently available in all communities in the county, including rural communities and on Tribal lands within the county (subject to subsection (f)); and ``(6) geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner. ``(f) Rules for Drop Boxes on Tribal Lands.--In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a county, the appropriate State and local election officials shall-- ``(1) consult with Tribal leaders prior to making the determination; and ``(2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. ``(g) Timing of Scanning and Processing of Ballots.--For purposes of section 306(e) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as any other vote cast during early voting. ``(h) Posting of Information.--On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. ``(i) Remote Surveillance Permitted.--The State may provide for the security of drop boxes through remote or electronic surveillance. ``(j) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), and section 1906(c), is amended-- (1) by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313; and (2) by inserting after the item relating to section 310 the following new item: ``Sec. 311. Use of secured drop boxes for voted absentee ballots.''. SEC. 1908. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), section 1906(a), and section 1907(a), is amended-- (1) by redesignating sections 312 and 313 as sections 313 and 314; and (2) by inserting after section 311 the following new section: ``SEC. 312. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING. ``(a) Prohibition.--A State may not-- ``(1) prohibit any jurisdiction administering an election for Federal office in the State from utilizing curbside voting as a method by which individuals may cast ballots in the election; or ``(2) impose any restrictions which would exclude any individual who is eligible to vote in such an election in a jurisdiction which utilizes curbside voting from casting a ballot in the election by the method of curbside voting. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), section 1906(c), and section 1907(b), is amended-- (1) by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314; and (2) by inserting after the item relating to section 311 the following new item: ``Sec. 312. Prohibiting States from restricting curbside voting.''. SEC. 1909. ELECTION DAY AS LEGAL PUBLIC HOLIDAY. (a) In General.--Section 6103(a) of title 5, United States Code, is amended by inserting after the item relating to Columbus Day the following: ``Election Day, the Tuesday next after the first Monday in November of every even-numbered year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the regularly scheduled general elections for Federal office held in November 2022 or any succeeding year. SEC. 1910. GAO STUDY ON VOTER TURNOUT RATES. The Comptroller General of the United States shall conduct a study on voter turnout rates delineated by age in States and localities that permit voters to participate in elections before reaching the age of 18, with a focus on localities that permit voting upon reaching the age of 16. SEC. 1910A. STUDY ON RANKED-CHOICE VOTING. (a) Study.--The Comptroller General shall conduct a study on the implementation and impact of ranked-choice voting in States and localities with a focus on how to best implement a model for Federal elections nationwide. The study shall include the impact on voter turnout, negative campaigning, and who decides to run for office. (b) Report.--Not later than 1 year after the date of enactment of this section, the Comptroller General shall transmit to Congress a report on the study conducted under subsection (a), including any recommendations on how to best implement a ranked-choice voting for Federal elections nationwide. PART 2--DISASTER AND EMERGENCY CONTINGENCY PLANS SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN RESPONSE TO NATURAL DISASTERS AND EMERGENCIES. (a) In General.-- (1) Establishment.--Not later than 90 days after the date of the enactment of this Act, each State and each jurisdiction in a State which is responsible for administering elections for Federal office shall establish and make publicly available a contingency plan to enable individuals to vote in elections for Federal office during a state of emergency, public health emergency, or national emergency which has been declared for reasons including-- (A) a natural disaster; or (B) an infectious disease. (2) Updating.--Each State and jurisdiction shall update the contingency plan established under this subsection not less frequently than every 5 years. (b) Requirements Relating to Safety.--The contingency plan established under subsection (a) shall include initiatives to provide equipment and resources needed to protect the health and safety of poll workers and voters when voting in person. (c) Requirements Relating to Recruitment of Poll Workers.--The contingency plan established under subsection (a) shall include initiatives by the chief State election official and local election officials to recruit poll workers from resilient or unaffected populations, which may include-- (1) employees of other State and local government offices; and (2) in the case in which an infectious disease poses significant increased health risks to elderly individuals, students of secondary schools and institutions of higher education in the State. (d) Enforcement.-- (1) Attorney general.--The Attorney General may bring a civil action against any State or jurisdiction in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to carry out the requirements of this section. (2) Private right of action.-- (A) In general.--In the case of a violation of this section, any person who is aggrieved by such violation may provide written notice of the violation to the chief election official of the State involved. (B) Relief.--If the violation is not corrected within 20 days after receipt of a notice under subparagraph (A), or within 5 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. (C) Special rule.--If the violation occurred within 5 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State involved under subparagraph (A) before bringing a civil action under subparagraph (B). (e) Definitions.-- (1) Election for federal office.--For purposes of this section, the term ``election for Federal office'' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (2) State.--For purposes of this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. PART 3--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION. Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is amended-- (1) by striking ``for each of the fiscal years 2003 through 2005'' and inserting ``for fiscal year 2021 and each succeeding fiscal year''; and (2) by striking ``(but not to exceed $10,000,000 for each such year)''. SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION SURVEYS. (a) Requirement.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1903(a), is further amended by inserting after section 303A the following new section: ``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS. ``(a) Requirement.--Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office. ``(b) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and any succeeding election.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1903(c), is further amended by inserting after the item relating to section 303A the following new item: ``Sec. 303B. Requiring participation in post-general election surveys.''. SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE COMMISSION. (a) Requiring Reports on Use Funds as Condition of Receipt.-- Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the following new subsection: ``(e) Report on Use of Funds Transferred From Commission.--To the extent that funds are transferred from the Commission to the Director of the National Institute of Standards and Technology for purposes of carrying out this section during any fiscal year, the Director may not use such funds unless the Director certifies at the time of transfer that the Director will submit a report to the Commission not later than 90 days after the end of the fiscal year detailing how the Director used such funds during the year.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2022 and each succeeding fiscal year. SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE COMMISSION. (a) Assessment of Information Technology and Cybersecurity.--Not later than December 31, 2021, the Election Assistance Commission shall carry out an assessment of the security and effectiveness of the Commission's information technology systems, including the cybersecurity of such systems. (b) Improvements to Administrative Complaint Procedures.-- (1) Review of procedures.--The Election Assistance Commission shall carry out a review of the effectiveness and efficiency of the State-based administrative complaint procedures established and maintained under section 402 of the Help America Vote Act of 2002 (52 U.S.C. 21112) for the investigation and resolution of allegations of violations of title III of such Act. (2) Recommendations to streamline procedures.--Not later than December 31, 2021, the Commission shall submit to Congress a report on the review carried out under paragraph (1), and shall include in the report such recommendations as the Commission considers appropriate to streamline and improve the procedures which are the subject of the review. SEC. 1925. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS. (a) In General.--Section 205 of the Help America Vote Act of 2002 (52 U.S.C. 20925) is amended by striking subsection (e). (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to contracts entered into by the Election Assistance Commission on or after the date of the enactment of this Act. PART 4--MISCELLANEOUS PROVISIONS SEC. 1931. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO TERRITORIES OF THE UNITED STATES. (a) National Voter Registration Act of 1993.--Section 3(4) of the National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended by striking ``States and the District of Columbia'' and inserting ``States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. (b) Help America Vote Act of 2002.-- (1) Coverage of commonwealth of the northern mariana islands.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. (2) Conforming amendments to help america vote act of 2002.--Such Act is further amended as follows: (A) The second sentence of section 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended by striking ``and American Samoa'' and inserting ``American Samoa, and the Commonwealth of the Northern Mariana Islands''. (B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is amended by striking ``or the United States Virgin Islands'' and inserting ``the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands''. (3) Conforming amendment relating to consultation of help america vote foundation with local election officials.--Section 90102(c) of title 36, United States Code, is amended by striking ``and the United States Virgin Islands'' and inserting ``the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands''. SEC. 1932. DEFINITION OF ELECTION FOR FEDERAL OFFICE. (a) Definition.--Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section: ``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. ``For purposes of titles I through III, the term `election for Federal office' means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.''. (b) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title IX the following new item: ``Sec. 907. Election for Federal office defined.''. SEC. 1933. AUTHORIZING PAYMENTS TO VOTING ACCESSIBILITY PROTECTION AND ADVOCACY SYSTEMS SERVING THE AMERICAN INDIAN CONSORTIUM. (a) Recipients Defined.--Section 291 of the Help America Vote Act of 2002 (52 U.S.C. 21061) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: ``(c) American Indian Consortium Eligibility.--A system serving the American Indian Consortium for which funds have been reserved under section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)) shall be eligible for payments under subsection (a) in the same manner as a protection and advocacy system of a State.''. (b) Grant Minimums for American Indian Consortium.--Section 291(b) of such Act (52 U.S.C. 21061(b)) is amended-- (1) by inserting ``(c)(1)(B),'' after ``as set forth in subsections''; and (2) by striking ``subsections (c)(3)(B) and (c)(4)(B) of that section shall be not less than $70,000 and $35,000, respectively'' and inserting ``subsection (c)(3)(B) shall not be less than $70,000, and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) shall not be less than $35,000''. (c) Effective Date.--The amendments made by this section shall take effect at the start of the first fiscal year following the date of enactment of this Act. SEC. 1934. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES OF THE UNITED STATES. (a) Intimidation of Voters.--Section 594 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. (b) Interference by Government Employees.--Section 595 of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. (c) Voting by Noncitizens.--Section 611(a) of title 18, United States Code, is amended by striking ``Delegate from the District of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or Resident Commissioner to the Congress''. SEC. 1935. PLACEMENT OF STATUES OF CITIZENS OF TERRITORIES OF THE UNITED STATES IN STATUARY HALL. (a) In General.--Section 1814 of the Revised Statutes of the United States (2 U.S.C. 2131) is amended by adding at the end the following new sentence: ``For purposes of this section, the term `State' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands, and the term `citizen' includes a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. (b) Conforming Amendment Relating to Procedures for Replacement of Statues.--Section 311 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132) is amended by adding at the end the following new subsection: ``(f) For purposes of this section, the term `State' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.''. SEC. 1936. NO EFFECT ON OTHER LAWS. (a) In General.--Except as specifically provided, nothing in this title may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws: (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) The Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.). (3) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). (4) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.). (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). (b) No Effect on Preclearance or Other Requirements Under Voting Rights Act.--The approval by any person of a payment or grant application under this title, or any other action taken by any person under this title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act of 1965 (52 U.S.C. 10304) or any other requirements of such Act. (c) No Effect on Authority of States To Provide Greater Opportunities for Voting.--Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. SEC. 1937. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER REGISTRATION. To the extent that any provision of this title or any amendment made by this title imposes a requirement on a State relating to registering individuals to vote in elections for Federal office, such provision shall not apply in the case of any State in which, under law that is in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for any voter in the State with respect to an election for Federal office. PART 5--VOTER NOTICE SEC. 1941. SHORT TITLE. This part may be cited as the ``Voter Notification of Timely Information about Changes in Elections Act'' or the ``Voter Notice Act''. SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN EVENT OF CHANGES IN ELECTIONS IN RESPONSE TO EMERGENCIES. (a) Requirement for Election Officials to Conduct Campaigns.-- Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as amended by section 1601(a) and section 1901(a), is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection: ``(g) Public Education Campaigns in Event of Changes in Elections in Response to Emergencies.-- ``(1) Requirement.--If the administration of an election for Federal office, including the methods of voting or registering to vote in the election, is changed in response to an emergency affecting public health and safety, the appropriate State or local election official shall conduct a public education campaign through at least one direct mailing to each individual who is registered to vote in the election, and through additional direct mailings, newspaper advertisements, broadcasting (including through television, radio, satellite, and the Internet), and social media, to notify individuals who are eligible to vote or to register to vote in the election of the changes. ``(2) Frequency and methods of providing information.--The election official shall carry out the public education campaign under this subsection at such frequency, and using such methods, as will have the greatest likelihood of providing timely knowledge of the change in the administration of the election to those individuals who will be most adversely affected by the change. ``(3) Language accessibility.--In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), the appropriate election official shall ensure that the information disseminated under a public education campaign conducted under this subsection is provided in the language of the applicable minority group as well as in the English language, as required by section 203 of such Act. ``(4) Effective date.--This subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Effective Date.--Section 302(h) of such Act (52 U.S.C. 21082(h)), as redesignated by subsection (a) and as amended by section 1601(b) and section 1901(b), is amended by striking ``and (f)(4)'' and inserting ``(f)(4), and (g)(4)''. SEC. 1943. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), section 1906(a), section 1907(a), and 1908(a), is amended-- (1) by redesignating sections 313 and 314 as sections 314 and 315; and (2) by inserting after section 312 the following new section: ``SEC. 313. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS. ``(a) Accessibility.--Each State and local election official shall ensure that the official public website of the official is fully accessible for individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation as the website provides for other individuals. ``(b) Continuing Operation in Case of Emergencies.-- ``(1) Establishment of best practices.-- ``(A) In general.--The Director of the National Institute of Standards and Technology shall establish and regularly update best practices for ensuring the continuing operation of the official public websites of State and local election officials during emergencies affecting public health and safety. ``(B) Deadline.--The Director shall first establish the best practices required under this paragraph as soon as practicable after the date of the enactment of this section, but in no case later than August 15, 2021. ``(2) Requiring websites to meet best practices.--Each State and local election official shall ensure that the official public website of the official is in compliance with the best practices established by the Director of the National Institute of Standards and Technology under paragraph (2). ``(c) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Adoption of Voluntary Guidance by Election Assistance Commission.--Section 321(b) of such Act (52 U.S.C. 21101(b)), as redesignated and amended by section 1101(b) and section 1611(b), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(6) in the case of the recommendations with respect to section 304, as soon as practicable after the date of the enactment of this paragraph, but in no case later than August 15, 2021.''. (c) Clerical Amendment.--The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), section 1906(c), section 1907(b), and section 1908(b), is amended-- (1) by redesignating the items relating to sections 313 and 314 as relating to sections 314 and 315; and (2) by inserting after the item relating to section 312 the following new item: ``Sec. 313. Requirements for websites of election officials.''. SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO STATES FOR COSTS OF COMPLIANCE. (b) Availability of Payments.--Title IX of the Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end the following new section: ``SEC. 907. PAYMENTS FOR COSTS OF COMPLIANCE WITH CERTAIN REQUIREMENTS RELATING TO PUBLIC NOTIFICATION. ``(a) Payments.-- ``(1) Availability and use of payments.--The Commission shall make a payment to each eligible State to cover the costs the State incurs or expects to incur in meeting the requirements of section 302(g) (relating to public education campaigns in event of changes in elections in response to emergencies) and section 313 (relating to requirements for the websites of election officials). ``(2) Schedule of payments.--As soon as practicable after the date of the enactment of this section, and not less frequently than once each calendar year thereafter, the Commission shall make payments under this section. ``(3) Administration of payments.--The chief State election official of the State shall receive the payment made to a State under this section, and may use the payment for the purposes set forth in this section without intervening action by the legislature of the State. ``(b) Amount of Payment.-- ``(1) In general.--The amount of a payment made to an eligible State for a year under this section shall be determined by the Commission on the basis of the information provided by the State in its application under subsection (c). ``(2) Continuing availability of funds after appropriation.--A payment made to an eligible State under this section shall be available without fiscal year limitation. ``(c) Requirements for Eligibility.-- ``(1) Application.--Each State that desires to receive a payment under this section for a fiscal year shall submit an application for the payment to the Commission at such time and in such manner and containing such information as the Commission shall require. ``(2) Contents of application.--Each application submitted under paragraph (1) shall-- ``(A) describe the activities for which assistance under this section is sought; and ``(B) provide an estimate of the costs the State has incurred or expects to incur in carrying out the provisions described in subsection (a), together with such additional information and certifications as the Commission determines to be essential to ensure compliance with the requirements of this section. ``(d) Authorization of Appropriations.--There are authorized to be appropriated for payments under this section such sums as may be necessary for each of the fiscal years 2022 through 2025. ``(e) Reports.-- ``(1) Reports by recipients.--Not later than the 6 months after the end of each fiscal year for which an eligible State received a payment under this section, the State shall submit a report to the Commission on the activities conducted with the funds provided during the year. ``(2) Reports by commission to committees.--With respect to each fiscal year for which the Commission makes payments under this section, the Commission shall submit a report on the activities carried out under this part to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate.''. (c) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the items relating to title IX the following: ``Sec. 907. Payments for costs of compliance with certain requirements relating to public notification.''. Subtitle O--Severability SEC. 1951. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE II--ELECTION INTEGRITY Subtitle A--Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act Sec. 2001. Findings reaffirming commitment of Congress to restore the Voting Rights Act. Subtitle B--Findings Relating to Native American Voting Rights Sec. 2101. Findings relating to Native American voting rights. Subtitle C--Findings Relating to District of Columbia Statehood Sec. 2201. Findings relating to District of Columbia statehood. Subtitle D--Territorial Voting Rights Sec. 2301. Findings relating to territorial voting rights. Sec. 2302. Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States. Subtitle E--Redistricting Reform Sec. 2400. Short title; finding of constitutional authority. Part 1--Requirements for Congressional Redistricting Sec. 2401. Requiring congressional redistricting to be conducted through plan of independent State commission. Sec. 2402. Ban on mid-decade redistricting. Sec. 2403. Criteria for redistricting. Part 2--Independent Redistricting Commissions Sec. 2411. Independent redistricting commission. Sec. 2412. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2413. Public notice and input. Sec. 2414. Establishment of related entities. Sec. 2415. Report on diversity of memberships of independent redistricting commissions. Part 3--Role of Courts in Development of Redistricting Plans Sec. 2421. Enactment of plan developed by 3-judge court. Sec. 2422. Special rule for redistricting conducted under order of Federal court. Part 4--Administrative and Miscellaneous Provisions Sec. 2431. Payments to States for carrying out redistricting. Sec. 2432. Civil enforcement. Sec. 2433. State apportionment notice defined. Sec. 2434. No effect on elections for State and local office. Sec. 2435. Effective date. Part 5--Requirements for Redistricting Carried Out Pursuant to 2020 Census subpart a--application of certain requirements for redistricting carried out pursuant to 2020 census Sec. 2441. Application of certain requirements for redistricting carried out pursuant to 2020 Census. Sec. 2442. Triggering events. subpart b--independent redistricting commissions for redistricting carried out pursuant to 2020 census Sec. 2451. Use of independent redistricting commissions for redistricting carried out pursuant to 2020 Census. Sec. 2452. Establishment of selection pool of individuals eligible to serve as members of commission. Sec. 2453. Criteria for redistricting plan; public notice and input. Sec. 2454. Establishment of related entities. Sec. 2455. Report on diversity of memberships of independent redistricting commissions. Subtitle F--Saving Eligible Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G--No Effect on Authority of States To Provide Greater Opportunities for Voting Sec. 2601. No effect on authority of States to provide greater opportunities for voting. Subtitle H--Residence of Incarcerated Individuals Sec. 2701. Residence of incarcerated individuals. Subtitle I--Findings Relating to Youth Voting Sec. 2801. Findings relating to youth voting. Subtitle J--Severability Sec. 2901. Severability. Subtitle A--Findings Reaffirming Commitment of Congress to Restore the Voting Rights Act SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CONGRESS TO RESTORE THE VOTING RIGHTS ACT. (a) Findings.--Congress finds the following: (1) The right to vote for all Americans is a fundamental right guaranteed by the United States Constitution. (2) Federal, State, and local governments should protect the right to vote and promote voter participation across all demographics. (3) The Voting Rights Act has empowered the Department of Justice and Federal courts for nearly a half a century to block discriminatory voting practices before their implementation in States and localities with the most troubling histories, ongoing records of racial discrimination, and demonstrations of lower participation rates for protected classes. (4) There continues to be an alarming movement to erect barriers to make it more difficult for Americans to participate in our Nation's democratic process. The Nation has witnessed unprecedented efforts to turn back the clock and enact suppressive laws that block access to the franchise for communities of color which have faced historic and continuing discrimination, as well as disabled, young, elderly, and low- income Americans. (5) The Supreme Court's decision in Shelby County v. Holder (570 U.S. 529 (2013)), gutted decades-long Federal protections for communities of color and language-minority populations facing ongoing discrimination, emboldening States and local jurisdictions to pass voter suppression laws and implement procedures, like those requiring photo identification, limiting early voting hours, eliminating same-day registration, purging voters from the rolls, and reducing the number of polling places. (6) Racial discrimination in voting is a clear and persistent problem. The actions of States and localities around the country post-Shelby County, including at least 10 findings by Federal courts of intentional discrimination, underscored the need for Congress to conduct investigatory and evidentiary hearings to determine the legislation necessary to restore the Voting Rights Act and combat continuing efforts in America that suppress the free exercise of the franchise in Black and other communities of color. (7) Evidence of discriminatory voting practice spans from decades ago through to the past several election cycles. The 2018 midterm elections, for example, demonstrated ongoing discrimination in voting. (8) During the 116th Congress, congressional committees in the House of Representatives held numerous hearings, collecting substantial testimony and other evidence which underscored the need to pass a restoration of the Voting Rights Act. (9) On December 6, 2019, the House of Representatives passed the John R. Lewis Voting Rights Advancement Act, which would restore and modernize the Voting Rights Act, in accordance with language from the Shelby County decision. Congress reaffirms that the barriers faced by too many voters across this Nation when trying to cast their ballot necessitate reintroduction of many of the protections once afforded by the Voting Rights Act. (10) The 2020 primary and general elections provide further evidence that systemic voter discrimination and intimidation continues to occur in communities of color across the country, making it clear that full access to the franchise will not be achieved until Congress restores key provisions of the Voting Rights Act. (11) As of late-February 2021, 43 States had introduced, prefiled, or carried over 253 bills to restrict voting access that, primarily, limit mail voting access, impose stricter voter ID requirements, slash voter registration opportunities, and/or enable more aggressive voter roll purges. (b) Purposes.--The purposes of this Act are as follows: (1) To improve access to the ballot for all citizens. (2) To establish procedures by which States and localities, in accordance with past actions, submit voting practice changes for preclearance by the Federal Government. (3) To enhance the integrity and security of our voting systems. (4) To ensure greater accountability for the administration of elections by States and localities. (5) To restore protections for voters against practices in States and localities plagued by the persistence of voter disenfranchisement. (6) To ensure that Federal civil rights laws protect the rights of voters against discriminatory and deceptive practices. Subtitle B--Findings Relating to Native American Voting Rights SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOTING RIGHTS. Congress finds the following: (1) The right to vote for all Americans is sacred. Congress must fulfill the Federal Government's trust responsibility to protect and promote Native Americans' exercise of their fundamental right to vote, including equal access to voter registration voting mechanisms and locations, and the ability to serve as election officials. (2) The Native American Voting Rights Coalition's four- State survey of voter discrimination (2016) and nine field hearings in Indian Country (2017-2018) revealed obstacles that Native Americans must overcome, including a lack of accessible and proximate registration and polling sites, nontraditional addresses for residents on Indian reservations, inadequate language assistance for Tribal members, and voter identification laws that discriminate against Native Americans. The Department of Justice and courts have recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized Indian Tribes for more accessible and proximate voter registration sites and in-person voting locations. (3) The 2018 midterm and 2020 general elections provide further evidence that systemic voter discrimination and intimidation continues to occur in communities of color and Tribal lands across the country, making it clear that democracy reform cannot be achieved until Congress restores key provisions of the Voting Rights Act and passes additional protections. (4) Congress has broad, plenary authority to enact legislation to safeguard the voting rights of Native American voters. (5) Congress must conduct investigatory and evidentiary hearings to determine the necessary legislation to restore the Voting Rights Act and combat continuous efforts that suppress the voter franchise within Tribal lands, to include, but not to be limited to, the Native American Voting Rights Act (NAVRA) and the Voting Rights Advancement Act (VRAA). Subtitle C--Findings Relating to District of Columbia Statehood SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA STATEHOOD. Congress finds the following: (1) The 705,000 District of Columbia residents deserve voting representation in Congress and local self-government, which only statehood can provide. (2) The United States is the only democratic country that denies both voting representation in the national legislature and local self-government to the residents of its Nation's capital. (3) There are no constitutional, historical, fiscal, or economic reasons why the Americans who live in the District of Columbia should not be granted statehood. (4) Since the founding of the United States, the residents of the District of Columbia have always carried all of the obligations of citizenship, including serving in all of the Nation's wars and paying Federal taxes, but have been denied voting representation in Congress and freedom from congressional interference in purely local matters. (5) The District of Columbia pays more Federal taxes per capita than any State and more Federal taxes than 22 States. (6) The District of Columbia has a larger population than 2 States (Wyoming and Vermont), and 6 States have a population under one million. (7) The District of Columbia has a larger budget than 12 States. (8) The Constitution of the United States gives Congress the authority to admit new States (clause 1, section 3, article IV) and reduce the size of the seat of the Government of the United States (clause 17, section 8, article I). All 37 new States have been admitted by an Act of Congress, and Congress has previously reduced the size of the seat of the Government of the United States. (9) On June 26, 2020, by a vote of 232-180, the House of Representatives passed H.R. 51, the Washington, D.C. Admission Act, which would have admitted the State of Washington, Douglass Commonwealth from the residential portions of the District of Columbia and reduced the size of the seat of the Government of the United States to the United States Capitol, the White House, the United States Supreme Court, the National Mall, and the principal Federal monuments and buildings. Subtitle D--Territorial Voting Rights SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS. Congress finds the following: (1) The right to vote is one of the most powerful instruments residents of the territories of the United States have to ensure that their voices are heard. (2) These Americans have played an important part in the American democracy for more than 120 years. (3) Political participation and the right to vote are among the highest concerns of territorial residents in part because they were not always afforded these rights. (4) Voter participation in the territories consistently ranks higher than many communities on the mainland. (5) Territorial residents serve and die, on a per capita basis, at a higher rate in every United States war and conflict since WWI, as an expression of their commitment to American democratic principles and patriotism. SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING RIGHTS OF UNITED STATES CITIZEN RESIDENTS OF TERRITORIES OF THE UNITED STATES. (a) Establishment.--There is established within the legislative branch a Congressional Task Force on Voting Rights of United States Citizen Residents of Territories of the United States (in this section referred to as the ``Task Force''). (b) Membership.--The Task Force shall be composed of 12 members as follows: (1) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on Natural Resources of the House of Representatives. (2) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on the Judiciary of the House of Representatives. (3) One Member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives, in coordination with the Chairman of the Committee on House Administration of the House of Representatives. (4) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on Natural Resources of the House of Representatives. (5) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on the Judiciary of the House of Representatives. (6) One Member of the House of Representatives, who shall be appointed by the minority leader of the House of Representatives, in coordination with the ranking minority member of the Committee on House Administration of the House of Representatives. (7) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Energy and Natural Resources of the Senate. (8) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on the Judiciary of the Senate. (9) One Member of the Senate, who shall be appointed by the majority leader of the Senate, in coordination with the Chairman of the Committee on Rules and Administration of the Senate. (10) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on Energy and Natural Resources of the Senate. (11) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on the Judiciary of the Senate. (12) One Member of the Senate, who shall be appointed by the minority leader of the Senate, in coordination with the ranking minority member of the Committee on Rules and Administration of the Senate. (c) Deadline for Appointment.--All appointments to the Task Force shall be made not later than 30 days after the date of enactment of this Act. (d) Chair.--The Speaker shall designate one Member to serve as chair of the Task Force. (e) Vacancies.--Any vacancy in the Task Force shall be filled in the same manner as the original appointment. (f) Status Update.--Between September 1, 2021, and September 30, 2021, the Task Force shall provide a status update to the House of Representatives and the Senate that includes-- (1) information the Task Force has collected; and (2) a discussion on matters that the chairman of the Task Force deems urgent for consideration by Congress. (g) Report.--Not later than December 31, 2021, the Task Force shall issue a report of its findings to the House of Representatives and the Senate regarding-- (1) the economic and societal consequences (through statistical data and other metrics) that come with political disenfranchisement of United States citizens in territories of the United States; (2) impediments to full and equal voting rights for United States citizens who are residents of territories of the United States in Federal elections, including the election of the President and Vice President of the United States; (3) impediments to full and equal voting representation in the House of Representatives for United States citizens who are residents of territories of the United States; (4) recommended changes that, if adopted, would allow for full and equal voting rights for United States citizens who are residents of territories of the United States in Federal elections, including the election of the President and Vice President of the United States; (5) recommended changes that, if adopted, would allow for full and equal voting representation in the House of Representatives for United States citizens who are residents of territories of the United States; and (6) additional information the Task Force deems appropriate. (h) Consensus Views.--To the greatest extent practicable, the report issued under subsection (g) shall reflect the shared views of all 12 Members, except that the report may contain dissenting views. (i) Hearings and Sessions.--The Task Force may, for the purpose of carrying out this section, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Task Force considers appropriate. (j) Stakeholder Participation.--In carrying out its duties, the Task Force shall consult with the governments of American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (k) Resources.--The Task Force shall carry out its duties by utilizing existing facilities, services, and staff of the House of Representatives and the Senate. (l) Termination.--The Task Force shall terminate upon issuing the report required under subsection (g). Subtitle E--Redistricting Reform SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY. (a) Short Title.--This subtitle may be cited as the ``Redistricting Reform Act of 2021''. (b) Finding of Constitutional Authority.--Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. PART 1--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF INDEPENDENT STATE COMMISSION. (a) Use of Plan Required.--Notwithstanding any other provision of law, and except as provided in subsection (c) and subsection (d), any congressional redistricting conducted by a State shall be conducted in accordance with-- (1) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State, in accordance with part 2; or (2) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court, in accordance with section 2421. (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner provided by the law thereof'' and inserting: ``in the manner provided by the Redistricting Reform Act of 2021''. (c) Special Rule for Existing Commissions.--Subsection (a) does not apply to any State in which, under law in effect continuously on and after the date of the enactment of this Act, congressional redistricting is carried out in accordance with a plan developed and approved by an independent redistricting commission which is in compliance with each of the following requirements: (1) Publicly available application process.--Membership on the commission is open to citizens of the State through a publicly available application process. (2) Disqualifications for government service and political appointment.--Individuals who, for a covered period of time as established by the State, hold or have held public office, individuals who are or have been candidates for elected public office, and individuals who serve or have served as an officer, employee, or paid consultant of a campaign committee of a candidate for public office are disqualified from serving on the commission. (3) Screening for conflicts.--Individuals who apply to serve on the commission are screened through a process that excludes persons with conflicts of interest from the pool of potential commissioners. (4) Multi-partisan composition.--Membership on the commission represents those who are affiliated with the two political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State, as well as those who are unaffiliated with any party or who are affiliated with political parties other than the two political parties whose candidates received the most votes in the most recent statewide election for Federal office held in the State. (5) Criteria for redistricting.--Members of the commission are required to meet certain criteria in the map drawing process, including minimizing the division of communities of interest and a ban on drawing maps to favor a political party. (6) Public input.--Public hearings are held and comments from the public are accepted before a final map is approved. (7) Broad-based support for approval of final plan.--The approval of the final redistricting plan requires a majority vote of the members of the commission, including the support of at least one member of each of the following: (A) Members who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) Members who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) Members who are not affiliated with any political party or who are affiliated with political parties other than the political parties described in subparagraphs (A) and (B). (d) Treatment of State of Iowa.--Subsection (a) does not apply to the State of Iowa, so long as congressional redistricting in such State is carried out in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, under law which was in effect for the most recent congressional redistricting carried out in the State prior to the date of the enactment of this Act and which remains in effect continuously on and after the date of the enactment of this Act. SEC. 2402. BAN ON MID-DECADE REDISTRICTING. A State that has been redistricted in accordance with this subtitle and a State described in section 2401(c) or section 2401(d) may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the Constitution of the State, or the terms or conditions of this subtitle. SEC. 2403. CRITERIA FOR REDISTRICTING. (a) Criteria.--Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority: (1) Districts shall comply with the United States Constitution, including the requirement that they equalize total population. (2) Districts shall comply with the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), including by creating any districts where two or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws. (3) Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district's citizen voting age population. (4) Districts shall respect communities of interest, neighborhoods, and political subdivisions to the extent practicable and after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area with recognized similarities of interests, including but not limited to ethnic, racial, economic, tribal, social, cultural, geographic or historic identities. The term communities of interest may, in certain circumstances, include political subdivisions such as counties, municipalities, tribal lands and reservations, or school districts, but shall not include common relationships with political parties or political candidates. (b) No Favoring or Disfavoring of Political Parties.-- (1) Prohibition.--The redistricting plan enacted by a State shall not, when considered on a Statewide basis, be drawn with the intent or the effect of unduly favoring or disfavoring any political party. (2) Determination of effect.-- (A) Totality of circumstances.--For purposes of paragraph (1), the determination of whether a redistricting plan has the effect of unduly favoring or disfavoring a political party shall be based on the totality of circumstances, including evidence regarding the durability and severity of a plan's partisan bias. (B) Plans deemed to have effect of unduly favoring or disfavoring a political party.--Without limiting other ways in which a redistricting plan may be determined to have the effect of unduly favoring or disfavoring a political party under the totality of circumstances under subparagraph (A), a redistricting plan shall be deemed to have the effect of unduly favoring or disfavoring a political party if-- (i) modeling based on relevant historical voting patterns shows that the plan is statistically likely to result in a partisan bias of more than one seat in States with 20 or fewer congressional districts or a partisan bias of more than 2 seats in States with more than 20 congressional districts, as determined using quantitative measures of partisan fairness, which may include, but are not limited to, the seats-to-votes curve for an enacted plan, the efficiency gap, the declination, partisan asymmetry, and the mean- median difference, and (ii) alternative plans, which may include, but are not limited to, those generated by redistricting algorithms, exist that could have complied with the requirements of law and not been in violation of paragraph (1). (3) Determination of intent.--For purposes of paragraph (A), a rebuttable presumption shall exist that a redistricting plan enacted by the legislature of a State was not enacted with the intent of unduly favoring or disfavoring a political party if the plan was enacted with the support of at least a third of the members of the second largest political party in each house of the legislature. (4) No violation based on certain criteria.--No redistricting plan shall be found to be in violation of paragraph (1) because of partisan bias attributable to the application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (a), unless one or more alternative plans could have complied with such paragraphs without having the effect of unduly favoring or disfavoring a political party. (c) Factors Prohibited From Consideration.--In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (a), subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 2413(d): (1) The residence of any Member of the House of Representatives or candidate. (2) The political party affiliation or voting history of the population of a district. (d) Applicability.--This section applies to any authority, whether appointed, elected, judicial, or otherwise, that designs or enacts a congressional redistricting plan of a State. (e) Severability of Criteria.--If any of the criteria set forth in this section, or the application of such criteria to any person or circumstance, is held to be unconstitutional, the remaining criteria set forth in this section, and the application of such criteria to any person or circumstance, shall not be affected by the holding. PART 2--INDEPENDENT REDISTRICTING COMMISSIONS SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION. (a) Appointment of Members.-- (1) In general.--The nonpartisan agency established or designated by a State under section 2414(a) shall establish an independent redistricting commission for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than October 1 of a year ending in the numeral zero, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). (B) Not later than November 15 of a year ending in the numeral zero, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2412(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2412(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2412(b)(1)(C)). (2) Rules for appointment of members appointed by first members.-- (A) Affirmative vote of at least 4 members.--The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1), as well as the designation of alternates for such members pursuant to subparagraph (B) of paragraph (3) and the appointment of alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity.--In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), as well as in designating alternates pursuant to subparagraph (B) of paragraph (3) and in appointing alternates to fill vacancies pursuant to subparagraph (B) of paragraph (4), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State's redistricting plan. (3) Designation of alternates to serve in case of vacancies.-- (A) Members appointed by agency.--At the time the agency appoints the members of the independent redistricting commission under subparagraph (A) of paragraph (1) from each of the categories referred to in such subparagraph, the agency shall, on a random basis, designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (B) Members appointed by first members.--At the time the members appointed by the agency appoint the other members of the independent redistricting commission under subparagraph (B) of paragraph (1) from each of the categories referred to in such subparagraph, the members shall, in accordance with the special rules described in paragraph (2), designate 2 other individuals from such category to serve as alternate members who may be appointed to fill vacancies in the commission in accordance with paragraph (4). (4) Appointment of alternates to serve in case of vacancies.-- (A) Members appointed by agency.--If a vacancy occurs in the commission with respect to a member who was appointed by the nonpartisan agency under subparagraph (A) of paragraph (1) from one of the categories referred to in such subparagraph, the agency shall fill the vacancy by appointing, on a random basis, one of the 2 alternates from such category who was designated under subparagraph (A) of paragraph (3). At the time the agency appoints an alternate to fill a vacancy under the previous sentence, the agency shall designate, on a random basis, another individual from the same category to serve as an alternate member, in accordance with subparagraph (A) of paragraph (3). (B) Members appointed by first members.--If a vacancy occurs in the commission with respect to a member who was appointed by the first members of the commission under subparagraph (B) of paragraph (1) from one of the categories referred to in such subparagraph, the first members shall, in accordance with the special rules described in paragraph (2), fill the vacancy by appointing one of the 2 alternates from such category who was designated under subparagraph (B) of paragraph (3). At the time the first members appoint an alternate to fill a vacancy under the previous sentence, the first members shall, in accordance with the special rules described in paragraph (2), designate another individual from the same category to serve as an alternate member, in accordance with subparagraph (B) of paragraph (3). (5) Removal.--A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2412(a). (b) Procedures for Conducting Commission Business.-- (1) Chair.--Members of an independent redistricting commission established under this section shall select by majority vote one member who was appointed from the independent category of the approved selection pool described in section 2412(b)(1)(C) to serve as chair of the commission. The commission may not take any action to develop a redistricting plan for the State under section 2413 until the appointment of the commission's chair. (2) Requiring majority approval for actions.--The independent redistricting commission of a State may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least-- (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1). (3) Quorum.--A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors.-- (1) Staff.--Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors.--The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2412(b)(1). (3) Reports on expenditures for political activity.-- (A) Report by applicants.--Each individual who applies for a position as an employee of the independent redistricting commission and each vendor who applies for a contract with the commission shall, at the time of applying, file with the commission a report summarizing-- (i) any expenditure for political activity made by such individual or vendor during the 10 most recent calendar years; and (ii) any income received by such individual or vendor during the 10 most recent calendar years which is attributable to an expenditure for political activity. (B) Annual reports by employees and vendors.--Each person who is an employee or vendor of the independent redistricting commission shall, not later than 1 year after the person is appointed as an employee or enters into a contract as a vendor (as the case may be) and annually thereafter for each year during which the person serves as an employee or a vendor, file with the commission a report summarizing the expenditures and income described in subparagraph (A) during the 10 most recent calendar years. (C) Expenditure for political activity defined.--In this paragraph, the term ``expenditure for political activity'' means a disbursement for any of the following: (i) An independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17)). (ii) An electioneering communication, as defined in section 304(f)(3) of such Act (52 U.S.C. 30104(f)(3)) or any other public communication, as defined in section 301(22) of such Act (52 U.S.C. 30101(22)) that would be an electioneering communication if it were a broadcast, cable, or satellite communication. (iii) Any dues or other payments to trade associations or organizations described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code that are, or could reasonably be anticipated to be, used or transferred to another association or organization for a use described in paragraph (1), (2), or (4) of section 501(c) of such Code. (4) Goal of impartiality.--The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner, and may require any person who applies for an appointment to a staff position or for a vendor's contract with the commission to provide information on the person's history of political activity beyond the information on the person's expenditures for political activity provided in the reports required under paragraph (3) (including donations to candidates, political committees, and political parties) as a condition of the appointment or the contract. (5) Disqualification; waiver.-- (A) In general.--The independent redistricting commission may not appoint an individual as an employee, and may not enter into a contract with a vendor, if the individual or vendor meets any of the criteria for the disqualification of an individual from serving as a member of the commission which are set forth in section 2412(a)(2). (B) Waiver.--The commission may by unanimous vote of its members waive the application of subparagraph (A) to an individual or a vendor after receiving and reviewing the report filed by the individual or vendor under paragraph (3). (d) Termination.-- (1) In general.--The independent redistricting commission of a State shall terminate on the earlier of-- (A) June 14 of the next year ending in the numeral zero; or (B) the day on which the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). (2) Preservation of records.--The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. SEC. 2412. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION. (a) Criteria for Eligibility.-- (1) In general.--An individual is eligible to serve as a member of an independent redistricting commission if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual's appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 2413, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual's residence, mailing address, and telephone numbers. (ii) The individual's race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual's qualifications, and information relevant to the ability of the individual to be fair and impartial, including, but not limited to-- (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; (II) the individual's employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual's duties under this subtitle in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during the covered periods described in paragraph (3), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under paragraph (2). (2) Disqualifications.--An individual is not eligible to serve as a member of the commission if any of the following applies during any of the covered periods described in paragraph (3): (A) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or an equivalent State or local law. (D) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.). (F) The individual or (in the case of the covered periods described in subparagraphs (A) and (B) of paragraph (3)) an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (3) Covered periods described.--In this subsection, the term ``covered period'' means, with respect to the appointment of an individual to the commission, any of the following: (A) The 10-year period ending on the date of the individual's appointment. (B) The period beginning on the date of the individual's appointment and ending on August 14 of the next year ending in the numeral one. (C) The 10-year period beginning on the day after the last day of the period described in subparagraph (B). (4) Immediate family member defined.--In this subsection, the term ``immediate family member'' means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and Submission of Selection Pool.-- (1) In general.--Not later than June 15 of each year ending in the numeral zero, the nonpartisan agency established or designated by a State under section 2414(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 2414(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this subtitle, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool.--In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall-- (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State's redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Interviews of applicants.--To assist the nonpartisan agency in developing the selection pool under this subsection, the nonpartisan agency shall conduct interviews of applicants under oath. If an individual is included in a selection pool developed under this section, all of the interviews of the individual shall be transcribed and the transcriptions made available on the nonpartisan agency's website contemporaneously with release of the report under paragraph (6). (4) Determination of political party affiliation of individuals in selection pool.--For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(D), including by considering additional information provided by other persons with knowledge of the individual's history of political activity. (5) Encouraging residents to apply for inclusion in pool.-- The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (6) Report on establishment of selection pool.--At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish and post on the agency's public website a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (7) Public comment on selection pool.--During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (6), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall post all such comments contemporaneously on the nonpartisan agency's website and shall transmit them to the Select Committee on Redistricting immediately upon the expiration of such period. (8) Action by select committee.-- (A) In general.--Not earlier than 15 days and not later than 21 days after receiving the selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a replacement selection pool in accordance with subsection (c). (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (c) Development of Replacement Selection Pool.-- (1) In general.--If the Select Committee on Redistricting rejects the selection pool submitted by the nonpartisan agency under subsection (b), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The replacement pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b), so long as at least one of the individuals in the replacement pool was not included in such rejected pool. (2) Action by select committee.-- (A) In general.--Not later than 21 days after receiving the replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool, in which case the nonpartisan agency shall develop and submit a second replacement selection pool in accordance with subsection (d). (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (d) Development of Second Replacement Selection Pool.-- (1) In general.--If the Select Committee on Redistricting rejects the replacement selection pool submitted by the nonpartisan agency under subsection (c), not later than 14 days after the rejection, the nonpartisan agency shall develop and submit to the Select Committee a second replacement selection pool, under the same terms and conditions that applied to the development and submission of the selection pool under paragraphs (1) through (7) of subsection (b). The second replacement selection pool submitted under this paragraph may include individuals who were included in the rejected selection pool submitted under subsection (b) or the rejected replacement selection pool submitted under subsection (c), so long as at least one of the individuals in the replacement pool was not included in either such rejected pool. (2) Action by select committee.-- (A) In general.--Not earlier than 15 days and not later than 14 days after receiving the second replacement selection pool from the nonpartisan agency under paragraph (1), the Select Committee on Redistricting shall, by majority vote-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2411(a)(1); or (ii) reject the pool. (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. (C) Effect of rejection.--If the Select Committee on Redistricting rejects the second replacement pool from the nonpartisan agency under paragraph (1), the redistricting plan for the State shall be developed and enacted in accordance with part 3. SEC. 2413. PUBLIC NOTICE AND INPUT. (a) Public Notice and Input.-- (1) Use of open and transparent process.--The independent redistricting commission of a State shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Website.-- (A) Features.--The commission shall maintain a public Internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features: (i) General information on the commission, its role in the redistricting process, and its members, including contact information. (ii) An updated schedule of commission hearings and activities, including deadlines for the submission of comments. (iii) All draft redistricting plans developed by the commission under subsection (b) and the final redistricting plan developed under subsection (c), including the accompanying written evaluation under subsection (d). (iv) All comments received from the public on the commission's activities, including any proposed maps submitted under paragraph (1). (v) Live streaming of commission hearings and an archive of previous meetings, including any documents considered at any such meeting, which the commission shall post not later than 24 hours after the conclusion of the meeting. (vi) Access in an easily useable format to the demographic and other data used by the commission to develop and analyze the proposed redistricting plans, together with access to any software used to draw maps of proposed districts and to any reports analyzing and evaluating any such maps. (vii) A method by which members of the public may submit comments and proposed maps directly to the commission. (viii) All records of the commission, including all communications to or from members, employees, and contractors regarding the work of the commission. (ix) A list of all contractors receiving payment from the commission, together with the annual disclosures submitted by the contractors under section 2411(c)(3). (x) A list of the names of all individuals who submitted applications to serve on the commission, together with the applications submitted by individuals included in any selection pool, except that the commission may redact from such applications any financial or other personally sensitive information. (B) Searchable format.--The commission shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format. (C) Deadline.--The commission shall ensure that the public internet site under this paragraph is operational (in at least a preliminary format) not later than January 1 of the year ending in the numeral one. (3) Public comment period.--The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time during the period-- (A) which begins on January 1 of the year ending in the numeral one; and (B) which ends 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (4) Meetings and hearings in various geographic locations.--To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (5) Multiple language requirements for all notices.--The commission shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (b) Development and Publication of Preliminary Redistricting Plan.-- (1) In general.--Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development.-- (A) 3 hearings required.--Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 3 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Minimum period for notice prior to hearings.-- Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public.--Any member of the public may submit maps or portions of maps for consideration by the commission. As provided under subsection (a)(2)(A), any such map shall be made publicly available on the commission's website and open to comment. (3) Publication of preliminary plan.-- (A) In general.--The commission shall post the preliminary redistricting plan developed under this subsection, together with a report that includes the commission's responses to any public comments received under subsection (a)(3), on the website maintained under subsection (a)(2), and shall provide for the publication of each such plan in newspapers of general circulation throughout the State. (B) Minimum period for notice prior to publication.--Not fewer than 14 days prior to the date on which the commission posts and publishes the preliminary plan under this paragraph, the commission shall notify the public through the website maintained under subsection (a)(2), as well as through publication of notice in newspapers of general circulation throughout the State, of the pending publication of the plan. (4) Minimum post-publication period for public comment.-- The commission shall accept and consider comments from the public (including through the website maintained under subsection (a)(2)) with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, for not fewer than 30 days after the date on which the plan is published. (5) Post-publication hearings.-- (A) 3 hearings required.--After posting and publishing the preliminary redistricting plan under paragraph (3), the commission shall hold not fewer than 3 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Minimum period for notice prior to hearings.-- Not fewer than 14 days prior to the date of each hearing held under this paragraph, the commission shall post notices of the hearing in on the website maintained under subsection (a)(2), and shall provide for the publication of such notices in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans.--At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan.-- (1) In general.--After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote.--Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials.--Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall provide the following information to the public through the website maintained under subsection (a)(2), as well as through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission's reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment.--Subject to paragraph (5), the final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which-- (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2412(b)(1) approves such final plan. (5) Review by department of justice.-- (A) Requiring submission of plan for review.--The final redistricting plan shall not be deemed to be enacted into law unless the State submits the plan to the Department of Justice for an administrative review to determine if the plan is in compliance with the criteria described in subparagraphs (B) and (C) of section 2413(a)(1). (B) Termination of review.--The Department of Justice shall terminate any administrative review under subparagraph (A) if, during the 45-day period which begins on the date the plan is enacted into law, an action is filed in a United States district court alleging that the plan is not in compliance with the criteria described in subparagraphs (B) and (C) of section 2413(a)(1). (d) Written Evaluation of Plan Against External Metrics.--The independent redistricting commission shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Timing.--The independent redistricting commission of a State may begin its work on the redistricting plan of the State upon receipt of relevant population information from the Bureau of the Census, and shall approve a final redistricting plan for the State in each year ending in the numeral one not later than 8 months after the date on which the State receives the State apportionment notice or October 1, whichever occurs later. SEC. 2414. ESTABLISHMENT OF RELATED ENTITIES. (a) Establishment or Designation of Nonpartisan Agency of State Legislature.-- (1) In general.--Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State in accordance with section 2411. (2) Nonpartisanship described.--For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency-- (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Training of members appointed to commission.--Not later than January 15 of a year ending in the numeral one, the nonpartisan agency established or designated under this subsection shall provide the members of the independent redistricting commission with initial training on their obligations as members of the commission, including obligations under the Voting Rights Act of 1965 and other applicable laws. (4) Regulations.--The nonpartisan agency established or designated under this subsection shall adopt and publish regulations, after notice and opportunity for comment, establishing the procedures that the agency will follow in fulfilling its duties under this subtitle, including the procedures to be used in vetting the qualifications and political affiliation of applicants and in creating the selection pools, the randomized process to be used in selecting the initial members of the independent redistricting commission, and the rules that the agency will apply to ensure that the agency carries out its duties under this subtitle in a maximally transparent, publicly accessible, and impartial manner. (5) Designation of existing agency.--At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this subtitle, so long as the agency meets the requirements for nonpartisanship under this subsection. (6) Termination of agency specifically established for redistricting.--If a State does not designate an existing agency under paragraph (5) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (7) Preservation of records.--The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (8) Deadline.--The State shall meet the requirements of this subsection not later than each October 15 of a year ending in the numeral nine. (b) Establishment of Select Committee on Redistricting.-- (1) In general.--Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under section 2412. (2) Appointment.--The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for states with unicameral legislature.-- In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent statewide election for Federal office held in the State. (4) Deadline.--The State shall meet the requirements of this subsection not later than each January 15 of a year ending in the numeral zero. (5) Rule of construction.--Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. SEC. 2415. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT REDISTRICTING COMMISSIONS. Not later than May 15 of a year ending in the numeral one, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this part with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 2411(a)(2)(B) and 2412(b)(2). PART 3--ROLE OF COURTS IN DEVELOPMENT OF REDISTRICTING PLANS SEC. 2421. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT. (a) Development of Plan.--If any of the triggering events described in subsection (f) occur with respect to a State-- (1) not later than December 15 of the year in which the triggering event occurs, the United States district court for the applicable venue, acting through a 3-judge Court convened pursuant to section 2284 of title 28, United States Code, shall develop and publish the congressional redistricting plan for the State; and (2) the final plan developed and published by the Court under this section shall be deemed to be enacted on the date on which the Court publishes the final plan, as described in subsection (d). (b) Applicable Venue Described.--For purposes of this section, the ``applicable venue'' with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence of the occurrence of a triggering event described in subsection (f). (c) Procedures for Development of Plan.-- (1) Criteria.--In developing a redistricting plan for a State under this section, the Court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the independent redistricting commission of the State under section 2403. (2) Access to information and records of commission.--The Court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the independent redistricting commission of the State in carrying out its duties under this subtitle. (3) Hearing; public participation.--In developing a redistricting plan for a State, the Court shall-- (A) hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the Court; and (B) consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State. (4) Use of special master.--To assist in the development and publication of a redistricting plan for a State under this section, the Court may appoint a special master to make recommendations to the Court on possible plans for the State. (d) Publication of Plan.-- (1) Public availability of initial plan.--Upon completing the development of one or more initial redistricting plans, the Court shall make the plans available to the public at no cost, and shall also make available the underlying data used by the Court to develop the plans and a written evaluation of the plans against external metrics (as described in section 2413(d)). (2) Publication of final plan.--At any time after the expiration of the 14-day period which begins on the date the Court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the Court shall develop and publish the final redistricting plan for the State. (e) Use of Interim Plan.--In the event that the Court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the Court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the Court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the Court to develop and publish the final redistricting plan, including but not limited to the discretion to make any changes the Court deems necessary to an interim redistricting plan. (f) Triggering Events Described.--The ``triggering events'' described in this subsection are as follows: (1) The failure of the State to establish or designate a nonpartisan agency of the State legislature under section 2414(a) prior to the expiration of the deadline set forth in section 2414(a)(5). (2) The failure of the State to appoint a Select Committee on Redistricting under section 2414(b) prior to the expiration of the deadline set forth in section 2414(b)(4). (3) The failure of the Select Committee on Redistricting to approve any selection pool under section 2412 prior to the expiration of the deadline set forth for the approval of the second replacement selection pool in section 2412(d)(2). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State prior to the expiration of the deadline set forth in section 2413(e). SEC. 2422. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL COURT. If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965, section 2413 shall apply with respect to the redistricting, except that the court may revise any of the deadlines set forth in such section if the court determines that a revision is appropriate in order to provide for a timely enactment of a new redistricting plan for the State. PART 4--ADMINISTRATIVE AND MISCELLANEOUS PROVISIONS SEC. 2431. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING. (a) Authorization of Payments.--Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall, subject to the availability of appropriations provided pursuant to subsection (e), make a payment to the State in an amount equal to the product of-- (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds.--A State shall use the payment made under this section to establish and operate the State's independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out congressional redistricting in the State. (c) No Payment to States With Single Member.--The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Submission of Selection Pool as Condition of Payment.-- (1) Requirement.--Except as provided in paragraph (2) and paragraph (3), the Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 2414(a) has, in accordance with section 2412(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2414(b). (2) Exception for states with existing commissions.--In the case of a State which, pursuant to section 2401(c), is exempt from the requirements of section 2401(a), the Commission may not make a payment to the State under this section until the State certifies to the Commission that its redistricting commission meets the requirements of section 2401(c). (3) Exception for state of iowa.--In the case of the State of Iowa, the Commission may not make a payment to the State under this section until the State certifies to the Commission that it will carry out congressional redistricting pursuant to the State's apportionment notice in accordance with a plan developed by the Iowa Legislative Services Agency with the assistance of a Temporary Redistricting Advisory Commission, as provided under the law described in section 2401(d). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for payments under this section. SEC. 2432. CIVIL ENFORCEMENT. (a) Civil Enforcement.-- (1) Actions by attorney general.--The Attorney General may bring a civil action in an appropriate district court for such relief as may be appropriate to carry out this subtitle. (2) Availability of private right of action.--Any citizen of a State who is aggrieved by the failure of the State to meet the requirements of this subtitle may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure. For purposes of this section, the ``applicable venue'' is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the person who brings the civil action. (b) Expedited Consideration.--In any action brought forth under this section, the following rules shall apply: (1) The action shall be filed in the district court of the United States for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. (2) The action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (3) The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with respect to the same State redistricting plan. (4) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (5) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (6) It shall be the duty of the district court and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (c) Remedies.-- (1) Adoption of replacement plan.-- (A) In general.--If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this subtitle-- (i) the Court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 2421; or (ii) if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court may allow a State to develop and propose a remedial congressional redistricting plan for consideration by the court, and such remedial plan may be developed by the State by adopting such appropriate changes to the State's enacted plan as may be ordered by the court. (B) Special rule in case final adjudication not expected within 3 months of election.--If final adjudication of an action under this section is not reasonably expected to be completed at least three months prior to the next regularly scheduled election for the House of Representatives in the State, the district court shall, as the balance of equities warrant-- (i) order development, adoption, and use of an interim congressional redistricting plan in accordance with section 2421(e) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; or (ii) order adjustments to the timing of primary elections for the House of Representatives, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives. (2) No injunctive relief permitted.--Any remedial or replacement congressional redistricting plan ordered under this subsection shall not be subject to temporary or preliminary injunctive relief from any court unless the record establishes that a writ of mandamus is warranted. (3) No stay pending appeal.--Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this subtitle, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. (d) Attorney's Fees.--In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (e) Relation to Other Laws.-- (1) Rights and remedies additional to other rights and remedies.--The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this subtitle shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (2) Voting rights act of 1965.--Nothing in this subtitle authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.). (f) Legislative Privilege.--No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this subtitle. SEC. 2433. STATE APPORTIONMENT NOTICE DEFINED. In this subtitle, the ``State apportionment notice'' means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which the State is entitled. SEC. 2434. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this subtitle or in any amendment made by this subtitle may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 2435. EFFECTIVE DATE. This subtitle and the amendments made by this subtitle shall apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030 or any succeeding decennial census. PART 5--REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS Subpart A--Application of Certain Requirements for Redistricting Carried Out Pursuant to 2020 Census SEC. 2441. APPLICATION OF CERTAIN REQUIREMENTS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS. Notwithstanding section 2435, parts 1, 3, and 4 of this subtitle and the amendments made by such parts shall apply with respect to congressional redistricting carried out pursuant to the decennial census conducted during 2020 in the same manner as such parts and the amendments made by such parts apply with respect to redistricting carried out pursuant to the decennial census conducted during 2030, except as follows: (1) Except as provided in subsection (c) and subsection (d) of section 2401, the redistricting shall be conducted in accordance with-- (A) the redistricting plan developed and enacted into law by the independent redistricting commission established in the State in accordance with subpart B; or (B) if a plan developed by such commission is not enacted into law, the redistricting plan developed and enacted into law by a 3-judge court in accordance with section 2421. (2) If any of the triggering events described in section 2442 occur with respect to the State, the United States district court for the applicable venue shall develop and publish the redistricting plan for the State, in accordance with section 2421, not later than December 15, 2021. (3) For purposes of section 2431(d)(1), the Election Assistance Commission may not make a payment to a State under such section until the State certifies to the Commission that the nonpartisan agency established or designated by a State under section 2454(a) has, in accordance with section 2452(b)(1), submitted a selection pool to the Select Committee on Redistricting for the State established under section 2454(b). SEC. 2442. TRIGGERING EVENTS. For purposes of the redistricting carried out pursuant to the decennial census conducted during 2020, the triggering events described in this section are as follows: (1) The failure of the State to establish or designate a nonpartisan agency under section 2454(a) prior to the expiration of the deadline under section 2454(a)(6). (2) The failure of the State to appoint a Select Committee on Redistricting under section 2454(b) prior to the expiration of the deadline under section 2454(b)(4). (3) The failure of the Select Committee on Redistricting to approve a selection pool under section 2452(b) prior to the expiration of the deadline under section 2452(b)(7). (4) The failure of the independent redistricting commission of the State to approve a final redistricting plan for the State under section 2453 prior to the expiration of the deadline under section 2453(e). Subpart B--Independent Redistricting Commissions for Redistricting Carried Out Pursuant to 2020 Census SEC. 2451. USE OF INDEPENDENT REDISTRICTING COMMISSIONS FOR REDISTRICTING CARRIED OUT PURSUANT TO 2020 CENSUS. (a) Appointment of Members.-- (1) In general.--The nonpartisan agency established or designated by a State under section 2454(a) shall establish an independent redistricting commission under this part for the State, which shall consist of 15 members appointed by the agency as follows: (A) Not later than August 5, 2021, the agency shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, first appoint 6 members as follows: (i) The agency shall appoint 2 members on a random basis from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)). (ii) The agency shall appoint 2 members on a random basis from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)). (iii) The agency shall appoint 2 members on a random basis from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)). (B) Not later than August 15, 2021, the members appointed by the agency under subparagraph (A) shall, at a public meeting held not earlier than 15 days after notice of the meeting has been given to the public, then appoint 9 members as follows: (i) The members shall appoint 3 members from the majority category of the approved selection pool (as described in section 2452(b)(1)(A)). (ii) The members shall appoint 3 members from the minority category of the approved selection pool (as described in section 2452(b)(1)(B)). (iii) The members shall appoint 3 members from the independent category of the approved selection pool (as described in section 2452(b)(1)(C)). (2) Rules for appointment of members appointed by first members.-- (A) Affirmative vote of at least 4 members.--The appointment of any of the 9 members of the independent redistricting commission who are appointed by the first members of the commission pursuant to subparagraph (B) of paragraph (1) shall require the affirmative vote of at least 4 of the members appointed by the nonpartisan agency under subparagraph (A) of paragraph (1), including at least one member from each of the categories referred to in such subparagraph. (B) Ensuring diversity.--In appointing the 9 members pursuant to subparagraph (B) of paragraph (1), the first members of the independent redistricting commission shall ensure that the membership is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and provides racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 with a meaningful opportunity to participate in the development of the State's redistricting plan. (3) Removal.--A member of the independent redistricting commission may be removed by a majority vote of the remaining members of the commission if it is shown by a preponderance of the evidence that the member is not eligible to serve on the commission under section 2452(a). (b) Procedures for Conducting Commission Business.-- (1) Requiring majority approval for actions.--The independent redistricting commission of a State under this part may not publish and disseminate any draft or final redistricting plan, or take any other action, without the approval of at least-- (A) a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1). (2) Quorum.--A majority of the members of the commission shall constitute a quorum. (c) Staff; Contractors.-- (1) Staff.--Under a public application process in which all application materials are available for public inspection, the independent redistricting commission of a State under this part shall appoint and set the pay of technical experts, legal counsel, consultants, and such other staff as it considers appropriate, subject to State law. (2) Contractors.--The independent redistricting commission of a State may enter into such contracts with vendors as it considers appropriate, subject to State law, except that any such contract shall be valid only if approved by the vote of a majority of the members of the commission, including at least one member appointed from each of the categories of the approved selection pool described in section 2452(b)(1). (3) Goal of impartiality.--The commission shall take such steps as it considers appropriate to ensure that any staff appointed under this subsection, and any vendor with whom the commission enters into a contract under this subsection, will work in an impartial manner. (d) Preservation of Records.--The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. SEC. 2452. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO SERVE AS MEMBERS OF COMMISSION. (a) Criteria for Eligibility.-- (1) In general.--An individual is eligible to serve as a member of an independent redistricting commission under this part if the individual meets each of the following criteria: (A) As of the date of appointment, the individual is registered to vote in elections for Federal office held in the State. (B) During the 3-year period ending on the date of the individual's appointment, the individual has been continuously registered to vote with the same political party, or has not been registered to vote with any political party. (C) The individual submits to the nonpartisan agency established or designated by a State under section 2453, at such time and in such form as the agency may require, an application for inclusion in the selection pool under this section, and includes with the application a written statement, with an attestation under penalty of perjury, containing the following information and assurances: (i) The full current name and any former names of, and the contact information for, the individual, including an electronic mail address, the address of the individual's residence, mailing address, and telephone numbers. (ii) The individual's race, ethnicity, gender, age, date of birth, and household income for the most recent taxable year. (iii) The political party with which the individual is affiliated, if any. (iv) The reason or reasons the individual desires to serve on the independent redistricting commission, the individual's qualifications, and information relevant to the ability of the individual to be fair and impartial, including, but not limited to-- (I) any involvement with, or financial support of, professional, social, political, religious, or community organizations or causes; (II) the individual's employment and educational history. (v) An assurance that the individual shall commit to carrying out the individual's duties under this subtitle in an honest, independent, and impartial fashion, and to upholding public confidence in the integrity of the redistricting process. (vi) An assurance that, during such covered period as the State may establish with respect to any of the subparagraphs of paragraph (2), the individual has not taken and will not take any action which would disqualify the individual from serving as a member of the commission under such paragraph. (2) Disqualifications.--An individual is not eligible to serve as a member of the commission if any of the following applies with respect to such covered period as the State may establish: (A) The individual or an immediate family member of the individual holds public office or is a candidate for election for public office. (B) The individual or an immediate family member of the individual serves as an officer of a political party or as an officer, employee, or paid consultant of a campaign committee of a candidate for public office or of any political action committee (as determined in accordance with the law of the State). (C) The individual or an immediate family member of the individual holds a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) or an equivalent State or local law. (D) The individual or an immediate family member of the individual is an employee of an elected public official, a contractor with the government of the State, or a donor to the campaign of any candidate for public office or to any political action committee (other than a donor who, during any of such covered periods, gives an aggregate amount of $1,000 or less to the campaigns of all candidates for all public offices and to all political action committees). (E) The individual paid a civil money penalty or criminal fine, or was sentenced to a term of imprisonment, for violating any provision of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.). (F) The individual or an immediate family member of the individual is an agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (3) Immediate family member defined.--In this subsection, the term ``immediate family member'' means, with respect to an individual, a father, stepfather, mother, stepmother, son, stepson, daughter, stepdaughter, brother, stepbrother, sister, stepsister, husband, wife, father-in-law, or mother-in-law. (b) Development and Submission of Selection Pool.-- (1) In general.--Not later than July 15, 2021, the nonpartisan agency established or designated by a State under section 2454(a) shall develop and submit to the Select Committee on Redistricting for the State established under section 2454(b) a selection pool of 36 individuals who are eligible to serve as members of the independent redistricting commission of the State under this part, consisting of individuals in the following categories: (A) A majority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the most votes in the most recent Statewide election for Federal office held in the State. (B) A minority category, consisting of 12 individuals who are affiliated with the political party whose candidate received the second most votes in the most recent Statewide election for Federal office held in the State. (C) An independent category, consisting of 12 individuals who are not affiliated with either of the political parties described in subparagraph (A) or subparagraph (B). (2) Factors taken into account in developing pool.--In selecting individuals for the selection pool under this subsection, the nonpartisan agency shall-- (A) ensure that the pool is representative of the demographic groups (including racial, ethnic, economic, and gender) and geographic regions of the State, and includes applicants who would allow racial, ethnic, and language minorities protected under the Voting Rights Act of 1965 a meaningful opportunity to participate in the development of the State's redistricting plan; and (B) take into consideration the analytical skills of the individuals selected in relevant fields (including mapping, data management, law, community outreach, demography, and the geography of the State) and their ability to work on an impartial basis. (3) Determination of political party affiliation of individuals in selection pool.--For purposes of this section, an individual shall be considered to be affiliated with a political party only if the nonpartisan agency is able to verify (to the greatest extent possible) the information the individual provides in the application submitted under subsection (a)(1)(C), including by considering additional information provided by other persons with knowledge of the individual's history of political activity. (4) Encouraging residents to apply for inclusion in pool.-- The nonpartisan agency shall take such steps as may be necessary to ensure that residents of the State across various geographic regions and demographic groups are aware of the opportunity to serve on the independent redistricting commission, including publicizing the role of the panel and using newspapers, broadcast media, and online sources, including ethnic media, to encourage individuals to apply for inclusion in the selection pool developed under this subsection. (5) Report on establishment of selection pool.--At the time the nonpartisan agency submits the selection pool to the Select Committee on Redistricting under paragraph (1), it shall publish a report describing the process by which the pool was developed, and shall include in the report a description of how the individuals in the pool meet the eligibility criteria of subsection (a) and of how the pool reflects the factors the agency is required to take into consideration under paragraph (2). (6) Public comment on selection pool.--During the 14-day period which begins on the date the nonpartisan agency publishes the report under paragraph (5), the agency shall accept comments from the public on the individuals included in the selection pool. The agency shall transmit all such comments to the Select Committee on Redistricting immediately upon the expiration of such period. (7) Action by select committee.-- (A) In general.--Not later than August 1, 2021, the Select Committee on Redistricting shall-- (i) approve the pool as submitted by the nonpartisan agency, in which case the pool shall be considered the approved selection pool for purposes of section 2451(a)(1); or (ii) reject the pool, in which case the redistricting plan for the State shall be developed and enacted in accordance with part 3. (B) Inaction deemed rejection.--If the Select Committee on Redistricting fails to approve or reject the pool within the deadline set forth in subparagraph (A), the Select Committee shall be deemed to have rejected the pool for purposes of such subparagraph. SEC. 2453. CRITERIA FOR REDISTRICTING PLAN; PUBLIC NOTICE AND INPUT. (a) Public Notice and Input.-- (1) Use of open and transparent process.--The independent redistricting commission of a State under this part shall hold each of its meetings in public, shall solicit and take into consideration comments from the public, including proposed maps, throughout the process of developing the redistricting plan for the State, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans. (2) Public comment period.--The commission shall solicit, accept, and consider comments from the public with respect to its duties, activities, and procedures at any time until 7 days before the date of the meeting at which the commission shall vote on approving the final redistricting plan for enactment into law under subsection (c)(2). (3) Meetings and hearings in various geographic locations.--To the greatest extent practicable, the commission shall hold its meetings and hearings in various geographic regions and locations throughout the State. (4) Multiple language requirements for all notices.--The commission shall make each notice which is required to be published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (b) Development and Publication of Preliminary Redistricting Plan.-- (1) In general.--Prior to developing and publishing a final redistricting plan under subsection (c), the independent redistricting commission of a State under this part shall develop and publish a preliminary redistricting plan. (2) Minimum public hearings and opportunity for comment prior to development.-- (A) 2 hearings required.--Prior to developing a preliminary redistricting plan under this subsection, the commission shall hold not fewer than 2 public hearings at which members of the public may provide input and comments regarding the potential contents of redistricting plans for the State and the process by which the commission will develop the preliminary plan under this subsection. (B) Notice prior to hearings.--The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (C) Submission of plans and maps by members of the public.--Any member of the public may submit maps or portions of maps for consideration by the commission. (3) Publication of preliminary plan.--The commission shall provide for the publication of the preliminary redistricting plan developed under this subsection, including in newspapers of general circulation throughout the State, and shall make publicly available a report that includes the commission's responses to any public comments received under this subsection. (4) Public comment after publication.--The commission shall accept and consider comments from the public with respect to the preliminary redistricting plan published under paragraph (3), including proposed revisions to maps, until 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law. (5) Post-publication hearings.-- (A) 2 hearings required.--After publishing the preliminary redistricting plan under paragraph (3), and not later than 14 days before the date of the meeting under subsection (c)(2) at which the members of the commission shall vote on approving the final redistricting plan for enactment into law, the commission shall hold not fewer than 2 public hearings in different geographic areas of the State at which members of the public may provide input and comments regarding the preliminary plan. (B) Notice prior to hearings.--The commission shall provide for the publication of notices of each hearing held under this paragraph, including in newspapers of general circulation throughout the State. Each such notice shall specify the date, time, and location of the hearing. (6) Permitting multiple preliminary plans.--At the option of the commission, after developing and publishing the preliminary redistricting plan under this subsection, the commission may develop and publish subsequent preliminary redistricting plans, so long as the process for the development and publication of each such subsequent plan meets the requirements set forth in this subsection for the development and publication of the first preliminary redistricting plan. (c) Process for Enactment of Final Redistricting Plan.-- (1) In general.--After taking into consideration comments from the public on any preliminary redistricting plan developed and published under subsection (b), the independent redistricting commission of a State under this part shall develop and publish a final redistricting plan for the State. (2) Meeting; final vote.--Not later than the deadline specified in subsection (e), the commission shall hold a public hearing at which the members of the commission shall vote on approving the final plan for enactment into law. (3) Publication of plan and accompanying materials.--Not fewer than 14 days before the date of the meeting under paragraph (2), the commission shall make the following information to the public, including through newspapers of general circulation throughout the State: (A) The final redistricting plan, including all relevant maps. (B) A report by the commission to accompany the plan which provides the background for the plan and the commission's reasons for selecting the plan as the final redistricting plan, including responses to the public comments received on any preliminary redistricting plan developed and published under subsection (b). (C) Any dissenting or additional views with respect to the plan of individual members of the commission. (4) Enactment.--The final redistricting plan developed and published under this subsection shall be deemed to be enacted into law upon the expiration of the 45-day period which begins on the date on which-- (A) such final plan is approved by a majority of the whole membership of the commission; and (B) at least one member of the commission appointed from each of the categories of the approved selection pool described in section 2452(b)(1) approves such final plan. (d) Written Evaluation of Plan Against External Metrics.--The independent redistricting commission of a State under this part shall include with each redistricting plan developed and published under this section a written evaluation that measures each such plan against external metrics which cover the criteria set forth section 2403(a), including the impact of the plan on the ability of communities of color to elect candidates of choice, measures of partisan fairness using multiple accepted methodologies, and the degree to which the plan preserves or divides communities of interest. (e) Deadline.--The independent redistricting commission of a State under this part shall approve a final redistricting plan for the State not later than November 15, 2021. SEC. 2454. ESTABLISHMENT OF RELATED ENTITIES. (a) Establishment or Designation of Nonpartisan Agency of State Legislature.-- (1) In general.--Each State shall establish a nonpartisan agency in the legislative branch of the State government to appoint the members of the independent redistricting commission for the State under this part in accordance with section 2451. (2) Nonpartisanship described.--For purposes of this subsection, an agency shall be considered to be nonpartisan if under law the agency-- (A) is required to provide services on a nonpartisan basis; (B) is required to maintain impartiality; and (C) is prohibited from advocating for the adoption or rejection of any legislative proposal. (3) Designation of existing agency.--At its option, a State may designate an existing agency in the legislative branch of its government to appoint the members of the independent redistricting commission plan for the State under this subtitle, so long as the agency meets the requirements for nonpartisanship under this subsection. (4) Termination of agency specifically established for redistricting.--If a State does not designate an existing agency under paragraph (3) but instead establishes a new agency to serve as the nonpartisan agency under this section, the new agency shall terminate upon the enactment into law of the redistricting plan for the State. (5) Preservation of records.--The State shall ensure that the records of the nonpartisan agency are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to congressional redistricting in the State. (6) Deadline.--The State shall meet the requirements of this subsection not later than June 1, 2021. (b) Establishment of Select Committee on Redistricting.-- (1) In general.--Each State shall appoint a Select Committee on Redistricting to approve or disapprove a selection pool developed by the independent redistricting commission for the State under this part under section 2452. (2) Appointment.--The Select Committee on Redistricting for a State under this subsection shall consist of the following members: (A) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the upper house. (B) One member of the upper house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the upper house. (C) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the greatest number of seats in the lower house. (D) One member of the lower house of the State legislature, who shall be appointed by the leader of the party with the second greatest number of seats in the lower house. (3) Special rule for states with unicameral legislature.-- In the case of a State with a unicameral legislature, the Select Committee on Redistricting for the State under this subsection shall consist of the following members: (A) Two members of the State legislature appointed by the chair of the political party of the State whose candidate received the highest percentage of votes in the most recent Statewide election for Federal office held in the State. (B) Two members of the State legislature appointed by the chair of the political party whose candidate received the second highest percentage of votes in the most recent Statewide election for Federal office held in the State. (4) Deadline.--The State shall meet the requirements of this subsection not later than June 15, 2021. (5) Rule of construction.--Nothing in this subsection may be construed to prohibit the leader of any political party in a legislature from appointment to the Select Committee on Redistricting. SEC. 2455. REPORT ON DIVERSITY OF MEMBERSHIPS OF INDEPENDENT REDISTRICTING COMMISSIONS. Not later than November 15, 2021, the Comptroller General of the United States shall submit to Congress a report on the extent to which the memberships of independent redistricting commissions for States established under this part with respect to the immediately preceding year ending in the numeral zero meet the diversity requirements as provided for in sections 2451(a)(2)(B) and 2452(b)(2). Subtitle F--Saving Eligible Voters From Voter Purging SEC. 2501. SHORT TITLE. This subtitle may be cited as the ``Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``SAVE VOTERS Act''. SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED VOTERS. (a) Conditions Described.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF REGISTERED VOTERS. ``(a) Verification on Basis of Objective and Reliable Evidence of Ineligibility.-- ``(1) Requiring verification.--Notwithstanding any other provision of this Act, a State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections. ``(2) Factors not considered as objective and reliable evidence of ineligibility.--For purposes of paragraph (1), the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant's ineligibility to vote: ``(A) The failure of the registrant to vote in any election. ``(B) The failure of the registrant to respond to any notice sent under section 8(d), unless the notice has been returned as undeliverable. ``(C) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant's status as a registrant. ``(b) Notice After Removal.-- ``(1) Notice to individual removed.-- ``(A) In general.--Not later than 48 hours after a State removes the name of a registrant from the official list of eligible voters for any reason (other than the death of the registrant), the State shall send notice of the removal to the former registrant, and shall include in the notice the grounds for the removal and information on how the former registrant may contest the removal or be reinstated, including a telephone number for the appropriate election official. ``(B) Exceptions.--Subparagraph (A) does not apply in the case of a registrant-- ``(i) who sends written confirmation to the State that the registrant is no longer eligible to vote in the registrar's jurisdiction in which the registrant was registered; or ``(ii) who is removed from the official list of eligible voters by reason of the death of the registrant. ``(2) Public notice.--Not later than 48 hours after conducting any general program to remove the names of ineligible voters from the official list of eligible voters (as described in section 8(a)(4)), the State shall disseminate a public notice through such methods as may be reasonable to reach the general public (including by publishing the notice in a newspaper of wide circulation or posting the notice on the websites of the appropriate election officials) that list maintenance is taking place and that registrants should check their registration status to ensure no errors or mistakes have been made. The State shall ensure that the public notice disseminated under this paragraph is in a format that is reasonably convenient and accessible to voters with disabilities, including voters who have low vision or are blind.''. (b) Conditions for Transmission of Notices of Removal.--Section 8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the following new paragraph: ``(4) A State may not transmit a notice to a registrant under this subsection unless the State obtains objective and reliable evidence (in accordance with the standards for such evidence which are described in section 8A(a)(2)) that the registrant has changed residence to a place outside the registrar's jurisdiction in which the registrant is registered.''. (c) Conforming Amendments.-- (1) National voter registration act of 1993.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is amended-- (A) in paragraph (3), by striking ``provide'' and inserting ``subject to section 8A, provide''; and (B) in paragraph (4), by striking ``conduct'' and inserting ``subject to section 8A, conduct''. (2) Help america vote act of 2002.--Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking ``, registrants'' and inserting ``, and subject to section 8A of such Act, registrants''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. Subtitle G--No Effect on Authority of States To Provide Greater Opportunities for Voting SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PROVIDE GREATER OPPORTUNITIES FOR VOTING. Nothing in this title or the amendments made by this title may be construed to prohibit any State from enacting any law which provides greater opportunities for individuals to register to vote and to vote in elections for Federal office than are provided by this title and the amendments made by this title. Subtitle H--Residence of Incarcerated Individuals SEC. 2701. RESIDENCE OF INCARCERATED INDIVIDUALS. Section 141 of title 13, United States Code, is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g)(1) Effective beginning with the 2020 decennial census of population, in taking any tabulation of total population by States under subsection (a) for purposes of the apportionment of Representatives in Congress among the several States, the Secretary shall, with respect to an individual incarcerated in a State, Federal, county, or municipal correctional center as of the date on which such census is taken, attribute such individual to such individual's last place of residence before incarceration. ``(2) In carrying out this subsection, the Secretary shall consult with each State department of corrections to collect the information necessary to make the determination required under paragraph (1).''. Subtitle I--Findings Relating to Youth Voting SEC. 2801. FINDINGS RELATING TO YOUTH VOTING. Congress finds the following: (1) The right to vote is a fundamental right of citizens of the United States. (2) The twenty-sixth amendment of the United States Constitution guarantees that ``The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.''. (3) The twenty-sixth amendment of the United States Constitution grants Congress the power to enforce the amendment by appropriate legislation. (4) The language of the twenty-sixth amendment closely mirrors that of the fifteenth amendment and the nineteenth amendment. Like those amendments, the twenty-sixth amendment not only prohibits denial of the right to vote but also prohibits any actions that abridge the right to vote. (5) Youth voter suppression undercuts participation in our democracy by introducing arduous obstacles to new voters and discouraging a culture of democratic engagement. (6) Voting is habit forming, and allowing youth voters unobstructed access to voting ensures that more Americans will start a life-long habit of voting as soon as possible. (7) Youth voter suppression is a clear, persistent, and growing problem. The actions of States and political subdivisions resulting in at least four findings of twenty- sixth amendment violations as well as pending litigation demonstrate the need for Congress to take action to enforce the twenty-sixth amendment. (8) In League of Women Voters of Florida, Inc. v. Detzner (2018), the United States District Court in the Northern District of Florida found that the Secretary of State's actions that prevented in-person early voting sites from being located on university property revealed a stark pattern of discrimination that was unexplainable on grounds other than age and thus violated university students' twenty-sixth Amendment rights. (9) In 2019, Michigan agreed to a settlement to enhance college-age voters' access after a twenty-sixth amendment challenge was filed in federal court. The challenge prompted the removal of a Michigan voting law which required first time voters who registered by mail or through a third-party voter registration drive to vote in person for the first time, as well as the removal of another law which required the address listed on a voter's driver license to match the address listed on their voter registration card. (10) Youth voter suppression tactics are often linked to other tactics aimed at minority voters. For example, students at Prairie View A&M University (PVAMU), a historically black university in Texas, have been the targets of voter suppression tactics for decades. Before the 2018 election, PVAMU students sued Waller County on the basis of both racial and age discrimination over the County's failure to ensure equal early voting opportunities for students, spurring the County to reverse course and expand early voting access for students. (11) The more than 25 million United States citizens ages 18-24 deserve equal opportunity to participate in the electoral process as guaranteed by the twenty-sixth amendment. Subtitle J--Severability SEC. 2901. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE III--ELECTION SECURITY Sec. 3000. Short title; sense of Congress. Subtitle A--Financial Support for Election Infrastructure Part 1--Voting System Security Improvement Grants Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. Part 2--Grants for Risk-Limiting Audits of Results of Elections Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. Part 3--Election Infrastructure Innovation Grant Program Sec. 3021. Election infrastructure innovation grant program. Subtitle B--Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Sec. 3106. Pre-election threat assessments. Subtitle C--Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institutions. Subtitle D--Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Sec. 3305. Exemption of cybersecurity assistance from limitations on amount of coordinated political party expenditures. Subtitle E--Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Subtitle F--Election Security Grants Advisory Committee Sec. 3501. Establishment of advisory committee. Subtitle G--Miscellaneous Provisions Sec. 3601. Definitions. Sec. 3602. Initial report on adequacy of resources available for implementation. Subtitle H--Use of Voting Machines Manufactured in the United States Sec. 3701. Use of voting machines manufactured in the United States. Subtitle I--Study and Report on Bots Sec. 3801. Short title. Sec. 3802. Task Force. Sec. 3803. Study and Report. Subtitle J--Severability Sec. 3901. Severability. SEC. 3000. SHORT TITLE; SENSE OF CONGRESS. (a) Short Title.--This title may be cited as the ``Election Security Act''. (b) Sense of Congress on Need To Improve Election Infrastructure Security.--It is the sense of Congress that, in light of the lessons learned from Russian interference in the 2016 Presidential election, the Federal Government should intensify its efforts to improve the security of election infrastructure in the United States, including through the use of individual, durable, paper ballots marked by the voter by hand. Subtitle A--Financial Support for Election Infrastructure PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. (a) Availability of Grants.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 1622(b), is amended by adding at the end the following new part: ``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS ``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS. ``(a) Availability and Use of Grant.--The Commission shall make a grant to each eligible State-- ``(1) to replace a voting system-- ``(A) which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2021 with a voting system which does meet such requirements, for use in the regularly scheduled general elections for Federal office held in November 2022; or ``(B) which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines issued by the Commission prior to the regularly scheduled general election for Federal office held in November 2022 with another system which does meet such requirements and is in compliance with such guidelines; ``(2) to carry out voting system security improvements described in section 298A with respect to the regularly scheduled general elections for Federal office held in November 2022 and each succeeding election for Federal office; and ``(3) to implement and model best practices for ballot design, ballot instructions, and the testing of ballots. ``(b) Amount of Grant.--The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less than the product of $1 and the average of the number of individuals who cast votes in any of the two most recent regularly scheduled general elections for Federal office held in the State. ``(c) Pro Rata Reductions.--If the amount of funds appropriated for grants under this part is insufficient to ensure that each State receives the amount of the grant calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the States. ``(d) Surplus Appropriations.--If the amount of funds appropriated for grants authorized under section 298D(a)(2) exceed the amount necessary to meet the requirements of subsection (b), the Commission shall consider the following in making a determination to award remaining funds to a State: ``(1) The record of the State in carrying out the following with respect to the administration of elections for Federal office: ``(A) Providing voting machines that are less than 10 years old. ``(B) Implementing strong chain of custody procedures for the physical security of voting equipment and paper records at all stages of the process. ``(C) Conducting pre-election testing on every voting machine and ensuring that paper ballots are available wherever electronic machines are used. ``(D) Maintaining offline backups of voter registration lists. ``(E) Providing a secure voter registration database that logs requests submitted to the database. ``(F) Publishing and enforcing a policy detailing use limitations and security safeguards to protect the personal information of voters in the voter registration process. ``(G) Providing secure processes and procedures for reporting vote tallies. ``(H) Providing a secure platform for disseminating vote totals. ``(2) Evidence of established conditions of innovation and reform in providing voting system security and the proposed plan of the State for implementing additional conditions. ``(3) Evidence of collaboration between relevant stakeholders, including local election officials, in developing the grant implementation plan described in section 298B. ``(4) The plan of the State to conduct a rigorous evaluation of the effectiveness of the activities carried out with the grant. ``(e) Ability of Replacement Systems To Administer Ranked Choice Elections.--To the greatest extent practicable, an eligible State which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter's preference. ``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED. ``(a) Permitted Uses.--A voting system security improvement described in this section is any of the following: ``(1) The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate. ``(2) Cyber and risk mitigation training. ``(3) A security risk and vulnerability assessment of the State's election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider. ``(4) The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office. ``(5) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure or designates as critical to the operation of the State's election infrastructure. ``(6) Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4). ``(7) Enhancing the cybersecurity of voter registration systems. ``(b) Qualified Election Infrastructure Vendors Described.-- ``(1) In general.--For purposes of this part, a `qualified election infrastructure vendor' is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 3601 of the Election Security Act) who meets the criteria described in paragraph (2). ``(2) Criteria.--The criteria described in this paragraph are such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and shall include each of the following requirements: ``(A) The vendor must be owned and controlled by a citizen or permanent resident of the United States. ``(B) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure. ``(C) The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, the identification of any entity or individual with a more than five percent ownership interest in the vendor. ``(D) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee. ``(E) The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee. ``(F) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the Technical Guidelines Development Committee. ``(G) The vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices, including cybersecurity training and background checks, issued by the Technical Guidelines Development Committee. ``(H) The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices, including requirements for encrypted transfers and validation, testing and checking printed materials for accuracy, and disclosure of quality control incidents, issued by the Technical Guidelines Development Committee. ``(I) The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part. ``(J) The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under this part. ``(3) Cybersecurity incident reporting requirements.-- ``(A) In general.--A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under this part-- ``(i) the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred); ``(ii) if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and ``(iii) the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii). ``(B) Contents of notifications.--Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification: ``(i) The date, time, and time zone when the election cybersecurity incident began, if known. ``(ii) The date, time, and time zone when the election cybersecurity incident was detected. ``(iii) The date, time, and duration of the election cybersecurity incident. ``(iv) The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any. ``(v) Any planned and implemented technical measures to respond to and recover from the incident. ``(vi) In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available. ``SEC. 298B. ELIGIBILITY OF STATES. ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a description of how the State will use the grant to carry out the activities authorized under this part; ``(2) a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out risk- limiting audits and will carry out voting system security improvements, as described in section 298A; and ``(3) such other information and assurances as the Commission may require. ``SEC. 298C. REPORTS TO CONGRESS. ``Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part. ``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS. ``(a) Authorization.--There are authorized to be appropriated for grants under this part-- ``(1) $1,000,000,000 for fiscal year 2021; and ``(2) $175,000,000 for each of the fiscal years 2022, 2024, 2026, and 2028. ``(b) Continuing Availability of Amounts.--Any amounts appropriated pursuant to the authorization of this section shall remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by section 1622(c), is amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements ``Sec. 298. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. ``Sec. 298A. Voting system security improvements described. ``Sec. 298B. Eligibility of States. ``Sec. 298C. Reports to Congress. ``Sec. 298D. Authorization of appropriations.''. SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002. (a) Duties of Election Assistance Commission.--Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended-- (1) in the matter preceding paragraph (1), by striking ``by'' and inserting ``and the security of election infrastructure by''; and (2) by striking the semicolon at the end of paragraph (1) and inserting the following: ``, and the development, maintenance and dissemination of cybersecurity guidelines to identify vulnerabilities that could lead to, protect against, detect, respond to and recover from cybersecurity incidents;''. (b) Membership of Secretary of Homeland Security on Board of Advisors of Election Assistance Commission.--Section 214(a) of such Act (52 U.S.C. 20944(a)) is amended-- (1) by striking ``37 members'' and inserting ``38 members''; and (2) by adding at the end the following new paragraph: ``(17) The Secretary of Homeland Security or the Secretary's designee.''. (c) Representative of Department of Homeland Security on Technical Guidelines Development Committee.--Section 221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is amended-- (1) by redesignating subparagraph (E) as subparagraph (F); and (2) by inserting after subparagraph (D) the following new subparagraph: ``(E) A representative of the Department of Homeland Security.''. (d) Goals of Periodic Studies of Election Administration Issues; Consultation With Secretary of Homeland Security.--Section 241(a) of such Act (52 U.S.C. 20981(a)) is amended-- (1) in the matter preceding paragraph (1), by striking ``the Commission shall'' and inserting ``the Commission, in consultation with the Secretary of Homeland Security (as appropriate), shall''; (2) by striking ``and'' at the end of paragraph (3); (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: ``(4) will be secure against attempts to undermine the integrity of election systems by cyber or other means; and''. (e) Requirements Payments.-- (1) Use of payments for voting system security improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)), as amended by section 1061(a)(2), is further amended by adding at the end the following new paragraph: ``(5) Permitting use of payments for voting system security improvements.--A State may use a requirements payment to carry out any of the following activities: ``(A) Cyber and risk mitigation training. ``(B) Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State's election infrastructure or designates as critical to the operation of the State's election infrastructure. ``(C) Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B). ``(D) Enhancing the security of voter registration databases.''. (2) Incorporation of election infrastructure protection in state plans for use of payments.--Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking the period at the end and inserting ``, including the protection of election infrastructure.''. (3) Composition of committee responsible for developing state plan for use of payments.--Section 255 of such Act (52 U.S.C. 21005) is amended-- (A) by redesignating subsection (b) as subsection (c); and (B) by inserting after subsection (a) the following new subsection: ``(b) Geographic Representation.--The members of the committee shall be a representative group of individuals from the State's counties, cities, towns, and Indian tribes, and shall represent the needs of rural as well as urban areas of the State, as the case may be.''. (f) Ensuring Protection of Computerized Statewide Voter Registration List.--Section 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended by striking the period at the end and inserting ``, as well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee.''. (g) Senior Cyber Policy Advisor.--Section 204(a) of such Act (52 U.S.C. 20924(a)) is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7); and (2) by inserting after paragraph (4) the following new paragraph: ``(5) Senior cyber policy advisor.--The Commission shall have a Senior Cyber Policy Advisor, who shall be appointed by the Commission and who shall serve under the Executive Director, and who shall be the primary policy advisor to the Commission on matters of cybersecurity for Federal elections.''. SEC. 3003. INCORPORATION OF DEFINITIONS. (a) In General.--Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141), as amended by section 1921(b)(1), is amended to read as follows: ``SEC. 901. DEFINITIONS. ``In this Act, the following definitions apply: ``(1) The term `cybersecurity incident' has the meaning given the term `incident' in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148). ``(2) The term `election infrastructure' has the meaning given such term in section 3601 of the Election Security Act. ``(3) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.''. (b) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 901 to read as follows: ``Sec. 901. Definitions.''. PART 2--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS. (a) Availability of Grants.--Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by sections 1622(b) and 3001(a), is amended by adding at the end the following new part: ``PART 9--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS ``SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS. ``(a) Availability of Grants.--The Commission shall make a grant to each eligible State to conduct risk-limiting audits as described in subsection (b) with respect to the regularly scheduled general elections for Federal office held in November 2022 and each succeeding election for Federal office. ``(b) Risk-Limiting Audits Described.--In this part, a `risk- limiting audit' is a post-election process-- ``(1) which is conducted in accordance with rules and procedures established by the chief State election official of the State which meet the requirements of subsection (c); and ``(2) under which, if the reported outcome of the election is incorrect, there is at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye tabulation of all votes validly cast in that election that ascertains voter intent manually and directly from voter- verifiable paper records. ``(c) Requirements for Rules and Procedures.--The rules and procedures established for conducting a risk-limiting audit shall include the following elements: ``(1) Rules for ensuring the security of ballots and documenting that prescribed procedures were followed. ``(2) Rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies. ``(3) Rules and procedures for governing the format of ballot manifests, cast vote records, and other data involved in the audit. ``(4) Methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief State election official and made public. ``(5) Procedures for the random selection of ballots to be inspected manually during each audit. ``(6) Rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of an election is complete. ``(7) Procedures and requirements for testing any software used to conduct risk-limiting audits. ``(d) Definitions.--In this part, the following definitions apply: ``(1) The term `ballot manifest' means a record maintained by each election agency that meets each of the following requirements: ``(A) The record is created without reliance on any part of the voting system used to tabulate votes. ``(B) The record functions as a sampling frame for conducting a risk-limiting audit. ``(C) The record contains the following information with respect to the ballots cast and counted in the election: ``(i) The total number of ballots cast and counted by the agency (including undervotes, overvotes, and other invalid votes). ``(ii) The total number of ballots cast in each election administered by the agency (including undervotes, overvotes, and other invalid votes). ``(iii) A precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. ``(2) The term `incorrect outcome' means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election, determining voter intent manually, directly from voter- verifiable paper records. ``(3) The term `outcome' means the winner of an election, whether a candidate or a position. ``(4) The term `reported outcome' means the outcome of an election which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. ``SEC. 299A. ELIGIBILITY OF STATES. ``A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- ``(1) a certification that, not later than 5 years after receiving the grant, the State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 299; ``(2) a certification that, not later than one year after the date of the enactment of this section, the chief State election official of the State has established or will establish the rules and procedures for conducting the audits which meet the requirements of section 299(c); ``(3) a certification that the audit shall be completed not later than the date on which the State certifies the results of the election; ``(4) a certification that, after completing the audit, the State shall publish a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly; ``(5) a certification that, if a risk-limiting audit conducted under this part leads to a full manual tally of an election, State law requires that the State or election agency shall use the results of the full manual tally as the official results of the election; and ``(6) such other information and assurances as the Commission may require. ``SEC. 299B. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2021, to remain available until expended.''. (b) Clerical Amendment.--The table of contents of such Act, as amended by sections 1622(c) and 3001(b), is further amended by adding at the end of the items relating to subtitle D of title II the following: ``Part 9--Grants for Conducting Risk-Limiting Audits of Results of Elections ``Sec. 299. Grants for conducting risk-limiting audits of results of elections. ``Sec. 299A. Eligibility of States. ``Sec. 299B. Authorization of appropriations.''. SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS. (a) Analysis.--Not later than 6 months after the first election for Federal office is held after grants are first awarded to States for conducting risk-limiting audits under part 9 of subtitle D of title II of the Help America Vote Act of 2002 (as added by section 3011) for conducting risk-limiting audits of elections for Federal office, the Comptroller General of the United States shall conduct an analysis of the extent to which such audits have improved the administration of such elections and the security of election infrastructure in the States receiving such grants. (b) Report.--The Comptroller General of the United States shall submit a report on the analysis conducted under subsection (a) to the appropriate congressional committees. PART 3--ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM SEC. 3021. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM. (a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section: ``SEC. 321. ELECTION INFRASTRUCTURE INNOVATION GRANT PROGRAM. ``(a) Establishment.--The Secretary, acting through the Under Secretary for Science and Technology, in coordination with the Chairman of the Election Assistance Commission (established pursuant to the Help America Vote Act of 2002) and in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall establish a competitive grant program to award grants to eligible entities, on a competitive basis, for purposes of research and development that are determined to have the potential to significantly improve the security (including cybersecurity), quality, reliability, accuracy, accessibility, and affordability of election infrastructure, and increase voter participation. ``(b) Report to Congress.--Not later than 90 days after the conclusion of each fiscal year for which grants are awarded under this section, the Secretary shall submit to the Committee on Homeland Security and the Committee on House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Rules and Administration of the Senate a report describing such grants and analyzing the impact, if any, of such grants on the security and operation of election infrastructure, and on voter participation. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 2021 through 2029 for purposes of carrying out this section. ``(d) Eligible Entity Defined.--In this section, the term `eligible entity' means-- ``(1) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), including an institution of higher education that is a historically Black college or university (which has the meaning given the term ``part B institution'' in section 322 of such Act (20 U.S.C. 1061)) or other minority- serving institution listed in section 371(a) of such Act (20 U.S.C. 1067q(a)); ``(2) an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or ``(3) an organization, association, or a for-profit company, including a small business concern (as such term is described in section 3 of the Small Business Act (15 U.S.C. 632)), including a small business concern owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''. (b) Definition.--Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended-- (1) by redesignating paragraphs (6) through (20) as paragraphs (7) through (21), respectively; and (2) by inserting after paragraph (5) the following new paragraph: ``(6) Election infrastructure.--The term `election infrastructure' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.''. (c) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 320 the following new item: ``Sec. 321. Election infrastructure innovation grant program.''. Subtitle B--Security Measures SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION. Subparagraph (J) of section 2001(3) of the Homeland Security Act of 2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election infrastructure'' before the period at the end. SEC. 3102. TIMELY THREAT INFORMATION. Subsection (d) of section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is amended by adding at the end the following new paragraph: ``(24) To provide timely threat information regarding election infrastructure to the chief State election official of the State with respect to which such information pertains.''. SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS. In order to promote the timely sharing of information on threats to election infrastructure, the Secretary may-- (1) help expedite a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; (2) sponsor a security clearance for the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official; and (3) facilitate the issuance of a temporary clearance to the chief State election official and other appropriate State personnel involved in the administration of elections, as designated by the chief State election official, if the Secretary determines classified information to be timely and relevant to the election infrastructure of the State at issue. SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS. (a) In General.--Paragraph (6) of section 2209(c) of the Homeland Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting ``(including by carrying out a security risk and vulnerability assessment)'' after ``risk management support''. (b) Prioritization To Enhance Election Security.-- (1) In general.--Not later than 90 days after receiving a written request from a chief State election official, the Secretary shall, to the extent practicable, commence a security risk and vulnerability assessment (pursuant to paragraph (6) of section 2209(c) of the Homeland Security Act of 2002, as amended by subsection (a)) on election infrastructure in the State at issue. (2) Notification.--If the Secretary, upon receipt of a request described in paragraph (1), determines that a security risk and vulnerability assessment referred to in such paragraph cannot be commenced within 90 days, the Secretary shall expeditiously notify the chief State election official who submitted such request. SEC. 3105. ANNUAL REPORTS. (a) Reports on Assistance and Assessments.--Not later than 1 year after the date of the enactment of this Act and annually thereafter through 2028, the Secretary shall submit to the appropriate congressional committees-- (1) efforts to carry out section 3103 during the prior year, including specific information regarding which States were helped, how many officials have been helped in each State, how many security clearances have been sponsored in each State, and how many temporary clearances have been issued in each State; and (2) efforts to carry out section 3104 during the prior year, including specific information regarding which States were helped, the dates on which the Secretary received a request for a security risk and vulnerability assessment referred to in such section, the dates on which the Secretary commenced each such request, and the dates on which the Secretary transmitted a notification in accordance with subsection (b)(2) of such section. (b) Reports on Foreign Threats.--Not later than 90 days after the end of each fiscal year (beginning with fiscal year 2021), the Secretary and the Director of National Intelligence, in coordination with the heads of appropriate offices of the Federal Government, shall submit to the appropriate congressional committees a joint report on foreign threats, including physical and cybersecurity threats, to elections in the United States. (c) Information From States.--For purposes of preparing the reports required under this section, the Secretary shall solicit and consider information and comments from States and election agencies, except that the provision of such information and comments by a State or election agency shall be voluntary and at the discretion of the State or election agency. SEC. 3106. PRE-ELECTION THREAT ASSESSMENTS. (a) Submission of Assessment by DNI.--Not later than 180 days before the date of each regularly scheduled general election for Federal office, the Director of National Intelligence shall submit an assessment of the full scope of threats, including cybersecurity threats posed by state actors and terrorist groups, to election infrastructure and recommendations to address or mitigate such threats, as developed by the Secretary and Chairman, to-- (1) the chief State election official of each State; (2) the appropriate congressional committees; and (3) any other relevant congressional committees. (b) Updates to Initial Assessments.--If, at any time after submitting an assessment with respect to an election under subsection (a), the Director of National Intelligence determines that the assessment should be updated to reflect new information regarding the threats involved, the Director shall submit a revised assessment under such subsection. (c) Definitions.--In this section: (1) The term ``Chairman'' means the chair of the Election Assistance Commission. (2) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (3) The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (4) The term ``Secretary'' means the Secretary of Homeland Security. (5) The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). (d) Effective Date.--This subtitle shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. Subtitle C--Enhancing Protections for United States Democratic Institutions SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the President, acting through the Secretary, in consultation with the Chairman, the Secretary of Defense, the Secretary of State, the Attorney General, the Secretary of Education, the Director of National Intelligence, the Chairman of the Federal Election Commission, and the heads of any other appropriate Federal agencies, shall issue a national strategy to protect against cyber attacks, influence operations, disinformation campaigns, and other activities that could undermine the security and integrity of United States democratic institutions. (b) Considerations.--The national strategy required under subsection (a) shall include consideration of the following: (1) The threat of a foreign state actor, foreign terrorist organization (as designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic actor carrying out a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. (2) The extent to which United States democratic institutions are vulnerable to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such democratic institutions. (3) Potential consequences, such as an erosion of public trust or an undermining of the rule of law, that could result from a successful cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of United States democratic institutions. (4) Lessons learned from other governments the institutions of which were subject to a cyber attack, influence operation, disinformation campaign, or other activity aimed at undermining the security and integrity of such institutions, as well as actions that could be taken by the United States Government to bolster collaboration with foreign partners to detect, deter, prevent, and counter such activities. (5) Potential impacts, such as an erosion of public trust in democratic institutions, as could be associated with a successful cyber breach or other activity negatively affecting election infrastructure. (6) Roles and responsibilities of the Secretary, the Chairman, and the heads of other Federal entities and non- Federal entities, including chief State election officials and representatives of multi-state information sharing and analysis centers. (7) Any findings, conclusions, and recommendations to strengthen protections for United States democratic institutions that have been agreed to by a majority of Commission members on the National Commission to Protect United States Democratic Institutions, authorized pursuant to section 3202. (c) Implementation Plan.--Not later than 90 days after the issuance of the national strategy required under subsection (a), the President, acting through the Secretary, in coordination with the Chairman, shall issue an implementation plan for Federal efforts to implement such strategy that includes the following: (1) Strategic objectives and corresponding tasks. (2) Projected timelines and costs for the tasks referred to in paragraph (1). (3) Metrics to evaluate performance of such tasks. (d) Classification.--The national strategy required under subsection (a) shall be in unclassified form. (e) Civil Rights Review.--Not later than 60 days after the issuance of the national strategy required under subsection (a), and not later than 60 days after the issuance of the implementation plan required under subsection (c), the Privacy and Civil Liberties Oversight Board (established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee)) shall submit to Congress a report on any potential privacy and civil liberties impacts of such strategy and implementation plan, respectively. SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC INSTITUTIONS. (a) Establishment.--There is established within the legislative branch the National Commission to Protect United States Democratic Institutions (in this section referred to as the ``Commission''). (b) Purpose.--The purpose of the Commission is to counter efforts to undermine democratic institutions within the United States. (c) Composition.-- (1) Membership.--The Commission shall be composed of 10 members appointed for the life of the Commission as follows: (A) One member shall be appointed by the Secretary. (B) One member shall be appointed by the Chairman. (C) Two members shall be appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Homeland Security and Governmental Affairs, the Chairman of the Committee on the Judiciary, and the Chairman of the Committee on Rules and Administration. (D) Two members shall be appointed by the minority leader of the Senate, in consultation with the ranking minority member of the Committee on Homeland Security and Governmental Affairs, the ranking minority member of the Committee on the Judiciary, and the ranking minority member of the Committee on Rules and Administration. (E) Two members shall be appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Homeland Security, the Chairman of the Committee on House Administration, and the Chairman of the Committee on the Judiciary. (F) Two members shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking minority member of the Committee on Homeland Security, the ranking minority member of the Committee on the Judiciary, and the ranking minority member of the Committee on House Administration. (2) Qualifications.--Individuals shall be selected for appointment to the Commission solely on the basis of their professional qualifications, achievements, public stature, experience, and expertise in relevant fields, including cybersecurity, national security, and the Constitution of the United States. (3) No compensation for service.--Members may not receive compensation for service on the Commission, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with chapter 57 of title 5, United States Code. (4) Deadline for appointment.--All members of the Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (5) Vacancies.--A vacancy on the Commission shall not affect its powers and shall be filled in the manner in which the original appointment was made. The appointment of the replacement member shall be made not later than 60 days after the date on which the vacancy occurs. (d) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. (e) Quorum and Meetings.-- (1) Quorum.--The Commission shall meet and begin the operations of the Commission not later than 30 days after the date on which all members have been appointed or, if such meeting cannot be mutually agreed upon, on a date designated by the Speaker of the House of Representatives and the President pro Tempore of the Senate. Each subsequent meeting shall occur upon the call of the Chair or a majority of its members. A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold meetings. (2) Authority of individuals to act for commission.--Any member of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take under this section. (f) Powers.-- (1) Hearings and evidence.--The Commission (or, on the authority of the Commission, any subcommittee or member thereof) may, for the purpose of carrying out this section, hold hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out its duties. (2) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this section. (g) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission's functions. (2) Other departments and agencies.--In addition to the assistance provided under paragraph (1), the Department of Homeland Security, the Election Assistance Commission, and other appropriate departments and agencies of the United States shall provide to the Commission such services, funds, facilities, and staff as they may determine advisable and as may be authorized by law. (h) Public Meetings.--Any public meetings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. (i) Security Clearances.-- (1) In general.--The heads of appropriate departments and agencies of the executive branch shall cooperate with the Commission to expeditiously provide Commission members and staff with appropriate security clearances to the extent possible under applicable procedures and requirements. (2) Preferences.--In appointing staff, obtaining detailees, and entering into contracts for the provision of services for the Commission, the Commission shall give preference to individuals who have active security clearances. (j) Reports.-- (1) Interim reports.--At any time prior to the submission of the final report under paragraph (2), the Commission may submit interim reports to the President and Congress containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission. (2) Final report.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations to strengthen protections for democratic institutions in the United States as have been agreed to by a majority of the members of the Commission. (k) Termination.-- (1) In general.--The Commission shall terminate upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report required under subsection (j)(2). (2) Administrative activities prior to termination.--During the 60-day period referred to in paragraph (1), the Commission may carry out such administrative activities as may be required to conclude its work, including providing testimony to committees of Congress concerning the final report and disseminating the final report. Subtitle D--Promoting Cybersecurity Through Improvements in Election Administration SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES. (a) Requiring Testing of Existing Voting Systems.-- (1) In general.--Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph: ``(3) Testing to ensure compliance with guidelines.-- ``(A) Testing.--Not later than 9 months before the date of each regularly scheduled general election for Federal office, the Commission shall provide for the testing by accredited laboratories under this section of the voting system hardware and software which was certified for use in the most recent such election, on the basis of the most recent voting system guidelines applicable to such hardware or software (including election cybersecurity guidelines) issued under this Act. ``(B) Decertification of hardware or software failing to meet guidelines.--If, on the basis of the testing described in subparagraph (A), the Commission determines that any voting system hardware or software does not meet the most recent guidelines applicable to such hardware or software issued under this Act, the Commission shall decertify such hardware or software.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. (b) Issuance of Cybersecurity Guidelines by Technical Guidelines Development Committee.--Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following new paragraph: ``(3) Election cybersecurity guidelines.--Not later than 6 months after the date of the enactment of this paragraph, the Development Committee shall issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents.''. (c) Blockchain Technology Study and Report.-- (1) In general.--The Election Assistance Commission shall conduct a study with respect to the use of blockchain technology to enhance voter security in an election for Federal office. (2) Report.--Not later than 90 days after the date of enactment of this Act, the Commission shall submit to Congress a report on the study conducted under paragraph (1). SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS. (a) Inclusion in Definition of Voting System.--Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended-- (1) in the matter preceding paragraph (1), by striking ``this section'' and inserting ``this Act''; (2) by striking ``and'' at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph: ``(2) any electronic poll book used with respect to the election; and''. (b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is amended-- (1) by redesignating subsections (d) and (d) as subsections (d) and (e); and (2) by inserting after subsection (b) the following new subsection: ``(c) Electronic Poll Book Defined.--In this Act, the term `electronic poll book' means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used-- ``(1) to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and ``(2) to identify registered voters who are eligible to vote in an election.''. (c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 21081(e)), as redesignated by subsection (b), is amended by striking the period at the end and inserting the following: ``, or, with respect to any requirements relating to electronic poll books, on and after January 1, 2022.''. SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. (a) Requiring States To Submit Reports.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section: ``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE. ``(a) Requiring States To Submit Reports.--Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system. ``(b) Effective Date.--Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item: ``Sec. 301A. Pre-election reports on voting system usage.''. SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION. Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended-- (1) by striking ``The Commission'' and inserting ``(a) In General.--The Commission''; and (2) by adding at the end the following new subsection: ``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for purposes of maintaining the clearinghouse described in paragraph (1) of subsection (a).''. SEC. 3305. EXEMPTION OF CYBERSECURITY ASSISTANCE FROM LIMITATIONS ON AMOUNT OF COORDINATED POLITICAL PARTY EXPENDITURES. (a) Exemption.--Section 315(d)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(5)) is amended-- (1) by striking ``(5)'' and inserting ``(5)(A)''; (2) by striking the period at the end and inserting ``, or to expenditures (whether provided as funds or provided as in- kind services) for secure information communications technology or for a cybersecurity product or service or for any other product or service which assists in responding to threats or harassment online.''; and (3) by adding at the end the following new subparagraph: ``(B) In subparagraph (A)-- ``(i) the term `secure information communications technology' means a commercial-off-the-shelf computing device which has been configured to restrict unauthorized access and uses publicly-available baseline configurations; and ``(ii) the term `cybersecurity product or service' means a product or service which helps an organization to achieve the set of standards, guidelines, best practices, methodologies, procedures, and processes to cost-effectively identify, detect, protect, respond to, and recover from cyber risks as developed by the National Institute of Standards and Technology pursuant to subsections (c)(15) and (e) of section 2 of the National Institute of Standards and Technology Act (15 U.S.C. 272).''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to expenditures made on or after the date of the enactment of this Act. Subtitle E--Preventing Election Hacking SEC. 3401. SHORT TITLE. This subtitle may be cited as the ``Prevent Election Hacking Act of 2021''. SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to be known as the ``Election Security Bug Bounty Program'' (in this subtitle referred to as the ``Program'') to improve the cybersecurity of the systems used to administer elections for Federal office by facilitating and encouraging assessments by independent technical experts, in cooperation with State and local election officials and election service providers, to identify and report election cybersecurity vulnerabilities. (b) Voluntary Participation by Election Officials and Election Service Providers.-- (1) No requirement to participate in program.-- Participation in the Program shall be entirely voluntary for State and local election officials and election service providers. (2) Encouraging participation and input from election officials.--In developing the Program, the Secretary shall solicit input from, and encourage participation by, State and local election officials. (c) Activities Funded.--In establishing and carrying out the Program, the Secretary shall-- (1) establish a process for State and local election officials and election service providers to voluntarily participate in the Program; (2) designate appropriate information systems to be included in the Program; (3) provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under paragraph (2) and establish criteria for individuals, organizations, and companies to be considered eligible for such compensation in compliance with Federal laws; (4) consult with the Attorney General on how to ensure that approved individuals, organizations, and companies that comply with the requirements of the Program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law, and from liability under civil actions for specific activities authorized under the Program; (5) consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; (6) develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination regarding eligibility for participation in the Program; and (7) engage qualified interested persons, including representatives of private entities, about the structure of the Program and, to the extent practicable, establish a recurring competition for independent technical experts to assess election systems for the purpose of identifying and reporting election cybersecurity vulnerabilities. (d) Use of Service Providers.--The Secretary may award competitive contracts as necessary to manage the Program. (e) Definitions.--In this section: (1) The term ``Department'' means the Department of Homeland Security. (2) The terms ``election'' and ``Federal office'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101). (3) The term ``election cybersecurity vulnerability'' means any security vulnerability that affects an election system. (4) The term ``election infrastructure'' has the meaning given such term in paragraph (6) of section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as added by section 3021 of this title. (5) The term ``election service provider'' means any person providing, supporting, or maintaining an election system on behalf of a State or local election official, such as a contractor or vendor. (6) The term ``election system'' means any information system which is part of an election infrastructure. (7) The term ``information system'' has the meaning given such term in section 3502 of title 44, United States Code. (8) The term ``Secretary'' means the Secretary of Homeland Security, or, upon designation by the Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Director of Cybersecurity and Infrastructure Security of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, or a Senate-confirmed official who reports to the Director. (9) The term ``security vulnerability'' has the meaning given such term in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501). (10) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of Northern Mariana Islands, and the United States Virgin Islands. (11) The term ``voting system'' has the meaning given such term in section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)). Subtitle F--Election Security Grants Advisory Committee SEC. 3501. ESTABLISHMENT OF ADVISORY COMMITTEE. (a) In General.--Subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following: ``PART 4--ELECTION SECURITY GRANTS ADVISORY COMMITTEE ``SEC. 225. ELECTION SECURITY GRANTS ADVISORY COMMITTEE. ``(a) Establishment.--There is hereby established an advisory committee (hereinafter in this part referred to as the `Committee') to assist the Commission with respect to the award of grants to States under this Act for the purpose of election security. ``(b) Duties.-- ``(1) In general.--The Committee shall, with respect to an application for a grant received by the Commission-- ``(A) review such application; and ``(B) recommend to the Commission whether to award the grant to the applicant. ``(2) Considerations.--In reviewing an application pursuant to paragraph (1)(A), the Committee shall consider-- ``(A) the record of the applicant with respect to-- ``(i) compliance of the applicant with the requirements under subtitle A of title III; and ``(ii) adoption of voluntary guidelines issued by the Commission under subtitle B of title III; and ``(B) the goals and requirements of election security as described in title III of the For the People Act. ``(c) Membership.--The Committee shall be composed of 15 individuals appointed by the Executive Director of the Commission with experience and expertise in election security. ``(d) No Compensation for Service.--Members of the Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.''. (b) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. Subtitle G--Miscellaneous Provisions SEC. 3601. DEFINITIONS. Except as provided in section 3402, in this title, the following definitions apply: (1) The term ``Chairman'' means the chair of the Election Assistance Commission. (2) The term ``appropriate congressional committees'' means the Committees on Homeland Security and House Administration of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Rules and Administration of the Senate. (3) The term ``chief State election official'' means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act. (4) The term ``Commission'' means the Election Assistance Commission. (5) The term ``democratic institutions'' means the diverse range of institutions that are essential to ensuring an independent judiciary, free and fair elections, and rule of law. (6) The term ``election agency'' means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State. (7) The term ``election infrastructure'' means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency. (8) The term ``Secretary'' means the Secretary of Homeland Security. (9) The term ``State'' has the meaning given such term in section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141). SEC. 3602. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR IMPLEMENTATION. Not later than 120 days after enactment of this Act, the Chairman and the Secretary shall submit a report to the appropriate committees of Congress, including the Committees on Homeland Security and House Administration of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, analyzing the adequacy of the funding, resources, and personnel available to carry out this title and the amendments made by this title. Subtitle H--Use of Voting Machines Manufactured in the United States SEC. 3701. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES. (a) Requirement.--Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 1504, section 1505, and section 1507, is further amended by adding at the end the following new paragraph: ``(10) Voting machine requirements.--By not later than the date of the regularly scheduled general election for Federal office occurring in November 2024, each State shall seek to ensure that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States.''. (b) Conforming Amendment Relating to Effective Date.--Section 301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section 1508, is amended by striking ``paragraph (2)'' and inserting ``subsection (a)(10) and paragraph (2)''. Subtitle I--Study and Report on Bots SEC. 3801. SHORT TITLE. This subtitle may be cited as the ``Bots Research Act''. SEC. 3802. TASK FORCE. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Election Assistance Commission, in consultation with the Cybersecurity and Infrastructure Security Agency, shall establish a task force to carry out the study and report required under section 3803. (b) Number and Appointment.--The task force shall be comprised of the following: (1) At least 1 expert representing the Government. (2) At least 1 expert representing academia. (3) At least 1 expert representing non-profit organizations. (4) At least 1 expert representing the social media industry. (5) At least 1 election official. (6) Any other expert that the Commission determines appropriate. (c) Qualifications.--The Commission shall select task force members to serve by virtue of their expertise in automation technology. (d) Deadline for Appointment.--Not later than 90 days after the date of enactment of this Act, the Commission shall appoint the members of the task force. (e) Compensation.--Members of the task force shall serve without pay and shall not receive travel expenses. (f) Task Force Support.--The Commission shall ensure appropriate staff and officials of the Commission are available to support any task force-related work. SEC. 3803. STUDY AND REPORT. (a) Study.--The task force established in this subtitle shall conduct a study of the impact of automated accounts on social media, public discourse, and elections. Such study shall include an assessment of-- (1) what qualifies as a bot or automated account; (2) the extent to which automated accounts are used; (3) how the automated accounts are used; and (4) how to most effectively combat any use of automated accounts that negatively effects social media, public discourse, and elections while continuing to promote the protection of the First Amendment on the internet. (b) Task Force Considerations.--In carrying out the requirements of this section, the task force shall consider, at a minimum-- (1) the promotion of technological innovation; (2) the protection of First Amendment and other constitutional rights of social media users; (3) the need to improve cybersecurity to ensure the integrity of elections; and (4) the importance of continuously reviewing relevant regulations to ensure that such regulations respond effectively to changes in technology. (c) Report.--Not later than 1 year after the establishment of the task force, the task force shall develop and submit to Congress and relevant Federal agencies the results and conclusions of the study conducted under subsection (a). Subtitle J--Severability SEC. 3901. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION B--CAMPAIGN FINANCE TITLE IV--CAMPAIGN FINANCE TRANSPARENCY Subtitle A--Establishing Duty To Report Foreign Election Interference Sec. 4001. Findings relating to illicit money undermining our democracy. Sec. 4002. Federal campaign reporting of foreign contacts. Sec. 4003. Federal campaign foreign contact reporting compliance system. Sec. 4004. Criminal penalties. Sec. 4005. Report to congressional intelligence committees. Sec. 4006. Rule of construction. Subtitle B--DISCLOSE Act Sec. 4100. Short title. Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in Elections Sec. 4101. Clarification of prohibition on participation by foreign nationals in election-related activities. Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. Sec. 4103. Audit and report on illicit foreign money in Federal elections. Sec. 4104. Prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda. Sec. 4105. Disbursements and activities subject to foreign money ban. Sec. 4106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. Part 2--Reporting of Campaign-Related Disbursements Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 4113. Effective date. Part 3--Other Administrative Reforms Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Part 4--Disclosure of Contributions to Political Committees Immediately Prior to Election Sec. 4131. Disclosure of contributions to political committees immediately prior to election. Subtitle C--Strengthening Oversight of Online Political Advertising Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Sec. 4210. Independent study on media literacy and online political content consumption. Sec. 4211. Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared. Subtitle D--Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand by every ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on internet communications. Sec. 4305. Effective date. Subtitle E--Deterring Foreign Interference in Elections Part 1--Deterrence Under Federal Election Campaign Act of 1971 Sec. 4401. Restrictions on exchange of campaign information between candidates and foreign powers. Sec. 4402. Clarification of standard for determining existence of coordination between campaigns and outside interests. Sec. 4403. Prohibition on provision of substantial assistance relating to contribution or donation by foreign nationals. Sec. 4404. Clarification of application of foreign money ban. Part 2--Notifying States of Disinformation Campaigns by Foreign Nationals Sec. 4411. Notifying States of disinformation campaigns by foreign nationals. Part 3--Prohibiting Use of Deepfakes in Election Campaigns Sec. 4421. Prohibition on distribution of materially deceptive audio or visual media prior to election. Part 4--Assessment of Exemption of Registration Requirements Under FARA for Registered Lobbyists Sec. 4431. Assessment of exemption of registration requirements under FARA for registered lobbyists. Subtitle F--Secret Money Transparency Sec. 4501. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Sec. 4502. Repeal of regulations. Subtitle G--Shareholder Right-to-Know Sec. 4601. Repeal of restriction on use of funds by Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporation political activity. Sec. 4602. Assessment of shareholder preferences for disbursements for political purposes. Sec. 4603. Governance and operations of corporate PACs. Subtitle H--Disclosure of Political Spending by Government Contractors Sec. 4701. Repeal of restriction on use of funds to require disclosure of political spending by government contractors. Subtitle I--Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4801. Short title. Sec. 4802. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. Subtitle J--Miscellaneous Provisions Sec. 4901. Effective dates of provisions. Sec. 4902. Severability. Subtitle A--Establishing Duty To Report Foreign Election Interference SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR DEMOCRACY. Congress finds the following: (1) Criminals, terrorists, and corrupt government officials frequently abuse anonymously held Limited Liability Companies (LLCs), also known as ``shell companies,'' to hide, move, and launder the dirty money derived from illicit activities such as trafficking, bribery, exploitation, and embezzlement. Ownership and control of the finances that run through shell companies are obscured to regulators and law enforcement because little information is required and collected when establishing these entities. (2) The public release of the ``Panama Papers'' in 2016 and the ``Paradise Papers'' in 2017 revealed that these shell companies often purchase and sell United States real estate. United States anti-money laundering laws do not apply to cash transactions involving real estate effectively concealing the beneficiaries and transactions from regulators and law enforcement. (3) Since the Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010), millions of dollars have flowed into super PACs through LLCs whose funders are anonymous or intentionally obscured. Criminal investigations have uncovered LLCs that were used to hide illegal campaign contributions from foreign criminal fugitives, to advance international influence-buying schemes, and to conceal contributions from donors who were already under investigation for bribery and racketeering. Voters have no way to know the true sources of the money being routed through these LLCs to influence elections, including whether any of the funds come from foreign or other illicit sources. (4) Congress should curb the use of anonymous shell companies for illicit purposes by requiring United States companies to disclose their beneficial owners, strengthening anti-money laundering and counter-terrorism finance laws. (5) Congress should examine the money laundering and terrorist financing risks in the real estate market, including the role of anonymous parties, and review legislation to address any vulnerabilities identified in this sector. (6) Congress should examine the methods by which corruption flourishes and the means to detect and deter the financial misconduct that fuels this driver of global instability. Congress should monitor government efforts to enforce United States anti-corruption laws and regulations. SEC. 4002. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS. (a) Initial Notice.-- (1) In general.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the following new subsection: ``(j) Disclosure of Reportable Foreign Contacts.-- ``(1) Committee obligation to notify.--Not later than 1 week after a reportable foreign contact, each political committee shall notify the Federal Bureau of Investigation and the Commission of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. The Federal Bureau of Investigation, not later than 1 week after receiving a notification from a political committee under this paragraph, shall submit to the political committee, the Permanent Select Committee on Intelligence of the House of Representatives, and the Select Committee on Intelligence of the Senate written or electronic confirmation of receipt of the notification. ``(2) Individual obligation to notify.--Not later than 3 days after a reportable foreign contact-- ``(A) each candidate and each immediate family member of a candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact; and ``(B) each official, employee, or agent of a political committee shall notify the treasurer or other designated official of the committee of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact. ``(3) Reportable foreign contact.--In this subsection: ``(A) In general.--The term `reportable foreign contact' means any direct or indirect contact or communication that-- ``(i) is between-- ``(I) a candidate, an immediate family member of the candidate, a political committee, or any official, employee, or agent of such committee; and ``(II) an individual that the person described in subclause (I) knows, has reason to know, or reasonably believes is a covered foreign national; and ``(ii) the person described in clause (i)(I) knows, has reason to know, or reasonably believes involves-- ``(I) an offer or other proposal for a contribution, donation, expenditure, disbursement, or solicitation described in section 319; or ``(II) coordination or collaboration with, an offer or provision of information or services to or from, or persistent and repeated contact with, a covered foreign national in connection with an election. ``(B) Exceptions.-- ``(i) Contacts in official capacity as elected official.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee. ``(ii) Contacts for purposes of enabling observation of elections by international observers.--The term `reportable foreign contact' shall not include any contact or communication with a covered foreign national by any person which is made for purposes of enabling the observation of elections in the United States by a foreign national or the observation of elections outside of the United States by a candidate, political committee, or any official, employee, or agent of such committee. ``(iii) Exceptions not applicable if contacts or communications involve prohibited disbursements.--A contact or communication by an elected official or an employee of an elected official shall not be considered to be made solely in an official capacity for purposes of clause (i), and a contact or communication shall not be considered to be made for purposes of enabling the observation of elections for purposes of clause (ii), if the contact or communication involves a contribution, donation, expenditure, disbursement, or solicitation described in section 319. ``(C) Covered foreign national defined.-- ``(i) In general.--In this paragraph, the term `covered foreign national' means-- ``(I) a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b))) that is a government of a foreign country or a foreign political party; ``(II) any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in subclause (I) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in subclause (I); or ``(III) any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in subclause (I). ``(ii) Clarification regarding application to citizens of the united states.--In the case of a citizen of the United States, subclause (II) of clause (i) applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described in subclause (I) of clause (i). ``(4) Immediate family member.--In this subsection, the term `immediate family member' means, with respect to a candidate, a parent, parent-in-law, spouse, adult child, or sibling.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this Act. (b) Information Included on Report.-- (1) In general.--Section 304(b) of such Act (52 U.S.C. 30104(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by striking the period at the end of paragraph (8) and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) for any reportable foreign contact (as defined in subsection (j)(3))-- ``(A) the date, time, and location of the contact; ``(B) the date and time of when a designated official of the committee was notified of the contact; ``(C) the identity of individuals involved; and ``(D) a description of the contact, including the nature of any contribution, donation, expenditure, disbursement, or solicitation involved and the nature of any activity described in subsection (j)(3)(A)(ii)(II) involved.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to reports filed on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 4003. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM. (a) In General.--Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following new subsection: ``(j) Reportable Foreign Contacts Compliance Policy.-- ``(1) Reporting.--Each political committee shall establish a policy that requires all officials, employees, and agents of such committee (and, in the case of an authorized committee, the candidate and each immediate family member of the candidate) to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact (as defined in section 304(j)) not later than 3 days after such contact was made. ``(2) Retention and preservation of records.--Each political committee shall establish a policy that provides for the retention and preservation of records and information related to reportable foreign contacts (as so defined) for a period of not less than 3 years. ``(3) Certification.-- ``(A) In general.--Upon filing its statement of organization under section 303(a), and with each report filed under section 304(a), the treasurer of each political committee (other than an authorized committee) shall certify that-- ``(i) the committee has in place policies that meet the requirements of paragraphs (1) and (2); ``(ii) the committee has designated an official to monitor compliance with such policies; and ``(iii) not later than 1 week after the beginning of any formal or informal affiliation with the committee, all officials, employees, and agents of such committee will-- ``(I) receive notice of such policies; ``(II) be informed of the prohibitions under section 319; and ``(III) sign a certification affirming their understanding of such policies and prohibitions. ``(B) Authorized committees.--With respect to an authorized committee, the candidate shall make the certification required under subparagraph (A).''. (b) Effective Date.-- (1) In general.--The amendment made by subsection (a) shall apply with respect to political committees which file a statement of organization under section 303(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after the date of the enactment of this Act. (2) Transition rule for existing committees.--Not later than 30 days after the date of the enactment of this Act, each political committee under the Federal Election Campaign Act of 1971 shall file a certification with the Federal Election Commission that the committee is in compliance with the requirements of section 302(j) of such Act (as added by subsection (a)). SEC. 4004. CRIMINAL PENALTIES. Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraphs: ``(E) Any person who knowingly and willfully commits a violation of subsection (j) or (b)(9) of section 304 or section 302(j) shall be fined not more than $500,000, imprisoned not more than 5 years, or both. ``(F) Any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact (as defined in section 304(j)) shall be fined not more than $1,000,000, imprisoned not more than 5 years, or both.''. SEC. 4005. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES. (a) In General.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a report relating to notifications received by the Federal Bureau of Investigation under section 304(j)(1) of the Federal Election Campaign Act of 1971 (as added by section 4002(a) of this Act). (b) Elements.--Each report under subsection (a) shall include, at a minimum, the following with respect to notifications described in subsection (a): (1) The number of such notifications received from political committees during the year covered by the report. (2) A description of protocols and procedures developed by the Federal Bureau of Investigation relating to receipt and maintenance of records relating to such notifications. (3) With respect to such notifications received during the year covered by the report, a description of any subsequent actions taken by the Director resulting from the receipt of such notifications. (c) Congressional Intelligence Committees Defined.--In this section, the term ``congressional intelligence committees'' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). SEC. 4006. RULE OF CONSTRUCTION. Nothing in this subtitle or the amendments made by this subtitle shall be construed-- (1) to impede legitimate journalistic activities; or (2) to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who-- (A) resides in the United States; (B) is not a citizen of the United States or a national of the United States, as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and (C) is not lawfully admitted for permanent residence, as defined by section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)). Subtitle B--DISCLOSE Act SEC. 4100. SHORT TITLE. This subtitle may be cited as the ``Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021'' or the ``DISCLOSE Act of 2021''. PART 1--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN ELECTIONS SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN NATIONALS IN ELECTION-RELATED ACTIVITIES. (a) Clarification of Prohibition.--Section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ``; or''; and (3) by adding at the end the following new paragraph: ``(3) a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person's Federal or non-Federal election- related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee.''. (b) Certification of Compliance.--Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection: ``(c) Certification of Compliance Required Prior To Carrying Out Activity.--Prior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year.''. (c) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN DISBURSEMENTS AND ACTIVITIES. (a) Application to Disbursements to Super PACs and Other Persons.-- Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon and inserting the following: ``, including any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3));''. (b) Conditions Under Which Corporate PACs May Make Contributions and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph: ``(8) A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year: ``(A) Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States. ``(B) No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act. ``(C) The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund. ``(D) Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities.''. SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL ELECTIONS. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section 1821, is further amended by inserting after section 319A the following new section: ``SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS. ``(a) Audit.-- ``(1) In general.--The Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle. ``(2) Procedures.--In carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission. ``(b) Report.--Not later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing-- ``(1) results of the audit required by subsection (a)(1); ``(2) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; ``(3) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; ``(4) an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and ``(5) recommendations to address the presence of illicit foreign money in elections, as appropriate. ``(c) Definitions.--As used in this section: ``(1) The term `Federal election cycle' means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date. ``(2) The term `illicit foreign money' means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle. SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES AND REFERENDA. (a) In General.--Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking ``State, or local election'' and inserting the following: ``State, or local election, including a State or local ballot initiative or referendum''. (b) Effective Date.--The amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year. SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN. (a) Disbursements Described.--Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); and (2) by striking subparagraph (C) and inserting the following: ``(C) an expenditure; ``(D) an independent expenditure; ``(E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3)); ``(F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special, or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate; ``(G) a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks, or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy); ``(H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C); ``(I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks, or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); and ``(J) a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(2)).''. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. SEC. 4106. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS. (a) Prohibition.--Chapter 29 of title 18, United States Code, as amended by section 1071(a) and section 1201(a), is amended by adding at the end the following: ``Sec. 614. Establishment of corporation to conceal election contributions and donations by foreign nationals ``(a) Offense.--It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319. ``(b) Penalty.--Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.''. (b) Table of Sections.--The table of sections for chapter 29 of title 18, United States Code, as amended by section 1071(b) and section 1201(b), is amended by inserting after the item relating to section 613 the following: ``614. Establishment of corporation to conceal election contributions and donations by foreign nationals.''. PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS. (a) Disclosure Requirements for Corporations, Labor Organizations, and Certain Other Entities.-- (1) In general.--Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows: ``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED ORGANIZATIONS. ``(a) Disclosure Statement.-- ``(1) In general.--Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)-- ``(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and ``(B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. ``(2) Information described.--The information described in this paragraph is as follows: ``(A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that-- ``(i) identifies each beneficial owner by name and current residential or business street address; and ``(ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity. ``(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. ``(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. ``(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. ``(E)(i) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account-- ``(I) the name and address of each person who made such payment during the period covered by the statement; ``(II) the date and amount of such payment; and ``(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2022. ``(F)(i) If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization-- ``(I) the name and address of each person who made such payment during the period covered by the statement; ``(II) the date and amount of such payment; and ``(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date, but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. ``(ii) In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2022. ``(G) Such other information as required in rules established by the Commission to promote the purposes of this section. ``(3) Exceptions.-- ``(A) Amounts received in ordinary course of business.--The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization. ``(B) Donor restriction on use of funds.--The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if-- ``(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign- related disbursements; and ``(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. ``(C) Threat of harassment or reprisal.--The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals. ``(4) Other definitions.--For purposes of this section: ``(A) Beneficial owner defined.-- ``(i) In general.--Except as provided in clause (ii), the term `beneficial owner' means, with respect to any entity, a natural person who, directly or indirectly-- ``(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or ``(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity. ``(ii) Exceptions.--The term `beneficial owner' shall not include-- ``(I) a minor child; ``(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; ``(III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person; ``(IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or ``(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i). ``(iii) Anti-abuse rule.--The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A). ``(B) Disclosure date.--The term `disclosure date' means-- ``(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and ``(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. ``(C) Election reporting cycle.--The term `election reporting cycle' means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign- related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made. ``(D) Payment.--The term `payment' includes any contribution, donation, transfer, payment of dues, or other payment. ``(b) Coordination With Other Provisions.-- ``(1) Other reports filed with the commission.--Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. ``(2) Treatment as separate segregated fund.--A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. ``(c) Filing.--Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. ``(d) Campaign-Related Disbursement Defined.-- ``(1) In general.--In this section, the term `campaign- related disbursement' means a disbursement by a covered organization for any of the following: ``(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office. ``(B) Any public communication which refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. ``(C) An electioneering communication, as defined in section 304(f)(3). ``(D) A Federal judicial nomination communication. ``(E) A covered transfer. ``(2) Federal judicial nomination communication.-- ``(A) In general.--The term `Federal judicial nomination communication' means any communication-- ``(i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and ``(ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. ``(B) Exception.--Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(3) Exception.--The term `campaign-related disbursement' does not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. ``(4) Intent not required.--A disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. ``(e) Covered Organization Defined.--In this section, the term `covered organization' means any of the following: ``(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). ``(3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). ``(4) A labor organization (as defined in section 316(b)). ``(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)). ``(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts. ``(f) Covered Transfer Defined.-- ``(1) In general.--In this section, the term `covered transfer' means any transfer or payment of funds by a covered organization to another person if the covered organization-- ``(A) designates, requests, or suggests that the amounts be used for-- ``(i) campaign-related disbursements (other than covered transfers); or ``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; ``(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for-- ``(i) the making of or paying for campaign- related disbursements (other than covered transfers); or ``(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; ``(C) engaged in discussions with the recipient of the transfer or payment regarding-- ``(i) the making of or paying for campaign- related disbursements (other than covered transfers); or ``(ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; ``(D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or ``(E) knew or had reason to know that the person receiving the transfer or payment would make campaign- related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. ``(2) Exclusions.--The term `covered transfer' does not include any of the following: ``(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. ``(B) A disbursement made by a covered organization if-- ``(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and ``(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. ``(3) Special rule regarding transfers among affiliates.-- ``(A) Special rule.--A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000. ``(B) Determination of amount of certain payments among affiliates.--In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization. ``(C) Description of transfers between affiliates.--A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- ``(i) one of the organizations is an affiliate of the other organization; or ``(ii) each of the organizations is an affiliate of the same organization, except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign- related disbursements. ``(D) Determination of affiliate status.--For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if-- ``(i) the governing instrument of the organization requires it to be bound by decisions of the other organization; ``(ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or ``(iii) the organization is chartered by the other organization. ``(E) Coverage of transfers to affiliated section 501(c)(3) organizations.--This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. ``(g) No Effect on Other Reporting Requirements.--Nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign- related disbursements.''. (2) Conforming amendment.--Section 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking ``Any requirement'' and inserting ``Except as provided in section 324(b), any requirement''. (b) Coordination With FinCEN.-- (1) In general.--The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as added by this section. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED TRANSFERS. Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended by striking the semicolon at the end and inserting the following: ``, and any disbursement, other than an disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement;''. SEC. 4113. EFFECTIVE DATE. The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. PART 3--OTHER ADMINISTRATIVE REFORMS SEC. 4121. PETITION FOR CERTIORARI. Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS. (a) In General.--Title IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section: ``SEC. 407. JUDICIAL REVIEW. ``(a) In General.--Notwithstanding section 373(f), if any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: ``(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. ``(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy the complaint to the Clerk of the House of Representatives and the Secretary of the Senate. ``(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. ``(b) Clarifying Scope of Jurisdiction.--If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a). ``(c) Intervention by Members of Congress.--In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. ``(d) Challenge by Members of Congress.--Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.''. (b) Conforming Amendments.-- (1) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 9011. JUDICIAL REVIEW. ``For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. (2) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 9041. JUDICIAL REVIEW. ``For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.''. (3) Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed. (4) Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed. (c) Effective Date.--The amendments made by this section shall apply to actions brought on or after January 1, 2021. PART 4--DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY PRIOR TO ELECTION SEC. 4131. DISCLOSURE OF CONTRIBUTIONS TO POLITICAL COMMITTEES IMMEDIATELY PRIOR TO ELECTION. (a) Disclosure.--Section 304(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(a)(6)) is amended-- (1) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F); and (2) by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) A political committee, including a super PAC, shall notify the Commission of any contribution or donation of more than $5,000 received by the committee during the period beginning on the 20th day before any election in connection with which the committee makes a contribution or expenditure and ending 48 hours before such an election. ``(ii) The committee shall make the notification under clause (i) not later than 48 hours after the receipt of the contribution or donation involved, and shall include the name of the committee, the name of the person making the contribution or donation, and the date and amount of the contribution or donation. ``(iii) For purposes of this subparagraph, a pledge, promise, understanding, or agreement to make a contribution or expenditure with respect to an election shall be treated as the making of a contribution or expenditure with respect to the election. ``(iv) This subparagraph does not apply to an authorized committee of a candidate or any committee of a political party. ``(v) In this subparagraph, the term `super PAC' means a political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act, and includes an account of such a committee which is established for the purpose of accepting such donations or contributions.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring during 2022 or any succeeding year. Subtitle C--Strengthening Oversight of Online Political Advertising SEC. 4201. SHORT TITLE. This subtitle may be cited as the ``Honest Ads Act''. SEC. 4202. PURPOSE. The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court's well-established standard that the electorate bears the right to be fully informed. SEC. 4203. FINDINGS. Congress makes the following findings: (1) On January 6, 2017, the Office of the Director of National Intelligence published a report titled ``Assessing Russian Activities and Intentions in Recent U.S. Elections'', noting that ``Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the US presidential election * * *''. Moscow's influence campaign followed a Russian messaging strategy that blends covert intelligence operation--such as cyber activity--with overt efforts by Russian Government agencies, state-funded media, third-party intermediaries, and paid social media users or ``trolls''. (2) On November 24, 2016, The Washington Post reported findings from 2 teams of independent researchers that concluded Russians ``exploited American-made technology platforms to attack U.S. democracy at a particularly vulnerable moment * * * as part of a broadly effective strategy of sowing distrust in U.S. democracy and its leaders.''. (3) Findings from a 2017 study on the manipulation of public opinion through social media conducted by the Computational Propaganda Research Project at the Oxford Internet Institute found that the Kremlin is using pro-Russian bots to manipulate public discourse to a highly targeted audience. With a sample of nearly 1,300,000 tweets, researchers found that in the 2016 election's 3 decisive States, propaganda constituted 40 percent of the sampled election-related tweets that went to Pennsylvanians, 34 percent to Michigan voters, and 30 percent to those in Wisconsin. In other swing States, the figure reached 42 percent in Missouri, 41 percent in Florida, 40 percent in North Carolina, 38 percent in Colorado, and 35 percent in Ohio. (4) On September 6, 2017, the Nation's largest social media platform disclosed that between June 2015 and May 2017, Russian entities purchased $100,000 in political advertisements, publishing roughly 3,000 ads linked to fake accounts associated with the Internet Research Agency, a pro-Kremlin organization. According to the company, the ads purchased focused ``on amplifying divisive social and political messages * * *''. (5) In 2002, the Bipartisan Campaign Reform Act became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements ``provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking.''. (6) According to a study from Borrell Associates, in 2016, $1,415,000,000 was spent on online advertising, more than quadruple the amount in 2012. (7) The reach of a few large internet platforms--larger than any broadcast, satellite, or cable provider--has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 210,000,000 Americans users--over 160,000,000 of them on a daily basis. By contrast, the largest cable television provider has 22,430,000 subscribers, while the largest satellite television provider has 21,000,000 subscribers. And the most- watched television broadcast in United States history had 118,000,000 viewers. (8) The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents; this creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false. (9) According to comScore, 2 companies own 8 of the 10 most popular smart phone applications as of June 2017, including the most popular social media and email services--which deliver information and news to users without requiring proactivity by the user. Those same 2 companies accounted for 99 percent of revenue growth from digital advertising in 2016, including 77 percent of gross spending. 79 percent of online Americans-- representing 68 percent of all Americans--use the single largest social network, while 66 percent of these users are most likely to get their news from that site. (10) In its 2006 rulemaking, the Federal Election Commission noted that only 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election; by contrast, the Pew Research Center found that 65 percent of Americans identified an internet-based source as their leading source of information for the 2016 election. (11) The Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process by providing transparency and administering campaign finance laws, has failed to take action to address online political advertisements. (12) In testimony before the Senate Select Committee on Intelligence titled, ``Disinformation: A Primer in Russian Active Measures and Influence Campaigns'', multiple expert witnesses testified that while the disinformation tactics of foreign adversaries have not necessarily changed, social media services now provide ``platform practically purpose-built for active measures'' Similarly, as Gen. Keith B. Alexander (RET.), the former Director of the National Security Agency, testified, during the Cold War ``if the Soviet Union sought to manipulate information flow, it would have to do so principally through its own propaganda outlets or through active measures that would generate specific news: planting of leaflets, inciting of violence, creation of other false materials and narratives. But the news itself was hard to manipulate because it would have required actual control of the organs of media, which took long-term efforts to penetrate. Today, however, because the clear majority of the information on social media sites is uncurated and there is a rapid proliferation of information sources and other sites that can reinforce information, there is an increasing likelihood that the information available to average consumers may be inaccurate (whether intentionally or otherwise) and may be more easily manipulable than in prior eras.''. (13) Current regulations on political advertisements do not provide sufficient transparency to uphold the public's right to be fully informed about political advertisements made online. SEC. 4204. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy; (2) free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements in order to make informed political choices and hold elected officials accountable; and (3) transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals. SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION. (a) In General.--Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking ``or satellite communication'' and inserting ``satellite, paid internet, or paid digital communication''. (b) Treatment of Contributions and Expenditures.--Section 301 of such Act (52 U.S.C. 30101) is amended-- (1) in paragraph (8)(B)(v), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''; and (2) in paragraph (9)(B)-- (A) by amending clause (i) to read as follows: ``(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''; and (B) in clause (iv), by striking ``on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising'' and inserting ``in any public communication''. (c) Disclosure and Disclaimer Statements.--Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended-- (1) by striking ``financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``financing any public communication''; and (2) by striking ``solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising'' and inserting ``solicits any contribution through any public communication''. SEC. 4206. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION. (a) Expansion to Online Communications.-- (1) Application to qualified internet and digital communications.-- (A) In general.--Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or satellite communication'' each place it appears in clauses (i) and (ii) and inserting ``satellite, or qualified internet or digital communication''. (B) Qualified internet or digital communication.-- Paragraph (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the end the following new subparagraph: ``(D) Qualified internet or digital communication.--The term `qualified internet or digital communication' means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).''. (2) Nonapplication of relevant electorate to online communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any broadcast, cable, or satellite'' before ``communication''. (3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows: ``(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, blog, publication, or periodical, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;''. (b) Effective Date.--The amendments made by this section shall apply with respect to communications made on or after January 1, 2022. SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS. (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended-- (1) by striking ``shall clearly state'' each place it appears in paragraphs (1), (2), and (3) and inserting ``shall state in a clear and conspicuous manner''; and (2) by adding at the end the following flush sentence: ``For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.''. (b) Special Rules for Qualified Internet or Digital Communications.-- (1) In general.--Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection: ``(e) Special Rules for Qualified Internet or Digital Communications.-- ``(1) Special rules with respect to statements.--In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner-- ``(A) state the name of the person who paid for the communication; and ``(B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information. ``(2) Safe harbor for determining clear and conspicuous manner.--A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements: ``(A) Text or graphic communications.--In the case of a text or graphic communication, the statement-- ``(i) appears in letters at least as large as the majority of the text in the communication; and ``(ii) meets the requirements of paragraphs (2) and (3) of subsection (c). ``(B) Audio communications.--In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds. ``(C) Video communications.--In the case of a video communication which also includes audio, the statement-- ``(i) is included at either the beginning or the end of the communication; and ``(ii) is made both in-- ``(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and ``(II) an audible format that meets the requirements of subparagraph (B). ``(D) Other communications.--In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).''. (2) Nonapplication of certain exceptions.--The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971). (c) Modification of Additional Requirements for Certain Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended-- (1) in paragraph (1)(A)-- (A) by striking ``which is transmitted through radio'' and inserting ``which is in an audio format''; and (B) by striking ``By radio'' in the heading and inserting ``Audio format''; (2) in paragraph (1)(B)-- (A) by striking ``which is transmitted through television'' and inserting ``which is in video format''; and (B) by striking ``By television'' in the heading and inserting ``Video format''; and (3) in paragraph (2)-- (A) by striking ``transmitted through radio or television'' and inserting ``made in audio or video format''; and (B) by striking ``through television'' in the second sentence and inserting ``in video format''. SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS. (a) In General.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002, is amended by adding at the end the following new subsection: ``(k) Disclosure of Certain Online Advertisements.-- ``(1) In general.-- ``(A) Requirements for online platforms.--An online platform shall maintain, and make available for online public inspection in machine readable format, a complete record of any request to purchase on such online platform a qualified political advertisement which is made by a person whose aggregate requests to purchase qualified political advertisements on such online platform during the calendar year exceeds $500. ``(B) Requirements for advertisers.--Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A). ``(2) Contents of record.--A record maintained under paragraph (1)(A) shall contain-- ``(A) a digital copy of the qualified political advertisement; ``(B) a description of the audience targeted by the advertisement, the number of views generated from the advertisement, the number of views by unique individuals generated by the advertisement, the number of times the advertisement was shared, and the date and time that the advertisement is first displayed and last displayed; and ``(C) information regarding-- ``(i) the average rate charged for the advertisement; ``(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable); ``(iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and ``(iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person, and, if the person purchasing the advertisement is acting as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a statement that the person is acting as the agent of a foreign principal and the identification of the foreign principal involved. ``(3) Online platform.--For purposes of this subsection, the term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which-- ``(A) sells qualified political advertisements; and ``(B) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. ``(4) Qualified political advertisement.--For purposes of this subsection, the term `qualified political advertisement' means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that-- ``(A) is made by or on behalf of a candidate; or ``(B) communicates a message relating to any political matter of national importance, including-- ``(i) a candidate; ``(ii) any election to Federal office; or ``(iii) a national legislative issue of public importance. ``(5) Time to maintain file.--The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years. ``(6) Safe harbor for platforms making best efforts to identify requests which are subject to record maintenance requirements.--In accordance with rules established by the Commission, if an online platform shows that the platform used best efforts to determine whether or not a request to purchase a qualified political advertisement was subject to the requirements of this subsection, the online platform shall not be considered to be in violation of such requirements. ``(7) Penalties.--For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.''. (b) Rulemaking.--Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules-- (1) requiring common data formats for the record required to be maintained under section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; (2) establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date; and (3) establishing the criteria for the safe harbor exception provided under paragraph (6) of section 304(k) of such Act (as added by subsection (a)). (c) Reporting.--Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on-- (1) matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a); (2) recommendations for any modifications to such section to assist in carrying out its purposes; and (3) identifying ways to bring transparency and accountability to political advertisements distributed online for free. SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF ONLINE ADVERTISING. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(b), is further amended by adding at the end the following new subsection: ``(d) Responsibilities of Broadcast Stations, Providers of Cable and Satellite Television, and Online Platforms.-- ``(1) Responsibilities described.--Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly. For purposes of the previous sentence, a station, provider, or online platform shall not be considered to have made reasonable efforts under this paragraph in the case of the availability of a communication unless the station, provider, or online platform directly inquires from the individual or entity making such purchase whether the purchase is to be made by a foreign national, directly or indirectly. ``(2) Special rules for disbursement paid with credit card.--For purposes of paragraph (1), a television or radio broadcast station, provider of cable or satellite television, or online platform shall be considered to have made reasonable efforts under such paragraph in the case of a purchase of the availability of a communication which is made with a credit card if-- ``(A) the individual or entity making such purchase is required, at the time of making such purchase, to disclose the credit verification value of such credit card; and ``(B) the billing address associated with such credit card is located in the United States or, in the case of a purchase made by an individual who is a United States citizen living outside of the United States, the individual provides the television or radio broadcast station, provider of cable or satellite television, or online platform with the United States mailing address the individual uses for voter registration purposes.''. SEC. 4210. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE POLITICAL CONTENT CONSUMPTION. (a) Independent Study.--Not later than 30 days after the date of enactment of this Act, the Federal Election Commission shall commission an independent study and report on media literacy with respect to online political content consumption among voting-age Americans. (b) Elements.--The study and report under subsection (a) shall include the following: (1) An evaluation of media literacy skills, such as the ability to evaluate sources, synthesize multiple accounts into a coherent understanding of an issue, understand the context of communications, and responsibly create and share information, among voting-age Americans. (2) An analysis of the effects of media literacy education and particular media literacy skills on the ability to critically consume online political content, including political advertising. (3) Recommendations for improving voting-age Americans' ability to critically consume online political content, including political advertising. (c) Deadline.--Not later than 270 days after the date of enactment of this Act, the entity conducting the study and report under subsection (a) shall submit the report to the Commission. (d) Submission to Congress.--Not later than 30 days after receiving the report under subsection (c), the Commission shall submit the report to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, together with such comments on the report as the Commission considers appropriate. (e) Definition of Media Literacy.--The term ``media literacy'' means the ability to-- (1) access relevant and accurate information through media; (2) critically analyze media content and the influences of media; (3) evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information; (4) make educated decisions based on information obtained from media and digital sources; (5) operate various forms of technology and digital tools; and (6) reflect on how the use of media and technology may affect private and public life. SEC. 4211. REQUIRING ONLINE PLATFORMS TO DISPLAY NOTICES IDENTIFYING SPONSORS OF POLITICAL ADVERTISEMENTS AND TO ENSURE NOTICES CONTINUE TO BE PRESENT WHEN ADVERTISEMENTS ARE SHARED. (a) Requirement.--Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 4002 and section 4208(a), is amended by adding at the end the following new subsection: ``(l) Ensuring Display and Sharing of Sponsor Identification in Online Political Advertisements.-- ``(1) Requirement.-- An online platform displaying a qualified political advertisement shall-- ``(A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and ``(B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform. ``(2) Definitions.--In this subsection,-- ``(A) the term `online platform' has the meaning given such term in subsection (k)(3); and ``(B) the term `qualified political advertisement' has the meaning given such term in subsection (k)(4).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120-day period which begins on the date of the enactment of this Act. Subtitle D--Stand By Every Ad SEC. 4301. SHORT TITLE. This subtitle may be cited as the ``Stand By Every Ad Act''. SEC. 4302. STAND BY EVERY AD. (a) Expanded Disclaimer Requirements for Certain Communications.-- Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120), as amended by section 4207(b)(1), is further amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following new subsection: ``(e) Expanded Disclaimer Requirements for Communications Not Authorized by Candidates or Committees.-- ``(1) In general.--Except as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an Internet or digital communication), or which is an Internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: ``(A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). ``(B) If the communication is transmitted in a video format, or is an Internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324-- ``(i) the Top Five Funders list (if applicable); or ``(ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an Internet or digital communication, a hyperlink to such website. ``(C) If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324-- ``(i) the Top Two Funders list (if applicable); or ``(ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable). ``(2) Disclosure statements described.-- ``(A) Individual disclosure statements.--The individual disclosure statement described in this subparagraph is the following: `I am ________, and I approve this message.', with the blank filled in with the name of the applicable individual. ``(B) Organizational disclosure statements.--The organizational disclosure statement described in this subparagraph is the following: `I am ________, the ________ of ________, and ________ approves this message.', with-- ``(i) the first blank to be filled in with the name of the applicable individual; ``(ii) the second blank to be filled in with the title of the applicable individual; and ``(iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. ``(3) Method of conveyance of statement.-- ``(A) Communications in text or graphic format.--In the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. ``(B) Communications transmitted in audio format.-- In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. ``(C) Communications transmitted in video format.-- In the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1)-- ``(i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and ``(ii) shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. ``(4) Applicable individual defined.--The term `applicable individual' means, with respect to a communication to which this subsection applies-- ``(A) if the communication is paid for by an individual, the individual involved; ``(B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); ``(C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and ``(D) if the communication is paid for by any other person, the highest ranking official of such person. ``(5) Top five funders list and top two funders list defined.-- ``(A) Top five funders list.--The term `Top Five Funders list' means, with respect to a communication which is paid for in whole or in part with a campaign- related disbursement (as defined in section 324), a list of the five persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Five Funders list. ``(B) Top two funders list.--The term `Top Two Funders list' means, with respect to a communication which is paid for in whole or in part with a campaign- related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Two Funders list. ``(C) Exclusion of certain payments.--For purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: ``(i) Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. ``(ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements. ``(6) Special rules for certain communications.-- ``(A) Exception for communications paid for by political parties and certain political committees.-- This subsection does not apply to any communication to which subsection (d)(2) applies. ``(B) Treatment of video communications lasting 10 seconds or less.--In the case of a communication to which this subsection applies which is transmitted in a video format, or is an Internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: ``(i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). ``(ii) The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. ``(iii) The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication. ``(iv) To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii).''. (b) Application of Expanded Requirements to Public Communications Consisting of Campaign-Related Disbursements.-- (1) In general.--Section 318(a) of such Act (52 U.S.C. 30120(a)) is amended by striking ``for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate'' and inserting ``for a campaign- related disbursement, as defined in section 324, consisting of a public communication''. (2) Clarification of exemption from inclusion of candidate disclaimer statement in federal judicial nomination communications.--Section 318(a)(3) of such Act (52 U.S.C. 30120(a)(3)) is amended by striking ``shall state'' and inserting ``shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(2)) state''. (c) Exception for Communications Paid for by Political Parties and Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C. 30120(d)(2)) is amended-- (1) in the heading, by striking ``others'' and inserting ``certain political committees''; (2) by striking ``Any communication'' and inserting ``(A) Any communication''; (3) by inserting ``which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and'' after ``subsection (a)''; (4) by striking ``or other person'' each place it appears; and (5) by adding at the end the following new subparagraph: ``(B)(i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. ``(ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: ``(I) Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. ``(II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign- related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements.''. SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH PRERECORDED TELEPHONE CALLS. (a) Application of Requirements.-- (1) In general.--Section 318(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by section 4205(c), is amended by striking ``public communication'' each place it appears and inserting the following: ``public communication (including a telephone call consisting in substantial part of a prerecorded audio message)''. (2) Application to communications subject to expanded disclaimer requirements.--Section 318(e)(1) of such Act (52 U.S.C. 30120(e)(1)), as added by section 4302(a), is amended in the matter preceding subparagraph (A) by striking ``which is transmitted in an audio or video format'' and inserting ``which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message''. (b) Treatment as Communication Transmitted in Audio Format.-- (1) Communications by candidates or authorized persons.-- Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by adding at the end the following new paragraph: ``(3) Prerecorded telephone calls.--Any communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call.''. (2) Communications subject to expanded disclaimer requirements.--Section 318(e)(3) of such Act (52 U.S.C. 30120(e)(3)), as added by section 4302(a), is amended by adding at the end the following new subparagraph: ``(D) Prerecorded telephone calls.--In the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format.''. SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON INTERNET COMMUNICATIONS. Nothing in this subtitle or the amendments made by this subtitle may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications. SEC. 4305. EFFECTIVE DATE. The amendments made by this subtitle shall apply with respect to communications made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. Subtitle E--Deterring Foreign Interference in Elections PART 1--DETERRENCE UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971 SEC. 4401. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION BETWEEN CANDIDATES AND FOREIGN POWERS. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(b) and section 4209, is further amended by adding at the end the following new subsection: ``(e) Restrictions on Exchange of Information Between Candidates and Foreign Powers.-- ``(1) Treatment of offer to share nonpublic campaign material as solicitation of contribution from foreign national.--If a candidate or an individual affiliated with the campaign of a candidate, or if a political committee or an individual affiliated with a political committee, provides or offers to provide nonpublic campaign material to a covered foreign national or to another person whom the candidate, committee, or individual knows or has reason to know will provide the material to a covered foreign national, the candidate, committee, or individual (as the case may be) shall be considered for purposes of this section to have solicited a contribution or donation described in subsection (a)(1)(A) from a foreign national. ``(2) Definitions.--In this subsection, the following definitions apply: ``(A) The term `candidate' means an individual who seeks nomination for, or election to, any Federal, State, or local public office. ``(B) The term `covered foreign national' has the meaning given such term in section 304(j)(3)(C). ``(C) The term `individual affiliated with a campaign' means, with respect to a candidate, an employee of any organization legally authorized under Federal, State, or local law to support the candidate's campaign for nomination for, or election to, any Federal, State, or local public office, as well as any independent contractor of such an organization and any individual who performs services on behalf of the organization, whether paid or unpaid. ``(D) The term `individual affiliated with a political committee' means, with respect to a political committee, an employee of the committee as well as any independent contractor of the committee and any individual who performs services on behalf of the committee, whether paid or unpaid. ``(E) The term `nonpublic campaign material' means, with respect to a candidate or a political committee, campaign material that is produced by the candidate or the committee or produced at the candidate or committee's expense or request which is not distributed or made available to the general public or otherwise in the public domain, including polling and focus group data and opposition research, except that such term does not include material produced for purposes of consultations relating solely to the candidate's or committee's position on a legislative or policy matter.''. SEC. 4402. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE OF COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE INTERESTS. Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the following new paragraph: ``(10) For purposes of paragraph (7), an expenditure or disbursement may be considered to have been made in cooperation, consultation, or concert with, or coordinated with, a person without regard to whether or not the cooperation, consultation, or coordination is carried out pursuant to agreement or formal collaboration.''. SEC. 4403. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(a), section 4101(b), section 4209, and section 4401, is further amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``; or''; and (C) by adding at the end the following: ``(4) a person to knowingly provide substantial assistance to another person in carrying out an activity described in paragraph (1), (2), or (3).''; and (2) by adding at the end the following new subsections: ``(f) Knowingly Described.-- ``(1) In general.--For purposes of subsection (a)(4), the term `knowingly' means actual knowledge, constructive knowledge, awareness of pertinent facts that would lead a reasonable person to conclude there is a substantial probability, or awareness of pertinent facts that would lead a reasonable person to conduct a reasonable inquiry to establish-- ``(A) with respect to an activity described in subsection (a)(1), that the contribution, donation, expenditure, independent expenditure, or disbursement is from a foreign national; ``(B) with respect to an activity described in subsection (a)(2), that the contribution or donation solicited, accepted, or received is from a foreign national; and ``(C) with respect to an activity described in subsection (a)(3), that the person directing, dictating, controlling, or directly or indirectly participating in the decisionmaking process is a foreign national. ``(2) Pertinent facts.--For purposes of paragraph (1), pertinent facts include, but are not limited to, that the person making the contribution, donation, expenditure, independent expenditure, or disbursement, or that the person from whom the contribution or donation is solicited, accepted, or received, or that the person directing, dictating, controlling, or directly or indirectly participating in the decisionmaking process-- ``(A) uses a foreign passport or passport number for identification purposes; ``(B) provides a foreign address; ``(C) uses a check or other written instrument drawn on a foreign bank, or by a wire transfer from a foreign bank, in carrying out the activity; or ``(D) resides abroad. ``(g) Substantial Assistance Defined.--As used in this section, the term `substantial assistance' means, with respect to an activity prohibited by paragraph (1), (2), or (3) of subsection (a), involvement with an intent to facilitate successful completion of the activity.''. SEC. 4404. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN. (a) Clarification of Treatment of Provision of Certain Information as Contribution or Donation of a Thing of Value.--Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121), as amended by section 4101(a), section 4101(b), section 4209, section 4401, and section 4403, is amended by adding at the end the following new subsection: ``(h) Clarification of Treatment of Provision of Certain Information as Contribution or Donation of a Thing of Value.--For purposes of this section, a `contribution or donation of money or other thing of value' includes the provision of opposition research, polling, or other non-public information relating to a candidate for election for a Federal, State, or local office for the purpose of influencing the election, regardless of whether such research, polling, or information has monetary value, except that nothing in this subsection shall be construed to treat the mere provision of an opinion about a candidate as a thing of value for purposes of this section.''. (b) Clarification of Application of Foreign Money Ban to All Contributions and Donations of Things of Value and to All Solicitations of Contributions and Donations of Things of Value.--Section 319(a) of such Act (52 U.S.C. 30121(a)) is amended-- (1) in paragraph (1)(A), by striking ``promise to make a contribution or donation'' and inserting ``promise to make such a contribution or donation''; (2) in paragraph (1)(B), by striking ``donation'' and inserting ``donation of money or other thing of value, or to make an express or implied promise to make such a contribution or donation,''; and (3) by amending paragraph (2) to read as follows: ``(2) a person to solicit, accept, or receive (directly or indirectly) a contribution, donation, or disbursement described in paragraph (1), or to solicit, accept, or receive (directly or indirectly) an express or implied promise to make such a contribution or donation, from a foreign national.''. PART 2--NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN NATIONALS SEC. 4411. NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN NATIONALS. (a) Requiring Disclosure.--If the Federal Election Commission makes a determination that a foreign national has initiated or has attempted to initiate a disinformation campaign targeted at an election for public office held in a State, the Commission shall notify the State involved of the determination not later than 30 days after making the determination. (b) Definitions.--In this section the term ``foreign national'' has the meaning given such term in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)). PART 3--PROHIBITING USE OF DEEPFAKES IN ELECTION CAMPAIGNS SEC. 4421. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AUDIO OR VISUAL MEDIA PRIOR TO ELECTION. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: ``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE MEDIA PRIOR TO ELECTION. ``(a) In General.--Except as provided in subsections (b) and (c), a person, political committee, or other entity shall not, within 60 days of an election for Federal office at which a candidate for elective office will appear on the ballot, distribute, with actual malice, materially deceptive audio or visual media of the candidate with the intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate. ``(b) Exception.-- ``(1) Required language.--The prohibition in subsection (a) does not apply if the audio or visual media includes-- ``(A) a disclosure stating: ``This _____ has been manipulated.''; and ``(B) filled in the blank in the disclosure under subparagraph (A), the term `image', `video', or `audio', as most accurately describes the media. ``(2) Visual media.--For visual media, the text of the disclosure shall appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the visual media. If the visual media does not include any other text, the disclosure shall appear in a size that is easily readable by the average viewer. For visual media that is video, the disclosure shall appear for the duration of the video. ``(3) Audio-only media.--If the media consists of audio only, the disclosure shall be read in a clearly spoken manner and in a pitch that can be easily heard by the average listener, at the beginning of the audio, at the end of the audio, and, if the audio is greater than 2 minutes in length, interspersed within the audio at intervals of not greater than 2 minutes each. ``(c) Inapplicability to Certain Entities.--This section does not apply to the following: ``(1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts materially deceptive audio or visual media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that there are questions about the authenticity of the materially deceptive audio or visual media. ``(2) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audio or visual media. ``(3) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audio or visual media prohibited by this section, if the publication clearly states that the materially deceptive audio or visual media does not accurately represent the speech or conduct of the candidate. ``(4) Materially deceptive audio or visual media that constitutes satire or parody. ``(d) Civil Action.-- ``(1) Injunctive or other equitable relief.--A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may seek injunctive or other equitable relief prohibiting the distribution of audio or visual media in violation of this section. An action under this paragraph shall be entitled to precedence in accordance with the Federal Rules of Civil Procedure. ``(2) Damages.--A candidate for elective office whose voice or likeness appears in a materially deceptive audio or visual media distributed in violation of this section may bring an action for general or special damages against the person, committee, or other entity that distributed the materially deceptive audio or visual media. The court may also award a prevailing party reasonable attorney's fees and costs. This paragraph shall not be construed to limit or preclude a plaintiff from securing or recovering any other available remedy. ``(3) Burden of proof.--In any civil action alleging a violation of this section, the plaintiff shall bear the burden of establishing the violation through clear and convincing evidence. ``(e) Rule of Construction.--This section shall not be construed to alter or negate any rights, obligations, or immunities of an interactive service provider under section 230 of title 47, United States Code. ``(f) Materially Deceptive Audio or Visual Media Defined.--In this section, the term `materially deceptive audio or visual media' means an image or an audio or video recording of a candidate's appearance, speech, or conduct that has been intentionally manipulated in a manner such that both of the following conditions are met: ``(1) The image or audio or video recording would falsely appear to a reasonable person to be authentic. ``(2) The image or audio or video recording would cause a reasonable person to have a fundamentally different understanding or impression of the expressive content of the image or audio or video recording than that person would have if the person were hearing or seeing the unaltered, original version of the image or audio or video recording.''. (b) Criminal Penalties.--Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as amended by section 4004, is further amended by adding at the end the following new subparagraph: ``(G) Any person who knowingly and willfully commits a violation of section 325 shall be fined not more than $100,000, imprisoned not more than 5 years, or both.''. (c) Effect on Defamation Action.--For purposes of an action for defamation, a violation of section 325 of the Federal Election Campaign Act of 1971, as added by subsection (a), shall constitute defamation per se. PART 4--ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA FOR REGISTERED LOBBYISTS SEC. 4431. ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER FARA FOR REGISTERED LOBBYISTS. Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit to Congress an assessment of the implications of the exemption provided under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) for agents of foreign principals who are also registered lobbyists under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and shall include in the assessment an analysis of the extent to which revisions in such Acts might mitigate the risk of foreign government money influencing elections or political processes in the United States. Subtitle F--Secret Money Transparency SEC. 4501. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF CERTAIN NONPROFIT ORGANIZATIONS. Section 122 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. SEC. 4502. REPEAL OF REGULATIONS. The final regulations of the Department of the Treasury relating to guidance under section 6033 of the Internal Revenue Code of 1986 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect. Subtitle G--Shareholder Right-to-Know SEC. 4601. REPEAL OF RESTRICTION ON USE OF FUNDS BY SECURITIES AND EXCHANGE COMMISSION TO ENSURE SHAREHOLDERS OF CORPORATIONS HAVE KNOWLEDGE OF CORPORATION POLITICAL ACTIVITY. Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. SEC. 4602. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR POLITICAL PURPOSES. (a) Assessment Required.--The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 10D the following: ``SEC. 10E. ASSESSMENT OF SHAREHOLDER PREFERENCES FOR DISBURSEMENTS FOR POLITICAL PURPOSES. ``(a) Assessment Required Before Making a Disbursement for a Political Purpose.-- ``(1) Requirement.--An issuer with an equity security listed on a national securities exchange may not make a disbursement for a political purpose unless-- ``(A) the issuer has in place procedures to assess the preferences of the shareholders of the issuer with respect to making such disbursements; and ``(B) such an assessment has been made within the 1-year period ending on the date of such disbursement. ``(2) Treatment of issuers whose shareholders are prohibited from expressing preferences.--Notwithstanding paragraph (1), an issuer described under such paragraph with procedures in place to assess the preferences of its shareholders with respect to making disbursements for political purposes shall not be subject to the requirements of such paragraph if a majority of the number of the outstanding equity securities of the issuer are held by persons who are prohibited from expressing partisan or political preferences by law, contract, or the requirement to meet a fiduciary duty. ``(3) No assessment of preferences of foreign nationals.-- Notwithstanding paragraph (1), an issuer described in such paragraph shall not use the procedures described in such paragraph to assess the preferences of any shareholder who is a foreign national, as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121). ``(b) Assessment Requirements.--The assessment described under subsection (a) shall assess-- ``(1) which types of disbursements for a political purpose the shareholder believes the issuer should make; ``(2) whether the shareholder believes that such disbursements should be made in support of, or in opposition to, Republican, Democratic, Independent, or other political party candidates and political committees; ``(3) whether the shareholder believes that such disbursements should be made with respect to elections for Federal, State, or local office; and ``(4) such other information as the Commission may specify, by rule. ``(c) Disbursement for a Political Purpose Defined.-- ``(1) In general.--For purposes of this section, the term `disbursement for a political purpose' means any of the following: ``(A) A disbursement for an independent expenditure, as defined in section 301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(17)). ``(B) A disbursement for an electioneering communication, as defined in section 304(f) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)). ``(C) A disbursement for any public communication, as defined in section 301(22) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))-- ``(i) which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office; or ``(ii) which refers to a clearly identified candidate for election for Federal office and which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office. ``(D) Any other disbursement which is made for the purpose of influencing the outcome of an election for a public office. ``(E) Any transfer of funds to another person which is made with the intent that such person will use the funds to make a disbursement described in subparagraphs (A) through (D), or with the knowledge that the person will use the funds to make such a disbursement. ``(2) Exceptions.--The term `disbursement for a political purpose' does not include any of the following: ``(A) Any disbursement made from a separate segregated fund of the corporation under section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118). ``(B) Any transfer of funds to another person which is made in a commercial transaction in the ordinary course of any trade or business conducted by the corporation or in the form of investments made by the corporation. ``(C) Any transfer of funds to another person which is subject to a written prohibition against the use of the funds for a disbursement for a political purpose. ``(d) Other Definitions.--In this section, each of the terms `candidate', `election', `political committee', and `political party' has the meaning given such term under section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).''. (b) Conforming Amendment to Federal Election Campaign Act of 1971 To Prohibit Disbursements by Corporations Failing To Assess Preferences.--Section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end the following new subsection: ``(d) Prohibiting Disbursements by Corporations Failing To Assess Shareholder Preferences.-- ``(1) Prohibition.--It shall be unlawful for a corporation to make a disbursement for a political purpose unless the corporation has in place procedures to assess the preferences of its shareholders with respect to making such disbursements, as provided in section 10E of the Securities Exchange Act of 1934. ``(2) Definition.--In this section, the term `disbursement for a political purpose' has the meaning given such term in section 10E(c) of the Securities Exchange Act of 1934.''. (c) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after December 31, 2021. SEC. 4603. GOVERNANCE AND OPERATIONS OF CORPORATE PACS. (a) Assessment of Governance.--Section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118) is amended by adding at the end the following new subsection: ``(d) Assessment of Governance.--The Commission shall, on an ongoing basis, collect information on the governance of the separate segregated funds of corporations under this section, using the most recent statements of organization provided by such funds under section 303(a), including information on the following: ``(1) The extent to which such funds have by-laws which govern their operations. ``(2) The extent to which those funds which have by-laws which govern their operations use a board of directors to oversee the operation of the fund. ``(3) The characteristics of those individuals who serve on boards of directors which oversee the operations of such funds, including the relation of such individuals to the corporation.''. (b) Analysis of Donors.-- (1) Analysis.--The Federal Election Commission shall conduct an analysis of the composition of the base of donors to separate segregated funds of corporations under section 316 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30118). (2) Report.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to Congress a report on the analysis conducted under paragraph (1), and shall initiate the promulgation of a regulation to establish a new designation and classification of such separate segregated funds. Subtitle H--Disclosure of Political Spending by Government Contractors SEC. 4701. REPEAL OF RESTRICTION ON USE OF FUNDS TO REQUIRE DISCLOSURE OF POLITICAL SPENDING BY GOVERNMENT CONTRACTORS. Section 735 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. Subtitle I--Limitation and Disclosure Requirements for Presidential Inaugural Committees SEC. 4801. SHORT TITLE. This subtitle may be cited as the ``Presidential Inaugural Committee Oversight Act''. SEC. 4802. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND DISBURSEMENTS BY, INAUGURAL COMMITTEES. (a) Requirements for Inaugural Committees.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section 4421, is amended by adding at the end the following new section: ``SEC. 326. INAUGURAL COMMITTEES. ``(a) Prohibited Donations.-- ``(1) In general.--It shall be unlawful-- ``(A) for an Inaugural Committee-- ``(i) to solicit, accept, or receive a donation from a person that is not an individual; or ``(ii) to solicit, accept, or receive a donation from a foreign national; ``(B) for a person-- ``(i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation; ``(ii) to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or ``(iii) to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); and ``(C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee. ``(2) Conversion of donation to personal use.--For purposes of paragraph (1)(B)(iii), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code. ``(3) No effect on disbursement of unused funds to nonprofit organizations.--Nothing in this subsection may be construed to prohibit an Inaugural Committee from disbursing unused funds to an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(b) Limitation on Donations.-- ``(1) In general.--It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. ``(2) Indexing.--At the beginning of each Presidential election year (beginning with 2028), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(c) Disclosure of Certain Donations and Disbursements.-- ``(1) Donations over $1,000.-- ``(A) In general.--An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in an amount of $1,000 or more not later than 24 hours after the receipt of such donation. ``(B) Contents of report.--A report filed under subparagraph (A) shall contain-- ``(i) the amount of the donation; ``(ii) the date the donation is received; and ``(iii) the name and address of the individual making the donation. ``(2) Final report.--Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information: ``(A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200-- ``(i) the amount of the donation; ``(ii) the date the donation is received; and ``(iii) the name and address of the individual making the donation. ``(B) The total amount of all disbursements, and all disbursements in the following categories: ``(i) Disbursements made to meet committee operating expenses. ``(ii) Repayment of all loans. ``(iii) Donation refunds and other offsets to donations. ``(iv) Any other disbursements. ``(C) The name and address of each person-- ``(i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating expense, together with date, amount, and purpose of such operating expense; ``(ii) who receives a loan repayment from the committee, together with the date and amount of such loan repayment; ``(iii) who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and ``(iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement. ``(d) Definitions.--For purposes of this section: ``(1)(A) The term `donation' includes-- ``(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or ``(ii) the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose. ``(B) The term `donation' does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. ``(2) The term `foreign national' has the meaning given that term by section 319(b). ``(3) The term `Inaugural Committee' has the meaning given that term by section 501 of title 36, United States Code.''. (b) Confirming Amendment Related to Reporting Requirements.-- Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended-- (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). (c) Conforming Amendment Related to Status of Committee.--Section 510 of title 36, United States Code, is amended to read as follows: ``Sec. 510. Disclosure of and prohibition on certain donations ``A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of section 326 of the Federal Election Campaign Act of 1971.''. (d) Effective Date.--The amendments made by this Act shall apply with respect to Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2025 and any succeeding year. Subtitle J--Miscellaneous Provisions SEC. 4901. EFFECTIVE DATES OF PROVISIONS. Each provision of this title and each amendment made by a provision of this title shall take effect on the effective date provided under this title for such provision or such amendment without regard to whether or not the Federal Election Commission, the Attorney General, or any other person has promulgated regulations to carry out such provision or such amendment. SEC. 4902. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE V--CAMPAIGN FINANCE EMPOWERMENT Subtitle A--Findings Relating to Citizens United Decision Sec. 5001. Findings relating to Citizens United decision. Subtitle B--Congressional Elections Sec. 5100. Short title. Part 1--My Voice Voucher Pilot Program Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. Part 2--Small Dollar Financing of Congressional Election Campaigns Sec. 5111. Benefits and eligibility requirements for candidates. ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ``Subtitle A--Benefits ``Sec. 501. Benefits for participating candidates. ``Sec. 502. Procedures for making payments. ``Sec. 503. Use of funds. ``Sec. 504. Qualified small dollar contributions described. ``Subtitle B--Eligibility and Certification ``Sec. 511. Eligibility. ``Sec. 512. Qualifying requirements. ``Sec. 513. Certification. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``Sec. 521. Contribution and expenditure requirements. ``Sec. 522. Administration of campaign. ``Sec. 523. Preventing unnecessary spending of public funds. ``Sec. 524. Remitting unspent funds after election. ``Subtitle D--Enhanced Match Support ``Sec. 531. Enhanced support for general election. ``Sec. 532. Eligibility. ``Sec. 533. Amount. ``Sec. 534. Waiver of authority to retain portion of unspent funds after election. ``Subtitle E--Administrative Provisions ``Sec. 541. Freedom From Influence Fund. ``Sec. 542. Reviews and reports by Government Accountability Office. ``Sec. 543. Administration by Commission. ``Sec. 544. Violations and penalties. ``Sec. 545. Appeals process. ``Sec. 546. Indexing of amounts. ``Sec. 547. Election cycle defined. Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 5114. Assessments against fines and penalties. Sec. 5115. Study and report on small dollar financing program. Sec. 5116. Effective date. Subtitle C--Presidential Elections Sec. 5200. Short title. Part 1--Primary Elections Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. Sec. 5207. Use of Freedom From Influence Fund as source of payments. Part 2--General Elections Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and accounting compliance. Sec. 5218. Use of Freedom From Influence Fund as source of payments. Part 3--Effective Date Sec. 5221. Effective date. Subtitle D--Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings; purpose. Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle E--Empowering Small Dollar Donations Sec. 5401. Permitting political party committees to provide enhanced support for candidates through use of separate small dollar accounts. Subtitle F--Severability Sec. 5501. Severability. Subtitle A--Findings Relating to Citizens United Decision SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED DECISION. Congress finds the following: (1) The American Republic was founded on the principle that all people are created equal, with rights and responsibilities as citizens to vote, be represented, speak, debate, and participate in self-government on equal terms regardless of wealth. To secure these rights and responsibilities, our Constitution not only protects the equal rights of all Americans but also provides checks and balances to prevent corruption and prevent concentrated power and wealth from undermining effective self-government. (2) The Founders designed the First Amendment to help prevent tyranny by ensuring that the people have the tools they need to ensure self-government and to keep their elected leaders responsive to the public. The Amendment thus guarantees the right of everyone to speak, to petition the government for redress, to assemble together, and for a free press. If only the wealthiest individuals can participate meaningfully in our democracy, then these First Amendment principles become an illusion. (3) Campaign finance laws promote these First Amendment interests. They increase robust debate from diverse voices, enhance the responsiveness of elected officeholders, and help prevent corruption. They do not censor anyone's speech but simply ensure that no one's speech is drowned out. The Supreme Court has failed to recognize that these laws are essential, proactive rules that help guarantee true democratic self- government. (4) The Supreme Court's decisions in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon v. FEC, 572 U.S. 185 (2014), as well as other court decisions, erroneously invalidated even-handed rules about the spending of money in local, State, and Federal elections. These rules do not prevent anyone from speaking their mind, much less pick winners and losers of political debates. Although the Court has upheld other content-neutral laws like these, it has failed to apply to same logic to campaign finance laws. These flawed decisions have empowered large corporations, extremely wealthy individuals, and special interests to dominate election spending, corrupt our politics, and degrade our democracy through tidal waves of unlimited and anonymous spending. These decisions also stand in contrast to a long history of efforts by Congress and the States to regulate money in politics to protect democracy, and they illustrate a troubling deregulatory trend in campaign finance-related court decisions. Additionally, an unknown amount of foreign money continues to be spent in our political system as subsidiaries of foreign- based corporations and hostile foreign actors sometimes connected to nation-states work to influence our elections. (5) The Supreme Court's misinterpretation of the Constitution to empower monied interests at the expense of the American people in elections has seriously eroded over 100 years of congressional action to promote fairness and protect elections from the toxic influence of money. (6) In 1907, Congress passed the Tillman Act in response to the concentration of corporate power in the post-Civil War Gilded Age. The Act prohibited corporations from making contributions in connection with Federal elections, aiming ``not merely to prevent the subversion of the integrity of the electoral process * * * to sustain the active, alert responsibility of the individual citizen in a democracy for the wise conduct of government''. (7) By 1910, Congress began passing disclosure requirements and campaign expenditure limits, and dozens of States passed corrupt practices Acts to prohibit corporate spending in elections. States also enacted campaign spending limits, and some States limited the amount that people could contribute to campaigns. (8) In 1947, the Taft-Hartley Act prohibited corporations and unions from making campaign contributions or other expenditures to influence elections. In 1962, a Presidential commission on election spending recommended spending limits and incentives to increase small contributions from more people. (9) The Federal Election Campaign Act of 1971 (FECA), as amended in 1974, required disclosure of contributions and expenditures, imposed contribution and expenditure limits for individuals and groups, set spending limits for campaigns, candidates, and groups, implemented a public funding system for Presidential campaigns, and created the Federal Election Commission to oversee and enforce the new rules. (10) In the wake of Citizens United and other damaging Federal court decisions, Americans have witnessed an explosion of outside spending in elections. Outside spending increased more than 700 percent between the 2008 and 2020 Presidential election years. Spending by outside groups nearly doubled again from 2016 to 2020 with super PACs, tax-exempt groups, and others spending more than $3,000,000,000. And as political entities adapt to a post-Citizens United, post-McCutcheon landscape, these trends are getting worse, as evidenced by the record-setting 2020 elections which cost more than $14,000,000,000 in total. (11) Since the landmark Citizens United decision, 21 States and more than 800 municipalities, including large cities like New York, Los Angeles, Chicago, and Philadelphia, have gone on record supporting a constitutional amendment. Transcending political leanings and geographic location, voters in States and municipalities across the country that have placed amendment questions on the ballot have routinely supported these initiatives by considerably large margins. (12) The Court has tied the hands of Congress and the States, severely restricting them from setting reasonable limits on campaign spending. For example, the Court has held that only the Government's interest in preventing quid pro quo corruption, like bribery, or the appearance of such corruption, can justify limits on campaign contributions. More broadly, the Court has severely curtailed attempts to reduce the ability of the Nation's wealthiest and most powerful to skew our democracy in their favor by buying outsized influence in our elections. Because this distortion of the Constitution has prevented other critical regulation or reform of the way we finance elections in America, a constitutional amendment is needed to achieve a democracy for all the people. (13) The torrent of money flowing into our political system has a profound effect on the democratic process for everyday Americans, whose voices and policy preferences are increasingly being drowned out by those of wealthy special interests. The more campaign cash from wealthy special interests can flood our elections, the more policies that favor those interests are reflected in the national political agenda. When it comes to policy preferences, our Nation's wealthiest tend to have fundamentally different views than do average Americans when it comes to issues ranging from unemployment benefits to the minimum wage to health care coverage. (14) At the same time millions of Americans have signed petitions, marched, called their Members of Congress, written letters to the editor, and otherwise demonstrated their public support for a constitutional amendment to overturn Citizens United that will allow Congress to reign in the outsized influence of unchecked money in politics. Dozens of organizations, representing tens of millions of individuals, have come together in a shared strategy of supporting such an amendment. (15) In order to protect the integrity of democracy and the electoral process and to ensure political equality for all, the Constitution should be amended so that Congress and the States may regulate and set limits on the raising and spending of money to influence elections and may distinguish between natural persons and artificial entities, like corporations, that are created by law, including by prohibiting such artificial entities from spending money to influence elections. Subtitle B--Congressional Elections SEC. 5100. SHORT TITLE. This subtitle may be cited as the ``Government By the People Act of 2021''. PART 1--MY VOICE VOUCHER PILOT PROGRAM SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM. (a) Establishment.--The Federal Election Commission (hereafter in this part referred to as the ``Commission'') shall establish a pilot program under which the Commission shall select 3 eligible States to operate a voucher pilot program which is described in section 5102 during the program operation period. (b) Eligibility of States.--A State is eligible to be selected to operate a voucher pilot program under this part if, not later than 180 days after the beginning of the program application period, the State submits to the Commission an application containing-- (1) information and assurances that the State will operate a voucher program which contains the elements described in section 5102(a); (2) information and assurances that the State will establish fraud prevention mechanisms described in section 5102(b); (3) information and assurances that the State will establish a commission to oversee and implement the program as described in section 5102(c); (4) information and assurances that the State will carry out a public information campaign as described in section 5102(d); (5) information and assurances that the State will submit reports as required under section 5103; and (6) such other information and assurances as the Commission may require. (c) Selection of Participating States.-- (1) In general.--Not later than 1 year after the beginning of the program application period, the Commission shall select the 3 States which will operate voucher pilot programs under this part. (2) Criteria.--In selecting States for the operation of the voucher pilot programs under this part, the Commission shall apply such criteria and metrics as the Commission considers appropriate to determine the ability of a State to operate the program successfully, and shall attempt to select States in a variety of geographic regions and with a variety of political party preferences. (3) No supermajority required for selection.--The selection of States by the Commission under this subsection shall require the approval of only half of the Members of the Commission. (d) Duties of States During Program Preparation Period.--During the program preparation period, each State selected to operate a voucher pilot program under this part shall take such actions as may be necessary to ensure that the State will be ready to operate the program during the program operation period, and shall complete such actions not later than 90 days before the beginning of the program operation period. (e) Termination.--Each voucher pilot program under this part shall terminate as of the first day after the program operation period. (f) Reimbursement of Costs.-- (1) Reimbursement.--Upon receiving the report submitted by a State under section 5103(a) with respect to an election cycle, the Commission shall transmit a payment to the State in an amount equal to the reasonable costs incurred by the State in operating the voucher pilot program under this part during the cycle. (2) Source of funds.--Payments to States under the program shall be made using amounts in the Freedom From Influence Fund under section 541 of the Federal Election Campaign Act of 1971 (as added by section 5111), hereafter referred to as the ``Fund''. (3) Mandatory reduction of payments in case of insufficient amounts in freedom from influence fund.-- (A) Advance audits by commission.--Not later than 90 days before the first day of each program operation period, the Commission shall-- (i) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by section 5111), the amounts remaining in the Fund will be sufficient to make payments to States under this part in the amounts provided under this subsection; and (ii) submit a report to Congress describing the results of the audit. (B) Reductions in amount of payments.-- (i) Automatic reduction on pro rata basis.--If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to an election cycle involved is not, or may not be, sufficient to make payments to States under this part in the full amount provided under this subsection, the Commission shall reduce each amount which would otherwise be paid to a State under this subsection by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (ii) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to States with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such State with respect to the cycle in the amount by which such State's payments were reduced under clause (i) (or any portion thereof, as the case may be). (iii) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to States under this part, moneys shall not be made available from any other source for the purpose of making such payments. (4) Cap on amount of payment.--The aggregate amount of payments made to any State with respect to any program operation period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to the program operation period involved is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such period, the State shall reduce the amount of the voucher provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such period. SEC. 5102. VOUCHER PROGRAM DESCRIBED. (a) General Elements of Program.-- (1) Elements described.--The elements of a voucher pilot program operated by a State under this part are as follows: (A) The State shall provide each qualified individual upon the individual's request with a voucher worth $25 to be known as a ``My Voice Voucher'' during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form. (B) Using the routing number assigned to the My Voice Voucher, the individual may submit the My Voice Voucher in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the My Voice Voucher in increments of $5 as the individual may select to any such candidate. (C) If the candidate transmits the My Voice Voucher to the Commission, the Commission shall pay the candidate the portion of the value of the My Voice Voucher that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (2) Designation of qualified individuals.--For purposes of paragraph (1)(A), a ``qualified individual'' with respect to a State means an individual-- (A) who is a resident of the State; (B) who will be of voting age as of the date of the election for the candidate to whom the individual submits a My Voice Voucher; and (C) who is not prohibited under Federal law from making contributions to candidates for election for Federal office. (3) Treatment as contribution to candidate.--For purposes of the Federal Election Campaign Act of 1971, the submission of a My Voice Voucher to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Voucher that the individual allocated to the candidate. (b) Fraud Prevention Mechanism.--In addition to the elements described in subsection (a), a State operating a voucher pilot program under this part shall permit an individual to revoke a My Voice Voucher not later than 2 days after submitting the My Voice Voucher to a candidate. (c) Oversight Commission.--In addition to the elements described in subsection (a), a State operating a voucher pilot program under this part shall establish a commission or designate an existing entity to oversee and implement the program in the State, except that no such commission or entity may be comprised of elected officials. (d) Public Information Campaign.--In addition to the elements described in subsection (a), a State operating a voucher pilot program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals. SEC. 5103. REPORTS. (a) Preliminary Report.--Not later than 6 months after the first election cycle of the program operation period, a State which operates a voucher pilot program under this part shall submit a report to the Commission analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require. (b) Final Report.--Not later than 6 months after the end of the program operation period, the State shall submit a final report to the Commission analyzing the operation and effectiveness of the program and including such other information as the Commission may require. (c) Study and Report on Impact and Effectiveness of Voucher Programs.-- (1) Study.--The Federal Election Commission shall conduct a study on the efficacy of political voucher programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates. (2) Report.--Not later than 1 year after the date of the enactment of this Act, the Commission shall publish and submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Commission considers appropriate which would enable political voucher programs to be implemented on a national scale. SEC. 5104. DEFINITIONS. (a) Election Cycle.--In this part, the term ``election cycle'' means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. (b) Definitions Relating to Periods.--In this part, the following definitions apply: (1) Program application period.--The term ``program application period'' means the first election cycle which begins after the date of the enactment of this Act. (2) Program preparation period.--The term ``program preparation period'' means the first election cycle which begins after the program application period. (3) Program operation period.--The term ``program operation period'' means the first 2 election cycles which begin after the program preparation period. PART 2--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES. The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following: ``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS ``Subtitle A--Benefits ``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. ``(a) In General.--If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. ``(b) Amount of Payment.--The amount of a payment made under this title shall be equal to 600 percent of the amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle, without regard to whether or not the candidate received any of the contributions before, during, or after the Small Dollar Democracy qualifying period applicable to the candidate under section 511(c). ``(c) Limit on Aggregate Amount of Payments.--The aggregate amount of payments made to a participating candidate with respect to an election cycle under this title may not exceed 50 percent of the average of the 20 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle, rounded to the nearest $100,000. ``SEC. 502. PROCEDURES FOR MAKING PAYMENTS. ``(a) In General.--The Commission shall make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes-- ``(1) a statement of the number and amount of qualified small dollar contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; ``(2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; ``(3) a statement of the total amount of payments the candidate has received under this title as of the date of the statement; and ``(4) such other information and assurances as the Commission may require. ``(b) Restrictions on Submission of Requests.--A candidate may not submit a request under subsection (a) unless each of the following applies: ``(1) The amount of the qualified small dollar contributions in the statement referred to in subsection (a)(1) is equal to or greater than $5,000, unless the request is submitted during the 30-day period which ends on the date of a general election. ``(2) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. ``(c) Time of Payment.--The Commission shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a). ``SEC. 503. USE OF FUNDS. ``(a) Use of Funds for Authorized Campaign Expenditures.--A candidate shall use payments made under this title, including payments provided with respect to a previous election cycle which are withheld from remittance to the Commission in accordance with section 524(a)(2), only for making direct payments for the receipt of goods and services which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved. ``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or Penalties.--Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty. ``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED. ``(a) In General.--In this title, the term `qualified small dollar contribution' means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: ``(1) The contribution is in an amount that is-- ``(A) not less than $1; and ``(B) not more than $200. ``(2)(A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- ``(i) forwarded from the individual making the contribution to the candidate or committee by another person; or ``(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. ``(B) In this paragraph-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and ``(ii) a contribution is not `made at the request, suggestion, or recommendation of another person' solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual. ``(3) The individual who makes the contribution does not make contributions to the candidate or the authorized committees of the candidate with respect to the election involved in an aggregate amount that exceeds the amount described in paragraph (1)(B), or any contribution to the candidate or the authorized committees of the candidate with respect to the election involved that otherwise is not a qualified small dollar contribution. ``(b) Treatment of My Voice Vouchers.--Any payment received by a candidate and the authorized committees of a candidate which consists of a My Voice Voucher under the Government By the People Act of 2021 shall be considered a qualified small dollar contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). ``(c) Restriction on Subsequent Contributions.-- ``(1) Prohibiting donor from making subsequent nonqualified contributions during election cycle.-- ``(A) In general.--An individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election may not make any subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election cycle which is not a qualified small dollar contribution. ``(B) Exception for contributions to candidates who voluntarily withdraw from participation during qualifying period.--Subparagraph (A) does not apply with respect to a contribution made to a candidate who, during the Small Dollar Democracy qualifying period described in section 511(c), submits a statement to the Commission under section 513(c) to voluntarily withdraw from participating in the program under this title. ``(2) Treatment of subsequent nonqualified contributions.-- If, notwithstanding the prohibition described in paragraph (1), an individual who makes a qualified small dollar contribution to a candidate or the authorized committees of a candidate with respect to an election makes a subsequent contribution to such candidate or the authorized committees of such candidate with respect to the election which is prohibited under paragraph (1) because it is not a qualified small dollar contribution, the candidate may take one of the following actions: ``(A) Not later than 2 weeks after receiving the contribution, the candidate may return the subsequent contribution to the individual. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a). ``(B) The candidate may retain the subsequent contribution, so long as not later than 2 weeks after receiving the subsequent contribution, the candidate remits to the Commission for deposit in the Freedom From Influence Fund under section 541 an amount equal to any payments received by the candidate under this title which are attributable to the qualified small dollar contribution made by the individual involved. ``(3) No effect on ability to make multiple contributions.--Nothing in this section may be construed to prohibit an individual from making multiple qualified small dollar contributions to any candidate or any number of candidates, so long as each contribution meets each of the requirements of paragraphs (1), (2), and (3) of subsection (a). ``(d) Notification Requirements for Candidates.-- ``(1) Notification.--Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any internet site through which individuals may make contributions to the committee: ``(A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified small dollar contributions received. ``(B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified small dollar contribution under this title. ``(C) A statement that if a contribution is treated as qualified small dollar contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified small dollar contribution. ``(2) Alternative methods of meeting requirements.--An authorized committee may meet the requirements of paragraph (1)-- ``(A) by including the information described in paragraph (1) in the receipt provided under section 512(b)(3) to a person making a qualified small dollar contribution; or ``(B) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the internet). ``Subtitle B--Eligibility and Certification ``SEC. 511. ELIGIBILITY. ``(a) In General.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: ``(1) The candidate files with the Commission a statement of intent to seek certification as a participating candidate. ``(2) The candidate meets the qualifying requirements of section 512. ``(3) The candidate files with the Commission a statement certifying that the authorized committees of the candidate meet the requirements of section 504(d). ``(4) Not later than the last day of the Small Dollar Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate-- ``(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; ``(B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and ``(C) has either qualified or will take steps to qualify under State law to be on the ballot. ``(b) General Election.--Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. ``(c) Small Dollar Democracy Qualifying Period Defined.--The term `Small Dollar Democracy qualifying period' means, with respect to any candidate for an office, the 180-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before the date of the general election for the office. ``SEC. 512. QUALIFYING REQUIREMENTS. ``(a) Receipt of Qualified Small Dollar Contributions.--A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Small Dollar Democracy qualifying period described in section 511(c), each of the following occurs: ``(1) Not fewer than 1,000 individuals make a qualified small dollar contribution to the candidate. ``(2) The candidate obtains a total dollar amount of qualified small dollar contributions which is equal to or greater than $50,000. ``(b) Requirements Relating to Receipt of Qualified Small Dollar Contribution.--Each qualified small dollar contribution-- ``(1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or any other method deemed appropriate by the Commission; ``(2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing the contributor's name and address; and ``(3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission. ``(c) Verification of Contributions.--The Commission shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title. ``SEC. 513. CERTIFICATION. ``(a) Deadline and Notification.-- ``(1) In general.--Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Commission shall-- ``(A) determine whether or not the candidate meets the requirements for certification as a participating candidate; ``(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and ``(C) notify the candidate of the Commission's determination. ``(2) Deemed certification for all elections in election cycle.--If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commission shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. ``(b) Revocation of Certification.-- ``(1) In general.--The Commission shall revoke a certification under subsection (a) if-- ``(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); ``(B) a candidate ceases to be a candidate for the office involved, as determined on the basis of an official announcement by an authorized committee of the candidate or on the basis of a reasonable determination by the Commission; or ``(C) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. ``(2) Existence of criminal sanction.--The Commission shall revoke a certification under subsection (a) if a penalty is assessed against the candidate under section 309(d) with respect to the election. ``(3) Effect of revocation.--If a candidate's certification is revoked under this subsection-- ``(A) the candidate may not receive payments under this title during the remainder of the election cycle involved; and ``(B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)-- ``(i) the candidate shall repay to the Freedom From Influence Fund established under section 541 an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission on the basis of an appropriate annual percentage rate for the month involved) on any such amount received; and ``(ii) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. ``(4) Prohibiting participation in future elections for candidates with multiple revocations.--If the Commission revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. ``(c) Voluntary Withdrawal From Participating During Qualifying Period.--At any time during the Small Dollar Democracy qualifying period described in section 511(c), a candidate may withdraw from participation in the program under this title by submitting to the Commission a statement of withdrawal (without regard to whether or not the Commission has certified the candidate as a participating candidate under this title as of the time the candidate submits such statement), so long as the candidate has not submitted a request for payment under section 502. ``(d) Participating Candidate Defined.--In this title, a `participating candidate' means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. ``Subtitle C--Requirements for Candidates Certified as Participating Candidates ``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS. ``(a) Permitted Sources of Contributions and Expenditures.--Except as provided in subsection (c), a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: ``(1) Qualified small dollar contributions. ``(2) Payments under this title. ``(3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315. ``(4) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified small dollar contributions). ``(5) Contributions from individuals who are otherwise permitted to make contributions under this Act, subject to the applicable limitations of section 315, except that the aggregate amount of contributions a participating candidate may accept from any individual with respect to any election during the election cycle may not exceed $1,000. ``(6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315. ``(b) Special Rules for Personal Funds.-- ``(1) Limit on amount.--A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as-- ``(A) the aggregate amount used with respect to the election cycle (including any period of the cycle occurring prior to the candidate's certification as a participating candidate) does not exceed $50,000; and ``(B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. ``(2) Immediate family member defined.--In this subsection, the term `immediate family member' means, with respect to a candidate-- ``(A) the candidate's spouse; ``(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate's spouse; and ``(C) the spouse of any person described in subparagraph (B). ``(c) Exceptions.-- ``(1) Exception for contributions received prior to filing of statement of intent.--A candidate who has accepted contributions that are not described in subsection (a) is not in violation of subsection (a), but only if all such contributions are-- ``(A) returned to the contributor; ``(B) submitted to the Commission for deposit in the Freedom From Influence Fund established under section 541; or ``(C) spent in accordance with paragraph (2). ``(2) Exception for expenditures made prior to filing of statement of intent.--If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions which the candidate is required to obtain) which is applicable to the candidate. ``(3) Exception for campaign surpluses from a previous election.--Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. ``(4) Exception for contributions received before the effective date of this title.--Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). ``(d) Special Rule for Coordinated Party Expenditures.--For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. ``(e) Prohibition on Joint Fundraising Committees.-- ``(1) Prohibition.--An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. ``(2) Status of existing committees for prior elections.-- If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(f) Prohibition on Leadership PACs.-- ``(1) Prohibition.--A candidate who is certified as a participating candidate under this title with respect to an election may not associate with, establish, finance, maintain, or control a leadership PAC. ``(2) Status of existing leadership pacs.--If a candidate established, financed, maintained, or controlled a leadership PAC prior to being certified as a participating candidate under this title and the candidate does not terminate the leadership PAC, the candidate shall not be considered to be in violation of paragraph (1) so long as the leadership PAC does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. ``(3) Leadership pac defined.--In this subsection, the term `leadership PAC' has the meaning given such term in section 304(i)(8)(B). ``SEC. 522. ADMINISTRATION OF CAMPAIGN. ``(a) Separate Accounting for Various Permitted Contributions.-- Each authorized committee of a candidate certified as a participating candidate under this title-- ``(1) shall provide for separate accounting of each type of contribution described in section 521(a) which is received by the committee; and ``(2) shall provide for separate accounting for the payments received under this title. ``(b) Enhanced Disclosure of Information on Donors.-- ``(1) Mandatory identification of individuals making qualified small dollar contributions.--Each authorized committee of a participating candidate under this title shall, in accordance with section 304(b)(3)(A), include in the reports the committee submits under section 304 the identification of each person who makes a qualified small dollar contribution to the committee. ``(2) Mandatory disclosure through internet.--Each authorized committee of a participating candidate under this title shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. ``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS. ``(a) Mandatory Spending of Available Private Funds.--An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in paragraphs (1), (3), (4), (5), and (6) of section 521(a). ``(b) Limitation.--Subsection (a) applies to an authorized committee only to the extent that the funds referred to in such subsection are available to the committee at the time the committee makes an expenditure of a payment received under this title. ``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION. ``(a) Remittance Required.--Not later than the date that is 180 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Freedom From Influence Fund established under section 541 an amount equal to the balance of the payments received under this title by the authorized committees of the candidate which remain unexpended as of such date. ``(b) Permitting Candidates Participating in Next Election Cycle To Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a participating candidate with respect to the next election cycle, except that the candidate may not use any portion of the amount withheld until the candidate is certified as a participating candidate with respect to that next election cycle. If the candidate fails to seek certification as a participating candidate prior to the last day of the Small Dollar Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission's determination does not meet the requirements for certification as a participating candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. ``Subtitle D--Enhanced Match Support ``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION. ``(a) Availability of Enhanced Support.--In addition to the payments made under subtitle A, the Commission shall make an additional payment to an eligible candidate under this subtitle. ``(b) Use of Funds.--A candidate shall use the additional payment under this subtitle only for authorized expenditures in connection with the election involved. ``SEC. 532. ELIGIBILITY. ``(a) In General.--A candidate is eligible to receive an additional payment under this subtitle if the candidate meets each of the following requirements: ``(1) The candidate is on the ballot for the general election for the office the candidate seeks. ``(2) The candidate is certified as a participating candidate under this title with respect to the election. ``(3) During the enhanced support qualifying period, the candidate receives qualified small dollar contributions in a total amount of not less than $50,000. ``(4) During the enhanced support qualifying period, the candidate submits to the Commission a request for the payment which includes-- ``(A) a statement of the number and amount of qualified small dollar contributions received by the candidate during the enhanced support qualifying period; ``(B) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and ``(C) such other information and assurances as the Commission may require. ``(5) After submitting a request for the additional payment under paragraph (4), the candidate does not submit any other application for an additional payment under this subtitle. ``(b) Enhanced Support Qualifying Period Described.--In this subtitle, the term `enhanced support qualifying period' means, with respect to a general election, the period which begins 60 days before the date of the election and ends 14 days before the date of the election. ``SEC. 533. AMOUNT. ``(a) In General.--Subject to subsection (b), the amount of the additional payment made to an eligible candidate under this subtitle shall be an amount equal to 50 percent of-- ``(1) the amount of the payment made to the candidate under section 501(b) with respect to the qualified small dollar contributions which are received by the candidate during the enhanced support qualifying period (as included in the request submitted by the candidate under section 532(a)(4)); or ``(2) in the case of a candidate who is not eligible to receive a payment under section 501(b) with respect to such qualified small dollar contributions because the candidate has reached the limit on the aggregate amount of payments under subtitle A for the election cycle under section 501(c), the amount of the payment which would have been made to the candidate under section 501(b) with respect to such qualified small dollar contributions if the candidate had not reached such limit. ``(b) Limit.--The amount of the additional payment determined under subsection (a) with respect to a candidate may not exceed $500,000. ``(c) No Effect on Aggregate Limit.--The amount of the additional payment made to a candidate under this subtitle shall not be included in determining the aggregate amount of payments made to a participating candidate with respect to an election cycle under section 501(c). ``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS AFTER ELECTION. ``Notwithstanding section 524(a)(2), a candidate who receives an additional payment under this subtitle with respect to an election is not permitted to withhold any portion from the amount of unspent funds the candidate is required to remit to the Commission under section 524(a)(1). ``Subtitle E--Administrative Provisions ``SEC. 541. FREEDOM FROM INFLUENCE FUND. ``(a) Establishment.--There is established in the Treasury a fund to be known as the `Freedom From Influence Fund'. ``(b) Amounts Held by Fund.--The Fund shall consist of the following amounts: ``(1) Assessments against fines, settlements, and penalties.--Amounts transferred under section 3015 of title 18, United States Code, section 9706 of title 31, United States Code, and section 6761 of the Internal Revenue Code of 1986. ``(2) Deposits.--Amounts deposited into the Fund under-- ``(A) section 521(c)(1)(B) (relating to exceptions to contribution requirements); ``(B) section 523 (relating to remittance of unused payments from the Fund); and ``(C) section 544 (relating to violations). ``(c) Use of Fund To Make Payments to Participating Candidates.-- ``(1) Payments to participating candidates.--Amounts in the Fund shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title. ``(2) Mandatory reduction of payments in case of insufficient amounts in fund.-- ``(A) Advance audits by commission.--Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), the Commission shall-- ``(i) audit the Fund to determine whether the amounts in the Fund will be sufficient to make payments to participating candidates in the amounts provided in this title during such election cycle; and ``(ii) submit a report to Congress describing the results of the audit. ``(B) Reductions in amount of payments.-- ``(i) Automatic reduction on pro rata basis.--If, on the basis of the audit described in subparagraph (A), the Commission determines that the amount anticipated to be available in the Fund with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates to payments under this title for such election cycle, the Commission shall reduce each amount which would otherwise be paid to a participating candidate under this title by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the election cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such election cycle. ``(ii) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to participating candidates with respect to an election cycle under clause (i), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such participating candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under clause (i) (or any portion thereof, as the case may be). ``(iii) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to participating candidates under this title, moneys shall not be made available from any other source for the purpose of making such payments. ``(d) Use of Fund To Make Other Payments.--In addition to the use described in subsection (d), amounts in the Fund shall be available without further appropriation or fiscal year limitation-- ``(1) to make payments to States under the My Voice Voucher Program under the Government By the People Act of 2021, subject to reductions under section 5101(f)(3) of such Act; ``(2) to make payments to candidates under chapter 95 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9013(b) of such Code; and ``(3) to make payments to candidates under chapter 96 of subtitle H of the Internal Revenue Code of 1986, subject to reductions under section 9043(b) of such Code. ``(e) No Taxpayer Funds Permitted.--No taxpayer funds may be deposited into the Fund. ``(f) Effective Date.--This section shall take effect on the date of the enactment of this title. ``SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE. ``(a) Review of Small Dollar Financing.-- ``(1) In general.--After each regularly scheduled general election for Federal office, the Comptroller General of the United States shall conduct a comprehensive review of the Small Dollar financing program under this title, including-- ``(A) the maximum and minimum dollar amounts of qualified small dollar contributions under section 504; ``(B) the number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; ``(C) the maximum amount of payments a candidate may receive under this title; ``(D) the overall satisfaction of participating candidates and the American public with the program; ``(E) the extent to which the program increased opportunities for participation by candidates of diverse racial, gender, and socio-economic backgrounds; and ``(F) such other matters relating to financing of campaigns as the Comptroller General determines are appropriate. ``(2) Criteria for review.--In conducting the review under subparagraph (A), the Comptroller General shall consider the following: ``(A) Qualified small dollar contributions.-- Whether the number and dollar amounts of qualified small dollar contributions required strikes an appropriate balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Comptroller General determines is appropriate. ``(B) Review of payment levels.--Whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualified small dollar contributions) and payments under this title are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Comptroller General determines is appropriate. ``(3) Recommendations for adjustment of amounts.--Based on the review conducted under subparagraph (A), the Comptroller General may recommend to Congress adjustments of the following amounts: ``(A) The number and value of qualified small dollar contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate. ``(B) The maximum amount of payments a candidate may receive under this title. ``(b) Reports.--Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Comptroller General shall submit to the Committee on House Administration of the House of Representatives a report-- ``(1) containing an analysis of the review conducted under subsection (a), including a detailed statement of Comptroller General's findings, conclusions, and recommendations based on such review, including any recommendations for adjustments of amounts described in subsection (a)(3); and ``(2) documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out the purposes of this section. ``SEC. 543. ADMINISTRATION BY COMMISSION. ``The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to establish procedures for-- ``(1) verifying the amount of qualified small dollar contributions with respect to a candidate; ``(2) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; ``(3) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and ``(4) monitoring the use of allocations from the Freedom From Influence Fund established under section 541 and matching contributions under this title through audits of not fewer than \1/10\ (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than \1/3\) of all participating candidates or other mechanisms. ``SEC. 544. VIOLATIONS AND PENALTIES. ``(a) Civil Penalty for Violation of Contribution and Expenditure Requirements.--If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission may assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Freedom From Influence Fund established under section 541. ``(b) Repayment for Improper Use of Freedom From Influence Fund.-- ``(1) In general.--If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to-- ``(A) the amount of payments so used or not remitted, as appropriate; and ``(B) interest on any such amounts (at a rate determined by the Commission). ``(2) Other action not precluded.--Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. ``(c) Prohibiting Certain Candidates From Qualifying as Participating Candidates.-- ``(1) Candidates with multiple civil penalties.--If the Commission assesses 3 or more civil penalties under subsection (a) against a candidate (with respect to either a single election or multiple elections), the Commission may refuse to certify the candidate as a participating candidate under this title with respect to any subsequent election, except that if each of the penalties were assessed as the result of a knowing and willful violation of any provision of this Act, the candidate is not eligible to be certified as a participating candidate under this title with respect to any subsequent election. ``(2) Candidates subject to criminal penalty.--A candidate is not eligible to be certified as a participating candidate under this title with respect to an election if a penalty has been assessed against the candidate under section 309(d) with respect to any previous election. ``(d) Imposition of Criminal Penalties.--For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d). ``SEC. 545. APPEALS PROCESS. ``(a) Review of Actions.--Any action by the Commission in carrying out this title shall be subject to review by the United States Court of Appeals for the District of Columbia upon petition filed in the Court not later than 30 days after the Commission takes the action for which the review is sought. ``(b) Procedures.--The provisions of chapter 7 of title 5, United States Code, apply to judicial review under this section. ``SEC. 546. INDEXING OF AMOUNTS. ``(a) Indexing.--In any calendar year after 2026, section 315(c)(1)(B) shall apply to each amount described in subsection (b) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the `base period' shall be 2026. ``(b) Amounts Described.--The amounts described in this subsection are as follows: ``(1) The amount referred to in section 502(b)(1) (relating to the minimum amount of qualified small dollar contributions included in a request for payment). ``(2) The amounts referred to in section 504(a)(1) (relating to the amount of a qualified small dollar contribution). ``(3) The amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified small dollar contributions). ``(4) The amount referred to in section 521(a)(5) (relating to the aggregate amount of contributions a participating candidate may accept from any individual with respect to an election). ``(5) The amount referred to in section 521(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate). ``(6) The amounts referred to in section 524(a)(2) (relating to the amount of unspent funds a candidate may retain for use in the next election cycle). ``(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D). ``(8) The amount referred to in section 533(b) (relating to the limit on the amount of an additional payment made to a candidate under subtitle D). ``SEC. 547. ELECTION CYCLE DEFINED. ``In this title, the term `election cycle' means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).''. SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND POLITICAL PARTY COMMITTEES ON BEHALF OF PARTICIPATING CANDIDATES. (a) Authorizing Contributions Only From Separate Accounts Consisting of Qualified Small Dollar Contributions.--Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding at the end the following new paragraph: ``(10) In the case of a multicandidate political committee or any political committee of a political party, the committee may make a contribution to a candidate who is a participating candidate under title V with respect to an election only if the contribution is paid from a separate, segregated account of the committee which consists solely of contributions which meet the following requirements: ``(A) Each such contribution is in an amount which meets the requirements for the amount of a qualified small dollar contribution under section 504(a)(1) with respect to the election involved. ``(B) Each such contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. ``(C) The individual who makes the contribution does not make contributions to the committee during the year in an aggregate amount that exceeds the limit described in section 504(a)(1).''. (b) Permitting Unlimited Coordinated Expenditures From Small Dollar Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C. 30116(d)) is amended-- (1) in paragraph (3), by striking ``The national committee'' and inserting ``Except as provided in paragraph (6), the national committee''; and (2) by adding at the end the following new paragraph: ``(6) The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if-- ``(A) the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(10); and ``(B) the expenditures are the sole source of funding provided by the committee to the candidate.''. SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION. Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114) is amended by adding at the end the following new subsection: ``(d) Restrictions on Permitted Uses of Funds by Candidates Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate's campaign for such office, subject to section 503(b).''. SEC. 5114. ASSESSMENTS AGAINST FINES AND PENALTIES. (a) Assessments Relating to Criminal Offenses.-- (1) In general.--Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 3015. Special assessments for Freedom From Influence Fund ``(a) Assessments.-- ``(1) Convictions of crimes.--In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 4.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. ``(2) Settlements.--The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 4.75 percent of the amount of the settlement. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. ``(c) Transfers.--In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 541 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section.''. (2) Clerical amendment.--The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: ``3015. Special assessments for Freedom From Influence Fund.''. (b) Assessments Relating to Civil Penalties.-- (1) In general.--Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 9706. Special assessments for Freedom From Influence Fund ``(a) Assessments.-- ``(1) Civil penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(2) Administrative penalties.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 4.75 percent of the amount of the penalty. ``(3) Settlements.--Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 4.75 percent of the amount of the settlement. ``(b) Manner of Collection.--An amount assessed under subsection (a) shall be collected-- ``(1) in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; ``(2) in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and ``(3) in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. ``(c) Transfers.--In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 541 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. ``(d) Exception for Penalties and Settlements Under Authority of the Internal Revenue Code of 1986.-- ``(1) In general.--No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. ``(2) Cross reference.--For application of special assessments for the Freedom From Influence Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.''. (2) Clerical amendment.--The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: ``9706. Special assessments for Freedom From Influence Fund.''. (c) Assessments Relating to Certain Penalties Under the Internal Revenue Code of 1986.-- (1) In general.--Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter D--Special Assessments for Freedom From Influence Fund ``SEC. 6761. SPECIAL ASSESSMENTS FOR FREEDOM FROM INFLUENCE FUND. ``(a) In General.--Each person required to pay a covered penalty shall pay an additional amount equal to 4.75 percent of the amount of such penalty. ``(b) Covered Penalty.--For purposes of this section, the term `covered penalty' means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. ``(c) Exception for Certain Individuals.-- ``(1) In general.--In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. ``(2) Exempt taxpayer.--For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. ``(d) Application of Certain Rules.--Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. ``(e) Transfer to Freedom From Influence Fund.--The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971 an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection.''. (2) Clerical amendment.--The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: ``subchapter d--special assessments for freedom from influence fund''. (d) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2) Assessments relating to certain penalties under the internal revenue code of 1986.--The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act. SEC. 5115. STUDY AND REPORT ON SMALL DOLLAR FINANCING PROGRAM. (a) Study and Report.--Not later than 2 years after the completion of the first election cycle in which the program established under title V of the Federal Election Campaign Act of 1971, as added by section 5111, is in effect, the Federal Election Commission shall-- (1) assess-- (A) the amount of payment referred to in section 501 of such Act; and (B) the amount of a qualified small dollar contribution referred to in section 504(a)(1) of such Act; and (2) submit to Congress a report that discusses whether such amounts are sufficient to meet the goals of the program. (b) Update.--The Commission shall update and revise the study and report required by subsection (a) on a biennial basis. (c) Termination.--The requirements of this section shall terminate 10 years after the date on which the first study and report required by subsection (a) is submitted to Congress. SEC. 5116. EFFECTIVE DATE. (a) In General.--Except as may otherwise be provided in this part and in the amendments made by this part, this part and the amendments made by this part shall apply with respect to elections occurring during 2028 or any succeeding year, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b) Deadline for Regulations.--Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. Subtitle C--Presidential Elections SEC. 5200. SHORT TITLE. This subtitle may be cited as the ``Empower Act of 2021''. PART 1--PRIMARY ELECTIONS SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS. (a) Increase and Modification.-- (1) In general.--The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``an amount equal to the amount of each contribution'' and inserting ``an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200)''; and (B) by striking ``authorized committees'' and all that follows through ``$250'' and inserting ``authorized committees''. (2) Matchable contributions.--Section 9034 of such Code is amended-- (A) by striking the last sentence of subsection (a); and (B) by adding at the end the following new subsection: ``(c) Matchable Contribution Defined.--For purposes of this section and section 9033(b)-- ``(1) Matchable contribution.--The term `matchable contribution' means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that-- ``(A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; ``(B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A); and ``(C) such contribution was a direct contribution. ``(2) Contribution.--For purposes of this subsection, the term `contribution' means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4). ``(3) Direct contribution.-- ``(A) In general.--For purposes of this subsection, the term `direct contribution' means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not-- ``(i) forwarded from the individual making the contribution to the candidate or committee by another person; or ``(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. ``(B) Other definitions.--In subparagraph (A)-- ``(i) the term `person' does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and ``(ii) a contribution is not `made at the request, suggestion, or recommendation of another person' solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual.''. (3) Conforming amendments.-- (A) Section 9032(4) of such Code is amended by striking ``section 9034(a)'' and inserting ``section 9034''. (B) Section 9033(b)(3) of such Code is amended by striking ``matching contributions'' and inserting ``matchable contributions''. (b) Modification of Payment Limitation.--Section 9034(b) of such Code is amended-- (1) by striking ``The total'' and inserting the following: ``(1) In general.--The total''; (2) by striking ``shall not exceed'' and all that follows and inserting ``shall not exceed $250,000,000.''; and (3) by adding at the end the following new paragraph: ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting `calendar year 2028' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Applicable period.--For purposes of this paragraph, the term `applicable period' means the 4- year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. ``(C) Rounding.--If any amount as adjusted under subparagraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS. (a) Amount of Aggregate Contributions Per State; Disregarding of Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$5,000'' and inserting ``$25,000''; and (2) by striking ``20 States'' and inserting the following: ``20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200)''. (b) Contribution Limit.-- (1) In general.--Paragraph (4) of section 9033(b) of such Code is amended to read as follows: ``(4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election.''. (2) Conforming amendments.-- (A) Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: ``For purposes of paragraph (4), the term `contribution' has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971.''. (B) Section 9032(4) of such Code, as amended by section 5201(a)(3)(A), is amended by striking ``section 9034'' and inserting ``section 9033(b) or 9034''. (c) Participation in System for Payments for General Election.-- Section 9033(b) of such Code is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``, and''; and (3) by inserting after paragraph (4) the following new paragraph: ``(5) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95.''. (d) Prohibition on Joint Fundraising Committees.--Section 9033(b) of such Code, as amended by subsection (c), is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting ``; and''; and (3) by inserting after paragraph (5) the following new paragraph: ``(6) the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section.''. SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS. (a) In General.--Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) Personal Expenditure Limitation.--No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000.''. (b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) the candidate will comply with the personal expenditure limitation under section 9035,''. SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS. Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking ``the beginning of the calendar year in which a general election for the office of President of the United States will be held'' and inserting ``the date that is 6 months prior to the date of the earliest State primary election''. SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS. Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting ``and matchable contributions accepted by'' after ``qualified campaign expenses of''. SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL PRIMARY CANDIDATES. Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and inserting ``four-year election cycle''. SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. (a) In General.--Chapter 96 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. ``(a) In General.--Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971 (hereafter in this section referred to as the `Fund'). ``(b) Mandatory Reduction of Payments in Case of Insufficient Amounts in Fund.-- ``(1) Advance audits by commission.--Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall-- ``(A) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2021, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and ``(B) submit a report to Congress describing the results of the audit. ``(2) Reductions in amount of payments.-- ``(A) Automatic reduction on pro rata basis.--If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. ``(B) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). ``(C) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. ``(3) No effect on amounts transferred for pediatric research initiative.--This section does not apply to the transfer of funds under section 9008(i). ``(4) Presidential election cycle defined.--In this section, the term `Presidential election cycle' means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.''. (b) Clerical Amendment.--The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Use of Freedom From Influence Fund as source of payments.''. PART 2--GENERAL ELECTIONS SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC FINANCING. Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: ``(1) Participation in primary payment system.--The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. ``(2) Agreements with commission.--The candidates, in writing-- ``(A) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, ``(B) agree to keep and furnish to the Commission such records, books, and other information as it may request, and ``(C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. ``(3) Prohibition on joint fundraising committees.-- ``(A) Prohibition.--The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. ``(B) Status of existing committees for prior elections.--If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006.''. SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS. (a) Use of Qualified Campaign Contributions Without Expenditure Limits; Application of Same Requirements for Major, Minor, and New Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following: ``(b) Use of Qualified Campaign Contributions To Defray Expenses.-- ``(1) In general.--In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that-- ``(A) such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than-- ``(i) qualified campaign contributions, and ``(ii) contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and ``(B) such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). ``(2) Timing of certification.--The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3).''. (b) Definition of Qualified Campaign Contribution.--Section 9002 of such Code is amended by adding at the end the following new paragraph: ``(13) Qualified campaign contribution.--The term `qualified campaign contribution' means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which-- ``(A) does not exceed $1,000 for the election; and ``(B) with respect to which the candidate has certified in writing that-- ``(i) the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and ``(ii) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election.''. (c) Conforming Amendments.-- (1) Repeal of expenditure limits.-- (A) In general.--Section 315 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116) is amended by striking subsection (b). (B) Conforming amendments.--Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended-- (i) in paragraph (1)(B)(i), by striking ``, (b)''; and (ii) in paragraph (2)(B)(i), by striking ``subsections (b) and (d)'' and inserting ``subsection (d)''. (2) Repeal of repayment requirement.-- (A) In general.--Section 9007(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (B) Conforming amendment.--Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended-- (i) by striking ``a major party'' and inserting ``a party''; (ii) by striking ``contributions (other than'' and inserting ``contributions (other than qualified contributions''; and (iii) by striking ``(other than qualified campaign expenses with respect to which payment is required under paragraph (2))''. (3) Criminal penalties.-- (A) Repeal of penalty for excess expenses.--Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). (B) Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties.-- Subsection (b) of section 9012 of such Code is amended to read as follows: ``(b) Contributions.-- ``(1) Acceptance of disallowed contributions.--It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept-- ``(A) any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c); or ``(B) any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). ``(2) Penalty.--Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both.''. SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT AMOUNTS. (a) In General.-- (1) Amount of payments; application of same amount for candidates of major, minor, and new parties.--Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate's authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000.''. (2) Repeal of separate limitations for candidates of minor and new parties; inflation adjustment.--Subsection (b) of section 9004 of such Code is amended to read as follows: ``(b) Inflation Adjustment.-- ``(1) In general.--In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to-- ``(A) such dollar amount; multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting `calendar year 2028' for `calendar year 1992' in subparagraph (B) thereof. ``(2) Applicable period.--For purposes of this subsection, the term `applicable period' means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. ``(3) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (3) Conforming amendment.--Section 9005(a) of such Code is amended by adding at the end the following new sentence: ``The Commission shall make such additional certifications as may be necessary to receive payments under section 9004.''. (b) Matchable Contribution.--Section 9002 of such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph: ``(14) Matchable contribution.--The term `matchable contribution' means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that-- ``(A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; ``(B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election; and ``(C) such contribution was a direct contribution (as defined in section 9034(c)(3)).''. SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES. (a) In General.--Section 315(d)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows: ``(2)(A) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000. ``(B) For purposes of this paragraph-- ``(i) any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and ``(ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. ``(C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States.''. (b) Conforming Amendments Relating to Timing of Cost-of-Living Adjustment.-- (1) In general.--Section 315(c)(1) of such Act (52 U.S.C. 30116(c)(1)) is amended-- (A) in subparagraph (B), by striking ``(d)'' and inserting ``(d)(2)''; and (B) by adding at the end the following new subparagraph: ``(D) In any calendar year after 2028-- ``(i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); ``(ii) the amount so increased shall remain in effect for the calendar year; and ``(iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C. 30116(c)(2)(B)) is amended-- (A) in clause (i)-- (i) by striking ``(d)'' and inserting ``(d)(3)''; and (ii) by striking ``and'' at the end; (B) in clause (ii), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(iii) for purposes of subsection (d)(2), calendar year 2027.''. SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS. (a) Date for Payments.-- (1) In general.--Section 9006(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Payments From the Fund.--If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Commission on the later of-- ``(1) the last Friday occurring before the first Monday in September; or ``(2) 24 hours after receiving the certifications for the eligible candidates of all major political parties. Amounts paid to any such candidates shall be under the control of such candidates.''. (2) Conforming amendment.--The first sentence of section 9006(c) of such Code is amended by striking ``the time of a certification by the Commission under section 9005 for payment'' and inserting ``the time of making a payment under subsection (b)''. (b) Time for Certification.--Section 9005(a) of the Internal Revenue Code of 1986 is amended by striking ``10 days'' and inserting ``24 hours''. SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND. Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary's best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years.''. SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL AND ACCOUNTING COMPLIANCE. Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate.''. SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. (a) In General.--Chapter 95 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS. ``(a) In General.--Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971. ``(b) Mandatory Reduction of Payments in Case of Insufficient Amounts in Fund.-- ``(1) Advance audits by commission.--Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall-- ``(A) audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2021 and then making payments to candidates under chapter 96, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and ``(B) submit a report to Congress describing the results of the audit. ``(2) Reductions in amount of payments.-- ``(A) Automatic reduction on pro rata basis.--If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. ``(B) Restoration of reductions in case of availability of sufficient funds during election cycle.--If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate's payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). ``(C) No use of amounts from other sources.--In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. ``(3) No effect on amounts transferred for pediatric research initiative.--This section does not apply to the transfer of funds under section 9008(i). ``(4) Presidential election cycle defined.--In this section, the term `Presidential election cycle' means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.''. (b) Clerical Amendment.--The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9013. Use of Freedom From Influence Fund as source of payments.''. PART 3--EFFECTIVE DATE SEC. 5221. EFFECTIVE DATE. (a) In General.--Except as otherwise provided, this subtitle and the amendments made by this subtitle shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b) Deadline for Regulations.--Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part. Subtitle D--Personal Use Services as Authorized Campaign Expenditures SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. (a) Short Title.--This subtitle may be cited as the ``Help America Run Act''. (b) Findings.--Congress finds the following: (1) Everyday Americans experience barriers to entry before they can consider running for office to serve their communities. (2) Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign. (3) Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that. (4) These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household. (5) These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than three out of four Members of this Congress are male. The Center for American Women And Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans. (6) Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans. (c) Purpose.--It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one's livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans. SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE. (a) Personal Use Services as Authorized Campaign Expenditure.-- Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 5113, is amended by adding at the end the following new subsection: ``(e) Treatment of Payments for Child Care and Other Personal Use Services as Authorized Campaign Expenditure.-- ``(1) Authorized expenditures.--For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities. ``(2) Limitations.-- ``(A) Limit on total amount of payments.--The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose). ``(B) Corresponding reduction in amount of salary paid to candidate.--To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph. ``(C) Exclusion of candidates who are officeholders.--Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office. ``(3) Personal use services described.--The personal use services described in this paragraph are as follows: ``(A) Child care services. ``(B) Elder care services. ``(C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986. ``(D) Health insurance premiums.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. Subtitle E--Empowering Small Dollar Donations SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO PROVIDE ENHANCED SUPPORT FOR CANDIDATES THROUGH USE OF SEPARATE SMALL DOLLAR ACCOUNTS. (a) Increase in Limit on Contributions to Candidates.--Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking ``exceed $5,000'' and inserting ``exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000''. (b) Elimination of Limit on Coordinated Expenditures.--Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking ``subsection (a)(9)'' and inserting ``subsection (a)(9) or subsection (a)(11)''. (c) Accounts Described.--Section 315(a) of such Act (52 U.S.C. 30116(a)), as amended by section 5112(a), is amended by adding at the end the following new paragraph: ``(11) An account described in this paragraph is a separate, segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) consisting exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200.''. (d) Effective Date.--The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act. Subtitle F--Severability SEC. 5501. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE VI--CAMPAIGN FINANCE OVERSIGHT Subtitle A--Restoring Integrity to America's Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Restrictions on ex parte communications. Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 6009. Requiring forms to permit use of accent marks. Sec. 6010. Extension of statute of limitations for offenses under Federal Election Campaign Act of 1971. Sec. 6011. Effective date; transition. Subtitle B--Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle C--Disposal of Contributions or Donations Sec. 6201. Timeframe for and prioritization of disposal of contributions or donations. Sec. 6202. 1-year transition period for certain individuals. Subtitle D--Recommendations to Ensure Filing of Reports Before Date of Election Sec. 6301. Recommendations to ensure filing of reports before date of election. Subtitle E--Severability Sec. 6401. Severability. Subtitle A--Restoring Integrity to America's Elections SEC. 6001. SHORT TITLE. This subtitle may be cited as the ``Restoring Integrity to America's Elections Act''. SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION. (a) Reduction in Number of Members; Removal of Secretary of Senate and Clerk of House as Ex Officio Members.-- (1) In general; quorum.--Section 306(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is amended by striking the second and third sentences and inserting the following: ``The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall be treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission. A majority of the number of members of the Commission who are serving at the time shall constitute a quorum.''. (2) Conforming amendments relating to reduction in number of members.--(A) Section 306(c) of such Act (52 U.S.C. 30106(c)) is amended by striking the period at the end of the first sentence and all that follows and inserting the following: ``, except that an affirmative vote of a majority of the members of the Commission who are serving at the time shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 307(a) or with chapter 95 or chapter 96 of the Internal Revenue Code of 1986. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act''. (B) Such Act is further amended by striking ``affirmative vote of 4 of its members'' and inserting ``affirmative vote of a majority of the members of the Commission who are serving at the time'' each place it appears in the following sections: (i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)). (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 30109(a)(4)(A)(i)). (iii) Section 309(a)(5)(C) (52 U.S.C. 30109(a)(5)(C)). (iv) Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)). (v) Section 311(b) (52 U.S.C. 30111(b)). (3) Conforming amendment relating to removal of ex officio members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is amended by striking ``(other than the Secretary of the Senate and the Clerk of the House of Representatives)'' each place it appears in paragraphs (4) and (5). (b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C. 30106(a)(2)) is amended to read as follows: ``(2) Terms of service.-- ``(A) In general.--Each member of the Commission shall serve for a single term of 6 years. ``(B) Special rule for initial appointments.--Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. ``(C) No reappointment permitted.--An individual who served a term as a member of the Commission may not serve for an additional term, except that-- ``(i) an individual who served a 3-year term under subparagraph (B) may also be appointed to serve a 6-year term under subparagraph (A); and ``(ii) for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph (D) shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. ``(D) Vacancies.--Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. ``(E) Limitation on service after expiration of term.--A member of the Commission may continue to serve on the Commission after the expiration of the member's term for an additional period, but only until the earlier of-- ``(i) the date on which the member's successor has taken office as a member of the Commission; or ``(ii) the expiration of the 1-year period that begins on the last day of the member's term.''. (c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C. 30106(a)(3)) is amended to read as follows: ``(3) Qualifications.-- ``(A) In general.--The President may select an individual for service as a member of the Commission if the individual has experience in election law and has a demonstrated record of integrity, impartiality, and good judgment. ``(B) Assistance of blue ribbon advisory panel.-- ``(i) In general.--Prior to the regularly scheduled expiration of the term of a member of the Commission and upon the occurrence of a vacancy in the membership of the Commission prior to the expiration of a term, the President shall convene a Blue Ribbon Advisory Panel that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the President from retired Federal judges, former law enforcement officials, or individuals with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office at the time of selection. The President shall also make reasonable efforts to encourage racial, ethnic, and gender diversity on the panel. ``(ii) Recommendations.--With respect to each member of the Commission whose term is expiring or each vacancy in the membership of the Commission (as the case may be), the Blue Ribbon Advisory Panel shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission. ``(iii) Publication.--At the time the President submits to the Senate the nominations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel's recommendations for such nominations. ``(iv) Exemption from federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. ``(C) Prohibiting engagement with other business or employment during service.--A member of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment.''. SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION COMMISSION. (a) Appointment of Chair by President.-- (1) In general.--Section 306(a)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read as follows: ``(5) Chair.-- ``(A) Initial appointment.--Of the members first appointed to serve terms that begin in January 2022, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Commission. ``(B) Subsequent appointments.--Any individual who is appointed to succeed the member who serves as Chair of the Commission for the term beginning in January 2022 (as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as Chair) shall serve as Chair of the Commission. ``(C) Vice chair.--The Commission shall select, by majority vote of its members, one of its members to serve as Vice Chair, who shall act as Chair in the absence or disability of the Chair or in the event of a vacancy in the position of Chair.''. (2) Conforming amendment.--Section 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is amended by striking ``through its chairman or vice chairman'' and inserting ``through the Chair''. (b) Powers.-- (1) Assignment of certain powers to chair.--Section 307(a) of such Act (52 U.S.C. 30107(a)) is amended to read as follows: ``(a) Distribution of Powers Between Chair and Commission.-- ``(1) Powers assigned to chair.-- ``(A) Administrative powers.--The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other members of the Commission) shall have the power-- ``(i) to appoint and remove the staff director of the Commission; ``(ii) to request the assistance (including personnel and facilities) of other agencies and departments of the United States, whose heads may make such assistance available to the Commission with or without reimbursement; and ``(iii) to prepare and establish the budget of the Commission and to make budget requests to the President, the Director of the Office of Management and Budget, and Congress. ``(B) Other powers.--The Chair of the Commission shall have the power-- ``(i) to appoint and remove the general counsel of the Commission with the concurrence of at least 2 other members of the Commission; ``(ii) to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe; ``(iii) to administer oaths or affirmations; ``(iv) to require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; ``(v) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under clause (iv); and ``(vi) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. ``(2) Powers assigned to commission.--The Commission shall have the power-- ``(A) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986, through its general counsel; ``(B) to render advisory opinions under section 308 of this Act; ``(C) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986; ``(D) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and ``(E) to transmit to the President and Congress not later than June 1 of each year a report which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers appropriate. ``(3) Permitting commission to exercise other powers of chair.--With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B).''. (2) Conforming amendments relating to personnel authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is amended-- (A) by amending the first sentence of paragraph (1) to read as follows: ``The Commission shall have a staff director who shall be appointed by the Chair of the Commission in consultation with the other members and a general counsel who shall be appointed by the Chair with the concurrence of at least two other members.''; (B) in paragraph (2), by striking ``With the approval of the Commission'' and inserting ``With the approval of the Chair of the Commission''; and (C) by striking paragraph (3). (3) Conforming amendment relating to budget submission.-- Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is amended by striking ``the Commission submits any budget'' and inserting ``the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget''. (4) Other conforming amendments.--Section 306(c) of such Act (52 U.S.C. 30106(c)) is amended by striking ``All decisions'' and inserting ``Subject to section 307(a), all decisions''. (5) Technical amendment.--The heading of section 307 of such Act (52 U.S.C. 30107) is amended by striking ``the commission'' and inserting ``the chair and the commission''. SEC. 6004. REVISION TO ENFORCEMENT PROCESS. (a) Standard for Initiating Investigations and Determining Whether Violations Have Occurred.-- (1) Revision of standards.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2)(A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel's determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel's determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. ``(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. ``(3)(A) Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Commission the general counsel's recommendation that the Commission find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case. ``(B) At the time the general counsel submits to the Commission the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. ``(C) Not later than 30 days after the general counsel submits the recommendation to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent's brief to the Commission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serving at the time.''. (2) Conforming amendment relating to initial response to filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended-- (A) in the third sentence, by striking ``the Commission'' and inserting ``the general counsel''; and (B) by amending the fourth sentence to read as follows: ``Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.''. (b) Revision of Standard for Review of Dismissal of Complaints.-- (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as follows: ``(8)(A)(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. ``(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency's dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. ``(B)(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia. ``(ii) In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the agency's failure to act on the complaint is contrary to law. ``(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.''. (2) Effective date.--The amendments made by paragraph (1) shall apply-- (A) in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B) in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act. SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY OPINIONS BY PERSONS OPPOSING THE REQUESTS. (a) In General.--Section 308 of such Act (52 U.S.C. 30108) is amended by adding at the end the following new subsection: ``(e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act. SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY. (a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that end on or before December 31, 2023''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on December 31, 2021. SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS. Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) is amended-- (1) by striking ``(e) The Commission'' and inserting ``(e)(1) The Commission''; and (2) by adding at the end the following new paragraph: ``(2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.''. SEC. 6008. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN SUPREME COURT. (a) Clarifying Authority.--Section 306(f)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by striking ``any action instituted under this Act, either (A) by attorneys'' and inserting ``any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys''. (b) Effective Date.--The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act. SEC. 6009. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS. (a) Requirement.--Section 311(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: ``, and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person's identification;''. (b) Effective Date.--The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 6010. EXTENSION OF STATUTE OF LIMITATIONS FOR OFFENSES UNDER FEDERAL ELECTION CAMPAIGN ACT OF 1971. (a) Civil Offenses.--Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after paragraph (9) the following new paragraph: ``(10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 15 years after the date on which the violation occurred.''. (b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C. 30145(a)) is amended by striking ``5 years'' and inserting ``10 years''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after the date of the enactment of this Act. SEC. 6011. EFFECTIVE DATE; TRANSITION. (a) In General.--Except as otherwise provided, the amendments made by this subtitle shall apply beginning January 1, 2022. (b) Transition.-- (1) Termination of service of current members.-- Notwithstanding any provision of the Federal Election Campaign Act of 1971, the term of any individual serving as a member of the Federal Election Commission as of December 31, 2021, shall expire on that date. (2) No effect on existing cases or proceedings.--Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to December 31, 2021, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date. Subtitle B--Stopping Super PAC-Candidate Coordination SEC. 6101. SHORT TITLE. This subtitle may be cited as the ``Stop Super PAC-Candidate Coordination Act''. SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS TO CANDIDATES. (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended-- (1) by striking ``or'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``; or''; and (3) by adding at the end the following new clause: ``(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 326) which is not otherwise treated as a contribution under clause (i) or clause (ii).''. (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.), as amended by section 4421 and section 4802(a), is amended by adding at the end the following new section: ``SEC. 327. PAYMENTS FOR COORDINATED EXPENDITURES. ``(a) Coordinated Expenditures.-- ``(1) In general.--For purposes of section 301(8)(A)(iii), the term `coordinated expenditure' means-- ``(A) any expenditure, or any payment for a covered communication described in subsection (d), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or ``(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material). ``(2) Exception for payments for certain communications.--A payment for a communication (including a covered communication described in subsection (d)) shall not be treated as a coordinated expenditure under this subsection if-- ``(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or ``(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. ``(b) Coordination Described.-- ``(1) In general.--For purposes of this section, a payment is made `in cooperation, consultation, or concert with, or at the request or suggestion of,' a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication. ``(2) No finding of coordination based solely on sharing of information regarding legislative or policy position.--For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate's or committee's campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities. ``(3) No effect on party coordination standard.--Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). ``(4) No safe harbor for use of firewall.--A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment. ``(c) Payments by Coordinated Spenders for Covered Communications.-- ``(1) Payments made in cooperation, consultation, or concert with candidates.--For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (d), is a coordinated spender under paragraph (2) with respect to the candidate as described in subsection (d)(1), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate. ``(2) Coordinated spender defined.--For purposes of this subsection, the term `coordinated spender' means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: ``(A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee. ``(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person's behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term `election cycle' means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). ``(C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period). ``(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, without regard to whether the person providing the professional services used a firewall. For purposes of this subparagraph, the term `professional services' includes any services in support of the candidate's or committee's campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. ``(E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term `immediate family' has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. ``(d) Covered Communication Defined.-- ``(1) In general.--For purposes of this section, the term `covered communication' means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which-- ``(A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy); ``(B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or ``(C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period. ``(2) Applicable election period.--In paragraph (1)(C), the `applicable election period' with respect to a communication means-- ``(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or ``(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus. ``(3) Special rules for communications involving congressional candidates.--For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. ``(e) Penalty.-- ``(1) Determination of amount.--Any person who knowingly and willfully commits a violation of this Act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- ``(A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or ``(B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure. ``(2) Joint and several liability.--Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission's action, whichever is later.''. (c) Effective Date.-- (1) Repeal of existing regulations on coordination.-- Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act-- (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading ``Coordination'') are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date.--The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY FEDERAL CANDIDATES AND OFFICEHOLDERS. (a) In General.--Section 323(e)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring after January 1, 2022. Subtitle C--Disposal of Contributions or Donations SEC. 6201. TIMEFRAME FOR AND PRIORITIZATION OF DISPOSAL OF CONTRIBUTIONS OR DONATIONS. Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 5113 and section 5302, is amended-- (1) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (2) by inserting after subsection (b) the following new subsection: ``(c) Disposal.-- ``(1) Timeframe.--Contributions or donations described in subsection (a) may only be used-- ``(A) in the case of an individual who is not a candidate with respect to an election for any Federal office for a 6-year period beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office, during such 6-year period; ``(B) in the case of an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995, before the date on which such individual becomes such a registered lobbyist; or ``(C) in the case of an individual who becomes an agent of a foreign principal that would require registration under section 2 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612), before the date on which such individual becomes such an agent of a foreign principal. ``(2) Means of disposal; prioritization.--Beginning on the date the 6-year period described in subparagraph (A) of paragraph (1) ends (or, in the case of an individual described in subparagraph (B) of such paragraph, the date on which the individual becomes a registered lobbyist under the Lobbying Disclosure Act of 1995, or, in the case of an individual described in subparagraph (C) of such paragraph, the date on which the individual becomes a registered agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended), contributions or donations that remain available to an individual described in such paragraph shall be disposed of, not later than 30 days after such date, as follows: ``(A) First, to pay any debts or obligations owed in connection with the campaign for election for Federal office of the individual. ``(B) Second, to the extent such contribution or donations remain available after the application of subparagraph (A), through any of the following means of disposal (or a combination thereof), in any order the individual considers appropriate: ``(i) Returning such contributions or donations to the individuals, entities, or both, who made such contributions or donations. ``(ii) Making contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986. ``(iii) Making transfers to a national, State, or local committee of a political party.''. SEC. 6202. 1-YEAR TRANSITION PERIOD FOR CERTAIN INDIVIDUALS. (a) In General.--In the case of an individual described in subsection (b), any contributions or donations remaining available to the individual shall be disposed of-- (1) not later than 1 year after the date of the enactment of this section; and (2) in accordance with the prioritization specified in subparagraphs (A) through (D) of subsection (c)(2) of section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 6201. (b) Individuals Described.--An individual described in this subsection is an individual who, as of the date of the enactment of this section-- (1)(A) is not a candidate with respect to an election for any Federal office for a period of not less than 6 years beginning on the day after the date of the most recent such election in which the individual was a candidate for any such office; or (B) is an individual who becomes a registered lobbyist under the Lobbying Disclosure Act of 1995; and (2) would be in violation of subsection (c) of section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 6201. Subtitle D--Recommendations to Ensure Filing of Reports Before Date of Election SEC. 6301. RECOMMENDATIONS TO ENSURE FILING OF REPORTS BEFORE DATE OF ELECTION. Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall submit a report to Congress providing recommendations, including recommendations for changes to existing law, on how to ensure that each political committee under the Federal Election Campaign Act of 1971, including a committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of such Act, will file a report under section 304 of such Act prior to the date of the election for which the committee receives contributions or makes disbursements, without regard to the date on which the committee first registered under such Act, and shall include specific recommendations to ensure that such committees will not delay until after the date of the election the reporting of the identification of persons making contributions that will be used to repay debt incurred by the committee. Subtitle E--Severability SEC. 6401. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. DIVISION C--ETHICS TITLE VII--ETHICAL STANDARDS Subtitle A--Supreme Court Ethics Sec. 7001. Code of conduct for Federal judges. Subtitle B--Foreign Agents Registration Sec. 7101. Establishment of FARA investigation and enforcement unit within Department of Justice. Sec. 7102. Authority to impose civil money penalties. Sec. 7103. Disclosure of transactions involving things of financial value conferred on officeholders. Sec. 7104. Ensuring online access to registration statements. Sec. 7105. Disclaimer requirements for materials posted on online platforms by agents of foreign principals on behalf of clients. Sec. 7106. Clarification of treatment of individuals who engage with the United States in political activities for a foreign principal in any place as agents of foreign principals. Sec. 7107. Analysis and report on challenges to enforcement of Foreign Agents Registration Act of 1938. Subtitle C--Lobbying Disclosure Reform Sec. 7201. Expanding scope of individuals and activities subject to requirements of Lobbying Disclosure Act of 1995. Sec. 7202. Prohibiting receipt of compensation for lobbying activities on behalf of foreign countries violating human rights. Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon making any lobbying contacts. Subtitle D--Recusal of Presidential Appointees Sec. 7301. Recusal of appointees. Subtitle E--Clearinghouse on Lobbying Information Sec. 7401. Establishment of clearinghouse. Subtitle F--Severability Sec. 7501. Severability. Subtitle A--Supreme Court Ethics SEC. 7001. CODE OF CONDUCT FOR FEDERAL JUDGES. (a) In General.--Chapter 57 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 964. Code of conduct ``Not later than one year after the date of the enactment of this section, the Judicial Conference shall issue a code of conduct, which applies to each justice and judge of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices.''. (b) Clerical Amendment.--The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following: ``964. Code of conduct.''. Subtitle B--Foreign Agents Registration SEC. 7101. ESTABLISHMENT OF FARA INVESTIGATION AND ENFORCEMENT UNIT WITHIN DEPARTMENT OF JUSTICE. Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by adding at the end the following new subsection: ``(i) Dedicated Enforcement Unit.-- ``(1) Establishment.--Not later than 180 days after the date of enactment of this subsection, the Attorney General shall establish a unit within the counterespionage section of the National Security Division of the Department of Justice with responsibility for the enforcement of this Act. ``(2) Powers.--The unit established under this subsection is authorized to-- ``(A) take appropriate legal action against individuals suspected of violating this Act; and ``(B) coordinate any such legal action with the United States Attorney for the relevant jurisdiction. ``(3) Consultation.--In operating the unit established under this subsection, the Attorney General shall, as appropriate, consult with the Director of National Intelligence, the Secretary of Homeland Security, and the Secretary of State. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out the activities of the unit established under this subsection $10,000,000 for fiscal year 2021 and each succeeding fiscal year.''. SEC. 7102. AUTHORITY TO IMPOSE CIVIL MONEY PENALTIES. (a) Establishing Authority.--Section 8 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 618) is amended by inserting after subsection (c) the following new subsection: ``(d) Civil Money Penalties.-- ``(1) Registration statements.--Whoever fails to file timely or complete a registration statement as provided under section 2(a) shall be subject to a civil money penalty of not more than $10,000 per violation. ``(2) Supplements.--Whoever fails to file timely or complete supplements as provided under section 2(b) shall be subject to a civil money penalty of not more than $1,000 per violation. ``(3) Other violations.--Whoever knowingly fails to-- ``(A) remedy a defective filing within 60 days after notice of such defect by the Attorney General; or ``(B) comply with any other provision of this Act, shall upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil money penalty of not more than $200,000, depending on the extent and gravity of the violation. ``(4) No fines paid by foreign principals.--A civil money penalty paid under paragraph (1) may not be paid, directly or indirectly, by a foreign principal. ``(5) Use of fines.--All civil money penalties collected under this subsection shall be used to defray the cost of the enforcement unit established under subsection (i).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 7103. DISCLOSURE OF TRANSACTIONS INVOLVING THINGS OF FINANCIAL VALUE CONFERRED ON OFFICEHOLDERS. (a) Requiring Agents To Disclose Known Transactions.-- (1) In general.--Section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) is amended-- (A) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12); and (B) by inserting after paragraph (9) the following new paragraph: ``(10) To the extent that the registrant has knowledge of any transaction which occurred in the preceding 60 days and in which the foreign principal for whom the registrant is acting as an agent conferred on a Federal or State officeholder any thing of financial value, including a gift, profit, salary, favorable regulatory treatment, or any other direct or indirect economic or financial benefit, a detailed statement describing each such transaction.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to statements filed on or after the expiration of the 90-day period which begins on the date of the enactment of this Act. (b) Supplemental Disclosure for Current Registrants.--Not later than the expiration of the 90-day period which begins on the date of the enactment of this Act, each registrant who (prior to the expiration of such period) filed a registration statement with the Attorney General under section 2(a) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(a)) and who has knowledge of any transaction described in paragraph (10) of section 2(a) of such Act (as added by subsection (a)(1)) which occurred at any time during which the registrant was an agent of the foreign principal involved, shall file with the Attorney General a supplement to such statement under oath, on a form prescribed by the Attorney General, containing a detailed statement describing each such transaction. SEC. 7104. ENSURING ONLINE ACCESS TO REGISTRATION STATEMENTS. (a) Requiring Statements Filed by Registrants To Be in Digitized Format.--Section 2(g) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 612(g)) is amended by striking ``in electronic form'' and inserting ``in a digitized format which will enable the Attorney General to meet the requirements of section 6(d)(1) (relating to public access to an electronic database of statements and updates)''. (b) Requirements for Electronic Database of Registration Statements and Updates.--Section 6(d)(1) of such Act (22 U.S.C. 616(d)(1)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``to the extent technically practicable,''; and (2) in subparagraph (A), by striking ``includes the information'' and inserting ``includes in a digitized format the information''. (c) Effective Date.--The amendments made by this section shall apply with respect to statements filed on or after the expiration of the 180-day period which begins on the date of the enactment of this Act. SEC. 7105. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON ONLINE PLATFORMS BY AGENTS OF FOREIGN PRINCIPALS ON BEHALF OF CLIENTS. (a) Method and Form of Disclaimer; Preservation of Disclaimers by Certain Social Media Platforms.-- (1) Requirements described.--Section 4(b) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614(b)) is amended-- (A) by striking ``(b) It shall be unlawful'' and inserting ``(b)(1) It shall be unlawful''; and (B) by adding at the end the following new paragraph: ``(2) In the case of informational materials for or in the interests of a foreign principal which are transmitted or caused to be transmitted by an agent of a foreign principal by posting on an online platform, the agent shall ensure that the conspicuous statement required to be placed in such materials under this subsection is placed directly with the material posted on the platform and is not accessible only through a hyperlink or other reference to another source. ``(3) If the Attorney General determines that the application of paragraph (2) to materials posted on an online platform is not feasible because the length of the conspicuous statement required to be placed in materials under this subsection makes the inclusion of the entire statement incompatible with the posting of the materials on that platform, an agent may meet the requirements of paragraph (2) by ensuring that an abbreviated version of the statement, stating that the materials are distributed by a foreign agent on behalf of a clearly identified foreign principal, is placed directly with the material posted on the platform. ``(4) An online platform on which informational materials described in paragraph (2) are posted shall ensure that the conspicuous statement described in such paragraph (or, if applicable, the abbreviated statement described in paragraph (3)) is maintained with such materials at all times, including after the material is shared in a social media post on the platform, but only if the platform has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the 12 months preceding the dissemination of the materials.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period. (b) Application of Requirements to Persons Outside the United States.-- (1) In general.--Section 4(b)(1) of such Act (22 U.S.C. 614(b)(1)), as amended by subsection (a), is amended by striking ``any person within the United States'' and inserting ``any person''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period. (c) Requirements for Online Platforms Disseminating Informational Materials Transmitted by Agents of Foreign Principals.-- (1) In general.--Section 4 of such Act (22 U.S.C. 614) is amended by adding at the end the following new subsection: ``(g) If the Attorney General determines that an agent of a foreign principal transmitted or caused to be transmitted informational materials on an online platform for or in the interests of the foreign principal and did not meet the requirements of subsection (b)(2) (relating to the conspicuous statement required to be placed in such materials)-- ``(1) the Attorney General shall notify the online platform; and ``(2) the online platform shall remove such materials and use reasonable efforts to inform recipients of such materials that the materials were disseminated by a foreign agent on behalf of a foreign principal.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. (d) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended by inserting after subsection (i) the following new subsection: ``(j) The term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine).''. SEC. 7106. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO ENGAGE WITH THE UNITED STATES IN POLITICAL ACTIVITIES FOR A FOREIGN PRINCIPAL IN ANY PLACE AS AGENTS OF FOREIGN PRINCIPALS. Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after ``United States'' the following: ``(whether within or outside of the United States)''. SEC. 7107. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT OF FOREIGN AGENTS REGISTRATION ACT OF 1938. (a) Analysis.--The Attorney General shall conduct an analysis of the legal, policy, and procedural challenges to the effective enforcement of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the analysis conducted under subsection (a), and shall include in the report such recommendations, including recommendations for revisions to the Foreign Agents Registration Act of 1938, as the Attorney General considers appropriate to promote the effective enforcement of such Act. Subtitle C--Lobbying Disclosure Reform SEC. 7201. EXPANDING SCOPE OF INDIVIDUALS AND ACTIVITIES SUBJECT TO REQUIREMENTS OF LOBBYING DISCLOSURE ACT OF 1995. (a) Coverage of Individuals Providing Counseling Services.-- (1) Treatment of counseling services in support of lobbying contacts as lobbying activity.--Section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) is amended-- (A) by striking ``efforts'' and inserting ``any efforts''; and (B) by striking ``research and other background work'' and inserting the following: ``counseling in support of such preparation and planning activities, research, and other background work''. (2) Treatment of lobbying contact made with support of counseling services as lobbying contact made by individual providing services.--Section 3(8) of such Act (2 U.S.C. 1602(8)) is amended by adding at the end the following new subparagraph: ``(C) Treatment of providers of counseling services.--Any individual, with authority to direct or substantially influence a lobbying contact or contacts made by another individual, and for financial or other compensation provides counseling services in support of preparation and planning activities which are treated as lobbying activities under paragraph (7) for that other individual's lobbying contact or contacts and who has knowledge that the specific lobbying contact or contacts were made, shall be considered to have made the same lobbying contact at the same time and in the same manner to the covered executive branch official or covered legislative branch official involved.''. (b) Reduction of Percentage Exemption for Determination of Threshold of Lobbying Contacts Required for Individuals To Register as Lobbyists.--Section 3(10) of such Act (2 U.S.C. 1602(10)) is amended by striking ``less than 20 percent'' and inserting ``less than 10 percent''. (c) Effective Date.--The amendments made by this section shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. SEC. 7202. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS. (a) Prohibition.--The Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) is amended by inserting after section 5 the following new section: ``SEC. 5A. PROHIBITING RECEIPT OF COMPENSATION FOR LOBBYING ACTIVITIES ON BEHALF OF FOREIGN COUNTRIES VIOLATING HUMAN RIGHTS. ``(a) Prohibition.--Notwithstanding any other provision of this Act, no person may accept financial or other compensation for lobbying activity under this Act on behalf of a client who is a government which the President has determined is a government that engages in gross violations of human rights. ``(b) Clarification of Treatment of Diplomatic or Consular Officers.--Nothing in this section may be construed to affect any activity of a duly accredited diplomatic or consular officer of a foreign government who is so recognized by the Department of State, while said officer is engaged in activities which are recognized by the Department of State as being within the scope of the functions of such officer.''. (b) Effective Date.--The amendments made by this section shall apply with respect to lobbying activity under the Lobbying Disclosure Act of 1995 which occurs pursuant to contracts entered into on or after the date of the enactment of this Act. SEC. 7203. REQUIRING LOBBYISTS TO DISCLOSE STATUS AS LOBBYISTS UPON MAKING ANY LOBBYING CONTACTS. (a) Mandatory Disclosure at Time of Contact.--Section 14 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended-- (1) by striking subsections (a) and (b) and inserting the following: ``(a) Requiring Identification at Time of Lobbying Contact.--Any person or entity that makes a lobbying contact with a covered legislative branch official or a covered executive branch official shall, at the time of the lobbying contact-- ``(1) indicate whether the person or entity is registered under this chapter and identify the client on whose behalf the lobbying contact is made; and ``(2) indicate whether such client is a foreign entity and identify any foreign entity required to be disclosed under section 4(b)(4) that has a direct interest in the outcome of the lobbying activity.''; and (2) by redesignating subsection (c) as subsection (b). (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to lobbying contacts made on or after the date of the enactment of this Act. Subtitle D--Recusal of Presidential Appointees SEC. 7301. RECUSAL OF APPOINTEES. Section 208 of title 18, United States Code, is amended by adding at the end the following: ``(e)(1) Any officer or employee appointed by the President shall recuse himself or herself from any particular matter involving specific parties in which a party to that matter is-- ``(A) the President who appointed the officer or employee, which shall include any entity in which the President has a substantial interest; or ``(B) the spouse of the President who appointed the officer or employee, which shall include any entity in which the spouse of the President has a substantial interest. ``(2)(A) Subject to subparagraph (B), if an officer or employee is recused under paragraph (1), a career appointee in the agency of the officer or employee shall perform the functions and duties of the officer or employee with respect to the matter. ``(B)(i) In this subparagraph, the term `Commission' means a board, commission, or other agency for which the authority of the agency is vested in more than 1 member. ``(ii) If the recusal of a member of a Commission from a matter under paragraph (1) would result in there not being a statutorily required quorum of members of the Commission available to participate in the matter, notwithstanding such statute or any other provision of law, the members of the Commission not recused under paragraph (1) may-- ``(I) consider the matter without regard to the quorum requirement under such statute; ``(II) delegate the authorities and responsibilities of the Commission with respect to the matter to a subcommittee of the Commission; or ``(III) designate an officer or employee of the Commission who was not appointed by the President who appointed the member of the Commission recused from the matter to exercise the authorities and duties of the recused member with respect to the matter. ``(3) Any officer or employee who violates paragraph (1) shall be subject to the penalties set forth in section 216. ``(4) For purposes of this section, the term `particular matter' shall have the meaning given the term in section 207(i).''. Subtitle E--Clearinghouse on Lobbying Information SEC. 7401. ESTABLISHMENT OF CLEARINGHOUSE. (a) Establishment.--The Attorney General shall establish and operate within the Department of Justice a clearinghouse through which members of the public may obtain copies (including in electronic form) of registration statements filed under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.) and the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (b) Format.--The Attorney General shall ensure that the information in the clearinghouse established under this Act is maintained in a searchable and sortable format. (c) Agreements With Clerk of House and Secretary of the Senate.-- The Attorney General shall enter into such agreements with the Clerk of the House of Representatives and the Secretary of the Senate as may be necessary for the Attorney General to obtain registration statements filed with the Clerk and the Secretary under the Lobbying Disclosure Act of 1995 for inclusion in the clearinghouse. Subtitle F--Severability SEC. 7501. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND FEDERAL OFFICERS AND EMPLOYEES Subtitle A--Executive Branch Conflict of Interest Sec. 8001. Short title. Sec. 8002. Restrictions on private sector payment for government service. Sec. 8003. Requirements relating to slowing the revolving door. Sec. 8004. Prohibition of procurement officers accepting employment from government contractors. Sec. 8005. Revolving door restrictions on employees moving into the private sector. Sec. 8006. Guidance on unpaid employees. Sec. 8007. Limitation on use of Federal funds and contracting at businesses owned by certain Government officers and employees. Subtitle B--Presidential Conflicts of Interest Sec. 8011. Short title. Sec. 8012. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 8013. Initial financial disclosure. Sec. 8014. Contracts by the President or Vice President. Sec. 8015. Legal defense funds. Subtitle C--White House Ethics Transparency Sec. 8021. Short title. Sec. 8022. Procedure for waivers and authorizations relating to ethics requirements. Subtitle D--Executive Branch Ethics Enforcement Sec. 8031. Short title. Sec. 8032. Reauthorization of the Office of Government Ethics. Sec. 8033. Tenure of the Director of the Office of Government Ethics. Sec. 8034. Duties of Director of the Office of Government Ethics. Sec. 8035. Agency ethics officials training and duties. Sec. 8036. Prohibition on use of funds for certain Federal employee travel in contravention of certain regulations. Sec. 8037. Reports on cost of Presidential travel. Sec. 8038. Reports on cost of senior Federal official travel. Subtitle E--Conflicts From Political Fundraising Sec. 8041. Short title. Sec. 8042. Disclosure of certain types of contributions. Subtitle F--Transition Team Ethics Sec. 8051. Short title. Sec. 8052. Presidential transition ethics programs. Subtitle G--Ethics Pledge For Senior Executive Branch Employees Sec. 8061. Short title. Sec. 8062. Ethics pledge requirement for senior executive branch employees. Subtitle H--Travel on Private Aircraft by Senior Political Appointees Sec. 8071. Short title. Sec. 8072. Prohibition on use of funds for travel on private aircraft. Subtitle I--Severability Sec. 8081. Severability. Subtitle A--Executive Branch Conflict of Interest SEC. 8001. SHORT TITLE. This subtitle may be cited as the ``Executive Branch Conflict of Interest Act''. SEC. 8002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. Section 209 of title 18, United States Code, is amended-- (1) in subsection (a); (A) by striking ``any salary'' and inserting ``any salary (including a bonus)''; and (B) by striking ``as compensation for his services'' and inserting ``at any time, as compensation for serving''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.''. SEC. 8003. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES ``Sec. 601. Definitions ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) or paragraph (1) of section 207(d) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(4) Executive branch.--The term `executive branch' has the meaning given that term in section 109. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include any agency or instrumentality of the Federal Government. ``(6) Former employer.--The term `former employer'-- ``(A) means a person for whom a covered employee served as an employee, officer, director, trustee, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) an entity in the Federal Government, including an executive branch agency; ``(ii) a State or local government; ``(iii) the District of Columbia; ``(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(v) the government of a territory or possession of the United States. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. ``Sec. 602. Conflict of interest and eligibility standards ``(a) In General.--A covered employee may not participate personally and substantially in a particular matter in which the covered employee knows or reasonably should have known that a former employer or former client of the covered employee has a financial interest. ``(b) Waiver.-- ``(1) In general.-- ``(A) Agency heads.--With respect to the head of a covered agency who is a covered employee, the Designated Agency Ethics Official for the Executive Office of the President, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the head engages in the action otherwise prohibited by such subsection if the Designated Agency Ethics Official for the Executive Office of the President determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the head's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs or operations. ``(B) Other covered employees.--With respect to any covered employee not covered by subparagraph (A), the head of the covered agency employing the covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) before the covered employee engages in the action otherwise prohibited by such subsection if the head of the covered agency determines and certifies in writing that, in light of all the relevant circumstances, the interest of the Federal Government in the covered employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs or operations. ``(2) Publication.--For any waiver granted under paragraph (1), the individual who granted the waiver shall-- ``(A) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and ``(B) publish the waiver on the website of the applicable agency not more than 30 calendar days after granting such waiver. ``(3) Review.--Upon receiving a written waiver under paragraph (1)(A), the Director shall-- ``(A) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and ``(B) if the Director so objects-- ``(i) provide reasons for the objection in writing to the head of the agency who granted the waiver not more than 15 calendar days after the waiver was granted; and ``(ii) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted. ``Sec. 603. Penalties and injunctions ``(a) Criminal Penalties.-- ``(1) In general.--Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. ``(2) Willful violations.--Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(B) Rule of construction.--A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States or any other person. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. ``(B) Standard.--The court may issue an order under subparagraph (A) if the court finds by a preponderance of the evidence that the conduct of the person violates section 602. ``(C) Rule of construction.--The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.''. SEC. 8004. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. (a) Expansion of Prohibition on Acceptance by Former Officials of Compensation From Contractors.--Section 2104 of title 41, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``or consultant'' and inserting ``attorney, consultant, subcontractor, or lobbyist''; and (ii) by striking ``one year'' and inserting ``2 years''; and (B) in paragraph (3), by striking ``personally made for the Federal agency'' and inserting ``participated personally and substantially in''; and (2) by striking subsection (b) and inserting the following: ``(b) Prohibition on Compensation From Affiliates and Subcontractors.--A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor.''. (b) Requirement for Procurement Officers To Disclose Job Offers Made to Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements ``An employee of the Federal Government may not participate personally and substantially in any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.''. (2) Technical and conforming amendment.--The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item: ``2108. Prohibition on involvement by certain former contractor employees in procurements.''. (d) Regulations.--The Director of the Office of Government Ethics, in consultation with the Administrator of General Services, shall promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section. (e) Monitoring and Compliance.--The Administrator of General Services, in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), shall monitor compliance with such chapter 21 by individuals and agencies. SEC. 8005. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE PRIVATE SECTOR. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1)-- (A) by striking ``1 year'' in each instance and inserting ``2 years''; and (B) by inserting ``, or conducts any lobbying activity to facilitate any communication to or appearance before,'' after ``any communication to or appearance before''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (b) Application.--The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act. SEC. 8006. GUIDANCE ON UNPAID EMPLOYEES. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall issue guidance on ethical standards applicable to unpaid employees of an agency. (b) Definitions.--In this section-- (1) the term ``agency'' includes the Executive Office of the President and the White House; and (2) the term ``unpaid employee'' includes any individual occupying a position at an agency and who is unpaid by operation of section 3110 of title 5, United States Code, or any other provision of law, but does not include any employee who is unpaid due to a lapse in appropriations. SEC. 8007. LIMITATION ON USE OF FEDERAL FUNDS AND CONTRACTING AT BUSINESSES OWNED BY CERTAIN GOVERNMENT OFFICERS AND EMPLOYEES. (a) Limitation on Federal Funds.--Beginning in fiscal year 2022 and in each fiscal year thereafter, no Federal funds may be obligated or expended for purposes of procuring goods or services at any business owned or controlled by a covered individual or any family member of such an individual, unless such obligation or expenditure of funds is authorized under the Presidential Protection Assistance Act of 1976 (Public Law 94-524). (b) Prohibition on Contracts.--No Executive agency may enter into or hold a contract with a business owned or controlled by a covered individual or any family member of such an individual. (c) Determination of Ownership.--For purposes of this section, a business shall be deemed to be owned or controlled by a covered individual or any family member of such an individual if the covered individual or member of family (as the case may be)-- (1) is a member of the board of directors or similar governing body of the business; (2) directly or indirectly owns or controls more than 50 percent of the voting shares of the business; or (3) is the beneficiary of a trust which owns or controls more than 50 percent of the business and can direct distributions under the terms of the trust. (d) Definitions.--In this section: (1) Covered individual.--The term ``covered individual'' means-- (A) the President; (B) the Vice President; (C) the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and (D) any individual occupying a position designated by the President as a Cabinet-level position. (2) Family member.--The term ``family member'' means an individual with any of the following relationships to a covered individual: (A) Spouse, and parents thereof. (B) Sons and daughters, and spouses thereof. (C) Parents, and spouses thereof. (D) Brothers and sisters, and spouses thereof. (E) Grandparents and grandchildren, and spouses thereof. (F) Domestic partner and parents thereof, including domestic partners of any individual in subparagraphs (A) through (E). (3) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. Subtitle B--Presidential Conflicts of Interest SEC. 8011. SHORT TITLE. This subtitle may be cited as the ``Presidential Conflicts of Interest Act of 2021''. SEC. 8012. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF INTEREST. (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding after title VI (as added by section 8003) the following: ``TITLE VII--DIVESTITURE OF FINANCIAL CONFLICTS OF INTERESTS OF THE PRESIDENT AND VICE PRESIDENT ``Sec. 701. Divestiture of financial interests posing a conflict of interest ``(a) Applicability to the President and Vice President.--The President and Vice President shall, within 30 days of assuming office, divest of all financial interests that pose a conflict of interest because the President or Vice President, the spouse, dependent child, or general partner of the President or Vice President, or any person or organization with whom the President or Vice President is negotiating or has any arrangement concerning prospective employment, has a financial interest, by-- ``(1) converting each such interest to cash or other investment that meets the criteria established by the Director of the Office of Government Ethics through regulation as being an interest so remote or inconsequential as not to pose a conflict; or ``(2) placing each such interest in a qualified blind trust as defined in section 102(f)(3) or a diversified trust under section 102(f)(4)(B). ``(b) Disclosure Exemption.--Subsection (a) shall not apply if the President or Vice President complies with section 102.''. (b) Additional Disclosures.--Section 102(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(9) With respect to any such report filed by the President or Vice President, for any corporation, company, firm, partnership, or other business enterprise in which the President, Vice President, or the spouse or dependent child of the President or Vice President, has a significant financial interest-- ``(A) the name of each other person who holds a significant financial interest in the firm, partnership, association, corporation, or other entity; ``(B) the value, identity, and category of each liability in excess of $10,000; and ``(C) a description of the nature and value of any assets with a value of $10,000 or more.''. (c) Regulations.--Not later than 120 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall promulgate regulations to define the criteria required by section 701(a)(1) of the Ethics in Government Act of 1978 (as added by subsection (a)) and the term ``significant financial interest'' for purposes of section 102(a)(9) of the Ethics in Government Act (as added by subsection (b)). SEC. 8013. INITIAL FINANCIAL DISCLOSURE. Subsection (a) of section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``position'' and adding at the end the following: ``position, with the exception of the President and Vice President, who must file a new report.''. SEC. 8014. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT. (a) Amendment.--Section 431 of title 18, United States Code, is amended-- (1) in the section heading, by inserting ``the President, Vice President, Cabinet Member, or a'' after ``Contracts by''; and (2) in the first undesignated paragraph, by inserting ``the President, Vice President, or any Cabinet member'' after ``Whoever, being''. (b) Table of Sections Amendment.--The table of sections for chapter 23 of title 18, United States Code, is amended by striking the item relating to section 431 and inserting the following: ``431. Contracts by the President, Vice President, or a Member of Congress.''. SEC. 8015. LEGAL DEFENSE FUNDS. (a) Definitions.--In this section-- (1) the term ``Director'' means the Director of the Office of Government Ethics; (2) the term ``legal defense fund'' means a trust-- (A) that has only one beneficiary; (B) that is subject to a trust agreement creating an enforceable fiduciary duty on the part of the trustee to the beneficiary, pursuant to the applicable law of the jurisdiction in which the trust is established; (C) that is subject to a trust agreement that provides for the mandatory public disclosure of all donations and disbursements; (D) that is subject to a trust agreement that prohibits the use of its resources for any purpose other than-- (i) the administration of the trust; (ii) the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of service by the trust's beneficiary as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President; or (iii) the distribution of unused resources to a charity selected by the trustee that has not been selected or recommended by the beneficiary of the trust; (E) that is subject to a trust agreement that prohibits the use of its resources for any other purpose or personal legal matters, including tax planning, personal injury litigation, protection of property rights, divorces, or estate probate; and (F) that is subject to a trust agreement that prohibits the acceptance of donations, except in accordance with this section and the regulations of the Office of Government Ethics; (3) the term ``lobbying activity'' has the meaning given that term in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602); (4) the term ``officer or employee'' means-- (A) an officer (as that term is defined in section 2104 of title 5, United States Code) or employee (as that term is defined in section 2105 of such title) of the executive branch of the Government; (B) the Vice President; and (C) the President; and (5) the term ``relative'' has the meaning given that term in section 3110 of title 5, United States Code. (b) Legal Defense Funds.--An officer or employee may not accept or use any gift or donation for the payment or reimbursement of legal fees or expenses incurred in investigative, civil, criminal, or other legal proceedings relating to or arising by virtue of the officer or employee's service as an officer or employee, as defined in this section, or as an employee, contractor, consultant or volunteer of the campaign of the President or Vice President except through a legal defense fund that is certified by the Director of the Office of Government Ethics. (c) Limits on Gifts and Donations.--Not later than 120 days after the date of the enactment of this Act, the Director shall promulgate regulations establishing limits with respect to gifts and donations described in subsection (b), which shall, at a minimum-- (1) prohibit the receipt of any gift or donation described in subsection (b)-- (A) from a single contributor (other than a relative of the officer or employee) in a total amount of more than $5,000 during any calendar year; (B) from a registered lobbyist; (C) from a foreign government or an agent of a foreign principal; (D) from a State government or an agent of a State government; (E) from any person seeking official action from, or seeking to do or doing business with, the agency employing the officer or employee; (F) from any person conducting activities regulated by the agency employing the officer or employee; (G) from any person whose interests may be substantially affected by the performance or nonperformance of the official duties of the officer or employee; (H) from an officer or employee of the executive branch; or (I) from any organization a majority of whose members are described in (A)-(H); and (2) require that a legal defense fund, in order to be certified by the Director, only permit distributions to the applicable officer or employee. (d) Written Notice.-- (1) In general.--An officer or employee who wishes to accept funds or have a representative accept funds from a legal defense fund shall first ensure that the proposed trustee of the legal defense fund submits to the Director the following information: (A) The name and contact information for any proposed trustee of the legal defense fund. (B) A copy of any proposed trust document for the legal defense fund. (C) The nature of the legal proceeding (or proceedings), investigation or other matter which give rise to the establishment of the legal defense fund. (D) An acknowledgment signed by the officer or employee and the trustee indicating that they will be bound by the regulations and limitation under this section. (2) Approval.--An officer or employee may not accept any gift or donation to pay, or to reimburse any person for, fees or expenses described in subsection (b) of this section except through a legal defense fund that has been certified in writing by the Director following that office's receipt and approval of the information submitted under paragraph (1) and approval of the structure of the fund. (e) Reporting.-- (1) In general.--An officer or employee who establishes a legal defense fund may not directly or indirectly accept distributions from a legal defense fund unless the fund has provided the Director a quarterly report for each quarter of every calendar year since the establishment of the legal defense fund that discloses, with respect to the quarter covered by the report-- (A) the source and amount of each contribution to the legal defense fund; and (B) the amount, recipient, and purpose of each expenditure from the legal defense fund, including all distributions from the trust for any purpose. (2) Public availability.--The Director shall make publicly available online-- (A) each report submitted under paragraph (1) in a searchable, sortable, and downloadable form; (B) each trust agreement and any amendment thereto; (C) the written notice and acknowledgment required by subsection (d); and (D) the Director's written certification of the legal defense fund. (f) Recusal.--An officer or employee, other than the President and the Vice President, who is the beneficiary of a legal defense fund may not participate personally and substantially in any particular matter in which the officer or employee knows a donor of any source of a gift or donation to the legal defense fund established for the officer or employee has a financial interest, for a period of 2 years from the date of the most recent gift or donation to the legal defense fund. Subtitle C--White House Ethics Transparency SEC. 8021. SHORT TITLE. This subtitle may be cited as the ``White House Ethics Transparency Act of 2021''. SEC. 8022. PROCEDURE FOR WAIVERS AND AUTHORIZATIONS RELATING TO ETHICS REQUIREMENTS. (a) In General.--Notwithstanding any other provision of law, not later than 30 days after an officer or employee issues or approves a waiver or authorization pursuant to section 3 of Executive Order No. 13770 (82 6 Fed. Reg. 9333), or any subsequent similar order, such officer or employee shall-- (1) transmit a written copy of such waiver or authorization to the Director of the Office of Government Ethics; and (2) make a written copy of such waiver or authorization available to the public on the website of the employing agency of the covered employee. (b) Retroactive Application.--In the case of a waiver or authorization described in subsection (a) issued during the period beginning on January 20, 2017, and ending on the date of enactment of this Act, the issuing officer or employee of such waiver or authorization shall comply with the requirements of paragraphs (1) and (2) of such subsection not later than 30 days after the date of enactment of this Act. (c) Office of Government Ethics Public Availability.--Not later than 30 days after receiving a written copy of a waiver or authorization under subsection (a)(1), the Director of the Office of Government Ethics shall make such waiver or authorization available to the public on the website of the Office of Government Ethics. (d) Report to Congress.--Not later than 45 days after the date of enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress on the impact of the application of subsection (b), including the name of any individual who received a waiver or authorization described in subsection (a) and who, by operation of subsection (b), submitted the information required by such subsection. (e) Definition of Covered Employee.--In this section, the term ``covered employee''-- (1) means a non-career Presidential or Vice Presidential appointee, non-career appointee in the Senior Executive Service (or other SES-type system), or an appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency; and (2) does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. Subtitle D--Executive Branch Ethics Enforcement SEC. 8031. SHORT TITLE. This subtitle may be cited as the ``Executive Branch Comprehensive Ethics Enforcement Act of 2021''. SEC. 8032. REAUTHORIZATION OF THE OFFICE OF GOVERNMENT ETHICS. Section 405 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``fiscal year 2007'' and inserting ``fiscal years 2021 through 2025.''. SEC. 8033. TENURE OF THE DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS. Section 401(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking the period at the end and inserting ``, subject to removal only for inefficiency, neglect of duty, or malfeasance in office. The Director may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Director may not continue to serve for more than one year after the date on which the term would otherwise expire under this subsection.''. SEC. 8034. DUTIES OF DIRECTOR OF THE OFFICE OF GOVERNMENT ETHICS. (a) In General.--Section 402(a) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by striking ``, in consultation with the Office of Personnel Management,''. (b) Responsibilities of the Director.--Section 402(b) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1)-- (A) by striking ``developing, in consultation with the Attorney General and the Office of Personnel Management, rules and regulations to be promulgated by the President or the Director'' and inserting ``developing and promulgating rules and regulations''; and (B) by striking ``title II'' and inserting ``title I''; (2) by striking paragraph (2) and inserting the following: ``(2) providing mandatory education and training programs for designated agency ethics officials, which may be delegated to each agency or the White House Counsel as deemed appropriate by the Director;''; (3) in paragraph (3), by striking ``title II'' and inserting ``title I''; (4) in paragraph (4), by striking ``problems'' and inserting ``issues''; (5) in paragraph (6)-- (A) by striking ``issued by the President or the Director''; and (B) by striking ``problems'' and inserting ``issues''; (6) in paragraph (7)-- (A) by striking ``, when requested,''; and (B) by striking ``conflict of interest problems'' and inserting ``conflicts of interest, as well as other ethics issues''; (7) in paragraph (9)-- (A) by striking ``ordering'' and inserting ``receiving allegations of violations of this Act or regulations of the Office of Government Ethics and, when necessary, investigating an allegation to determine whether a violation occurred, and ordering''; and (B) by inserting before the semi-colon the following: ``, and recommending appropriate disciplinary action''; (8) in paragraph (12)-- (A) by striking ``evaluating, with the assistance of'' and inserting ``promulgating, with input from''; (B) by striking ``the need for''; and (C) by striking ``conflict of interest and ethical problems'' and inserting ``conflict of interest and ethics issues''; (9) in paragraph (13)-- (A) by striking ``with the Attorney General'' and inserting ``with the Inspectors General and the Attorney General''; (B) by striking ``violations of the conflict of interest laws'' and inserting ``conflict of interest issues and allegations of violations of ethics laws and regulations and this Act''; and (C) by striking ``, as required by section 535 of title 28, United States Code''; (10) in paragraph (14), by striking ``and'' at the end; (11) in paragraph (15)-- (A) by striking ``, in consultation with the Office of Personnel Management,''; (B) by striking ``title II'' and inserting ``title I''; and (C) by striking the period at the end and inserting a semicolon; and (12) by adding at the end the following: ``(16) directing and providing final approval, when determined appropriate by the Director, for designated agency ethics officials regarding the resolution of conflicts of interest as well as any other ethics issues under the purview of this Act in individual cases; and ``(17) reviewing and approving, when determined appropriate by the Director, any recusals, exemptions, or waivers from the conflicts of interest and ethics laws, rules, and regulations and making approved recusals, exemptions, and waivers made publicly available by the relevant agency available in a central location on the official website of the Office of Government Ethics.''. (c) Written Procedures.--Paragraph (1) of section 402(d) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) by striking ``, by the exercise of any authority otherwise available to the Director under this title,''; (2) by striking ``the agency is''; and (3) by inserting after ``filed by'' the following: ``, or written documentation of recusals, waivers, or ethics authorizations relating to,''. (d) Corrective Actions.--Section 402(f) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in paragraph (1)-- (A) in clause (i) of subparagraph (A), by striking ``of such agency''; and (B) in subparagraph (B), by inserting before the period at the end ``and determine that a violation of this Act has occurred and issue appropriate administrative or legal remedies as prescribed in paragraph (2)''; (2) in paragraph (2)-- (A) in subparagraph (A)-- (i) in clause (ii)-- (I) in subclause (I)-- (aa) by inserting ``to the President or the President's designee if the matter involves employees of the Executive Office of the President or'' after ``may recommend''; (bb) by striking ``and'' at the end; and (II) in subclause (II)-- (aa) by inserting ``President or'' after ``determines that the''; and (bb) by adding ``and'' at the end; (ii) in subclause (II) of clause (iii)-- (I) by striking ``notify, in writing,'' and inserting ``advise the President or order''; (II) by inserting ``to take appropriate disciplinary action including reprimand, suspension, demotion, or dismissal against the officer or employee (provided, however, that any order issued by the Director shall not affect an employee's right to appeal a disciplinary action under applicable law, regulation, collective bargaining agreement, or contractual provision).'' after ``employee's agency''; and (III) by striking ``of the officer's or employee's noncompliance, except that, if the officer or employee involved is the agency head, the notification shall instead be submitted to the President; and''; and (iii) by striking clause (iv); (B) in subparagraph (B)(i)-- (i) by striking ``subparagraph (A)(iii) or (iv)'' and inserting ``subparagraph (A)''; (ii) by inserting ``(I)'' before ``In order to''; and (iii) by adding at the end the following: ``(II)(aa) The Director may secure directly from any agency information necessary to enable the Director to carry out this Act. Upon request of the Director, the head of such agency shall furnish that information to the Director. ``(bb) The Director may require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium and documentary evidence necessary in the performance of the functions assigned by this Act, which subpoena, in the case of refusal to obey, shall be enforceable by order of any appropriate United States district court.''; (C) in subparagraph (B)(ii)(I)-- (i) by striking ``Subject to clause (iv) of this subparagraph, before'' and inserting ``Before''; and (ii) by striking ``subparagraphs (A) (iii) or (iv)'' and inserting ``subparagraph (A)(iii)''; (D) in subparagraph (B)(iii), by striking ``Subject to clause (iv) of this subparagraph, before'' and inserting ``Before''; and (E) in subparagraph (B)(iv)-- (i) by striking ``title 2'' and inserting ``title I''; and (ii) by striking ``section 206'' and inserting ``section 106''; and (3) in paragraph (4), by striking ``(iv),''. (e) Definitions.--Section 402 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(g) For purposes of this title-- ``(1) the term `agency' shall include the Executive Office of the President; and ``(2) the term `officer or employee' shall include any individual occupying a position, providing any official services, or acting in an advisory capacity, in the White House or the Executive Office of the President. ``(h) In this title, a reference to the head of an agency shall include the President or the President's designee. ``(i) The Director shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States, including the Office of Management and Budget, before submitting to Congress, or any committee or subcommittee thereof, any information, reports, recommendations, testimony, or comments, if such submissions include a statement indicating that the views expressed therein are those of the Director and do not necessarily represent the views of the President.''. SEC. 8035. AGENCY ETHICS OFFICIALS TRAINING AND DUTIES. (a) In General.--Section 403 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in subsection (a), by adding a period at the end of the matter following paragraph (2); and (2) by adding at the end the following: ``(c)(1) All designated agency ethics officials and alternate designated agency ethics officials shall register with the Director as well as with the appointing authority of the official. ``(2) The Director shall provide ethics education and training to all designated and alternate designated agency ethics officials in a time and manner deemed appropriate by the Director. ``(3) Each designated agency ethics official and each alternate designated agency ethics official shall biannually attend ethics education and training, as provided by the Director under paragraph (2). ``(d) Each Designated Agency Ethics Official, including the Designated Agency Ethics Official for the Executive Office of the President-- ``(1) shall provide to the Director, in writing, in a searchable, sortable, and downloadable format, all approvals, authorizations, certifications, compliance reviews, determinations, directed divestitures, public financial disclosure reports, notices of deficiency in compliance, records related to the approval or acceptance of gifts, recusals, regulatory or statutory advisory opinions, waivers, including waivers under section 207 or 208 of title 18, United States Code, and any other records designated by the Director, unless disclosure is prohibited by law; ``(2) shall, for all information described in paragraph (1) that is permitted to be disclosed to the public under law, make the information available to the public by publishing the information on the website of the Office of Government Ethics, providing a link to download an electronic copy of the information, or providing printed paper copies of such information to the public; and ``(3) may charge a reasonable fee for the cost of providing paper copies of the information pursuant to paragraph (2). ``(e)(1) For all information that is provided by an agency to the Director under paragraph (1) of subsection (d), the Director shall make the information available to the public in a searchable, sortable, downloadable format by publishing the information on the website of the Office of Government Ethics or providing a link to download an electronic copy of the information. ``(2) The Director may, upon request, provide printed paper copies of the information published under paragraph (1) and charge a reasonable fee for the cost of printing such copies.''. (b) Repeal.--Section 408 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is hereby repealed. SEC. 8036. PROHIBITION ON USE OF FUNDS FOR CERTAIN FEDERAL EMPLOYEE TRAVEL IN CONTRAVENTION OF CERTAIN REGULATIONS. (a) In General.--Beginning on the date of enactment of this Act, no Federal funds appropriated or otherwise made available in any fiscal year may be used for the travel expenses of any senior Federal official in contravention of sections 301-10.260 through 301-10.266 of title 41, Code of Federal Regulations, or any successor regulation. (b) Quarterly Report on Travel.-- (1) In general.--Not later than 90 days after the date of enactment of this Act and every 90 days thereafter, the head of each Federal agency shall submit a report to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate detailing travel on Government aircraft by any senior Federal official employed at the applicable agency. (2) Application.--Any report required under paragraph (1) shall not include any classified travel, and nothing in this Act shall be construed to supersede, alter, or otherwise affect the application of section 101-37.408 of title 41, Code of Federal Regulations, or any successor regulation. (c) Travel Regulation Report.--Not later than 1 year after enactment of this Act, the Director of the Office of Government Ethics shall submit a report to Congress detailing suggestions on strengthening Federal travel regulations. On the date such report is so submitted, the Director shall publish such report on the Office's public website. (d) Senior Federal Official Defined.--In this section, the term ``senior Federal official'' has the meaning given that term in section 101-37.100 of title 41, Code of Federal Regulations, as in effect on the date of enactment of this Act, and includes any senior executive branch official (as that term is defined in such section). SEC. 8037. REPORTS ON COST OF PRESIDENTIAL TRAVEL. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense, in consultation with the Secretary of the Air Force, shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of Presidential travel. Each such report shall include costs incurred for travel to a property owned or operated by the individual serving as President or an immediate family member of such individual. (b) Immediate Family Member Defined.--In this section, the term ``immediate family member'' means the spouse of such individual, the adult or minor child of such individual, or the spouse of an adult child of such individual. SEC. 8038. REPORTS ON COST OF SENIOR FEDERAL OFFICIAL TRAVEL. (a) Report Required.--Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of Defense shall submit to the Chairman and Ranking Member of the Committee on Armed Services of the House of Representatives a report detailing the direct and indirect costs to the Department of Defense in support of travel by senior Federal officials on military aircraft. Each such report shall include whether spousal travel furnished by the Department was reimbursed to the Federal Government. (b) Exception.--Required use travel, as outlined in Department of Defense Directive 4500.56, shall not be included in reports under subsection (a). (c) Senior Federal Official Defined.--In this section, the term ``senior Federal official'' has the meaning given that term in section 8036(d). Subtitle E--Conflicts From Political Fundraising SEC. 8041. SHORT TITLE. This subtitle may be cited as the ``Conflicts from Political Fundraising Act of 2021''. SEC. 8042. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS. (a) Definitions.--Section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating paragraphs (2) through (19) as paragraphs (5) through (22), respectively; and (2) by inserting after paragraph (1) the following: ``(2) `covered contribution' means a payment, advance, forbearance, rendering, or deposit of money, or any thing of value-- ``(A)(i) that-- ``(I) is-- ``(aa) made by or on behalf of a covered individual; or ``(bb) solicited in writing by or at the request of a covered individual; and ``(II) is made-- ``(aa) to a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(bb) to an organization-- ``(AA) that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(BB) that promotes or opposes changes in Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; or ``(ii) that is-- ``(I) solicited in writing by or on behalf of a covered individual; and ``(II) made-- ``(aa) by an individual or entity the activities of which are subject to Federal laws or regulations that are (or would be) administered by the agency in which the covered individual has been nominated for appointment to a covered position or is serving in a covered position; and ``(bb) to-- ``(AA) a political organization, as defined in section 527 of the Internal Revenue Code of 1986; or ``(BB) an organization that is described in paragraph (4) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and ``(B) that is made to an organization described in item (aa) or (bb) of clause (i)(II) or clause (ii)(II)(bb) of subparagraph (A) for which the total amount of such payments, advances, forbearances, renderings, or deposits of money, or any thing of value, during the calendar year in which it is made is not less than the contribution limitation in effect under section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for elections occurring during such calendar year; ``(3) `covered individual' means an individual who has been nominated or appointed to a covered position; and ``(4) `covered position'-- ``(A) means-- ``(i) a position described under sections 5312 through 5316 of title 5, United States Code; ``(ii) a position placed in level IV or V of the Executive Schedule under section 5317 of title 5, United States Code; ``(iii) a position as a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; ``(iv) a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations; and ``(v) a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); and ``(B) does not include a position if the individual serving in the position has been excluded from the application of section 101(f)(5);''. (b) Disclosure Requirements.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (1) in section 101-- (A) in subsection (a)-- (i) by inserting ``(1)'' before ``Within''; (ii) by striking ``unless'' and inserting ``and, if the individual is assuming a covered position, the information described in section 102(j), except that, subject to paragraph (2), the individual shall not be required to file a report if''; and (iii) by adding at the end the following: ``(2) If an individual has left a position described in subsection (f) that is not a covered position and, within 30 days, assumes a position that is a covered position, the individual shall, within 30 days of assuming the covered position, file a report containing the information described in section 102(j)(2)(A).''; (B) in subsection (b)(1), in the first sentence, by inserting ``and the information required by section 102(j)'' after ``described in section 102(b)''; (C) in subsection (d), by inserting ``and, if the individual is serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (D) in subsection (e), by inserting ``and, if the individual was serving in a covered position, the information required by section 102(j)(2)(A)'' after ``described in section 102(a)''; and (2) in section 102-- (A) in subsection (g), by striking ``Political campaign funds'' and inserting ``Except as provided in subsection (j), political campaign funds''; and (B) by adding at the end the following: ``(j)(1) In this subsection-- ``(A) the term `applicable period' means-- ``(i) with respect to a report filed pursuant to subsection (a) or (b) of section 101, the year of filing and the 4 calendar years preceding the year of the filing; and ``(ii) with respect to a report filed pursuant to subsection (d) or (e) of section 101, the preceding calendar year; and ``(B) the term `covered gift' means a gift that-- ``(i) is made to a covered individual, the spouse of a covered individual, or the dependent child of a covered individual; ``(ii) is made by an entity described in item (aa) or (bb) of section 109(2)(A)(i)(II); and ``(iii) would have been required to be reported under subsection (a)(2) if the covered individual had been required to file a report under section 101(d) with respect to the calendar year during which the gift was made. ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or (e) of section 101 by a covered individual shall include, for each covered contribution during the applicable period-- ``(i) the date on which the covered contribution was made; ``(ii) if applicable, the date or dates on which the covered contribution was solicited; ``(iii) the value of the covered contribution; ``(iv) the name of the person making the covered contribution; and ``(v) the name of the person receiving the covered contribution. ``(B)(i) Subject to clause (ii), a covered contribution made by or on behalf of, or that was solicited in writing by or on behalf of, a covered individual shall constitute a conflict of interest, or an appearance thereof, with respect to the official duties of the covered individual. ``(ii) The Director of the Office of Government Ethics may exempt a covered contribution from the application of clause (i) if the Director determines the circumstances of the solicitation and making of the covered contribution do not present a risk of a conflict of interest and the exemption of the covered contribution would not affect adversely the integrity of the Government or the public's confidence in the integrity of the Government. ``(3) A report filed pursuant to subsection (a) or (b) of section 101 by a covered individual shall include the information described in subsection (a)(2) with respect to each covered gift received during the applicable period.''. (c) Provision of Reports and Ethics Agreements to Congress.-- Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(e) Not later than 30 days after receiving a written request from the Chairman or Ranking Member of a committee or subcommittee of either House of Congress, the Director of the Office of Government Ethics shall provide to the Chairman and Ranking Member each report filed under this title by the covered individual and any ethics agreement entered into between the agency and the covered individual.''. (d) Rules on Ethics Agreements.--The Director of the Office of Government Ethics shall promptly issue rules regarding how an agency in the executive branch shall address information required to be disclosed under the amendments made by this subtitle in drafting ethics agreements between the agency and individuals appointed to positions in the agency. (e) Technical and Conforming Amendments.-- (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in section 101(f)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; (iii) in paragraph (11), by striking ``section 109(10)'' and inserting ``section 109(13)''; and (iv) in paragraph (12), by striking ``section 109(8)'' and inserting ``section 109(11)''; (B) in section 103(l)-- (i) in paragraph (9), by striking ``section 109(12)'' and inserting ``section 109(15)''; and (ii) in paragraph (10), by striking ``section 109(13)'' and inserting ``section 109(16)''; and (C) in section 105(b)(3)(A), by striking ``section 109(8) or 109(10)'' and inserting ``section 109(11) or 109(13)''. (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by striking ``section 109(13)'' and inserting ``section 109(16)''. (3) Section 21A of the Securities Exchange Act of 1934 (15 U.S.C. 78u-1) is amended-- (A) in subsection (g)(2)(B)(ii), by striking ``section 109(11) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.))''; and (B) in subsection (h)(2)-- (i) in subparagraph (B), by striking ``section 109(8) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(8))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''; and (ii) in subparagraph (C), by striking ``section 109(10) of the Ethics in Government Act of 1978 (5 U.S.C. App. 109(10))'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''. (4) Section 499(j)(2) of the Public Health Service Act (42 U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of the Ethics in Government Act of 1978'' and inserting ``section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''. Subtitle F--Transition Team Ethics SEC. 8051. SHORT TITLE. This subtitle may be cited as the ``Transition Team Ethics Improvement Act''. SEC. 8052. PRESIDENTIAL TRANSITION ETHICS PROGRAMS. The Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended-- (1) in section 3(f), by adding at the end the following: ``(3) Not later than 10 days after submitting an application for a security clearance for any individual, and not later than 10 days after any such individual is granted a security clearance (including an interim clearance), each eligible candidate (as that term is described in subsection (h)(4)(A)) or the President-elect (as the case may be) shall submit a report containing the name of such individual to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.''; and (2) in section 6(b)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(C) a list of all positions each transition team member has held outside the Federal Government for the previous 12- month period, including paid and unpaid positions; ``(D) sources of compensation for each transition team member exceeding $5,000 a year for the previous 12-month period; ``(E) a description of the role of each transition team member, including a list of any policy issues that the member expects to work on, and a list of agencies the member expects to interact with, while serving on the transition team; ``(F) a list of any issues from which each transition team member will be recused while serving as a member of the transition team pursuant to the transition team ethics plan outlined in section 4(g)(3); and ``(G) an affirmation that no transition team member has a financial conflict of interest that precludes the member from working on the matters described in subparagraph (E).''; (B) in paragraph (2), by inserting ``not later than 2 business days'' after ``public''; and (C) by adding at the end the following: ``(3) The head of a Federal department or agency, or their designee, shall not permit access to the Federal department or agency, or employees of such department or agency, that would not be provided to a member of the public for any transition team member who does not make the disclosures listed under paragraph (1).''. Subtitle G--Ethics Pledge For Senior Executive Branch Employees SEC. 8061. SHORT TITLE. This subtitle may be cited as the ``Ethics in Public Service Act''. SEC. 8062. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH EMPLOYEES. The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title: ``TITLE II--ETHICS PLEDGE ``SEC. 201. DEFINITIONS. ``For the purposes of this title, the following definitions apply: ``(1) The term `executive agency' has the meaning given that term in section 105 of title 5, United States Code, and includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission, but does not include the Government Accountability Office. ``(2) The term `appointee' means any noncareer Presidential or Vice-Presidential appointee, noncareer appointee in the Senior Executive Service (or other SES-type system), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency, but does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. ``(3) The term `gift'-- ``(A) has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations (or any successor regulation); and ``(B) does not include those items excluded by sections 2635.204(b), (c), (e)(1), (e)(3), (j), (k), and (l) of such title 5. ``(4) The term `covered executive branch official' and `lobbyist' have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). ``(5) The term `registered lobbyist or lobbying organization' means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of an organization filing such a registration, `registered lobbyist' includes each of the lobbyists identified therein. ``(6) The term `lobby' and `lobbied' mean to act or have acted as a registered lobbyist. ``(7) The term `former employer'-- ``(A) means a person or entity for whom an appointee served as an employee, officer, director, trustee, partner, agent, attorney, consultant, or contractor during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) an agency or instrumentality of the Federal Government; ``(ii) a State or local government; ``(iii) the District of Columbia; ``(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(v) the government of a territory or possession of the United States. ``(8) The term `former client' means a person or entity for whom an appointee served personally as agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government, but does not include an agency or instrumentality of the Federal Government. ``(9) The term `directly and substantially related to my former employer or former clients' means matters in which the appointee's former employer or a former client is a party or represents a party. ``(10) The term `participate' means to participate personally and substantially. ``(11) The term `post-employment restrictions' includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations. ``(12) The term `Government official' means any employee of the executive branch. ``(13) The term `Administration' means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title. ``(14) The term `pledge' means the ethics pledge set forth in section 202 of this title. ``(15) All references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title. ``SEC. 202. ETHICS PLEDGE. ``Each appointee in every executive agency appointed on or after the date of enactment of this section shall be required to sign an ethics pledge upon appointment. The pledge shall be signed and dated within 30 days of taking office and shall include, at a minimum, the following elements: ```As a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: ```(1) Lobbyist Gift Ban.--I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. ```(2) Revolving Door Ban; Entering Government.-- ```(A) All Appointees Entering Government.--I will not, for a period of 2 years from the date of my appointment, participate in any particular matter involving specific party or parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. ```(B) Lobbyists Entering Government.--If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of subparagraph (A), I will not for a period of 2 years after the date of my appointment-- ```(i) participate in any particular matter on which I lobbied within the 2 years before the date of my appointment; ```(ii) participate in the specific issue area in which that particular matter falls; or ```(iii) seek or accept employment with any executive agency that I lobbied within the 2 years before the date of my appointment. ```(3) Revolving Door Ban; Appointees Leaving Government.-- ```(A) All Appointees Leaving Government.--If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment. ```(B) Appointees Leaving Government to Lobby.--In addition to abiding by the limitations of subparagraph (A), I also agree, upon leaving Government service, not to lobby any covered executive branch official or noncareer Senior Executive Service appointee for the remainder of the Administration. ```(4) Employment Qualification Commitment.--I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience. ```(5) Assent to Enforcement.--I acknowledge that title II of the Ethics in Government Act of 1978, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that title as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service.' . ``SEC. 203. WAIVER. ``(a) The President or the President's designee may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the President or the President's designee certifies (in writing) that, in light of all the relevant circumstances, the interest of the Federal Government in the employee's participation outweighs the concern that a reasonable person may question the integrity of the agency's programs or operations. ``(b) Any waiver under this section shall take effect when the certification is signed by the President or the President's designee. ``(c) For purposes of subsection (a)(2), the public interest shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph (2)(B) of the pledge. ``(d) For any waiver granted under this section, the individual who granted the waiver shall-- ``(1) provide a copy of the waiver to the Director not more than 48 hours after the waiver is granted; and ``(2) publish the waiver on the website of the applicable agency not later than 30 calendar days after granting such waiver. ``(e) Upon receiving a written waiver under subsection (d), the Director shall-- ``(1) review the waiver to determine whether the Director has any objection to the issuance of the waiver; and ``(2) if the Director so objects-- ``(A) provide reasons for the objection in writing to the head of the agency who granted the waiver not more than 15 calendar days after the waiver was granted; and ``(B) publish the written objection on the website of the Office of Government Ethics not more than 30 calendar days after the waiver was granted. ``SEC. 204. ADMINISTRATION. ``(a) The head of each executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency's general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure-- ``(1) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; ``(2) that compliance with paragraph (2)(B) of the pledge is addressed in a written ethics agreement with each appointee to whom it applies; ``(3) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and ``(4) compliance with this title within the agency. ``(b) With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President. ``(c) The Director of the Office of Government Ethics shall-- ``(1) ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a); ``(2) in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge; ``(3) adopt such rules or procedures as are necessary or appropriate-- ``(A) to carry out the responsibilities assigned by this subsection; ``(B) to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees; ``(C) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban; ``(D) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift; ``(E) to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government's programs and operations; and ``(F) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph (4) of the pledge is honored by every employee of the executive branch; ``(4) in consultation with the Director of the Office of Management and Budget, report to the President, the Committee on Oversight and Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure and on steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for presidential pardons, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation; and ``(5) provide an annual public report on the administration of the pledge and this title. ``(d) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee's agency for permanent retention in the appointee's official personnel folder or equivalent folder.''. Subtitle H--Travel on Private Aircraft by Senior Political Appointees SEC. 8071. SHORT TITLE. This subtitle may be cited as the ``Stop Waste And Misuse by Presidential Flyers Landing Yet Evading Rules and Standards'' or the ``SWAMP FLYERS''. SEC. 8072. PROHIBITION ON USE OF FUNDS FOR TRAVEL ON PRIVATE AIRCRAFT. (a) In General.--Beginning on the date of enactment of this subtitle, no Federal funds appropriated or otherwise made available in any fiscal year may be used to pay the travel expenses of any senior political appointee for travel on official business on a non- commercial, private, or chartered flight. (b) Exceptions.--The limitation in subsection (a) shall not apply-- (1) if no commercial flight was available for the travel in question, consistent with subsection (c); or (2) to any travel on aircraft owned or leased by the Government. (c) Certification.-- (1) In general.--Any senior political appointee who travels on a non-commercial, private, or chartered flight under the exception provided in subsection (b)(1) shall, not later than 30 days after the date of such travel, submit a written statement to Congress certifying that no commercial flight was available. (2) Penalty.--Any statement submitted under paragraph (1) shall be considered a statement for purposes of applying section 1001 of title 18, United States Code. (d) Definition of Senior Political Appointee.--In this subtitle, the term ``senior political appointee'' means any individual occupying-- (1) a position listed under the Executive Schedule (subchapter II of chapter 53 of title 5, United States Code); (2) a Senior Executive Service position that is not a career appointee as defined under section 3132(a)(4) of such title; or (3) a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations. Subtitle I--Severability SEC. 8081. SEVERABILITY. If any provision of this title or any amendment made by this title, or any application of such provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of the provisions of this title and the amendments made by this title, and the application of the provision or amendment to any other person or circumstance, shall not be affected. TITLE IX--CONGRESSIONAL ETHICS REFORM Subtitle A--Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B--Conflicts of Interests Sec. 9101. Prohibiting Members of House of Representatives from serving on boards of for-profit entities. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C--Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D--Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E--Reports on Outside Compensation Earned by Congressional Employees Sec. 9401. Reports on outside compensation earned by congressional employees. Subtitle F--Severability Sec. 9501. Severability. Subtitle A--Requiring Members of Congress To Reimburse Treasury for Amounts Paid as Settlements and Awards Under Congressional Accountability Act of 1995 SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 IN ALL CASES OF EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS. (a) Requiring Reimbursement.--Clause (i) of section 415(d)(1)(C) of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)) is amended to read as follows: ``(i) a violation of section 201(a) or section 206(a); or''. (b) Conforming Amendment Relating to Notification of Possibility of Reimbursement.--Clause (i) of section 402(b)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)) is amended to read as follows: ``(i) a violation of section 201(a) or section 206(a); or''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the Congressional Accountability Act of 1995 Reform Act. Subtitle B--Conflicts of Interests SEC. 9101. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES FROM SERVING ON BOARDS OF FOR-PROFIT ENTITIES. Rule XXIII of the Rules of the House of Representatives is amended-- (1) by redesignating clause 22 as clause 23; and (2) by inserting after clause 21 the following new clause: ``22. A Member, Delegate, or Resident Commissioner may not serve on the board of directors of any for-profit entity.''. SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND CONGRESSIONAL STAFF. No Member, officer, or employee of a committee or Member of either House of Congress may knowingly use his or her official position to introduce or aid the progress or passage of legislation, a principal purpose of which is to further only his or her pecuniary interest, only the pecuniary interest of his or her immediate family, or only the pecuniary interest of a limited class of persons or enterprises, when he or she, or his or her immediate family, or enterprises controlled by them, are members of the affected class. SEC. 9103. EXERCISE OF RULEMAKING POWERS. The provisions of this subtitle are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. Subtitle C--Campaign Finance and Lobbying Disclosure SEC. 9201. SHORT TITLE. This subtitle may be cited as the ``Connecting Lobbyists and Electeds for Accountability and Reform Act'' or the ``CLEAR Act''. SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL ELECTION COMMISSION OF PERSONS WHO ARE REGISTERED LOBBYISTS. (a) Reports Filed by Political Committees.--Section 304(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) if any person identified in subparagraph (A), (E), (F), or (G) of paragraph (3) is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.''. (b) Reports Filed by Persons Making Independent Expenditures.-- Section 304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(D) if the person filing the statement, or a person whose identification is required to be disclosed under subparagraph (C), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person is a registered lobbyist under such Act.''. (c) Reports Filed by Persons Making Disbursements for Electioneering Communications.--Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the end the following new subparagraph: ``(G) If the person making the disbursement, or a contributor described in subparagraph (E) or (F), is a registered lobbyist under the Lobbying Disclosure Act of 1995, a separate statement that such person or contributor is a registered lobbyist under such Act.''. (d) Requiring Commission To Establish Link to Websites of Clerk of House and Secretary of Senate.--Section 304 of such Act (52 U.S.C. 30104), as amended by section 4002 and section 4208(a), is amended by adding at the end the following new subsection: ``(l) Requiring Information on Registered Lobbyists To Be Linked to Websites of Clerk of House and Secretary of Senate.-- ``(1) Links to websites.--The Commission shall ensure that the Commission's public database containing information described in paragraph (2) is linked electronically to the websites maintained by the Secretary of the Senate and the Clerk of the House of Representatives containing information filed pursuant to the Lobbying Disclosure Act of 1995. ``(2) Information described.--The information described in this paragraph is each of the following: ``(A) Information disclosed under paragraph (9) of subsection (b). ``(B) Information disclosed under subparagraph (D) of subsection (c)(2). ``(C) Information disclosed under subparagraph (G) of subsection (f)(2).''. SEC. 9203. EFFECTIVE DATE. The amendments made by this subtitle shall apply with respect to reports required to be filed under the Federal Election Campaign Act of 1971 on or after the expiration of the 90-day period which begins on the date of the enactment of this Act. Subtitle D--Access to Congressionally Mandated Reports SEC. 9301. SHORT TITLE. This subtitle may be cited as the ``Access to Congressionally Mandated Reports Act''. SEC. 9302. DEFINITIONS. In this subtitle: (1) Congressionally mandated report.--The term ``congressionally mandated report''-- (A) means a report that is required to be submitted to either House of Congress or any committee of Congress, or subcommittee thereof, by a statute, resolution, or conference report that accompanies legislation enacted into law; and (B) does not include a report required under part B of subtitle II of title 36, United States Code. (2) Director.--The term ``Director'' means the Director of the Government Publishing Office. (3) Federal agency.--The term ``Federal agency'' has the meaning given that term under section 102 of title 40, United States Code, but does not include the Government Accountability Office. (4) Open format.--The term ``open format'' means a file format for storing digital data based on an underlying open standard that-- (A) is not encumbered by any restrictions that would impede reuse; and (B) is based on an underlying open data standard that is maintained by a standards organization. (5) Reports online portal.--The term ``reports online portal'' means the online portal established under section 9303(a). SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED REPORTS. (a) Requirement To Establish Online Portal.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place. The Director may publish other reports on the online portal. (2) Existing functionality.--To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing online portals and functionality under the authority of the Director. (3) Consultation.--In carrying out this subtitle, the Director shall consult with the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports online portal. (b) Content and Function.--The Director shall ensure that the reports online portal includes the following: (1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following: (A) A citation to the statute, conference report, or resolution requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee receiving the report, if applicable. (v) The statute, resolution, or conference report requiring the report. (vi) Subject tags. (vii) A unique alphanumeric identifier for the report that is consistent across report editions. (viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (ix) Key words. (x) Full text search. (xi) Any other relevant information specified by the Director. (D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal. (E) Access to the report not later than 30 calendar days after its submission to Congress. (F) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports. (3) A means for downloading individual reports as the result of a search. (4) An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by section 9304. (5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by-- (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) reports not submitted. (c) Noncompliance by Federal Agencies.-- (1) Reports not submitted.--If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable-- (A) include on the reports online portal-- (i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and (ii) the date on which the report was required to be submitted; and (B) include the congressionally mandated report on the list described in subsection (b)(5)(C). (2) Reports not in open format.--If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal. (d) Free Access.--The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal. (e) Upgrade Capability.--The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this subtitle. SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES. (a) Submission of Electronic Copies of Reports.--Concurrently with the submission to Congress of each congressionally mandated report, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 9303(b)(1) with respect to the congressionally mandated report. Nothing in this subtitle shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof. (b) Guidance.--Not later than 240 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this subtitle. (c) Structure of Submitted Report Data.--The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b). (d) Point of Contact.--The head of each Federal agency shall designate a point of contact for congressionally mandated report. (e) List of Reports.--As soon as practicable each calendar year (but not later than April 1), and on a rolling basis during the year if feasible, the Librarian of Congress shall submit to the Director a list of congressionally mandated reports from the previous calendar year, in consultation with the Clerk of the House of Representatives, which shall-- (1) be provided in an open format; (2) include the information required under clauses (i), (ii), (iv), and (v) of section 9303(b)(1)(C) for each report; (3) include the frequency of the report; (4) include a unique alphanumeric identifier for the report that is consistent across report editions; (5) include the date on which each report is required to be submitted; and (6) be updated and provided to the Director, as necessary. SEC. 9305. REMOVING AND ALTERING REPORTS. A report submitted to be published to the reports online portal may only be changed or removed, with the exception of technical changes, by the head of the Federal agency concerned if-- (1) the head of the Federal agency consults with each congressional committee to which the report is submitted; and (2) Congress enacts a joint resolution authorizing the changing or removal of the report. SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT. (a) In General.--Nothing in this subtitle shall be construed to-- (1) require the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code; or (2) to impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records. (b) Redaction of Information.--The head of a Federal agency may redact information required to be disclosed under this subtitle if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, and shall-- (1) redact information required to be disclosed under this subtitle if disclosure of such information is prohibited by law; (2) redact information being withheld under this subsection prior to submitting the information to the Director; (3) redact only such information properly withheld under this subsection from the submission of information or from any congressionally mandated report submitted under this subtitle; (4) identify where any such redaction is made in the submission or report; and (5) identify the exemption under which each such redaction is made. SEC. 9307. IMPLEMENTATION. Except as provided in section 9304(b), this subtitle shall be implemented not later than 1 year after the date of enactment of this Act and shall apply with respect to congressionally mandated reports submitted to Congress on or after the date that is 1 year after such date of enactment. Subtitle E--Reports on Outside Compensation Earned by Congressional Employees SEC. 9401. REPORTS ON OUTSIDE COMPENSATION EARNED BY CONGRESSIONAL EMPLOYEES. (a) Reports.--The supervisor of an individual who performs services for any Member, committee, or other office of the Senate or House of Representatives for a period in excess of four weeks and who receives compensation therefor from any source other than the Federal Government shall submit a report identifying the identity of the source, amount, and rate of such compensation to-- (1) the Select Committee on Ethics of the Senate, in the case of an individual who performs services for a Member, committee, or other office of the Senate; or (2) the Committee on Ethics of the House of Representatives, in the case of an individual who performs services for a Member (including a Delegate or Resident Commissioner to the Congress), committee, or other office of the House. (b) Timing.--The supervisor shall submit the report required under subsection (a) with respect to an individual-- (1) when such individual first begins performing services described in such subparagraph; (2) at the close of each calendar quarter during which such individual is performing such services; and (3) when such individual ceases to perform such services. Subtitle F--Severability SEC. 9501. SEVERABILITY. If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY Sec. 10001. Presidential and Vice Presidential tax transparency. SEC. 10001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY. (a) Definitions.--In this section-- (1) The term ``covered candidate'' means a candidate of a major party in a general election for the office of President or Vice President. (2) The term ``major party'' has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (3) The term ``income tax return'' means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of-- (A) such individual, other than information returns issued to persons other than such individual; or (B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary of the Treasury or his delegate). (4) The term ``Secretary'' means the Secretary of the Treasury or the delegate of the Secretary. (b) Disclosure.-- (1) In general.-- (A) Candidates for president and vice president.-- Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (B) President and vice president.--With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the taxable year and for the 9 preceding taxable years. (C) Transition rule for sitting presidents and vice presidents.--Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (2) Failure to disclose.--If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return. (3) Publicly available.--The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section). (4) Treatment as a report under the federal election campaign act of 1971.--For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971. (c) Disclosure of Returns of Presidents and Vice Presidents and Certain Candidates for President and Vice President.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information of presidents and vice presidents and certain candidates for president and vice president.-- ``(A) In general.--Upon written request by the chairman of the Federal Election Commission under section 10001(b)(2) of the For the People Act of 2021, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph. ``(B) Disclosure to the public.-- ``(i) In general.--The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A). ``(ii) Redaction of certain information.-- Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.''. (2) Conforming amendments.--Section 6103(p)(4) of such Code is amended-- (A) in the matter preceding subparagraph (A) by striking ``or (22)'' and inserting ``(22), or (23)''; and (B) in subparagraph (F)(ii) by striking ``or (22)'' and inserting ``(22), or (23)''. (3) Effective date.--The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act. Passed the House of Representatives March 3, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 200 (Introduced in House) - National Intersection and Interchange Safety Construction Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr200ih/html/BILLS-117hr200ih.htm	DOC 117th CONGRESS 1st Session H. R. 200 To direct the Secretary of Transportation to establish a national intersection and interchange safety construction program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Emmer introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Secretary of Transportation to establish a national intersection and interchange safety construction program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Intersection and Interchange Safety Construction Program Act of 2021''. SEC. 2. NATIONAL INTERSECTION AND INTERCHANGE SAFETY CONSTRUCTION PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a national intersection and interchange safety construction program (in this section referred to as the ``Program'') to assist safety improvements for high-risk intersections and interchanges. (b) Grant Authority.-- (1) In general.--In carrying out the Program, the Secretary may make a grant to a covered entity in accordance with this section. (2) Competitive basis.--The Secretary shall award grants under the Program on a competitive basis. (c) Project Requirements.--The Secretary may only make a grant under the Program to assist a project that-- (1) is eligible for funding under title 23, United States Code; and (2) will improve the safety of an intersection or interchange that is-- (A) on the National Highway System; (B) used by an average of 50,000 vehicles a day; and (C) in immediate need of improvement with respect to safety. (d) Applications.--To be eligible for a grant under the Program, a covered entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate. (e) Limitation.--The aggregate amount provided to a covered entity in a fiscal year through grants under the Program may not exceed 5 percent of the amount made available for all grants under the Program in that fiscal year. (f) Congressional Review.--At least 90 days before establishing the Program under subsection (a), the Secretary shall submit to Congress a report detailing the selection process the Secretary shall use in making grants under the Program. (g) Covered Entity Defined.--In this section, the term ``covered entity'' means each of the following: (1) A State government entity. (2) A local government entity. (3) A territory of the United States. (4) A tribal government. (5) A metropolitan planning organization. (6) Any entity composed of 2 or more entities described in paragraphs (1) through (5). (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out the Program $250,000,000 each fiscal year. (2) Applicability of title 23, united states code.--Funds authorized to be appropriated by paragraph (1) shall-- (A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent; and (B) remain available until expended and not be transferable. all
H.R. 201 (Introduced in House) - National Bridge Replacement and Improvement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr201ih/html/BILLS-117hr201ih.htm	DOC 117th CONGRESS 1st Session H. R. 201 To direct the Secretary of Transportation to establish a national bridge replacement and improvement program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Emmer introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Secretary of Transportation to establish a national bridge replacement and improvement program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Bridge Replacement and Improvement Act''. SEC. 2. NATIONAL BRIDGE REPLACEMENT AND IMPROVEMENT PROGRAM. (a) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a national bridge replacement and improvement program (in this section referred to as the ``Program'') to assist safety improvements for high- risk intersections and interchanges. (b) Grant Authority.--In carrying out the Program, the Secretary may make grants on a competitive basis to covered entities. (c) Project Requirements.--The Secretary may only make a grant under the Program to assist a project that-- (1) is a bridge on a Federal-aid highway that is eligible for funding under title 23, United States Code; and (2) will-- (A) restore or increase the structural capacity of the bridge; (B) correct a major safety defect of the bridge; or (C) replace an existing bridge with a new bridge that-- (i) is in the same general traffic corridor as the bridge being replaced, as determined by the Secretary; and (ii) meets the requirements of subparagraph (A) or (B). (d) Applications.--To be eligible for a grant under the Program, a covered entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines is appropriate. (e) Limitation.--The aggregate amount provided to a covered entity in a fiscal year through grants under the Program may not exceed 5 percent of the amount made available for all grants under the Program in that fiscal year. (f) Congressional Review.--At least 90 days before establishing the Program under subsection (a), the Secretary shall submit to Congress a report detailing the selection process the Secretary shall use in making grants under the Program. (g) Covered Entity Defined.--In this section, the term ``covered entity'' means any of the following: (1) A State government entity. (2) A local government entity. (3) A territory of the United States. (4) A Tribal government. (5) A metropolitan planning organization. (6) Any entity composed of 2 or more entities described in paragraphs (1) through (5). (h) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out the Program $1,000,000,000 for each fiscal year. (2) Applicability of title 23, united states code.--Funds authorized to be appropriated by paragraph (1) shall-- (A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using such funds shall be 80 percent; and (B) remain available until expended and not be transferable. all
H.R. 202 (Introduced in House) - SALT Fairness Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr202ih/html/BILLS-117hr202ih.htm	DOC 117th CONGRESS 1st Session H. R. 202 To amend the Internal Revenue Code of 1986 to repeal the limitation on deduction for State and local taxes, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Garcia of California introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to repeal the limitation on deduction for State and local taxes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``SALT Fairness Act of 2021''. SEC. 2. REPEAL OF LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC. TAXES. (a) In General.--Section 164(b) is amended by striking paragraph (6). (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in section 11042 of Public Law 115-97. all
"H.R. 203 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 4020 Broadway Street in Houston, Texas, as the Benny C. Martinez 
Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr203ih/html/BILLS-117hr203ih.htm	DOC 117th CONGRESS 1st Session H. R. 203 To designate the facility of the United States Postal Service located at 4020 Broadway Street in Houston, Texas, as the ``Benny C. Martinez Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Ms. Garcia of Texas (for herself, Mr. Castro of Texas, Mr. Babin, Mr. Vela, Ms. Johnson of Texas, Ms. Jackson Lee, Mr. Roy, Mr. Veasey, Mr. Taylor, Mr. Williams of Texas, and Mr. Green of Texas) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 4020 Broadway Street in Houston, Texas, as the ``Benny C. Martinez Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENNY C. MARTINEZ POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 4020 Broadway Street in Houston, Texas, shall be known and designated as the ``Benny C. Martinez Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Benny C. Martinez Post Office Building''. all
H.R. 204 (Engrossed in House) - STEM Opportunities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr204eh/html/BILLS-117hr204eh.htm	DOC 117th CONGRESS 1st Session H. R. 204 _______________________________________________________________________ AN ACT To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. (a) Short Title.--This Act may be cited as the ``STEM Opportunities Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Purposes. Sec. 3. Federal science agency policies for caregivers. Sec. 4. Collection and reporting of data on Federal research grants. Sec. 5. Policies for review of Federal research grants. Sec. 6. Collection of data on demographics of faculty. Sec. 7. Cultural and institutional barriers to expanding the academic and Federal STEM workforce. Sec. 8. Research and dissemination at the National Science Foundation. Sec. 9. Research and related activities to expand STEM opportunities. Sec. 10. Tribal Colleges and Universities Program. Sec. 11. Report to Congress. Sec. 12. Merit review. Sec. 13. Determination of budgetary effects. Sec. 14. Definitions. (c) Findings.--The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation's economic leadership and global competitiveness that the United States educates and trains more scientists and engineers. (2) Research shows that women and minorities who are interested in STEM careers are disproportionately lost at nearly every educational transition and at every career milestone. (3) The National Center for Science and Engineering Statistics at the National Science Foundation collects, compiles, analyzes, and publishes data on the demographics of STEM degrees and STEM jobs in the United States. (4) Women now earn nearly 37 percent of all STEM bachelor's degrees, but major variations persist among fields. In 2017, women earned only 20 percent of all bachelor's degrees awarded in engineering and 19 percent of bachelor's degrees awarded in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for nearly 60 percent of the projected annual growth of newly created STEM job openings from 2016 to 2026. (5) In 2017, underrepresented minority groups comprised 39 percent of the college-age population of the United States, but only 18 percent of students who earned bachelor's degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to approximately 33 percent of White students and 42 percent of Asian students who complete their degree within 5 years. (6) In some STEM fields, including the computer sciences, women persist at about the same rate through doctorate degrees. In other STEM fields, women persist through doctorate degrees at a lower rate. In mathematics, women earn just 26 percent of doctorate degrees compared with 42 percent of undergraduate degrees. Overall, women earned 38 percent of STEM doctorate degrees in 2016. The rate of minority students earning STEM doctorate degrees in physics is 9 percent, compared with 15 percent for bachelor's degree. Students from underrepresented minority groups accounted for only 11.5 percent of STEM doctorate degrees awarded in 2016. (7) The representation of women in STEM drops significantly from the doctorate degree level to the faculty level. Overall, women hold only 26 percent of all tenured and tenure-track positions and 27 percent of full professor positions in STEM fields in our Nation's universities and 4-year colleges. Black and Hispanic faculty together hold about 6.8 percent of all tenured and tenure-track positions and 7.5 percent of full professor positions. Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the National Science Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed. (8) The representation of women is especially low at our Nation's top research universities. Even in the biological sciences, in which women now earn more than 50 percent of the doctorates and passed the 25 percent level 37 years ago, women make up only 25 percent of the full professors at the approximately 100 most research-intensive universities in the United States. In the physical sciences and mathematics, women make up only 11 percent of full professors, in computer sciences only 10 percent, and across engineering fields only 7 percent. The data suggest that approximately 6 percent of all tenure-track STEM faculty members at the most research- intensive universities are from underrepresented minority groups, but in some fields the numbers are too small to report publicly. (9) By 2050, underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor's degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy. (10) According to a 2014 Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands. (11) Female students and students from underrepresented minority groups at institutions of higher education who see few others ``like themselves'' among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM. (12) One in five children in the United States attend school in a rural community. The data shows that rural students are at a disadvantage with respect to STEM readiness. Among STEM-interested students, 17 percent of students in rural high schools and 18 percent of students in town-located high schools meet the ACT STEM Benchmark, compared with 33 percent of students in suburban high schools and 27 percent of students in urban high schools. (13) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women, minorities, and other groups historically underrepresented in STEM. (14) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (15) In 2012, the Office of Diversity and Equal Opportunity of the National Aeronautics and Space Administration (in this Act referred to as ``NASA'') completed a report that-- (A) is specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination; and (B) provides guidance that is usable by all institutions of higher education receiving significant Federal research funding on how to conduct meaningful self-evaluations of campus culture and policies. (16) The Federal Government provides 55 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging the entire talent pool of the United States. (2) To promote research on, and increase understanding of, the participation and trajectories of women, minorities, and other groups historically underrepresented in STEM studies and careers, including persons with disabilities, older learners, veterans, and rural, poor, and tribal populations, at institutions of higher education and Federal science agencies, including Federal laboratories. (3) To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers at all levels. (4) To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers. (5) To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields. SEC. 3. FEDERAL SCIENCE AGENCY POLICIES FOR CAREGIVERS. (a) OSTP Guidance.--Not later than 6 months after the date of enactment of this Act, the Director, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that-- (1) apply to all-- (A) research awards granted by such agency; and (B) principal investigators of such research and their trainees, including postdoctoral researchers and graduate students, who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and (2) provide-- (A) flexibility in timing for the initiation of approved research awards granted by such agency; (B) no-cost extensions of such research awards; (C) grant supplements, as appropriate, to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards; and (D) any other appropriate accommodations at the discretion of the director of each such agency. (b) Uniformity of Guidance.--In providing guidance under subsection (a), the Director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies. (c) Establishment of Policies.--Consistent with the guidance under subsection (a), Federal science agencies shall-- (1) maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and (2) broadly disseminate such policies to current and potential grantees. (d) Data on Usage.--Federal science agencies shall-- (1) collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and (2) report such data on an annual basis to the Director in such form as required by the Director. SEC. 4. COLLECTION AND REPORTING OF DATA ON FEDERAL RESEARCH GRANTS. (a) Collection of Data.-- (1) In general.--Each Federal science agency shall collect, as practicable, with respect to all applications for merit- reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency, the standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget. (2) Uniformity and standardization.--The Director, in consultation with the Director of the National Science Foundation, shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data.-- (A) Requirement.--Beginning not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director. (B) Previous data.--As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the date of such submission. (b) Reporting of Data.--The Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, and years since completion of doctoral degree, including in conjunction with the National Science Foundation's report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-516). SEC. 5. POLICIES FOR REVIEW OF FEDERAL RESEARCH GRANTS. (a) In General.--Each Federal science agency shall implement the policy recommendations with respect to reducing the impact of implicit bias at Federal science agencies and grantee institutions as developed by the Office of Science and Technology Policy in the 2016 report entitled ``Reducing the Impact of Bias in the STEM Workforce'' and any subsequent updates. (b) Pilot Activity.--In consultation with the National Science Foundation and consistent with policy recommendations referenced in subsection (a), each Federal science agency shall implement a 2-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to, and minimize the effects of, implicit bias in the review of extramural and intramural Federal research grants. (c) Establishment of Policies.--Drawing upon lessons learned from the pilot activity under subsection (b), each Federal science agency shall maintain or develop and implement evidence-based policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. (d) Assessment of Policies.--Federal science agencies shall regularly assess, and amend as necessary, the policies and practices implemented pursuant to subsection (c) to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. SEC. 6. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY. (a) Collection of Data.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from grantees on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education. (2) Considerations.--To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, and years since completion of doctoral degree-- (A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing Surveys.--The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)-- (1) take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or (2) award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account. (c) Reporting Data.--The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation's report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-516). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2022 through 2024 to develop and carry out the initial survey required under subsection (a). SEC. 7. CULTURAL AND INSTITUTIONAL BARRIERS TO EXPANDING THE ACADEMIC AND FEDERAL STEM WORKFORCE. (a) Best Practices at Institutions of Higher Education and Federal Laboratories.-- (1) Development of guidance.--Not later than 12 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall develop written guidance for institutions of higher education and Federal laboratories on the best practices for-- (A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, or advancement of women, racial and ethnic minorities, and other groups historically underrepresented in STEM studies and careers; and (B) providing educational opportunities, including workshops as described in subsection (b), for STEM faculty, research personnel, and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel. (2) Existing guidance.--In developing the guidance under paragraph (1), the Director shall utilize guidance already developed by Federal science agencies. (3) Dissemination of guidance.--Federal science agencies shall broadly disseminate the guidance developed under paragraph (1) to institutions of higher education that receive Federal research funding and Federal laboratories. (4) Establishment of policies.--Consistent with the guidance developed under paragraph (1)-- (A) the Director of the National Science Foundation shall develop a policy that-- (i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and (ii) requires each such institution, not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance developed under paragraph (1); and (B) each Federal science agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory. (b) Workshops To Address Cultural Barriers to Expanding the Academic and Federal STEM Workforce.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record, of academic and Federal STEM researchers. (2) Interagency coordination.--The Director shall, to the extent practicable, ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate. (3) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel. (4) Priority fields for academic participants.--In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or nonfaculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics. (5) Organizations eligible to carry out workshops.--A Federal science agency may carry out the program of workshops under this subsection by making grants to organizations made eligible by the Federal science agency and any of the following organizations: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women, minorities, or other groups historically underrepresented in STEM. (6) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant STEM discipline or disciplines from doctoral degree granting institutions that receive Federal research funding; and (ii) in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by different underrepresented groups, including minority women, minority men, persons from rural and underserved areas, persons with disabilities, gender and sexual minority individuals, and first generation graduates in research. (D) Workshop programs shall include information on best practices for mentoring undergraduate, graduate, and postdoctoral women, minorities, and other students from groups historically underrepresented in STEM. (7) Data on workshops.--Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will-- (A) collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees; (B) conduct attitudinal surveys on workshop attendees before and after the workshops; and (C) collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop. (8) Report to nsf.--Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director. (c) Report to Congress.--Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes-- (1) a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and (2) a description and evaluation of the status and effectiveness of the program of workshops required under subsection (b), including a summary of any data reported under paragraph (8) of such subsection. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $1,000,000 in each of fiscal years 2022 through 2026 to carry out this section. SEC. 8. RESEARCH AND DISSEMINATION AT THE NATIONAL SCIENCE FOUNDATION. (a) In General.--The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this Act, including-- (1) research grants to analyze the record-level data collected under section 4 and section 6, consistent with policies to ensure the privacy of individuals identifiable by such data; (2) research grants to study best practices for work-life accommodation; (3) research grants to study the impact of policies and practices that are implemented under this Act or that are otherwise consistent with the purposes of this Act; (4) collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and (5) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2022 through 2026 to carry out this section. SEC. 9. RESEARCH AND RELATED ACTIVITIES TO EXPAND STEM OPPORTUNITIES. (a) National Science Foundation Support for Increasing Diversity Among Stem Faculty at Institutions of Higher Education.--Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5) is amended-- (1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Support for Increasing Diversity Among STEM Faculty at Institutions of Higher Education.-- ``(1) In general.--The Director of the Foundation shall award grants to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. ``(2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. ``(3) Use of funds.--Activities supported by grants under this subsection may include-- ``(A) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; ``(B) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; ``(C) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; ``(D) development and hosting of intra- or inter- institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; ``(E) professional development opportunities for faculty members from underrepresented minority groups; ``(F) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; ``(G) activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and ``(H) other activities consistent with paragraph (1), as determined by the Director of the Foundation. ``(4) Selection process.-- ``(A) Application.--An institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of-- ``(i) the reform effort that is being proposed for implementation by the institution of higher education; ``(ii) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; ``(iii) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and ``(iv) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. ``(B) Review of applications.--In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum-- ``(i) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; ``(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; ``(iii) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and ``(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. ``(C) Grant distribution.--The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. ``(5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2022 through 2026.''. (b) National Science Foundation Support for Broadening Participation in Undergraduate STEM Education.--Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5), as amended by subsection (b), is further amended by inserting after subsection (e) the following: ``(f) Support for Broadening Participation in Undergraduate STEM Education.-- ``(1) In general.--The Director of the Foundation shall award grants to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields. ``(2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. ``(3) Use of funds.--Activities supported by grants under this subsection may include-- ``(A) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; ``(B) implementation or expansion of bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; ``(C) implementation or expansion of outreach programs linking institutions of higher education and K-12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; ``(D) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; ``(E) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; ``(F) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education; ``(G) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; ``(H) provision of stipends for students from underrepresented minority groups participating in research; ``(I) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions; ``(J) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and 2-year institutions of higher education; and ``(K) other activities consistent with paragraph (1), as determined by the Director of the Foundation. ``(4) Selection process.-- ``(A) Application.--An institution of higher education (or a consortia thereof) seeking a grant under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum-- ``(i) a description of the proposed reform effort; ``(ii) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; ``(iii) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; ``(iv) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and ``(v) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. ``(B) Review of applications.--In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum-- ``(i) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; ``(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; ``(iii) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and ``(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. ``(C) Grant distribution.--The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this subsection are made to a variety of types of institutions of higher education, including 2-year and minority-serving institutions of higher education. ``(5) Education research.-- ``(A) In general.--All grants made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. ``(B) Dissemination.--The Director of the Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. ``(6) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.''. SEC. 10. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. (a) Grants To Broaden Tribal College and University Student Participation in Computer Science.--Section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13) is amended by inserting after subsection (c) the following: ``(d) Grants To Broaden Tribal College and University Student Participation in Computer Science.-- ``(1) In general.--The Director, as part of the program authorized under this section, shall award grants on a competitive, merit-reviewed basis to eligible entities to increase the participation of tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem- solving, critical thinking, creativity and collaboration. ``(2) Purpose.--Grants awarded under this subsection shall support-- ``(A) research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities; ``(B) research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending tribal colleges and universities; ``(C) research, development and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities; and ``(D) other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director. ``(3) Partnerships.--A tribal college or university seeking a grant under this subsection, or a consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development. ``(4) Coordination.--In carrying out this subsection, the Director shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this subsection. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Director of the Foundation $2,000,000 in each of fiscal years 2022 through 2026 to carry out this subsection.''. (b) Evaluation.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall evaluate the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13), as amended. (2) Requirements.--In conducting the evaluation under paragraph (1), the Director of the National Science Foundation shall, as practicable-- (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research conducted pursuant to grants programs under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13); (B) include an assessment of the effectiveness of such grant programs in expanding access to high quality STEM education, research, and outreach at tribal colleges and universities, as applicable; (C) assess the number of students who participated in such grant programs; and (D) assess the percentage of students participating in such grant programs who successfully complete their education programs. (3) Report.--Not later than 180 days after the date on which the evaluation under paragraph (1) is completed, the Director of the National Science Foundation shall submit to Congress and make available to the public, a report on the results of the evaluation, including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010, as amended by subsection (a). SEC. 11. REPORT TO CONGRESS. Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes-- (1) a description and evaluation of the status and usage of policies implemented pursuant to section 3 at all Federal science agencies, including any recommendations for revising or expanding such policies; (2) with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants under section 5-- (A) what steps all Federal science agencies have taken to implement policies and practices to minimize such effects; (B) a description of any significant updates to the policies for review of Federal research grants required under such section; and (C) any evidence of the impact of such policies on the review or awarding of Federal research grants; and (3) a description and evaluation of the status of institution of higher education and Federal laboratory policies and practices required under section 7(a), including any recommendations for revising or expanding such policies. SEC. 12. MERIT REVIEW. Nothing in this Act shall be construed as altering any intellectual or broader impacts criteria at Federal science agencies for evaluating grant applications. SEC. 13. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 14. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Interagency working group on inclusion in stem.--The term ``interagency working group on inclusion in STEM'' means the interagency working group established by section 308 of the American Innovation and Competitiveness Act (42 U.S.C. 6626). (6) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics, including computer science. Passed the House of Representatives May 18, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 204 _______________________________________________________________________ AN ACT To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes.
H.R. 204 (Introduced in House) - STEM Opportunities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr204ih/html/BILLS-117hr204ih.htm	DOC 117th CONGRESS 1st Session H. R. 204 To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Ms. Johnson of Texas (for herself and Mr. Lucas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology _______________________________________________________________________ A BILL To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. (a) Short Title.--This Act may be cited as the ``STEM Opportunities Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Purposes. Sec. 3. Federal science agency policies for caregivers. Sec. 4. Collection and reporting of data on Federal research grants. Sec. 5. Policies for review of Federal research grants. Sec. 6. Collection of data on demographics of faculty. Sec. 7. Cultural and institutional barriers to expanding the academic and Federal STEM workforce. Sec. 8. Research and dissemination at the National Science Foundation. Sec. 9. Research and related activities to expand STEM opportunities. Sec. 10. Tribal Colleges and Universities Program. Sec. 11. Report to Congress. Sec. 12. Merit review. Sec. 13. Definitions. (c) Findings.--The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation's economic leadership and global competitiveness that the United States educates and trains more scientists and engineers. (2) Research shows that women and minorities who are interested in STEM careers are disproportionately lost at nearly every educational transition and at every career milestone. (3) The National Center for Science and Engineering Statistics at the National Science Foundation collects, compiles, analyzes, and publishes data on the demographics of STEM degrees and STEM jobs in the United States. (4) Women now earn nearly 37 percent of all STEM bachelor's degrees, but major variations persist among fields. In 2017, women earned only 20 percent of all bachelor's degrees awarded in engineering and 19 percent of bachelor's degrees awarded in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for nearly 60 percent of the projected annual growth of newly created STEM job openings from 2016 to 2026. (5) In 2017, underrepresented minority groups comprised 39 percent of the college-age population of the United States, but only 18 percent of students who earned bachelor's degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to approximately 33 percent of White students and 42 percent of Asian students who complete their degree within 5 years. (6) In some STEM fields, including the computer sciences, women persist at about the same rate through doctorate degrees. In other STEM fields, women persist through doctorate degrees at a lower rate. In mathematics, women earn just 26 percent of doctorate degrees compared with 42 percent of undergraduate degrees. Overall, women earned 38 percent of STEM doctorate degrees in 2016. The rate of minority students earning STEM doctorate degrees in physics is 9 percent, compared with 15 percent for bachelor's degrees. Students from underrepresented minority groups accounted for only 11.5 percent of STEM doctorate degrees awarded in 2016. (7) The representation of women in STEM drops significantly from the doctorate degree level to the faculty level. Overall, women hold only 26 percent of all tenured and tenure-track positions and 27 percent of full professor positions in STEM fields in our Nation's universities and 4-year colleges. Black and Hispanic faculty together hold about 6.8 percent of all tenured and tenure-track positions and 7.5 percent of full professor positions. Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the National Science Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed. (8) The representation of women is especially low at our Nation's top research universities. Even in the biological sciences, in which women now earn more than 50 percent of the doctorates and passed the 25 percent level 37 years ago, women make up only 25 percent of the full professors at the approximately 100 most research-intensive universities in the United States. In the physical sciences and mathematics, women make up only 11 percent of full professors, in computer sciences only 10 percent, and across engineering fields only 7 percent. The data suggest that approximately 6 percent of all tenure-track STEM faculty members at the most research- intensive universities are from underrepresented minority groups, but in some fields the numbers are too small to report publicly. (9) By 2050, underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor's degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy. (10) According to a 2014 Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands. (11) Female students and students from underrepresented minority groups at institutions of higher education who see few others ``like themselves'' among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM. (12) One in five children in the United States attend school in a rural community. The data shows that rural students are at a disadvantage with respect to STEM readiness. Among STEM-interested students, 17 percent of students in rural high schools and 18 percent of students in town-located high schools meet the ACT STEM Benchmark, compared with 33 percent of students in suburban high schools and 27 percent of students in urban high schools. (13) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women, minorities, and other groups historically underrepresented in STEM. (14) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (15) In 2012, the Office of Diversity and Equal Opportunity of the National Aeronautics and Space Administration (in this Act referred to as ``NASA'') completed a report that-- (A) is specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination; and (B) provides guidance that is usable by all institutions of higher education receiving significant Federal research funding on how to conduct meaningful self-evaluations of campus culture and policies. (16) The Federal Government provides 55 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging the entire talent pool of the United States. (2) To promote research on, and increase understanding of, the participation and trajectories of women, minorities, and other groups historically underrepresented in STEM studies and careers, including persons with disabilities, older learners, veterans, and rural, poor, and tribal populations, at institutions of higher education and Federal science agencies, including Federal laboratories. (3) To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers at all levels. (4) To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers. (5) To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields. SEC. 3. FEDERAL SCIENCE AGENCY POLICIES FOR CAREGIVERS. (a) OSTP Guidance.--Not later than 6 months after the date of enactment of this Act, the Director, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that-- (1) apply to all-- (A) research awards granted by such agency; and (B) principal investigators of such research who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and (2) provide-- (A) flexibility in timing for the initiation of approved research awards granted by such agency; (B) no-cost extensions of such research awards; (C) grant supplements, as appropriate, to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards; and (D) any other appropriate accommodations at the discretion of the director of each such agency. (b) Uniformity of Guidance.--In providing guidance under subsection (a), the Director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies. (c) Establishment of Policies.--Consistent with the guidance under subsection (a), Federal science agencies shall-- (1) maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and (2) broadly disseminate such policies to current and potential grantees. (d) Data on Usage.--Federal science agencies shall-- (1) collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and (2) report such data on an annual basis to the Director in such form as required by the Director. SEC. 4. COLLECTION AND REPORTING OF DATA ON FEDERAL RESEARCH GRANTS. (a) Collection of Data.-- (1) In general.--Each Federal science agency shall collect, as practicable, with respect to all applications for merit- reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency, the standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget. (2) Uniformity and standardization.--The Director, in consultation with the Director of the National Science Foundation, shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data.-- (A) Requirement.--Beginning not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director. (B) Previous data.--As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the date of such submission. (b) Reporting of Data.--The Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, and years since completion of doctoral degree, including in conjunction with the National Science Foundation's report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-516). SEC. 5. POLICIES FOR REVIEW OF FEDERAL RESEARCH GRANTS. (a) In General.--Each Federal science agency shall implement the policy recommendations with respect to reducing the impact of implicit bias at Federal science agencies and grantee institutions as developed by the Office of Science and Technology Policy in the 2016 report entitled ``Reducing the Impact of Bias in the STEM Workforce'' and any subsequent updates. (b) Pilot Activity.--In consultation with the National Science Foundation and consistent with policy recommendations referenced in subsection (a), each Federal science agency shall implement a 2-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to, and minimize the effects of, implicit bias in the review of extramural and intramural Federal research grants. (c) Establishment of Policies.--Drawing upon lessons learned from the pilot activity under subsection (b), each Federal science agency shall maintain or develop and implement evidence-based policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. (d) Assessment of Policies.--Federal science agencies shall regularly assess, and amend as necessary, the policies and practices implemented pursuant to subsection (c) to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. SEC. 6. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY. (a) Collection of Data.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from grantees on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education. (2) Considerations.--To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, and years since completion of doctoral degree-- (A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing Surveys.--The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)-- (1) take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or (2) award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account. (c) Reporting Data.--The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation's report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-516). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2021 through 2023 to develop and carry out the initial survey required under subsection (a). SEC. 7. CULTURAL AND INSTITUTIONAL BARRIERS TO EXPANDING THE ACADEMIC AND FEDERAL STEM WORKFORCE. (a) Best Practices at Institutions of Higher Education and Federal Laboratories.-- (1) Development of guidance.--Not later than 12 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall develop written guidance for institutions of higher education and Federal laboratories on the best practices for-- (A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, or advancement of women, racial and ethnic minorities, and other groups historically underrepresented in STEM studies and careers; and (B) providing educational opportunities, including workshops as described in subsection (b), for STEM faculty, research personnel, and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel. (2) Existing guidance.--In developing the guidance under paragraph (1), the Director shall utilize guidance already developed by Federal science agencies. (3) Dissemination of guidance.--Federal science agencies shall broadly disseminate the guidance developed under paragraph (1) to institutions of higher education that receive Federal research funding and Federal laboratories. (4) Establishment of policies.--Consistent with the guidance developed under paragraph (1)-- (A) the Director of the National Science Foundation shall develop a policy that-- (i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and (ii) requires each such institution, not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance developed under paragraph (1); and (B) each Federal science agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory. (b) Workshops To Address Cultural Barriers to Expanding the Academic and Federal STEM Workforce.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record, of academic and Federal STEM researchers. (2) Interagency coordination.--The Director shall, to the extent practicable, ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate. (3) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel. (4) Priority fields for academic participants.--In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or nonfaculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics. (5) Organizations eligible to carry out workshops.--A Federal science agency may carry out the program of workshops under this subsection by making grants to organizations made eligible by the Federal science agency and any of the following organizations: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women, minorities, or other groups historically underrepresented in STEM. (6) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant STEM discipline or disciplines from doctoral degree granting institutions that receive Federal research funding; and (ii) in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by different underrepresented groups, including minority women, minority men, persons from rural and underserved areas, persons with disabilities, gender and sexual minority individuals, and first generation graduates in research. (D) Workshop programs shall include information on best practices for mentoring undergraduate, graduate, and postdoctoral women, minorities, and other students from groups historically underrepresented in STEM. (7) Data on workshops.--Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will-- (A) collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees; (B) conduct attitudinal surveys on workshop attendees before and after the workshops; and (C) collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop. (8) Report to nsf.--Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director. (c) Report to Congress.--Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes-- (1) a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and (2) a description and evaluation of the status and effectiveness of the program of workshops required under subsection (b), including a summary of any data reported under paragraph (8) of such subsection. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $1,000,000 in each of fiscal years 2021 through 2025 to carry out this section. SEC. 8. RESEARCH AND DISSEMINATION AT THE NATIONAL SCIENCE FOUNDATION. (a) In General.--The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this Act, including-- (1) research grants to analyze the record-level data collected under section 4 and section 6, consistent with policies to ensure the privacy of individuals identifiable by such data; (2) research grants to study best practices for work-life accommodation; (3) research grants to study the impact of policies and practices that are implemented under this Act or that are otherwise consistent with the purposes of this Act; (4) collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and (5) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2021 through 2025 to carry out this section. SEC. 9. RESEARCH AND RELATED ACTIVITIES TO EXPAND STEM OPPORTUNITIES. (a) National Science Foundation Support for Increasing Diversity Among STEM Faculty at Institutions of Higher Education.--Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5) is amended-- (1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Support for Increasing Diversity Among STEM Faculty at Institutions of Higher Education.-- ``(1) In general.--The Director of the Foundation shall award grants to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. ``(2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. ``(3) Use of funds.--Activities supported by grants under this subsection may include-- ``(A) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; ``(B) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; ``(C) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; ``(D) development and hosting of intra- or inter- institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; ``(E) professional development opportunities for faculty members from underrepresented minority groups; ``(F) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; ``(G) activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and ``(H) other activities consistent with paragraph (1), as determined by the Director of the Foundation. ``(4) Selection process.-- ``(A) Application.--An institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of-- ``(i) the reform effort that is being proposed for implementation by the institution of higher education; ``(ii) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; ``(iii) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and ``(iv) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. ``(B) Review of applications.--In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum-- ``(i) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; ``(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; ``(iii) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and ``(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. ``(C) Grant distribution.--The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. ``(5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2021 through 2025.''. (b) National Science Foundation Support for Broadening Participation in Undergraduate STEM Education.--Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5), as amended by subsection (b), is further amended by inserting after subsection (e) the following: ``(f) Support for Broadening Participation in Undergraduate STEM Education.-- ``(1) In general.--The Director of the Foundation shall award grants to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields. ``(2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. ``(3) Use of funds.--Activities supported by grants under this subsection may include-- ``(A) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; ``(B) implementation or expansion of bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; ``(C) implementation or expansion of outreach programs linking institutions of higher education and K-12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; ``(D) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; ``(E) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; ``(F) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education; ``(G) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; ``(H) provision of stipends for students from underrepresented minority groups participating in research; ``(I) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions; ``(J) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and 2-year institutions of higher education; and ``(K) other activities consistent with paragraph (1), as determined by the Director of the Foundation. ``(4) Selection process.-- ``(A) Application.--An institution of higher education (or a consortia thereof) seeking a grant under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum-- ``(i) a description of the proposed reform effort; ``(ii) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; ``(iii) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; ``(iv) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and ``(v) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. ``(B) Review of applications.--In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum-- ``(i) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; ``(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; ``(iii) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and ``(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. ``(C) Grant distribution.--The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this subsection are made to a variety of types of institutions of higher education, including 2-year and minority-serving institutions of higher education. ``(5) Education research.-- ``(A) In general.--All grants made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. ``(B) Dissemination.--The Director of the Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. ``(6) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2021 through 2025.''. SEC. 10. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. (a) Grants To Broaden Tribal College and University Student Participation in Computer Science.--Section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13) is amended by inserting after subsection (c) the following: ``(d) Grants To Broaden Tribal College and University Student Participation in Computer Science.-- ``(1) In general.--The Director, as part of the program authorized under this section, shall award grants on a competitive, merit-reviewed basis to eligible entities to increase the participation of tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem- solving, critical thinking, creativity and collaboration. ``(2) Purpose.--Grants awarded under this subsection shall support-- ``(A) research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities; ``(B) research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending tribal colleges and universities; ``(C) research, development, and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities; and ``(D) other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director. ``(3) Partnerships.--A tribal college or university seeking a grant under this subsection, or a consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development. ``(4) Coordination.--In carrying out this subsection, the Director shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this subsection. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Director of the Foundation $2,000,000 in each of fiscal years 2021 through 2025 to carry out this subsection.''. (b) Evaluation.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall evaluate the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13), as amended. (2) Requirements.--In conducting the evaluation under paragraph (1), the Director of the National Science Foundation shall, as practicable-- (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research conducted pursuant to grants programs under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13); (B) include an assessment of the effectiveness of such grant programs in expanding access to high quality STEM education, research, and outreach at tribal colleges and universities, as applicable; (C) assess the number of students who participated in such grant programs; and (D) assess the percentage of students participating in such grant programs who successfully complete their education programs. (3) Report.--Not later than 180 days after the date on which the evaluation under paragraph (1) is completed, the Director of the National Science Foundation shall submit to Congress and make available to the public, a report on the results of the evaluation, including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010, as amended by subsection (a). SEC. 11. REPORT TO CONGRESS. Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes-- (1) a description and evaluation of the status and usage of policies implemented pursuant to section 3 at all Federal science agencies, including any recommendations for revising or expanding such policies; (2) with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants under section 5-- (A) what steps all Federal science agencies have taken to implement policies and practices to minimize such effects; (B) a description of any significant updates to the policies for review of Federal research grants required under such section; and (C) any evidence of the impact of such policies on the review or awarding of Federal research grants; and (3) a description and evaluation of the status of institution of higher education and Federal laboratory policies and practices required under section 7(a), including any recommendations for revising or expanding such policies. SEC. 12. MERIT REVIEW. Nothing in this Act shall be construed as altering any intellectual or broader impacts criteria at Federal science agencies for evaluating grant applications. SEC. 13. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Interagency working group on inclusion in stem.--The term ``interagency working group on inclusion in STEM'' means the interagency working group established by section 308 of the American Innovation and Competitiveness Act (42 U.S.C. 6626). (6) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics, including computer science. all
H.R. 204 (Referred in Senate) - STEM Opportunities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr204rfs/html/BILLS-117hr204rfs.htm	DOC 117th CONGRESS 1st Session H. R. 204 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 19, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To direct the Director of the Office of Science and Technology Policy to carry out programs and activities to ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging their entire talent pool, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. (a) Short Title.--This Act may be cited as the ``STEM Opportunities Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; findings. Sec. 2. Purposes. Sec. 3. Federal science agency policies for caregivers. Sec. 4. Collection and reporting of data on Federal research grants. Sec. 5. Policies for review of Federal research grants. Sec. 6. Collection of data on demographics of faculty. Sec. 7. Cultural and institutional barriers to expanding the academic and Federal STEM workforce. Sec. 8. Research and dissemination at the National Science Foundation. Sec. 9. Research and related activities to expand STEM opportunities. Sec. 10. Tribal Colleges and Universities Program. Sec. 11. Report to Congress. Sec. 12. Merit review. Sec. 13. Determination of budgetary effects. Sec. 14. Definitions. (c) Findings.--The Congress finds the following: (1) Many reports over the past decade have found that it is critical to our Nation's economic leadership and global competitiveness that the United States educates and trains more scientists and engineers. (2) Research shows that women and minorities who are interested in STEM careers are disproportionately lost at nearly every educational transition and at every career milestone. (3) The National Center for Science and Engineering Statistics at the National Science Foundation collects, compiles, analyzes, and publishes data on the demographics of STEM degrees and STEM jobs in the United States. (4) Women now earn nearly 37 percent of all STEM bachelor's degrees, but major variations persist among fields. In 2017, women earned only 20 percent of all bachelor's degrees awarded in engineering and 19 percent of bachelor's degrees awarded in computer sciences. Based on Bureau of Labor Statistics data, jobs in computing occupations are expected to account for nearly 60 percent of the projected annual growth of newly created STEM job openings from 2016 to 2026. (5) In 2017, underrepresented minority groups comprised 39 percent of the college-age population of the United States, but only 18 percent of students who earned bachelor's degrees in STEM fields. The Higher Education Research Institute at the University of California, Los Angeles, found that, while freshmen from underrepresented minority groups express an interest in pursuing a STEM undergraduate degree at the same rate as all other freshmen, only 22.1 percent of Latino students, 18.4 percent of African-American students, and 18.8 percent of Native American students studying in STEM fields complete their degree within 5 years, compared to approximately 33 percent of White students and 42 percent of Asian students who complete their degree within 5 years. (6) In some STEM fields, including the computer sciences, women persist at about the same rate through doctorate degrees. In other STEM fields, women persist through doctorate degrees at a lower rate. In mathematics, women earn just 26 percent of doctorate degrees compared with 42 percent of undergraduate degrees. Overall, women earned 38 percent of STEM doctorate degrees in 2016. The rate of minority students earning STEM doctorate degrees in physics is 9 percent, compared with 15 percent for bachelor's degree. Students from underrepresented minority groups accounted for only 11.5 percent of STEM doctorate degrees awarded in 2016. (7) The representation of women in STEM drops significantly from the doctorate degree level to the faculty level. Overall, women hold only 26 percent of all tenured and tenure-track positions and 27 percent of full professor positions in STEM fields in our Nation's universities and 4-year colleges. Black and Hispanic faculty together hold about 6.8 percent of all tenured and tenure-track positions and 7.5 percent of full professor positions. Many of the numbers in the American Indian or Alaskan Native and Native Hawaiian or Other Pacific Islander categories for different faculty ranks were too small for the National Science Foundation to report publicly without potentially compromising confidential information about the individuals being surveyed. (8) The representation of women is especially low at our Nation's top research universities. Even in the biological sciences, in which women now earn more than 50 percent of the doctorates and passed the 25 percent level 37 years ago, women make up only 25 percent of the full professors at the approximately 100 most research-intensive universities in the United States. In the physical sciences and mathematics, women make up only 11 percent of full professors, in computer sciences only 10 percent, and across engineering fields only 7 percent. The data suggest that approximately 6 percent of all tenure-track STEM faculty members at the most research- intensive universities are from underrepresented minority groups, but in some fields the numbers are too small to report publicly. (9) By 2050, underrepresented minorities will comprise 52 percent of the college-age population of the United States. If the percentage of female students and students from underrepresented minority groups earning bachelor's degrees in STEM fields does not significantly increase, the United States will face an acute shortfall in the overall number of students who earn degrees in STEM fields just as United States companies are increasingly seeking students with those skills. With this impending shortfall, the United States will almost certainly lose its competitive edge in the 21st century global economy. (10) According to a 2014 Association for Women in Science survey of over 4,000 scientists across the globe, 70 percent of whom were men, STEM researchers face significant challenges in work-life integration. Researchers in the United States were among the most likely to experience a conflict between work and their personal life at least weekly. One-third of researchers surveyed said that ensuring good work-life integration has negatively impacted their careers, and, of researchers intending to leave their current job within the next year, 9 percent indicated it was because they were unable to balance work and life demands. (11) Female students and students from underrepresented minority groups at institutions of higher education who see few others ``like themselves'' among faculty and student populations often do not experience the social integration that is necessary for success in all disciplines, including STEM. (12) One in five children in the United States attend school in a rural community. The data shows that rural students are at a disadvantage with respect to STEM readiness. Among STEM-interested students, 17 percent of students in rural high schools and 18 percent of students in town-located high schools meet the ACT STEM Benchmark, compared with 33 percent of students in suburban high schools and 27 percent of students in urban high schools. (13) A substantial body of evidence establishes that most people hold implicit biases. Decades of cognitive psychology research reveal that most people carry prejudices of which they are unaware but that nonetheless play a large role in evaluations of people and their work. Unintentional biases and outmoded institutional structures are hindering the access and advancement of women, minorities, and other groups historically underrepresented in STEM. (14) Workshops held to educate faculty about unintentional biases have demonstrated success in raising awareness of such biases. (15) In 2012, the Office of Diversity and Equal Opportunity of the National Aeronautics and Space Administration (in this Act referred to as ``NASA'') completed a report that-- (A) is specifically designed to help NASA grant recipients identify why the dearth of women in STEM fields continues and to ensure that it is not due to discrimination; and (B) provides guidance that is usable by all institutions of higher education receiving significant Federal research funding on how to conduct meaningful self-evaluations of campus culture and policies. (16) The Federal Government provides 55 percent of research funding at institutions of higher education and, through its grant-making policies, has had significant influence on institution of higher education policies, including policies related to institutional culture and structure. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To ensure that Federal science agencies and institutions of higher education receiving Federal research and development funding are fully engaging the entire talent pool of the United States. (2) To promote research on, and increase understanding of, the participation and trajectories of women, minorities, and other groups historically underrepresented in STEM studies and careers, including persons with disabilities, older learners, veterans, and rural, poor, and tribal populations, at institutions of higher education and Federal science agencies, including Federal laboratories. (3) To raise awareness within Federal science agencies, including Federal laboratories, and institutions of higher education about cultural and institutional barriers limiting the recruitment, retention, promotion, and other indicators of participation and achievement of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers at all levels. (4) To identify, disseminate, and implement best practices at Federal science agencies, including Federal laboratories, and at institutions of higher education to remove or reduce cultural and institutional barriers limiting the recruitment, retention, and success of women, minorities, and other groups historically underrepresented in academic and Government STEM research careers. (5) To provide grants to institutions of higher education to recruit, retain, and advance STEM faculty members from underrepresented minority groups and to implement or expand reforms in undergraduate STEM education in order to increase the number of students from underrepresented minority groups receiving degrees in these fields. SEC. 3. FEDERAL SCIENCE AGENCY POLICIES FOR CAREGIVERS. (a) OSTP Guidance.--Not later than 6 months after the date of enactment of this Act, the Director, in consultation with relevant agencies, shall provide guidance to each Federal science agency to establish policies that-- (1) apply to all-- (A) research awards granted by such agency; and (B) principal investigators of such research and their trainees, including postdoctoral researchers and graduate students, who have caregiving responsibilities, including care for a newborn or newly adopted child and care for an immediate family member who is sick or disabled; and (2) provide-- (A) flexibility in timing for the initiation of approved research awards granted by such agency; (B) no-cost extensions of such research awards; (C) grant supplements, as appropriate, to research awards for research technicians or equivalent positions to sustain research activities conducted under such awards; and (D) any other appropriate accommodations at the discretion of the director of each such agency. (b) Uniformity of Guidance.--In providing guidance under subsection (a), the Director shall encourage uniformity and consistency in the policies established pursuant to such guidance across all Federal science agencies. (c) Establishment of Policies.--Consistent with the guidance under subsection (a), Federal science agencies shall-- (1) maintain or develop and implement policies for individuals described in paragraph (1)(B) of such subsection; and (2) broadly disseminate such policies to current and potential grantees. (d) Data on Usage.--Federal science agencies shall-- (1) collect data on the usage of the policies under subsection (c), by gender, at both institutions of higher education and Federal laboratories; and (2) report such data on an annual basis to the Director in such form as required by the Director. SEC. 4. COLLECTION AND REPORTING OF DATA ON FEDERAL RESEARCH GRANTS. (a) Collection of Data.-- (1) In general.--Each Federal science agency shall collect, as practicable, with respect to all applications for merit- reviewed research and development grants to institutions of higher education and Federal laboratories supported by that agency, the standardized record-level annual information on demographics, primary field, award type, institution type, review rating, budget request, funding outcome, and awarded budget. (2) Uniformity and standardization.--The Director, in consultation with the Director of the National Science Foundation, shall establish a policy to ensure uniformity and standardization of the data collection required under paragraph (1). (3) Record-level data.-- (A) Requirement.--Beginning not later than 2 years after the date of the enactment of this Act, and on an annual basis thereafter, each Federal science agency shall submit to the Director of the National Science Foundation record-level data collected under paragraph (1) in the form required by such Director. (B) Previous data.--As part of the first submission under subparagraph (A), each Federal science agency, to the extent practicable, shall also submit comparable record-level data for the 5 years preceding the date of such submission. (b) Reporting of Data.--The Director of the National Science Foundation shall publish statistical summary data, as practicable, collected under this section, disaggregated and cross-tabulated by race, ethnicity, gender, and years since completion of doctoral degree, including in conjunction with the National Science Foundation's report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-516). SEC. 5. POLICIES FOR REVIEW OF FEDERAL RESEARCH GRANTS. (a) In General.--Each Federal science agency shall implement the policy recommendations with respect to reducing the impact of implicit bias at Federal science agencies and grantee institutions as developed by the Office of Science and Technology Policy in the 2016 report entitled ``Reducing the Impact of Bias in the STEM Workforce'' and any subsequent updates. (b) Pilot Activity.--In consultation with the National Science Foundation and consistent with policy recommendations referenced in subsection (a), each Federal science agency shall implement a 2-year pilot orientation activity for program officers and members of standing review committees to educate reviewers on research related to, and minimize the effects of, implicit bias in the review of extramural and intramural Federal research grants. (c) Establishment of Policies.--Drawing upon lessons learned from the pilot activity under subsection (b), each Federal science agency shall maintain or develop and implement evidence-based policies and practices to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. (d) Assessment of Policies.--Federal science agencies shall regularly assess, and amend as necessary, the policies and practices implemented pursuant to subsection (c) to ensure effective measures are in place to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants. SEC. 6. COLLECTION OF DATA ON DEMOGRAPHICS OF FACULTY. (a) Collection of Data.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, and at least every 5 years thereafter, the Director of the National Science Foundation shall carry out a survey to collect data from grantees on the demographics of STEM faculty, by broad fields of STEM, at different types of institutions of higher education. (2) Considerations.--To the extent practicable, the Director of the National Science Foundation shall consider, by gender, race, ethnicity, citizenship status, and years since completion of doctoral degree-- (A) the number and percentage of faculty; (B) the number and percentage of faculty at each rank; (C) the number and percentage of faculty who are in nontenure-track positions, including teaching and research; (D) the number and percentage of faculty who are reviewed for promotion, including tenure, and the percentage of that number who are promoted, including being awarded tenure; (E) faculty years in rank; (F) the number and percentage of faculty to leave tenure-track positions; (G) the number and percentage of faculty hired, by rank; and (H) the number and percentage of faculty in leadership positions. (b) Existing Surveys.--The Director of the National Science Foundation, may, in modifying or expanding existing Federal surveys of higher education (as necessary)-- (1) take into account the considerations under subsection (a)(2) by collaborating with statistical centers at other Federal agencies; or (2) award a grant or contract to an institution of higher education or other nonprofit organization to take such considerations into account. (c) Reporting Data.--The Director of the National Science Foundation shall publish statistical summary data collected under this section, including as part of the National Science Foundation's report required by section 37 of the Science and Technology Equal Opportunities Act (42 U.S.C. 1885d; Public Law 96-516). (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $3,000,000 in each of fiscal years 2022 through 2024 to develop and carry out the initial survey required under subsection (a). SEC. 7. CULTURAL AND INSTITUTIONAL BARRIERS TO EXPANDING THE ACADEMIC AND FEDERAL STEM WORKFORCE. (a) Best Practices at Institutions of Higher Education and Federal Laboratories.-- (1) Development of guidance.--Not later than 12 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall develop written guidance for institutions of higher education and Federal laboratories on the best practices for-- (A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying any cultural or institutional barriers to the recruitment, retention, or advancement of women, racial and ethnic minorities, and other groups historically underrepresented in STEM studies and careers; and (B) providing educational opportunities, including workshops as described in subsection (b), for STEM faculty, research personnel, and administrators to learn about current research on implicit bias in recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel. (2) Existing guidance.--In developing the guidance under paragraph (1), the Director shall utilize guidance already developed by Federal science agencies. (3) Dissemination of guidance.--Federal science agencies shall broadly disseminate the guidance developed under paragraph (1) to institutions of higher education that receive Federal research funding and Federal laboratories. (4) Establishment of policies.--Consistent with the guidance developed under paragraph (1)-- (A) the Director of the National Science Foundation shall develop a policy that-- (i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and (ii) requires each such institution, not later than 3 years after the date of enactment of this Act, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance developed under paragraph (1); and (B) each Federal science agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory. (b) Workshops To Address Cultural Barriers to Expanding the Academic and Federal STEM Workforce.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Director, in consultation with the interagency working group on inclusion in STEM, shall recommend a uniform policy for Federal science agencies to carry out a program of workshops that educate STEM department chairs at institutions of higher education, senior managers at Federal laboratories, and other federally funded researchers about methods that minimize the effects of implicit bias in the career advancement, including hiring, tenure, promotion, and selection for any honor based in part on the recipient's research record, of academic and Federal STEM researchers. (2) Interagency coordination.--The Director shall, to the extent practicable, ensure that workshops supported under this subsection are coordinated across Federal science agencies and jointly supported as appropriate. (3) Minimizing costs.--To the extent practicable, workshops shall be held in conjunction with national or regional STEM disciplinary meetings to minimize costs associated with participant travel. (4) Priority fields for academic participants.--In considering the participation of STEM department chairs and other academic researchers, the Director shall prioritize workshops for the broad fields of STEM in which the national rate of representation of women among tenured or tenure-track faculty or nonfaculty researchers at doctorate-granting institutions of higher education is less than 25 percent, according to the most recent data available from the National Center for Science and Engineering Statistics. (5) Organizations eligible to carry out workshops.--A Federal science agency may carry out the program of workshops under this subsection by making grants to organizations made eligible by the Federal science agency and any of the following organizations: (A) Nonprofit scientific and professional societies and organizations that represent one or more STEM disciplines. (B) Nonprofit organizations that have the primary mission of advancing the participation of women, minorities, or other groups historically underrepresented in STEM. (6) Characteristics of workshops.--The workshops shall have the following characteristics: (A) Invitees to workshops shall include at least-- (i) the chairs of departments in the relevant STEM discipline or disciplines from doctoral degree granting institutions that receive Federal research funding; and (ii) in the case of Federal laboratories, individuals with personnel management responsibilities comparable to those of an institution of higher education department chair. (B) Activities at the workshops shall include research presentations and interactive discussions or other activities that increase the awareness of the existence of implicit bias in recruitment, hiring, tenure review, promotion, and other forms of formal recognition of individual achievement for faculty and other federally funded STEM researchers and shall provide strategies to overcome such bias. (C) Research presentations and other workshop programs, as appropriate, shall include a discussion of the unique challenges faced by different underrepresented groups, including minority women, minority men, persons from rural and underserved areas, persons with disabilities, gender and sexual minority individuals, and first generation graduates in research. (D) Workshop programs shall include information on best practices for mentoring undergraduate, graduate, and postdoctoral women, minorities, and other students from groups historically underrepresented in STEM. (7) Data on workshops.--Any proposal for funding by an organization seeking to carry out a workshop under this subsection shall include a description of how such organization will-- (A) collect data on the rates of attendance by invitees in workshops, including information on the home institution and department of attendees, and the rank of faculty attendees; (B) conduct attitudinal surveys on workshop attendees before and after the workshops; and (C) collect follow-up data on any relevant institutional policy or practice changes reported by attendees not later than 1 year after attendance in such a workshop. (8) Report to nsf.--Organizations receiving funding to carry out workshops under this subsection shall report the data required in paragraph (7) to the Director of the National Science Foundation in such form as required by such Director. (c) Report to Congress.--Not later than 4 years after the date of enactment of this Act, the Director of the National Science Foundation shall submit a report to Congress that includes-- (1) a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (4) of such subsection; and (2) a description and evaluation of the status and effectiveness of the program of workshops required under subsection (b), including a summary of any data reported under paragraph (8) of such subsection. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $1,000,000 in each of fiscal years 2022 through 2026 to carry out this section. SEC. 8. RESEARCH AND DISSEMINATION AT THE NATIONAL SCIENCE FOUNDATION. (a) In General.--The Director of the National Science Foundation shall award research grants and carry out dissemination activities consistent with the purposes of this Act, including-- (1) research grants to analyze the record-level data collected under section 4 and section 6, consistent with policies to ensure the privacy of individuals identifiable by such data; (2) research grants to study best practices for work-life accommodation; (3) research grants to study the impact of policies and practices that are implemented under this Act or that are otherwise consistent with the purposes of this Act; (4) collaboration with other Federal science agencies and professional associations to exchange best practices, harmonize work-life accommodation policies and practices, and overcome common barriers to work-life accommodation; and (5) collaboration with institutions of higher education in order to clarify and catalyze the adoption of a coherent and consistent set of work-life accommodation policies and practices. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Science Foundation $5,000,000 in each of fiscal years 2022 through 2026 to carry out this section. SEC. 9. RESEARCH AND RELATED ACTIVITIES TO EXPAND STEM OPPORTUNITIES. (a) National Science Foundation Support for Increasing Diversity Among Stem Faculty at Institutions of Higher Education.--Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5) is amended-- (1) by redesignating subsections (e) and (f) as subsections (g) and (h), respectively; and (2) by inserting after subsection (d) the following: ``(e) Support for Increasing Diversity Among STEM Faculty at Institutions of Higher Education.-- ``(1) In general.--The Director of the Foundation shall award grants to institutions of higher education (or consortia thereof) for the development and assessment of innovative reform efforts designed to increase the recruitment, retention, and advancement of individuals from underrepresented minority groups in academic STEM careers. ``(2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. ``(3) Use of funds.--Activities supported by grants under this subsection may include-- ``(A) institutional assessment activities, such as data analyses and policy review, in order to identify and address specific issues in the recruitment, retention, and advancement of faculty members from underrepresented minority groups; ``(B) implementation of institution-wide improvements in workload distribution, such that faculty members from underrepresented minority groups are not disadvantaged in the amount of time available to focus on research, publishing papers, and engaging in other activities required to achieve tenure status and run a productive research program; ``(C) development and implementation of training courses for administrators and search committee members to ensure that candidates from underrepresented minority groups are not subject to implicit biases in the search and hiring process; ``(D) development and hosting of intra- or inter- institutional workshops to propagate best practices in recruiting, retaining, and advancing faculty members from underrepresented minority groups; ``(E) professional development opportunities for faculty members from underrepresented minority groups; ``(F) activities aimed at making undergraduate STEM students from underrepresented minority groups aware of opportunities for academic careers in STEM fields; ``(G) activities to identify and engage exceptional graduate students and postdoctoral researchers from underrepresented minority groups at various stages of their studies and to encourage them to enter academic careers; and ``(H) other activities consistent with paragraph (1), as determined by the Director of the Foundation. ``(4) Selection process.-- ``(A) Application.--An institution of higher education (or a consortium of such institutions) seeking funding under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum, a description of-- ``(i) the reform effort that is being proposed for implementation by the institution of higher education; ``(ii) any available evidence of specific difficulties in the recruitment, retention, and advancement of faculty members from underrepresented minority groups in STEM academic careers within the institution of higher education submitting an application, and how the proposed reform effort would address such issues; ``(iii) how the institution of higher education submitting an application plans to sustain the proposed reform effort beyond the duration of the grant; and ``(iv) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. ``(B) Review of applications.--In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum-- ``(i) the likelihood of success in undertaking the proposed reform effort at the institution of higher education submitting the application, including the extent to which the administrators of the institution are committed to making the proposed reform effort a priority; ``(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on the recruitment, retention, and advancement of faculty members from underrepresented minority groups; ``(iii) the likelihood that the institution of higher education will sustain or expand the proposed reform effort beyond the period of the grant; and ``(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. ``(C) Grant distribution.--The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this section are made to a variety of types of institutions of higher education. ``(5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $8,000,000 for each of fiscal years 2022 through 2026.''. (b) National Science Foundation Support for Broadening Participation in Undergraduate STEM Education.--Section 305 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-5), as amended by subsection (b), is further amended by inserting after subsection (e) the following: ``(f) Support for Broadening Participation in Undergraduate STEM Education.-- ``(1) In general.--The Director of the Foundation shall award grants to institutions of higher education (or a consortium of such institutions) to implement or expand research-based reforms in undergraduate STEM education for the purpose of recruiting and retaining students from minority groups who are underrepresented in STEM fields. ``(2) Merit review; competition.--Grants shall be awarded under this subsection on a merit-reviewed, competitive basis. ``(3) Use of funds.--Activities supported by grants under this subsection may include-- ``(A) implementation or expansion of innovative, research-based approaches to broaden participation of underrepresented minority groups in STEM fields; ``(B) implementation or expansion of bridge, cohort, tutoring, or mentoring programs, including those involving community colleges and technical schools, designed to enhance the recruitment and retention of students from underrepresented minority groups in STEM fields; ``(C) implementation or expansion of outreach programs linking institutions of higher education and K-12 school systems in order to heighten awareness among pre-college students from underrepresented minority groups of opportunities in college-level STEM fields and STEM careers; ``(D) implementation or expansion of faculty development programs focused on improving retention of undergraduate STEM students from underrepresented minority groups; ``(E) implementation or expansion of mechanisms designed to recognize and reward faculty members who demonstrate a commitment to increasing the participation of students from underrepresented minority groups in STEM fields; ``(F) expansion of successful reforms aimed at increasing the number of STEM students from underrepresented minority groups beyond a single course or group of courses to achieve reform within an entire academic unit, or expansion of successful reform efforts beyond a single academic unit or field to other STEM academic units or fields within an institution of higher education; ``(G) expansion of opportunities for students from underrepresented minority groups to conduct STEM research in industry, at Federal labs, and at international research institutions or research sites; ``(H) provision of stipends for students from underrepresented minority groups participating in research; ``(I) development of research collaborations between research-intensive universities and primarily undergraduate minority-serving institutions; ``(J) support for graduate students and postdoctoral fellows from underrepresented minority groups to participate in instructional or assessment activities at primarily undergraduate institutions, including primarily undergraduate minority-serving institutions and 2-year institutions of higher education; and ``(K) other activities consistent with paragraph (1), as determined by the Director of the Foundation. ``(4) Selection process.-- ``(A) Application.--An institution of higher education (or a consortia thereof) seeking a grant under this subsection shall submit an application to the Director of the Foundation at such time, in such manner, and containing such information and assurances as such Director may require. The application shall include, at a minimum-- ``(i) a description of the proposed reform effort; ``(ii) a description of the research findings that will serve as the basis for the proposed reform effort or, in the case of applications that propose an expansion of a previously implemented reform, a description of the previously implemented reform effort, including data about the recruitment, retention, and academic achievement of students from underrepresented minority groups; ``(iii) evidence of an institutional commitment to, and support for, the proposed reform effort, including a long-term commitment to implement successful strategies from the current reform beyond the academic unit or units included in the grant proposal; ``(iv) a description of existing or planned institutional policies and practices regarding faculty hiring, promotion, tenure, and teaching assignment that reward faculty contributions to improving the education of students from underrepresented minority groups in STEM; and ``(v) how the success and effectiveness of the proposed reform effort will be evaluated and assessed in order to contribute to the national knowledge base about models for catalyzing institutional change. ``(B) Review of applications.--In selecting grant recipients under this subsection, the Director of the Foundation shall consider, at a minimum-- ``(i) the likelihood of success of the proposed reform effort at the institution submitting the application, including the extent to which the faculty, staff, and administrators of the institution are committed to making the proposed institutional reform a priority of the participating academic unit or units; ``(ii) the degree to which the proposed reform effort will contribute to change in institutional culture and policy such that greater value is placed on faculty engagement in the retention of students from underrepresented minority groups; ``(iii) the likelihood that the institution will sustain or expand the proposed reform effort beyond the period of the grant; and ``(iv) the degree to which evaluation and assessment plans are included in the design of the proposed reform effort. ``(C) Grant distribution.--The Director of the Foundation shall ensure, to the extent practicable, that grants awarded under this subsection are made to a variety of types of institutions of higher education, including 2-year and minority-serving institutions of higher education. ``(5) Education research.-- ``(A) In general.--All grants made under this subsection shall include an education research component that will support the design and implementation of a system for data collection and evaluation of proposed reform efforts in order to build the knowledge base on promising models for increasing recruitment and retention of students from underrepresented minority groups in STEM education at the undergraduate level across a diverse set of institutions. ``(B) Dissemination.--The Director of the Foundation shall coordinate with relevant Federal agencies in disseminating the results of the research under this paragraph to ensure that best practices in broadening participation in STEM education at the undergraduate level are made readily available to all institutions of higher education, other Federal agencies that support STEM programs, non-Federal funders of STEM education, and the general public. ``(6) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2022 through 2026.''. SEC. 10. TRIBAL COLLEGES AND UNIVERSITIES PROGRAM. (a) Grants To Broaden Tribal College and University Student Participation in Computer Science.--Section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13) is amended by inserting after subsection (c) the following: ``(d) Grants To Broaden Tribal College and University Student Participation in Computer Science.-- ``(1) In general.--The Director, as part of the program authorized under this section, shall award grants on a competitive, merit-reviewed basis to eligible entities to increase the participation of tribal populations in computer science and computational thinking education programs to enable students to develop skills and competencies in coding, problem- solving, critical thinking, creativity and collaboration. ``(2) Purpose.--Grants awarded under this subsection shall support-- ``(A) research and development needed to bring computer science and computational thinking courses and degrees to tribal colleges and universities; ``(B) research and development of instructional materials needed to integrate computer science and computational thinking into programs that are culturally relevant to students attending tribal colleges and universities; ``(C) research, development and evaluation of distance education for computer science and computational thinking courses and degree programs for students attending tribal colleges and universities; and ``(D) other activities consistent with the activities described in paragraphs (1) through (4) of subsection (b), as determined by the Director. ``(3) Partnerships.--A tribal college or university seeking a grant under this subsection, or a consortia thereof, may partner with an institution of higher education or nonprofit organization with demonstrated expertise in academic program development. ``(4) Coordination.--In carrying out this subsection, the Director shall consult and cooperate with the programs and policies of other relevant Federal agencies to avoid duplication with and enhance the effectiveness of the program under this subsection. ``(5) Authorization of appropriations.--There are authorized to be appropriated to the Director of the Foundation $2,000,000 in each of fiscal years 2022 through 2026 to carry out this subsection.''. (b) Evaluation.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, the Director of the National Science Foundation shall evaluate the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13), as amended. (2) Requirements.--In conducting the evaluation under paragraph (1), the Director of the National Science Foundation shall, as practicable-- (A) use a common set of benchmarks and assessment tools to identify best practices and materials developed or demonstrated by the research conducted pursuant to grants programs under section 525 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-13); (B) include an assessment of the effectiveness of such grant programs in expanding access to high quality STEM education, research, and outreach at tribal colleges and universities, as applicable; (C) assess the number of students who participated in such grant programs; and (D) assess the percentage of students participating in such grant programs who successfully complete their education programs. (3) Report.--Not later than 180 days after the date on which the evaluation under paragraph (1) is completed, the Director of the National Science Foundation shall submit to Congress and make available to the public, a report on the results of the evaluation, including any recommendations for legislative action that could optimize the effectiveness of the grant program authorized under section 525 of the America COMPETES Reauthorization Act of 2010, as amended by subsection (a). SEC. 11. REPORT TO CONGRESS. Not later than 4 years after the date of enactment of this Act, the Director shall submit a report to Congress that includes-- (1) a description and evaluation of the status and usage of policies implemented pursuant to section 3 at all Federal science agencies, including any recommendations for revising or expanding such policies; (2) with respect to efforts to minimize the effects of implicit bias in the review of extramural and intramural Federal research grants under section 5-- (A) what steps all Federal science agencies have taken to implement policies and practices to minimize such effects; (B) a description of any significant updates to the policies for review of Federal research grants required under such section; and (C) any evidence of the impact of such policies on the review or awarding of Federal research grants; and (3) a description and evaluation of the status of institution of higher education and Federal laboratory policies and practices required under section 7(a), including any recommendations for revising or expanding such policies. SEC. 12. MERIT REVIEW. Nothing in this Act shall be construed as altering any intellectual or broader impacts criteria at Federal science agencies for evaluating grant applications. SEC. 13. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 14. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Federal science agency.--The term ``Federal science agency'' means any Federal agency with an annual extramural research expenditure of over $100,000,000. (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) Interagency working group on inclusion in stem.--The term ``interagency working group on inclusion in STEM'' means the interagency working group established by section 308 of the American Innovation and Competitiveness Act (42 U.S.C. 6626). (6) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics, including computer science. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 205 (Introduced in House) - Accelerating Broadband Connectivity Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr205ih/html/BILLS-117hr205ih.htm	DOC 117th CONGRESS 1st Session H. R. 205 To accelerate rural broadband deployment. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Kelly of Mississippi introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To accelerate rural broadband deployment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Broadband Connectivity Act of 2021''. SEC. 2. ACCELERATING BROADBAND CONNECTIVITY. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Federal Communications Commission; (2) the terms ``Phase I'' and ``Phase II'' mean Phase I and Phase II, respectively, of the Rural Digital Opportunity Fund auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Commission on January 30, 2020 (FCC 20-5); (3) the term ``qualified carrier'' means a terrestrial telecommunications carrier that receives support from the Rural Digital Opportunity Fund under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor regulations; and (4) the term ``Rural Digital Opportunity Fund support'' means support from the Rural Digital Opportunity Fund under subpart J of part 54 of title 47, Code of Federal Regulations, or any successor regulations. (b) Accelerating Broadband Connectivity Fund.--There is established in the Treasury of the United States a fund to be known as the ``Accelerating Broadband Connectivity Fund''. (c) Availability of Funds.--The Commission may use amounts in the Accelerating Broadband Connectivity Fund to provide support to qualified carriers in accordance with subsection (d). (d) Amount and Use of Funds.-- (1) In general.-- (A) Phase i support recipients.--The Commission shall make one-time funding offers to qualified carriers that receive Rural Digital Opportunity Fund support during Phase I, and that commit to meeting the conditions under paragraph (2), to accelerate the broadband deployment obligations assumed by those carriers with respect to that support. (B) Phase ii support recipients.--The Commission shall use any amounts in the Accelerating Broadband Connectivity Fund that are not otherwise committed under subparagraph (A) to make one-time funding offers to qualified carriers that receive Rural Digital Opportunity Fund support during Phase II, and that commit to meeting the conditions under paragraph (2), to accelerate the broadband deployment obligations assumed by those carriers with respect to that support. (2) Conditions.-- (A) In general.--A qualified carrier that receives amounts under paragraph (1) shall-- (i) begin construction of the broadband network for which the amounts are awarded not later than 180 days after the date on which the award under paragraph (1) is authorized; (ii) begin to make broadband service available from the broadband network deployed using Rural Digital Opportunity Fund support not later than 1 year after the date on which the award under paragraph (1) is authorized; and (iii) meet all buildout obligations from the Rural Digital Opportunity Fund support not later than 3 years after the date on which the award under paragraph (1) is authorized. (B) Force majeure.--The Commission shall adopt rules under subsection (f)(1) to provide for the extension of a deadline under subparagraph (A) of this paragraph if an event outside the control of a qualified carrier prevents the qualified carrier from meeting the deadline. (3) Amount of award.--The amount awarded to a qualified carrier under paragraph (1) shall be proportional to the amount of Rural Digital Opportunity Fund support received by the qualified carrier. (e) Documentation Required.--A qualified carrier that receives amounts under this section shall-- (1) maintain appropriate documentation demonstrating the use of the amounts; and (2) make the documentation described in paragraph (1) available upon request as prescribed by the Commission. (f) Expedited Rulemaking.-- (1) In general.--The Commission shall adopt rules to carry out this section as needed on an expedited basis. (2) Use of existing rules authorized.--To the extent the Commission determines necessary in the public interest, the Commission may rely on the rules under part 54 of title 47, Code of Federal Regulations, and funding distribution mechanisms established under those rules in administering funds made available under this section. (3) Administrative procedure act exemption.--The Commission shall adopt rules under paragraph (1) without regard to the notice and comment requirements under section 553 of title 5, United States Code. (4) Paperwork reduction act exemption.--A collection of information conducted or sponsored under this section shall not constitute a collection of information for the purposes of subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''). (g) Enforcement.-- (1) In general.--The Commission shall implement and enforce this section as if it were a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). (2) Unlawful funding application.-- (A) Offense.--It shall be unlawful for a person to willfully, knowingly, or recklessly seek funding under this section if doing so would violate-- (i) this section; or (ii) any rules of the Commission. (B) Forfeitures.--Any person who violates subparagraph (A) shall be subject to a forfeiture in an amount of not more than 3 times the amount of funds made available to the person under this section, in addition to any forfeiture authorized under section 503 of the Communications Act of 1934 (47 U.S.C. 503). (3) Audit and inquiry requirements.--The Commission shall adopt requirements, through the expedited rulemaking under subsection (f), to-- (A) ensure that a qualified carrier that receives amounts under this section complies with the requirements of this section; and (B) prevent waste, fraud, and abuse of the amounts distributed under this section. (h) Authorization of Appropriations.--There are authorized to be appropriated to the Accelerating Broadband Connectivity Fund $6,000,000,000 for purposes of this section. all
H.R. 206 (Introduced in House) - Paperwork Reduction for Farmers and H–2A Modernization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr206ih/html/BILLS-117hr206ih.htm	DOC 117th CONGRESS 1st Session H. R. 206 To streamline the application process for H-2A employers, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Kelly of Mississippi introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To streamline the application process for H-2A employers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paperwork Reduction for Farmers and H-2A Modernization Act''. SEC. 2. H-2A PROGRAM UPDATES. (a) In General.--Section 101(a)(15)(H) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended-- (1) by striking ``an alien (i)(b) subject to'' and inserting the following: ``an alien-- ``(i)(b) subject to''; (2) by striking ``or (ii)(a)'' and all that follows through ``seasonal nature,'' and inserting the following: ``(ii)(a) who has a residence in a foreign country that the alien has no intention of abandoning and is coming temporarily to the United States to perform agricultural labor or services (as defined by the Secretary of Labor, by regulation), of a temporary or seasonal nature, including agricultural labor (as defined in section 3121(g) of the Internal Revenue Act of 1986), agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f))), the pressing of apples for cider on a farm, fish cutting and trimming, including labor or services relating to landscaping and groundskeeping, forestry- and conservation-related services, services relating primarily to the cultivation, installation, and establishment of horticultural commodities (without regard to commodity source or location), labor as a year-round equine worker, labor as a year-round livestock worker (including as a dairy, cattle, or poultry worker), labor in aquaculture, and the processing of wild seafood, and all other labor that falls within Standard Occupational Classification Code 37-3000 (Grounds Maintenance Workers), 45-0000 (Farming, Fishing, and Forestry Occupations), or 45- 4000 (Forest, Conservation, and Logging Workers);''; and (3) by striking ``(iii) having a residence in a foreign country which he has no intention of abandoning who'' and inserting the following: ``(iii) who has a residence in a foreign country that the alien has no intention of abandoning and''. (b) Joint Application; Deficiency Remedy.--Section 214(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(1)) is amended-- (1) by inserting ``(A)'' after ``(1)''; and (2) by adding at the end the following: ``(B) Multiple employers may submit a joint petition under subparagraph (A) to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a). Upon the approval of such petition, each joint employer shall be subject to the provisions under section 218 with respect to each alien listed in such petition. If any individual party to such a joint contract violates any condition for approval with respect to the application or provisions under section 218 with respect to each alien listed in such petition, after notice and opportunity for a hearing, the contract may be modified to remove the party in violation from the contract at no penalty to the remaining parties. ``(C) If a petition to import aliens as nonimmigrants described in section 101(a)(15)(H)(ii)(a) is denied or if the issuance of visas requested through such petition is delayed due to a problem with the petition, the Director of U.S. Citizenship and Immigration Services shall promptly notify the petitioner of the reasons for such denial or delay and provide the petitioner with reasonable time to remedy the problem.''. (c) Labor Certification; Staggered Employment Dates.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)), as amended by section 3(b), is further amended by adding at the end the following: ``(4) An employer that is seeking to rehire aliens as H-2A workers who previously worked for the employer as H-2A workers may submit a simplified petition, to be developed by the Director of U.S. Citizenship and Immigration Services, in consultation with the Secretary of Labor, which shall include a certification that the employer maintains compliance with all applicable requirements with respect to the employment of such aliens. Such petitions shall be approved upon completion of applicable security screenings. ``(5) An employer that is seeking to hire aliens as H-2A workers during different time periods in a given fiscal year may submit a single petition to U.S. Citizenship and Immigration Services that details the time period during which each such alien is expected to be employed. ``(6) Upon receiving notification from an employer that the employer's H-2A worker has prematurely abandoned employment or has failed to appear for employment and such employer wishes to replace such worker-- ``(A) the Secretary of State shall promptly issue a visa under section 101(a)(15)(H)(ii)(a) to an eligible alien designated by the employer to replace that worker; and ``(B) the Secretary of Homeland Security shall promptly admit such alien into the United States upon completion of applicable security screenings.''. SEC. 3. ELECTRONIC FILING AND APPEALS SYSTEM FOR H-2A PETITIONS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor shall establish a process for filing petitions for nonimmigrant visas under section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) that ensures that-- (1) petitioners may file such petitions through the Department of Labor's website; (2) any software developed to process such petitions indicates to the petitioner any technical deficiency in the application before submission; and (3) any petitioner may file such petition in a paper format if such petitioner prefers such format. (b) Request for Evidence.--Section 218(h) of the Immigration and Nationality Act (8 U.S.C. 1188(h)) is amended by adding at the end the following: ``(3) If U.S. Citizenship and Immigration Services issues a Request for Evidence to an employer-- ``(A) the employer may request such Request for Evidence to be delivered in an online format; and ``(B) if the employer makes the request described in subparagraph (A)-- ``(i) the Request for Evidence shall be provided to the employer in an online format; and ``(ii) not later than 10 business days after the employer submits the requested evidence online, U.S. Citizenship and Immigration Services shall provide an online response to the employer-- ``(I) indicating that the submitted evidence is sufficient; or ``(II) explaining the reasons that such evidence is not sufficient and providing the employer with an opportunity to address any such deficiency.''. SEC. 4. SAFE HARBOR FROM PENALTIES FOR DOCUMENT FRAUD. Section 274C of the Immigration and Nationality Act (8 U.S.C. 1324c) is amended-- (1) by redesignating subsection (c) as subsection (g) and moving such subsection so that it appears immediately following subsection (f); and (2) by inserting after subsection (b) the following: ``(c) Safe Harbor.--Any employer who uses a third-party preparer to file an application for nonimmigrant visas for workers the employer intends to hire shall not be subject to civil or criminal penalties under this section for errors or omissions on such application if the employer reasonably believed that the application was accurate and in compliance with all applicable statutory requirements.''. all
"H.R. 207 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 215 1st Avenue in Amory, Mississippi, as the Command Sergeant Major 
Lawrence E. Rabbit Kennedy Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr207ih/html/BILLS-117hr207ih.htm	DOC 117th CONGRESS 1st Session H. R. 207 To designate the facility of the United States Postal Service located at 215 1st Avenue in Amory, Mississippi, as the ``Command Sergeant Major Lawrence E. `Rabbit' Kennedy Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Kelly of Mississippi introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 215 1st Avenue in Amory, Mississippi, as the ``Command Sergeant Major Lawrence E. `Rabbit' Kennedy Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COMMAND SERGEANT MAJOR LAWRENCE E. ``RABBIT'' KENNEDY POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 215 1st Avenue in Amory, Mississippi, shall be known and designated as the ``Command Sergeant Major Lawrence E. `Rabbit' Kennedy Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Command Sergeant Major Lawrence E. `Rabbit' Kennedy Post Office Building''. all
"H.R. 208 (Engrossed in House) -An Act To designate the facility of the United States Postal Service 
located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as 
the Colonel Carlyle Smitty Harris Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr208eh/html/BILLS-117hr208eh.htm	DOC 117th CONGRESS 1st Session H. R. 208 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COLONEL CARLYLE ``SMITTY'' HARRIS POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, shall be known and designated as the ``Colonel Carlyle `Smitty' Harris Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Colonel Carlyle `Smitty' Harris Post Office''. Passed the House of Representatives February 23, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 208 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''.
"H.R. 208 (Enrolled Bill) - An 
Act To designate the facility of the United States Postal Service 
located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as 
the Colonel Carlyle Smitty Harris Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr208enr/html/BILLS-117hr208enr.htm	H.R.208 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COLONEL CARLYLE ``SMITTY'' HARRIS POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, shall be known and designated as the ``Colonel Carlyle `Smitty' Harris Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Colonel Carlyle `Smitty' Harris Post Office''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
"H.R. 208 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the 
Colonel Carlyle Smitty Harris Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr208ih/html/BILLS-117hr208ih.htm	DOC 117th CONGRESS 1st Session H. R. 208 To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Kelly of Mississippi introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COLONEL CARLYLE ``SMITTY'' HARRIS POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, shall be known and designated as the ``Colonel Carlyle `Smitty' Harris Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Colonel Carlyle `Smitty' Harris Post Office''. all
"H.R. 208 (Referred in Senate) -An Act To designate the facility of the United States Postal Service 
located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as 
the Colonel Carlyle Smitty Harris Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr208rfs/html/BILLS-117hr208rfs.htm	DOC 117th CONGRESS 1st Session H. R. 208 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COLONEL CARLYLE ``SMITTY'' HARRIS POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, shall be known and designated as the ``Colonel Carlyle `Smitty' Harris Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Colonel Carlyle `Smitty' Harris Post Office''. Passed the House of Representatives February 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 208 (Reported in Senate) -An Act To designate the facility of the United States Postal Service 
located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as 
the Colonel Carlyle Smitty Harris Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr208rs/html/BILLS-117hr208rs.htm	DOC Calendar No. 36 117th CONGRESS 1st Session H. R. 208 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs April 14, 2021 Reported by Mr. Peters, without amendment _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COLONEL CARLYLE ``SMITTY'' HARRIS POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, shall be known and designated as the ``Colonel Carlyle `Smitty' Harris Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Colonel Carlyle `Smitty' Harris Post Office''. Calendar No. 36 117th CONGRESS 1st Session H. R. 208 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 500 West Main Street, Suite 102 in Tupelo, Mississippi, as the ``Colonel Carlyle `Smitty' Harris Post Office''. _______________________________________________________________________ April 14, 2021 Reported without amendment
H.R. 209 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 305 Highway 15 North in Pontotoc, Mississippi, as the Lance CorporalMarc Lucas Tucker Post Office Building.	https://www.govinfo.gov/content/pkg/BILLS-117hr209ih/html/BILLS-117hr209ih.htm	DOC 117th CONGRESS 1st Session H. R. 209 To designate the facility of the United States Postal Service located at 305 Highway 15 North in Pontotoc, Mississippi, as the ``Lance Corporal Marc Lucas Tucker Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Kelly of Mississippi (for himself, Mr. Guest, and Mr. Thompson of Mississippi) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 305 Highway 15 North in Pontotoc, Mississippi, as the ``Lance Corporal Marc Lucas Tucker Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LANCE CORPORAL MARC LUCAS TUCKER POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 305 Highway 15 North in Pontotoc, Mississippi, shall be known and designated as the ``Lance Corporal Marc Lucas Tucker Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lance Corporal Marc Lucas Tucker Post Office Building''. all
H.R. 210 (Engrossed in House) - Rural STEM Education Research Act	https://www.govinfo.gov/content/pkg/BILLS-117hr210eh/html/BILLS-117hr210eh.htm	DOC 117th CONGRESS 1st Session H. R. 210 _______________________________________________________________________ AN ACT To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural STEM Education Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (2) According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade. (3) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. (5) According to the National Center for Education Statistics, nine million students in the United States--nearly 20 percent of the total K-12 population--attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation's urban and suburban schools. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (7) The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, math, geology, computer science, and other scientific fields. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. To help meet this demand, it is important rural students have the opportunity to acquire computing skills through exposure to computer science learning in grades Pre-K through 12 and in informal learning settings. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States. SEC. 3. NIST ENGAGEMENT WITH RURAL COMMUNITIES. (a) MEP Outreach.--Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended-- (1) in subsection (c)-- (A) in paragraph (6), by striking ``community colleges and area career and technical education schools'' and inserting the following: ``secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (b) Rural Connectivity Prize Competition.-- (1) Prize competition.--Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the ``Secretary''), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. (2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. SEC. 4. NITR-D BROADBAND WORKING GROUP. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following: ``SEC. 103. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. ``(a) In General.--The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. ``(b) Activities.--The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including-- ``(1) promising research areas; ``(2) requirements for data collection and sharing; ``(3) opportunities for better alignment and coordination across Federal agencies and external stakeholders; and ``(4) input on the development of new Federal policies and programs to enhance data collection and research. ``(c) Coordination.--The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 (Public Law 115-334) and the National Institute of Food and Agriculture of the Department of Agriculture. ``(d) Report.--The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). ``(e) Sunset.--The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act.''. SEC. 5. NATIONAL ACADEMY OF SCIENCES EVALUATION. (a) Study.--Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that-- (1) evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in grades Pre-K through 12 and workforce development in rural areas; (2) assesses the impact of the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in grades Pre-K through 12 in rural areas; (3) assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; and (4) makes recommendations for action at the Federal, State, and local levels for improving STEM education for students in grades Pre-K through 12 and workforce development in rural areas. (b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. SEC. 6. GAO REVIEW. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes-- (1) an assessment of how Federal STEM education programs are serving rural populations; (2) a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas; (3) an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and (4) an assessment of challenges that state and Federal STEM education programs face in reaching rural population centers. SEC. 7. CAPACITY BUILDING THROUGH EPSCOR. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. SEC. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (a) Preparing Rural STEM Educators.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. (b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach; (iv) improving the National Science Foundation's Advanced Technology Education program's coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the cooperative research and extension services of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in grades Pre-K through 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and (x) any other activity the Director determines will accomplish the goals of this subsection. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following: (1) A description of the target population to be served by the research activity or activities for which such grant is sought. (2) A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) Partnerships.--In awarding grants under subsection (a) or (b), the Director shall-- (1) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in grades Pre-K through 12 in STEM; (2) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts; and (3) encourage applications which, for the purpose of the activity or activities funded through the grant, include commitments from school principals and administrators to making reforms and activities proposed by the applicant a priority. (e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (g) Report by Committee on Equal Opportunities in Science and Engineering.-- (1) In general.--As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include-- (A) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and (B) an assessment of trends in participation of rural students in grades Pre-K through 12 in Foundation activities, and an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goals of this Act. (2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026. SEC. 9. RESEARCHING OPPORTUNITIES FOR ONLINE EDUCATION. (a) In General.--The Director shall, subject to appropriations, award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research Areas.--The research areas eligible for funding under this subsection shall include-- (1) evaluating the learning and achievement of rural students in grades Pre-K through 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in grades Pre-K through 12; (3) combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this subsection. (c) Evaluations.--All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 10. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) STEM.--The term ``STEM'' has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note). (6) STEM education.--The term ``STEM education'' has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). Passed the House of Representatives May 18, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 210 _______________________________________________________________________ AN ACT To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes.
H.R. 210 (Introduced in House) - Rural STEM Education Research Act	https://www.govinfo.gov/content/pkg/BILLS-117hr210ih/html/BILLS-117hr210ih.htm	DOC 117th CONGRESS 1st Session H. R. 210 To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Lucas (for himself and Ms. Johnson of Texas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology _______________________________________________________________________ A BILL To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural STEM Education Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (2) According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade. (3) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. (5) According to the National Center for Education Statistics, nine million students in the United States--nearly 20 percent of the total K-12 population--attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation's urban and suburban schools. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (7) The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, math, geology, computer science, and other scientific fields. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. To help meet this demand, it is important rural students have the opportunity to acquire computing skills through exposure to computer science learning in grades Pre-K through 12 and in informal learning settings. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States. SEC. 3. NIST ENGAGEMENT WITH RURAL COMMUNITIES. (a) MEP Outreach.--Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended-- (1) in subsection (c)-- (A) in paragraph (6), by striking ``community colleges and area career and technical education schools'' and inserting the following: ``secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local collseges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (b) Rural Connectivity Prize Competition.-- (1) Prize competition.--Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the ``Secretary''), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. (2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. SEC. 4. NITR-D BROADBAND WORKING GROUP. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following: ``SEC. 103. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. ``(a) In General.--The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. ``(b) Activities.--The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including-- ``(1) promising research areas; ``(2) requirements for data collection and sharing; ``(3) opportunities for better alignment and coordination across Federal agencies and external stakeholders; and ``(4) input on the development of new Federal policies and programs to enhance data collection and research. ``(c) Coordination.--The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 (Public Law 115-334) and the National Institute of Food and Agriculture of the Department of Agriculture. ``(d) Report.--The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). ``(e) Sunset.--The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act.''. SEC. 5. NATIONAL ACADEMY OF SCIENCES EVALUATION. (a) Study.--Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that-- (1) evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in grades Pre-K through 12 and workforce development in rural areas; (2) assesses the impact of the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in grades Pre-K through 12 in rural areas; (3) assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; and (4) makes recommendations for action at the Federal, State, and local levels for improving STEM education for students in grades Pre-K through 12 and workforce development in rural areas. (b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. SEC. 6. GAO REVIEW. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes-- (1) an assessment of how Federal STEM education programs are serving rural populations; (2) a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas; (3) an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and (4) an assessment of challenges that state and Federal STEM education programs face in reaching rural population centers. SEC. 7. CAPACITY BUILDING THROUGH EPSCOR. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. SEC. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (a) Preparing Rural STEM Educators.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. (b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach; (iv) improving the National Science Foundation's Advanced Technology Education program's coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the cooperative research and extension services of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in grades Pre-K through 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and (x) any other activity the Director determines will accomplish the goals of this subsection. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following: (1) A description of the target population to be served by the research activity or activities for which such grant is sought. (2) A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) Partnerships.--In awarding grants under subsection (a) or (b), the Director shall-- (1) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in grades Pre-K through 12 in STEM; (2) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts; and (3) encourage applications which, for the purpose of the activity or activities funded through the grant, include commitments from school principals and administrators to making reforms and activities proposed by the applicant a priority. (e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (g) Report by Committee on Equal Opportunities in Science and Engineering.-- (1) In general.--As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include-- (A) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and (B) an assessment of trends in participation of rural students in grades Pre-K through 12 in Foundation activities, and an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goals of this Act. (2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026. SEC. 9. RESEARCHING OPPORTUNITIES FOR ONLINE EDUCATION. (a) In General.--The Director shall, subject to appropriations, award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research Areas.--The research areas eligible for funding under this subsection shall include-- (1) evaluating the learning and achievement of rural students in grades Pre-K through 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in grades Pre-K through 12; (3) combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this subsection. (c) Evaluations.--All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 10. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) STEM.--The term ``STEM'' has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note). (6) STEM education.--The term ``STEM education'' has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). all
H.R. 210 (Referred in Senate) - Rural STEM Education Research Act	https://www.govinfo.gov/content/pkg/BILLS-117hr210rfs/html/BILLS-117hr210rfs.htm	DOC 117th CONGRESS 1st Session H. R. 210 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 19, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To coordinate Federal research and development efforts focused on STEM education and workforce development in rural areas, including the development and application of new technologies to support and improve rural STEM education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural STEM Education Research Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The supply of STEM workers is not keeping pace with the rapidly evolving needs of the public and private sector, resulting in a deficit often referred to as a STEM skills shortage. (2) According to the Bureau of Labor Statistics, the United States will need one million additional STEM professionals than it is on track to produce in the coming decade. (3) Many STEM occupations offer higher wages, more opportunities for advancement, and a higher degree of job security than non-STEM jobs. (4) The 60,000,000 individuals in the United States who live in rural settings are significantly under-represented in STEM. (5) According to the National Center for Education Statistics, nine million students in the United States--nearly 20 percent of the total K-12 population--attend rural schools, and for reasons ranging from teacher quality to shortages of resources, these students often have fewer opportunities for high-quality STEM learning than their peers in the Nation's urban and suburban schools. (6) Rural areas represent one of the most promising, yet underutilized, opportunities for STEM education to impact workforce development and regional innovation, including agriculture. (7) The study of agriculture, food, and natural resources involves biology, engineering, physics, chemistry, math, geology, computer science, and other scientific fields. (8) Employment in computer and information technology occupations is projected to grow 11 percent from 2019 to 2029. To help meet this demand, it is important rural students have the opportunity to acquire computing skills through exposure to computer science learning in grades Pre-K through 12 and in informal learning settings. (9) More than 293,000,000 individuals in the United States use high-speed broadband to work, learn, access healthcare, and operate their businesses, while 19,000,000 individuals in the United States still lack access to high-speed broadband. Rural areas are hardest hit, with over 26 percent of individuals in rural areas in the United States lacking access to high-speed broadband compared to 1.7 percent of individuals in urban areas in the United States. SEC. 3. NIST ENGAGEMENT WITH RURAL COMMUNITIES. (a) MEP Outreach.--Section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k) is amended-- (1) in subsection (c)-- (A) in paragraph (6), by striking ``community colleges and area career and technical education schools'' and inserting the following: ``secondary schools (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)), community colleges, and area career and technical education schools, including those in underserved and rural communities,''; and (B) in paragraph (7)-- (i) by striking ``and local colleges'' and inserting the following: ``local high schools and local colleges, including those in underserved and rural communities,''; and (ii) by inserting ``or other applied learning opportunities'' after ``apprenticeships''; and (2) in subsection (d)(3) by striking ``, community colleges, and area career and technical education schools,'' and inserting the following: ``and local high schools, community colleges, and area career and technical education schools, including those in underserved and rural communities,''. (b) Rural Connectivity Prize Competition.-- (1) Prize competition.--Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology (referred to in this subsection as the ``Secretary''), shall, subject to appropriations, carry out a program to award prizes competitively to stimulate research and development of creative technologies in order to deploy affordable and reliable broadband connectivity to underserved rural communities. (2) Plan for deployment in rural communities.--Each proposal submitted pursuant to paragraph (1) shall include a plan for deployment of the technology that is the subject of such proposal in an underserved rural community. (3) Prize amount.--In carrying out the program under paragraph (1), the Secretary may award not more than a total of $5,000,000 to one or more winners of the prize competition. (4) Report.--Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the winning proposal of the prize competition. (5) Consultation.--In carrying out the program under subsection (a), the Secretary may consult with the heads of relevant departments and agencies of the Federal Government. SEC. 4. NITR-D BROADBAND WORKING GROUP. Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following: ``SEC. 103. BROADBAND RESEARCH AND DEVELOPMENT WORKING GROUP. ``(a) In General.--The Director shall establish a broadband research and development working group to address national research challenges and opportunities for improving broadband access and adoption across the United States. ``(b) Activities.--The working group shall identify and coordinate key research priorities for addressing broadband access and adoption, including-- ``(1) promising research areas; ``(2) requirements for data collection and sharing; ``(3) opportunities for better alignment and coordination across Federal agencies and external stakeholders; and ``(4) input on the development of new Federal policies and programs to enhance data collection and research. ``(c) Coordination.--The working group shall coordinate, as appropriate, with the Rural Broadband Integration Working Group established under section 6214 of the Agriculture Improvement Act of 2018 (Public Law 115-334) and the National Institute of Food and Agriculture of the Department of Agriculture. ``(d) Report.--The working group shall report to Congress on their activities as part of the annual report submitted under section 101(a)(2)(D). ``(e) Sunset.--The authority to carry out this section shall terminate on the date that is 5 years after the date of enactment of the Rural STEM Education Act.''. SEC. 5. NATIONAL ACADEMY OF SCIENCES EVALUATION. (a) Study.--Not later than 12 months after the date of enactment of this Act, the Director shall enter into an agreement with the National Academy of Sciences under which the National Academy agrees to conduct an evaluation and assessment that-- (1) evaluates the quality and quantity of current Federal programming and research directed at examining STEM education for students in grades Pre-K through 12 and workforce development in rural areas; (2) assesses the impact of the scarcity of broadband connectivity in rural communities has on STEM and technical literacy for students in grades Pre-K through 12 in rural areas; (3) assesses the core research and data needed to understand the challenges rural areas are facing in providing quality STEM education and workforce development; and (4) makes recommendations for action at the Federal, State, and local levels for improving STEM education for students in grades Pre-K through 12 and workforce development in rural areas. (b) Report to Director.--The agreement entered into under subsection (a) shall require the National Academy of Sciences, not later than 24 months after the date of enactment of this Act, to submit to the Director a report on the study conducted under such subsection, including the National Academy's findings and recommendations. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director to carry out this section $1,000,000 for fiscal year 2022. SEC. 6. GAO REVIEW. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study on the engagement of rural populations in Federal STEM programs and submit to Congress a report that includes-- (1) an assessment of how Federal STEM education programs are serving rural populations; (2) a description of initiatives carried out by Federal agencies that are targeted at supporting STEM education in rural areas; (3) an assessment of what is known about the impact and effectiveness of Federal investments in STEM education programs that are targeted to rural areas; and (4) an assessment of challenges that state and Federal STEM education programs face in reaching rural population centers. SEC. 7. CAPACITY BUILDING THROUGH EPSCOR. Section 517(f)(2) of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 1862p-9(f)(2)) is amended-- (1) in subparagraph (A), by striking ``and'' at the end; and (2) by adding at the end the following: ``(C) to increase the capacity of rural communities to provide quality STEM education and STEM workforce development programming to students, and teachers; and''. SEC. 8. NATIONAL SCIENCE FOUNDATION RURAL STEM RESEARCH ACTIVITIES. (a) Preparing Rural STEM Educators.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for research and development to advance innovative approaches to support and sustain high-quality STEM teaching in rural schools. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) engaging rural educators of students in grades Pre-K through 12 in professional learning opportunities to enhance STEM knowledge, including computer science, and develop best practices; (ii) supporting research on effective STEM teaching practices in rural settings, including the use of rubrics and mastery-based grading practices to assess student performance when employing the transdisciplinary teaching approach for STEM disciplines; (iii) designing and developing pre-service and in-service training resources to assist such rural educators in adopting transdisciplinary teaching practices across STEM courses; (iv) coordinating with local partners to adapt STEM teaching practices to leverage local natural and community assets in order to support in-place learning in rural areas; (v) providing hands-on training and research opportunities for rural educators described in clause (i) at Federal Laboratories, institutions of higher education, or in industry; (vi) developing training and best practices for educators who teach multiple grade levels within a STEM discipline; (vii) designing and implementing professional development courses and experiences, including mentoring, for rural educators described in clause (i) that combine face-to-face and online experiences; and (viii) any other activity the Director determines will accomplish the goals of this subsection. (B) Rural stem collaborative.--The Director may establish a pilot program of regional cohorts in rural areas that will provide peer support, mentoring, and hands-on research experiences for rural STEM educators of students in grades Pre-K through 12, in order to build an ecosystem of cooperation among educators, researchers, academia, and local industry. (b) Broadening Participation of Rural Students in STEM.-- (1) In general.--The Director shall provide grants on a merit-reviewed, competitive basis to institutions of higher education or nonprofit organizations (or a consortium thereof) for-- (A) research and development of programming to identify the barriers rural students face in accessing high-quality STEM education; and (B) development of innovative solutions to improve the participation and advancement of rural students in grades Pre-K through 12 in STEM studies. (2) Use of funds.-- (A) In general.--Grants awarded under this section shall be used for the research and development activities referred to in paragraph (1), which may include-- (i) developing partnerships with community colleges to offer advanced STEM course work, including computer science, to rural high school students; (ii) supporting research on effective STEM practices in rural settings; (iii) implementing a school-wide STEM approach; (iv) improving the National Science Foundation's Advanced Technology Education program's coordination and engagement with rural communities; (v) collaborating with existing community partners and networks, such as the cooperative research and extension services of the Department of Agriculture and youth serving organizations like 4-H, after school STEM programs, and summer STEM programs, to leverage community resources and develop place-based programming; (vi) connecting rural school districts and institutions of higher education, to improve precollegiate STEM education and engagement; (vii) supporting partnerships that offer hands-on inquiry-based science activities, including coding, and access to lab resources for students studying STEM in grades Pre-K through 12 in a rural area; (viii) evaluating the role of broadband connectivity and its associated impact on the STEM and technology literacy of rural students; (ix) building capacity to support extracurricular STEM programs in rural schools, including mentor-led engagement programs, STEM programs held during nonschool hours, STEM networks, makerspaces, coding activities, and competitions; and (x) any other activity the Director determines will accomplish the goals of this subsection. (c) Application.--An applicant seeking a grant under subsection (a) or (b) shall submit an application at such time, in such manner, and containing such information as the Director may require. The application may include the following: (1) A description of the target population to be served by the research activity or activities for which such grant is sought. (2) A description of the process for recruitment and selection of students, educators, or schools from rural areas to participate in such activity or activities. (3) A description of how such activity or activities may inform efforts to promote the engagement and achievement of rural students in grades Pre-K through 12 in STEM studies. (4) In the case of a proposal consisting of a partnership or partnerships with one or more rural schools and one or more researchers, a plan for establishing a sustained partnership that is jointly developed and managed, draws from the capacities of each partner, and is mutually beneficial. (d) Partnerships.--In awarding grants under subsection (a) or (b), the Director shall-- (1) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a nonprofit organization or an institution of higher education (or a consortium thereof) that has extensive experience and expertise in increasing the participation of rural students in grades Pre-K through 12 in STEM; (2) encourage applicants which, for the purpose of the activity or activities funded through the grant, include or partner with a consortium of rural schools or rural school districts; and (3) encourage applications which, for the purpose of the activity or activities funded through the grant, include commitments from school principals and administrators to making reforms and activities proposed by the applicant a priority. (e) Evaluations.--All proposals for grants under subsections (a) and (b) shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (f) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under subsections (a) and (b). Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate the findings of research resulting from the activity or activities funded through such grants with the findings of other research on rural student's pursuit of degrees or careers in STEM. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (g) Report by Committee on Equal Opportunities in Science and Engineering.-- (1) In general.--As part of the first report required by section 36(e) of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885c(e)) transmitted to Congress after the date of enactment of this Act, the Committee on Equal Opportunities in Science and Engineering shall include-- (A) a description of past and present policies and activities of the Foundation to encourage full participation of students in rural communities in science, mathematics, engineering, and computer science fields; and (B) an assessment of trends in participation of rural students in grades Pre-K through 12 in Foundation activities, and an assessment of the policies and activities of the Foundation, along with proposals for new strategies or the broadening of existing successful strategies towards facilitating the goals of this Act. (2) Technical correction.-- (A) In general.--Section 313 of the American Innovation and Competitiveness Act (Public Law 114-329) is amended by striking ``Section 204(e) of the National Science Foundation Authorization Act of 1988'' and inserting ``Section 36(e) of the Science and Engineering Equal Opportunities Act''. (B) Applicability.--The amendment made by paragraph (1) shall take effect as if included in the enactment of section 313 of the American Innovation and Competitiveness Act (Public Law 114-329). (h) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. (i) Authorization of Appropriations.--There are authorized to be appropriated to the Director-- (1) $8,000,000 to carry out the activities under subsection (a) for each of fiscal years 2022 through 2026; and (2) $12,000,000 to carry out the activities under subsection (b) for each of fiscal years 2022 through 2026. SEC. 9. RESEARCHING OPPORTUNITIES FOR ONLINE EDUCATION. (a) In General.--The Director shall, subject to appropriations, award competitive grants to institutions of higher education or nonprofit organizations (or a consortium thereof, which may include a private sector partner) to conduct research on online STEM education courses for rural communities. (b) Research Areas.--The research areas eligible for funding under this subsection shall include-- (1) evaluating the learning and achievement of rural students in grades Pre-K through 12 in STEM subjects; (2) understanding how computer-based and online professional development courses and mentor experiences can be integrated to meet the needs of educators of rural students in grades Pre-K through 12; (3) combining computer-based and online STEM education and training with apprenticeships, mentoring, or other applied learning arrangements; (4) leveraging online programs to supplement STEM studies for rural students that need physical and academic accommodation; and (5) any other activity the Director determines will accomplish the goals of this subsection. (c) Evaluations.--All proposals for grants under this section shall include an evaluation plan that includes the use of outcome oriented measures to assess the impact and efficacy of the grant. Each recipient of a grant under this section shall include results from these evaluative activities in annual and final projects. (d) Accountability and Dissemination.-- (1) Evaluation required.--The Director shall evaluate the portfolio of grants awarded under this section. Such evaluation shall-- (A) use a common set of benchmarks and tools to assess the results of research conducted under such grants and identify best practices; and (B) to the extent practicable, integrate findings from activities carried out pursuant to research conducted under this section, with respect to the pursuit of careers and degrees in STEM, with those activities carried our pursuant to other research on serving rural students and communities. (2) Report on evaluations.--Not later than 180 days after the completion of the evaluation under paragraph (1), the Director shall submit to Congress and make widely available to the public a report that includes-- (A) the results of the evaluation; and (B) any recommendations for administrative and legislative action that could optimize the effectiveness of the grants awarded under this section. (e) Coordination.--In carrying out this section, the Director shall, for purposes of enhancing program effectiveness and avoiding duplication of activities, consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies. SEC. 10. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (2) Federal laboratory.--The term ``Federal laboratory'' has the meaning given such term in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703). (3) Foundation.--The term ``Foundation'' means the National Science Foundation established under section 2 of the National Science Foundation Act of 1950 (42 U.S.C. 1861). (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (5) STEM.--The term ``STEM'' has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 (42 U.S.C. 6621 note). (6) STEM education.--The term ``STEM education'' has the meaning given the term in section 2 of the STEM Education Act of 2015 (42 U.S.C. 6621 note). Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 211 (Introduced in House) - Big Cat Public Safety Act	https://www.govinfo.gov/content/pkg/BILLS-117hr211ih/html/BILLS-117hr211ih.htm	DOC 117th CONGRESS 1st Session H. R. 211 To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. McClintock introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act''. SEC. 2. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.--Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 3. PROHIBITIONS. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``(1) through (3)'' and inserting ``(1) through (3) or subsection (e)''; and (2) by amending subsection (e) to read as follows: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to-- ``(A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing; ``(B) a State college, university, or agency, or a State-licensed veterinarian; ``(C) a wildlife sanctuary that cares for prohibited wildlife species, and-- ``(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; ``(ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals; and ``(iii) does not breed any prohibited wildlife species; ``(D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or ``(E) an entity or individual that is in possession of any prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and-- ``(i) not later than 180 days after the date of the enactment of the such Act, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service; and ``(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act.''. SEC. 4. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``(d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)(A), by inserting ``(e),'' after ``(d),''; (2) in paragraph (1)(B), by inserting ``(e),'' after ``(d),''; (3) in paragraph (2), by inserting ``(e),'' after ``(d),''; and (4) by adding at the end the following: ``(4) Any person who knowingly violates subsection (e) of section 3 shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense is deemed to have been committed in the district where the violation first occurred, and in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.''. SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting ``bred, possessed,'' before ``imported, exported,''. SEC. 6. ADMINISTRATION. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).''. SEC. 7. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
"H.R. 212 (Introduced in House)- COVID Preparedness, Response, and Effective Planning for Advanced 
Requirements by the Executive Branch Act of 2021"	https://www.govinfo.gov/content/pkg/BILLS-117hr212ih/html/BILLS-117hr212ih.htm	DOC 117th CONGRESS 1st Session H. R. 212 To require Federal agencies to submit plans for responding to the COVID-19 pandemic, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Schneider (for himself and Mr. Katko) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require Federal agencies to submit plans for responding to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID Preparedness, Response, and Effective Planning for Advanced Requirements by the Executive Branch Act of 2021'' or the ``COVID PREPARE Act of 2021''. SEC. 2. COVID-19 RESPONSE PLAN. (a) In General.--Not later than 30 days after the date of the enactment of this Act, the head of each agency shall submit to Congress an initial report detailing an action plan, informed by research and best practices learned from the onset of COVID-19, previous pandemics, and health emergencies, for addressing the needs and mitigating and eliminating the risks and challenges associated with the COVID-19 pandemic and the deployment of COVID-19 vaccines, that includes-- (1) agency priorities for preparing for and responding to the COVID-19 pandemic, including continuity of operations and fulfilling the mission of the agency and agency priorities related to the deployment of COVID-19 vaccines; (2) measurable goals specific to priorities and a time line for addressing each priority; (3) anticipated challenges to addressing priorities and how the agency will address such challenges; (4) how the agency will consult with Congress, the public, State and municipal governments, and relevant stakeholders while working remotely; (5) how the agency plans to issue relevant guidance to entities under the jurisdiction of the agency; and (6) any resources the agency needs from Congress. (b) Subsequent Reports.--Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter until the President ends the declared emergency, the head of each agency shall submit to Congress a report that provides an update of the details submitted in the plan under subsection (a), including-- (1) the status of each priority; (2) an explanation for any goal that has not been met within the specified time frame; and (3) any changes or updates to the plan. (c) Definitions.--In this section: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 213 (Introduced in House) - Local Solutions to End Homelessness Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr213ih/html/BILLS-117hr213ih.htm	DOC 117th CONGRESS 1st Session H. R. 213 To modify the minimum allocation requirement for the emergency solutions grants program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Sires introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To modify the minimum allocation requirement for the emergency solutions grants program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Solutions to End Homelessness Act of 2021''. SEC. 2. MINIMUM ALLOCATION REQUIREMENT FOR EMERGENCY SOLUTIONS GRANTS PROGRAM. Section 414(b) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11373(b)) is amended to read as follows: ``(b) Minimum Allocation Requirement.-- ``(1) In general.--If, under the allocation provisions applicable under this subtitle, a metropolitan city or an urban county would receive a grant of less than .05 percent of the amounts appropriated under section 408 and made available to carry out this subtitle for any fiscal year, such amount shall be reallocated to the State in which the metropolitan city or urban county, as applicable, is located, except that-- ``(A) in the case of the metropolitan city, such amount shall be reallocated to the urban county in which the metropolitan city is located, if the urban county-- ``(i) has previously received and administered assistance under this section; and ``(ii) agrees to receive such amount; and ``(B) in the case of the urban county, such amount shall be provided to the urban county if the urban county has previously received and administered assistance under this section. ``(2) Exception.--Notwithstanding paragraph (1), a metropolitan city shall receive the grant amount described such paragraph if the metropolitan city-- ``(A) is located in a State that does not have counties as local governments; ``(B) has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation; and ``(C) was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987. ``(3) Amounts reallocated to urban counties.--An urban county that receives amounts reallocated under paragraph (1)(A) shall expend those amounts for the benefit of metropolitan cities located in the urban county.''. all
H.R. 214 (Introduced in House) - Daylight Act	https://www.govinfo.gov/content/pkg/BILLS-117hr214ih/html/BILLS-117hr214ih.htm	DOC 117th CONGRESS 1st Session H. R. 214 To allow States to elect to observe daylight savings time for the duration of the year, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Stewart introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To allow States to elect to observe daylight savings time for the duration of the year, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Daylight Act''. SEC. 2. OPTIONAL YEAR-LONG APPLICATION OF DAYLIGHT SAVINGS TIME. Section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a) is amended-- (1) by inserting ``or may by law apply the advancement of time described in this section for the duration of the year,'' after ``may by law exempt itself from the provisions of this subsection providing for the advancement of time,''; (2) by striking ``the standard time otherwise applicable during that period'' and inserting ``the same standard time''; (3) by striking ``may by law exempt either the entire State as provided in (1) or'' and inserting ``, by law, may apply either standard time provided for in paragraph (1) to the entire State,''; and (4) by inserting ``, or may apply the advancement of time for the duration of the year to the entire area of the State lying within any time zone'' before the period at the end. all
H.R. 215 (Introduced in House) - Victims' Voice and Transparency Act	https://www.govinfo.gov/content/pkg/BILLS-117hr215ih/html/BILLS-117hr215ih.htm	DOC 117th CONGRESS 1st Session H. R. 215 To amend the Congressional Accountability Act of 1995 to prohibit the imposition of a nondisclosure agreement as a condition of the payment of any award or settlement in connection with a violation of such Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Mr. Stewart introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Congressional Accountability Act of 1995 to prohibit the imposition of a nondisclosure agreement as a condition of the payment of any award or settlement in connection with a violation of such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims' Voice and Transparency Act''. SEC. 2. PROHIBITING IMPOSITION OF NONDISCLOSURE AGREEMENT AS CONDITION OF AWARD OR SETTLEMENT UNDER CONGRESSIONAL ACCOUNTABILITY ACT OF 1995. (a) Prohibition.--Section 401 of the Congressional Accountability Act of 1995 (2 U.S.C. 1401) is amended by adding at the end the following new subsection: ``(h) Prohibiting Imposition of Nondisclosure Agreements.--A nondisclosure agreement may not be imposed on any party as a condition of the payment of any award or settlement in connection with a violation of part A of title II.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to awards and settlements paid in connection with the Congressional Accountability Act of 1995 on or after the date of the enactment of this Act. all
H.R. 216 (Introduced in House) - To designate a peak in the State of Nevada as Maude Frazier Mountain, and for other purposes.	https://www.govinfo.gov/content/pkg/BILLS-117hr216ih/html/BILLS-117hr216ih.htm	"DOC 117th CONGRESS 1st Session H. R. 216 To designate a peak in the State of Nevada as Maude Frazier Mountain, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 5, 2021 Ms. Titus introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To designate a peak in the State of Nevada as Maude Frazier Mountain, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF MAUDE FRAZIER MOUNTAIN IN THE STATE OF NEVADA. (a) In General.--The peak of Frenchman Mountain located at latitude 3610'45"" N, by longitude 11459'52"" W in the State of Nevada shall be known and designated as ``Maude Frazier Mountain''. (b) References.--Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak referred to in subsection (a) shall be deemed to be a reference to ``Maude Frazier Mountain''. all"
H.R. 217 (Introduced in House) - Improving Confidence in Veterans’ Care Act	https://www.govinfo.gov/content/pkg/BILLS-117hr217ih/html/BILLS-117hr217ih.htm	DOC 117th CONGRESS 1st Session H. R. 217 To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enforce the licensure requirement for medical providers of the Department of Veterans Affairs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Cloud (for himself, Mr. Allen, Mr. Steube, Mr. Davidson, Mr. Bergman, Mr. Palmer, Mr. Rutherford, and Mr. Baird) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enforce the licensure requirement for medical providers of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Confidence in Veterans' Care Act''. SEC. 2. COMPLIANCE WITH REQUIREMENTS FOR EXAMINING QUALIFICATIONS AND CLINICAL ABILITIES OF DEPARTMENT OF VETERANS AFFAIRS HEALTH CARE PROFESSIONALS. (a) In General.--Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals ``(a) Compliance With Credentialing Requirements.--The Secretary shall ensure that each medical center of the Department, in a consistent manner-- ``(1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum-- ``(A) the professional licensure, certification, or registration of the health care professional; ``(B) whether the health care professional holds a Drug Enforcement Administration registration; and ``(C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and ``(2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. ``(b) Registration Regarding Controlled Substances.--(1) Except as provided by paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. ``(2) The Secretary shall-- ``(A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act (21 U.S.C. 823) with respect to covered health care professionals; and ``(B) establish a process for medical centers to request such waivers. ``(3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than 7 days after such change in status. ``(4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: ``(A) Obtain a waiver pursuant to paragraph (2). ``(B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. ``(C) Take adverse actions under subchapter V of this chapter, with respect to an employee of the Department, or terminate the services of a contractor, with respect to a contractor of the Department. ``(c) Reviews of Concerns Relating to Quality of Clinical Care.-- (1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out-- ``(A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and ``(B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of the health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. ``(2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to-- ``(A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and ``(B) ensuring the compliance of each medical center with such policy. ``(d) Compliance With Requirements for Reporting Quality of Care Concerns.--When the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former such health care professional), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: ``(1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. ``(2) The Drug Enforcement Administration. ``(3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.). ``(4) Any other relevant entity. ``(e) Prohibition on Certain Settlement Agreement Terms.--(1) Except as provided by paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. ``(2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. ``(f) Training.--Not less frequently than biannually, the Secretary shall provide mandatory training to employees of each medical center of the Department who are responsible for any of the following activities: ``(1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. ``(2) Reviewing the quality of clinical care delivered by health care professionals of the Department. ``(3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. ``(4) Making notifications under subsection (d). ``(g) Definitions.--In this section: ``(1) The term `controlled substance' has the meaning given that term in section 102 of the Controlled Substances Act (21 U.S.C. 802). ``(2) The term `covered health care professional' means a person employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the person to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. ``(3) The term `Drug Enforcement Administration registration' means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act (21 U.S.C. 823) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. ``(4) The term `health care professional of the Department' means the professionals described in section 1730C(b) of this title, and includes a contractor of the Department serving as such a professional.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7413 the following new item: ``7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals.''. (c) Deadline for Implementation.--The Secretary of Veterans Affairs shall commence the implementation of section 7414 of title 38, United States Code, as added by subsection (a), by the following dates: (1) With respect to subsections (a), (c)(2), (d), and (f), not later than 180 days after the date of the enactment of this Act. (2) With respect to subsection (c)(1), not later than 1 year after the date of the enactment of this Act. (3) With respect to subsection (b)(2), not later than 18 months after the date of the enactment of this Act. (d) Audits and Reports.-- (1) Audits.--The Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). In carrying out such audits, the Secretary-- (A) may not authorize the medical center being audited to conduct the audit; and (B) may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits. (2) Reports.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the audits conducted under paragraph (1). Each such report shall include a summary of the compliance by each medical center with the matters required by such section 7414. (3) Initial report.--The Secretary shall include in the first report submitted under paragraph (2) the following: (A) A description of the progress made by the Secretary in implementing such section 7414, including any matters under such section that the Secretary has not fully implemented. (B) An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Department to be trained by an outside entity and to maintain a credentialing certification. all
H.R. 218 (Introduced in House) - Saving America’s Energy Future Act	https://www.govinfo.gov/content/pkg/BILLS-117hr218ih/html/BILLS-117hr218ih.htm	DOC 117th CONGRESS 1st Session H. R. 218 To prohibit the Secretary of the Interior and the Secretary of Agriculture from issuing moratoriums on issuing new oil and gas leases and drill permits on certain Federal lands. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Pfluger (for himself, Mr. Tony Gonzales of Texas, Mrs. Bice of Oklahoma, Mr. Jackson, Ms. Herrell, Mr. Babin, Mr. Roy, Mr. Crenshaw, Mr. Fallon, and Mr. Arrington) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit the Secretary of the Interior and the Secretary of Agriculture from issuing moratoriums on issuing new oil and gas leases and drill permits on certain Federal lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving America's Energy Future Act''. SEC. 2. PROHIBITION ON MORATORIUMS OF NEW OIL AND GAS LEASES ON CERTAIN FEDERAL LANDS. (a) Prohibition.--The Secretary concerned may not issue a moratorium on issuing new oil and gas leases and drill permits, nor renewals of such permits, on Federal lands under such Secretary's jurisdiction. (b) Definitions.--The term ``Secretary concerned'' means-- (1) the Secretary of Agriculture, with respect to National Forest System lands; and (2) the Secretary of the Interior, with respect to public lands administered by such Secretary. all
H.R. 219 (Introduced in House) - Earth Act	https://www.govinfo.gov/content/pkg/BILLS-117hr219ih/html/BILLS-117hr219ih.htm	DOC 117th CONGRESS 1st Session H. R. 219 To amend the Trade Act of 1974 to exclude from eligibility for the generalized system of preferences any country that fails to effectively enforce its environmental laws or meet its international environmental obligations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Doggett introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Trade Act of 1974 to exclude from eligibility for the generalized system of preferences any country that fails to effectively enforce its environmental laws or meet its international environmental obligations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Earth Act''. SEC. 2. COMPLIANCE WITH ENVIRONMENTAL LAWS AND REGULATIONS. Section 502 of the Trade Act of 1974 (19 U.S.C. 2462) is amended-- (1) in subsection (b)(2)-- (A) by inserting after subparagraph (H) the following new subparagraph: ``(I) Such country fails to effectively enforce its environmental laws, regulations, or other measures, or to fulfill its international environmental obligations, including as such obligations relate to public health.''; and (B) in the matter following subparagraph (I) (as added by subparagraph (A))-- (i) by striking ``and (H)'' and inserting ``(H)''; and (ii) by striking ``shall not prevent'' and inserting ``, and (I) shall not prevent''; and (2) in subsection (c)-- (A) in paragraph (6)(B), by striking ``and'' at the end; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(8) the extent to which such country effectively enforces its environmental laws, regulations, and other measures, and fulfills its international environmental obligations, including as such obligations relate to public health.''. all
H.R. 21 (Engrossed in House) - Federal Risk and Authorization Management Program Authorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr21eh/html/BILLS-117hr21eh.htm	DOC 117th CONGRESS 1st Session H. R. 21 _______________________________________________________________________ AN ACT To enhance the innovation, security, and availability of cloud computing products and services used in the Federal Government by establishing the Federal Risk and Authorization Management Program within the General Services Administration and by establishing a risk management, authorization, and continuous monitoring process to enable the Federal Government to leverage cloud computing products and services using a risk-based approach consistent with the Federal Information Security Modernization Act of 2014 and cloud-based operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Risk and Authorization Management Program Authorization Act of 2021'' or the ``FedRAMP Authorization Act''. SEC. 2. CODIFICATION OF THE FEDRAMP PROGRAM. (a) Amendment.--Chapter 36 of title 44, United States Code, is amended by adding at the end the following new sections: ``Sec. 3607. Federal Risk and Authorization Management Program ``(a) Establishment.--There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator of General Services, in accordance with section 3612, shall establish a governmentwide program that provides the authoritative standardized approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. ``(b) Components of FedRAMP.--The Joint Authorization Board and the FedRAMP Program Management Office are established as components of FedRAMP. ``Sec. 3608. FedRAMP Program Management Office ``(a) GSA Duties.-- ``(1) Roles and responsibilities.--The Administrator of General Services shall-- ``(A) determine the categories and characteristics of cloud computing products and services that are within the jurisdiction of FedRAMP and that require a FedRAMP authorization or a FedRAMP provisional authorization; ``(B) develop, coordinate, and implement a process for the FedRAMP Program Management Office, the Joint Authorization Board, and agencies to review security assessments of cloud computing products and services pursuant to subsections (b) and (c) of section 3611, and appropriate oversight of continuous monitoring of cloud computing products and services; and ``(C) ensure the continuous improvement of FedRAMP. ``(2) Implementation.--The Administrator shall oversee the implementation of FedRAMP, including-- ``(A) appointing a Program Director to oversee the FedRAMP Program Management Office; ``(B) hiring professional staff as may be necessary for the effective operation of the FedRAMP Program Management Office, and such other activities as are essential to properly perform critical functions; ``(C) entering into interagency agreements to detail personnel on a reimbursable or non-reimbursable basis to assist the FedRAMP Program Management Office and the Joint Authorization Board in discharging the responsibilities of the Office under this section; and ``(D) such other actions as the Administrator may determine necessary to carry out this section. ``(b) Duties.--The FedRAMP Program Management Office shall have the following duties: ``(1) Provide guidance to independent assessment organizations, validate the independent assessments, and apply the requirements and guidelines adopted in section 3609(c)(5). ``(2) Oversee and issue guidelines regarding the necessary requirements for accreditation of third-party organizations seeking to be awarded accreditation as independent assessment organizations, including qualifications, roles, and responsibilities of independent assessment organizations. ``(3) Develop templates and other materials to support the Joint Authorization Board and agencies in the authorization of cloud computing products and services to increase the speed, effectiveness, and transparency of the authorization process, consistent with standards defined by the National Institute of Standards and Technology. ``(4) Establish and maintain a public comment process for proposed guidance before the issuance of such guidance by FedRAMP. ``(5) Review any authorization to operate issued by an agency to determine if the authorization meets the requirements and guidelines adopted in section 3609(c)(5). ``(6) Establish frameworks for agencies to use authorization packages processed by the FedRAMP Program Management Office and Joint Authorization Board. ``(7) Coordinate with the Secretary of Defense and the Secretary of Homeland Security to establish a framework for continuous monitoring under section 3553 and agency reports required under section 3554. ``(8) Establish a centralized and secure repository to collect and share necessary data, including security authorization packages, from the Joint Authorization Board and agencies to enable better sharing and reuse of such packages across agencies. ``(c) Evaluation of Automation Procedures.-- ``(1) In general.--The FedRAMP Program Management Office shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations and FedRAMP provisional authorizations, including continuous monitoring of cloud computing products and services. ``(2) Means for automation.--Not later than 1 year after the date of the enactment of this section, and updated annually thereafter, the FedRAMP Program Management Office shall establish a means for the automation of security assessments and reviews. ``(d) Metrics for Authorization.--The FedRAMP Program Management Office shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. ``Sec. 3609. Joint Authorization Board ``(a) Establishment.--The Joint Authorization Board shall consist of cloud computing experts, appointed by the Director in consultation with the Administrator, from each of the following: ``(1) The Department of Defense. ``(2) The Department of Homeland Security. ``(3) The General Services Administration. ``(4) Such other agencies as determined by the Director, in consultation with the Administrator. ``(b) Issuance of FedRAMP Provisional Authorizations.--The Joint Authorization Board shall conduct security assessments of cloud computing products and services and issue FedRAMP provisional authorizations to cloud service providers that meet the requirements and guidelines established in subsection (c)(5). ``(c) Duties.--The Joint Authorization Board shall-- ``(1) develop and make publicly available on a website, determined by the Administrator, criteria for prioritizing and selecting cloud computing products and services to be assessed by the Joint Authorization Board; ``(2) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during the assessment and authorization process of the Joint Authorization Board; ``(3) review and validate cloud computing products and services and materials submitted by independent assessment organizations or any documentation determined to be necessary by the Joint Authorization Board to evaluate the system security of a cloud computing product or service; ``(4) in consultation with the FedRAMP Program Management Office, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization or FedRAMP provisional authorization; ``(5) establish requirements and guidelines for security assessments of cloud computing products and services, consistent with standards defined by the National Institute of Standards and Technology, to be used by the Joint Authorization Board and agencies; ``(6) perform such other roles and responsibilities as the Administrator may assign, in consultation with the FedRAMP Program Management Office and members of the Joint Authorization Board; and ``(7) establish metrics and goals for reviews and activities associated with issuing FedRAMP provisional authorizations and provide to the FedRAMP Program Management Office. ``(d) Determinations of Demand for Cloud Computing Products and Services.--The Joint Authorization Board shall consult with the Chief Information Officers Council established in section 3603 to establish a process, that shall be made available on a public website, for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP provisional authorization. ``(e) Detail of Personnel.--To assist the Joint Authorization Board in discharging the responsibilities under this section, personnel of agencies may be detailed to the Joint Authorization Board for the performance of duties described under subsection (c). ``Sec. 3610. Independent assessment organizations ``(a) Requirements for Accreditation.--The Joint Authorization Board shall determine the requirements for the accreditation of a third-party organization seeking to be accredited as an independent assessment organization, ensuring adequate implementation of section 3609. Such requirements may include developing or requiring certification programs for individuals employed by the third-party organization seeking accreditation. The Program Director of the FedRAMP Program Management Office shall accredit any third-party organization that meets the requirements for accreditation. ``(b) Assessment.--An independent assessment organization may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers as part of the FedRAMP authorization or the FedRAMP provisional authorization process. ``Sec. 3611. Roles and responsibilities of agencies ``(a) In General.--In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3612-- ``(1) create policies to ensure cloud computing products and services used by the agency meet FedRAMP security requirements and other risk-based performance requirements as defined by the Director; ``(2) issue agency-specific authorizations to operate for cloud computing services in compliance with section 3554; ``(3) confirm whether there is a FedRAMP authorization or FedRAMP provisional authorization in the cloud security repository established under section 3608(b)(8) before beginning the process to award a FedRAMP authorization or a FedRAMP provisional authorization for a cloud computing product or service; ``(4) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization or FedRAMP provisional authorization, use the existing assessments of security controls and materials within the authorization package; and ``(5) provide data and information required to the Director pursuant to section 3612 to determine how agencies are meeting metrics as defined by the FedRAMP Program Management Office. ``(b) Submission of Policies Required.--Not later than 6 months after the date of the enactment of this section, the head of each agency shall submit to the Director the policies created pursuant to subsection (a)(1) for review and approval. ``(c) Submission of Authorizations To Operate Required.--Upon issuance of an agency authorization to operate, the head of the agency shall provide a copy of the authorization to operate letter and any supplementary information required pursuant to section 3608(b) to the FedRAMP Program Management Office. ``(d) Presumption of Adequacy.-- ``(1) In general.--The assessment of security controls and materials within the authorization package for a FedRAMP authorization or FedRAMP provisional authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services. ``(2) Information security requirements.--The presumption under paragraph (1) does not modify or alter the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency. ``Sec. 3612. Roles and responsibilities of the Office of Management and Budget ``The Director shall have the following duties: ``(1) Issue guidance to ensure that an agency does not operate a Federal Government cloud computing product or service using Government data without an authorization to operate issued by the agency that meets the requirements of subchapter II of chapter 35 and the FedRAMP authorization or FedRAMP provisional authorization. ``(2) Ensure agencies are in compliance with any guidance or other requirements issued related to FedRAMP. ``(3) Review, analyze, and update guidance on the adoption, security, and use of cloud computing services used by agencies. ``(4) Ensure the Joint Authorization Board is in compliance with section 3609(c). ``(5) Adjudicate disagreements between the Joint Authorization Board and cloud service providers seeking a FedRAMP provisional authorization. ``(6) Promulgate regulations on the role of FedRAMP authorizations and FedRAMP provisional authorizations in agency acquisition of cloud computing products and services that process unclassified information. ``Sec. 3613. Authorization of appropriations for FEDRAMP ``There is authorized to be appropriated $20,000,000 each year for the FedRAMP Program Management Office and the Joint Authorization Board. ``Sec. 3614. Reports to Congress; GAO Report ``(a) Reports to Congress.--Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following: ``(1) The status, efficiency, and effectiveness of FedRAMP Program Management Office and agencies during the preceding year in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services, including progress towards meeting the metrics adopted by the FedRAMP Program Management Office pursuant to section 3608(d) and the Joint Authorization Board pursuant to section 3609(c)(5). ``(2) Data on FedRAMP authorizations and FedRAMP provisional authorizations. ``(3) The average length of time for the Joint Authorization Board to review applications for and issue FedRAMP provisional authorizations. ``(4) The average length of time for the FedRAMP Program Management Office to review authorizations to operate. ``(5) The number of FedRAMP authorizations and FedRAMP provisional authorizations issued for the previous year. ``(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting as described in this section. ``(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director in section 3612. ``(8) The cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations and FedRAMP provisional authorizations, including information responsive to the report required in subsection (b). ``(b) GAO Report.--Not later than 6 months after the date of the enactment of this section, the Comptroller General of the United States shall publish a report that includes an assessment of the cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations and FedRAMP provisional authorizations. ``Sec. 3615. Federal Secure Cloud Advisory Committee ``(a) Establishment, Purposes, and Duties.-- ``(1) Establishment.--There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the `Committee') to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. ``(2) Purposes.--The purposes of the Committee are the following: ``(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following: ``(i) Measures to increase agency re-use of FedRAMP provisional authorizations. ``(ii) Proposed actions that can be adopted to reduce the cost of FedRAMP authorizations and FedRAMP provisional authorizations for cloud service providers. ``(iii) Measures to increase the number of FedRAMP authorizations and FedRAMP provisional authorizations for cloud computing services offered by small businesses (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements. ``(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. ``(3) Duties.--The duties of the Committee are, at a minimum, to provide advice and recommendations to the Administrator, the Joint Authorization Board, and to agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services. ``(b) Members.-- ``(1) Composition.--The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Administrator of the Office of Electronic Government, as follows: ``(A) The Administrator or the Administrator's designee, who shall be the Chair of the Committee. ``(B) At least one representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology. ``(C) At least two officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(D) At least one official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(E) At least one individual representing an independent assessment organization. ``(F) No fewer than five representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))). ``(G) At least two other Government representatives as the Administrator determines to be necessary to provide sufficient balance, insights, or expertise to the Committee. ``(2) Deadline for appointment.--Each member of the Committee shall be appointed not later than 30 days after the date of the enactment of this section. ``(3) Period of appointment; vacancies.-- ``(A) In general.--Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. ``(B) Vacancies.--Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. ``(c) Meetings and Rules of Procedures.-- ``(1) Meetings.--The Committee shall hold not fewer than three meetings in a calendar year, at such time and place as determined by the Chair. ``(2) Initial meeting.--Not later than 120 days after the date of the enactment of this section, the Committee shall meet and begin the operations of the Committee. ``(3) Rules of procedure.--The Committee may establish rules for the conduct of the business of the Committee, if such rules are not inconsistent with this section or other applicable law. ``(d) Employee Status.-- ``(1) In general.--A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses. ``(2) Pay not permitted.--A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee. ``(e) Applicability to the Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(f) Hearings and Evidence.--The Committee, or on the authority of the Committee, any subcommittee, may, for the purposes of carrying out this section, hold hearings, sit and act at such times and places, take testimony, receive evidence, and administer oaths. ``(g) Contracting.--The Committee, may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Committee to discharge its duties under this section. ``(h) Information From Federal Agencies.-- ``(1) In general.--The Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of the Committee. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Committee, upon request made by the Chair, the Chair of any subcommittee created by a majority of the Committee, or any member designated by a majority of the Committee. ``(2) Receipt, handling, storage, and dissemination.-- Information may only be received, handled, stored, and disseminated by members of the Committee and its staff consistent with all applicable statutes, regulations, and Executive orders. ``(i) Detail of Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. ``(j) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as agencies. ``(k) Expert and Consultant Services.--The Committee is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, but at rates not to exceed the daily rate paid a person occupying a position at Level IV of the Executive Schedule under section 5315 of title 5. ``(l) Reports.-- ``(1) Interim reports.--The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``(2) Annual reports.--Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``Sec. 3616. Definitions ``(a) In General.--Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to sections 3607 through this section. ``(b) Additional Definitions.--In sections 3607 through this section: ``(1) Administrator.--The term `Administrator' means the Administrator of General Services. ``(2) Authorization package.--The term `authorization package'-- ``(A) means the essential information used to determine whether to authorize the operation of an information system or the use of a designated set of common controls; and ``(B) at a minimum, includes the information system security plan, privacy plan, security control assessment, privacy control assessment, and any relevant plans of action and milestones. ``(3) Cloud computing.--The term `cloud computing' has the meaning given that term by the National Institutes of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document thereto. ``(4) Cloud service provider.--The term `cloud service provider' means an entity offering cloud computing products or services to agencies. ``(5) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk and Authorization Management Program established under section 3607(a). ``(7) FedRAMP authorization.--The term `FedRAMP authorization' means a certification that a cloud computing product or service received from an agency that provides an authorization to operate and the FedRAMP Program Management Office has determined the product or service has completed the FedRAMP authorization process. ``(8) FedRAMP program management office.--The term `FedRAMP Program Management Office' means the office that administers FedRAMP established under section 3607(b). ``(9) FedRAMP provisional authorization.--The term `FedRAMP provisional authorization' means a certification that a cloud computing product or service has received from the Joint Authorization Board that approves a provisional authorization to operate. ``(10) Independent assessment organization.--The term `independent assessment organization' means a third-party organization accredited by the Program Director of the FedRAMP Program Management Office to undertake conformity assessments of cloud service providers and their products or services. ``(11) Joint authorization board.--The term `Joint Authorization Board' means the Joint Authorization Board established under section 3607(b).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items: ``3607. Federal Risk and Authorization Management Program. ``3608. FedRAMP Program Management Office. ``3609. Joint Authorization Board. ``3610. Independent assessment organizations. ``3611. Roles and responsibilities of agencies. ``3612. Roles and responsibilities of the Office of Management and Budget. ``3613. Authorization of appropriations for FEDRAMP. ``3614. Reports to Congress. ``3615. Federal Secure Cloud Advisory Committee. ``3616. Definitions.''. (c) Sunset.--This Act and any amendment made by this Act shall be repealed on the date that is 10 years after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in this Act or any amendment made by this Act shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code. Passed the House of Representatives January 5, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 21 _______________________________________________________________________ AN ACT To enhance the innovation, security, and availability of cloud computing products and services used in the Federal Government by establishing the Federal Risk and Authorization Management Program within the General Services Administration and by establishing a risk management, authorization, and continuous monitoring process to enable the Federal Government to leverage cloud computing products and services using a risk-based approach consistent with the Federal Information Security Modernization Act of 2014 and cloud-based operations, and for other purposes.
H.R. 21 (Introduced in House) - Federal Risk and Authorization Management Program Authorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr21ih/html/BILLS-117hr21ih.htm	DOC 117th CONGRESS 1st Session H. R. 21 To enhance the innovation, security, and availability of cloud computing products and services used in the Federal Government by establishing the Federal Risk and Authorization Management Program within the General Services Administration and by establishing a risk management, authorization, and continuous monitoring process to enable the Federal Government to leverage cloud computing products and services using a risk-based approach consistent with the Federal Information Security Modernization Act of 2014 and cloud-based operations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Connolly (for himself, Mr. Comer, and Mr. Hice of Georgia) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To enhance the innovation, security, and availability of cloud computing products and services used in the Federal Government by establishing the Federal Risk and Authorization Management Program within the General Services Administration and by establishing a risk management, authorization, and continuous monitoring process to enable the Federal Government to leverage cloud computing products and services using a risk-based approach consistent with the Federal Information Security Modernization Act of 2014 and cloud-based operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Risk and Authorization Management Program Authorization Act of 2021'' or the ``FedRAMP Authorization Act''. SEC. 2. CODIFICATION OF THE FEDRAMP PROGRAM. (a) Amendment.--Chapter 36 of title 44, United States Code, is amended by adding at the end the following new sections: ``Sec. 3607. Federal Risk and Authorization Management Program ``(a) Establishment.--There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator of General Services, in accordance with section 3612, shall establish a governmentwide program that provides the authoritative standardized approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. ``(b) Components of FedRAMP.--The Joint Authorization Board and the FedRAMP Program Management Office are established as components of FedRAMP. ``Sec. 3608. FedRAMP Program Management Office ``(a) GSA Duties.-- ``(1) Roles and responsibilities.--The Administrator of General Services shall-- ``(A) determine the categories and characteristics of cloud computing products and services that are within the jurisdiction of FedRAMP and that require a FedRAMP authorization or a FedRAMP provisional authorization; ``(B) develop, coordinate, and implement a process for the FedRAMP Program Management Office, the Joint Authorization Board, and agencies to review security assessments of cloud computing products and services pursuant to subsections (b) and (c) of section 3611, and appropriate oversight of continuous monitoring of cloud computing products and services; and ``(C) ensure the continuous improvement of FedRAMP. ``(2) Implementation.--The Administrator shall oversee the implementation of FedRAMP, including-- ``(A) appointing a Program Director to oversee the FedRAMP Program Management Office; ``(B) hiring professional staff as may be necessary for the effective operation of the FedRAMP Program Management Office, and such other activities as are essential to properly perform critical functions; ``(C) entering into interagency agreements to detail personnel on a reimbursable or non-reimbursable basis to assist the FedRAMP Program Management Office and the Joint Authorization Board in discharging the responsibilities of the Office under this section; and ``(D) such other actions as the Administrator may determine necessary to carry out this section. ``(b) Duties.--The FedRAMP Program Management Office shall have the following duties: ``(1) Provide guidance to independent assessment organizations, validate the independent assessments, and apply the requirements and guidelines adopted in section 3609(c)(5). ``(2) Oversee and issue guidelines regarding the necessary requirements for accreditation of third-party organizations seeking to be awarded accreditation as independent assessment organizations, including qualifications, roles, and responsibilities of independent assessment organizations. ``(3) Develop templates and other materials to support the Joint Authorization Board and agencies in the authorization of cloud computing products and services to increase the speed, effectiveness, and transparency of the authorization process, consistent with standards defined by the National Institute of Standards and Technology. ``(4) Establish and maintain a public comment process for proposed guidance before the issuance of such guidance by FedRAMP. ``(5) Review any authorization to operate issued by an agency to determine if the authorization meets the requirements and guidelines adopted in section 3609(c)(5). ``(6) Establish frameworks for agencies to use authorization packages processed by the FedRAMP Program Management Office and Joint Authorization Board. ``(7) Coordinate with the Secretary of Defense and the Secretary of Homeland Security to establish a framework for continuous monitoring under section 3553 and agency reports required under section 3554. ``(8) Establish a centralized and secure repository to collect and share necessary data, including security authorization packages, from the Joint Authorization Board and agencies to enable better sharing and reuse of such packages across agencies. ``(c) Evaluation of Automation Procedures.-- ``(1) In general.--The FedRAMP Program Management Office shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations and FedRAMP provisional authorizations, including continuous monitoring of cloud computing products and services. ``(2) Means for automation.--Not later than 1 year after the date of the enactment of this section, and updated annually thereafter, the FedRAMP Program Management Office shall establish a means for the automation of security assessments and reviews. ``(d) Metrics for Authorization.--The FedRAMP Program Management Office shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. ``Sec. 3609. Joint Authorization Board ``(a) Establishment.--The Joint Authorization Board shall consist of cloud computing experts, appointed by the Director in consultation with the Administrator, from each of the following: ``(1) The Department of Defense. ``(2) The Department of Homeland Security. ``(3) The General Services Administration. ``(4) Such other agencies as determined by the Director, in consultation with the Administrator. ``(b) Issuance of FedRAMP Provisional Authorizations.--The Joint Authorization Board shall conduct security assessments of cloud computing products and services and issue FedRAMP provisional authorizations to cloud service providers that meet the requirements and guidelines established in subsection (c)(5). ``(c) Duties.--The Joint Authorization Board shall-- ``(1) develop and make publicly available on a website, determined by the Administrator, criteria for prioritizing and selecting cloud computing products and services to be assessed by the Joint Authorization Board; ``(2) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during the assessment and authorization process of the Joint Authorization Board; ``(3) review and validate cloud computing products and services and materials submitted by independent assessment organizations or any documentation determined to be necessary by the Joint Authorization Board to evaluate the system security of a cloud computing product or service; ``(4) in consultation with the FedRAMP Program Management Office, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization or FedRAMP provisional authorization; ``(5) establish requirements and guidelines for security assessments of cloud computing products and services, consistent with standards defined by the National Institute of Standards and Technology, to be used by the Joint Authorization Board and agencies; ``(6) perform such other roles and responsibilities as the Administrator may assign, in consultation with the FedRAMP Program Management Office and members of the Joint Authorization Board; and ``(7) establish metrics and goals for reviews and activities associated with issuing FedRAMP provisional authorizations and provide to the FedRAMP Program Management Office. ``(d) Determinations of Demand for Cloud Computing Products and Services.--The Joint Authorization Board shall consult with the Chief Information Officers Council established in section 3603 to establish a process, that shall be made available on a public website, for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP provisional authorization. ``(e) Detail of Personnel.--To assist the Joint Authorization Board in discharging the responsibilities under this section, personnel of agencies may be detailed to the Joint Authorization Board for the performance of duties described under subsection (c). ``Sec. 3610. Independent assessment organizations ``(a) Requirements for Accreditation.--The Joint Authorization Board shall determine the requirements for the accreditation of a third-party organization seeking to be accredited as an independent assessment organization, ensuring adequate implementation of section 3609. Such requirements may include developing or requiring certification programs for individuals employed by the third-party organization seeking accreditation. The Program Director of the FedRAMP Program Management Office shall accredit any third-party organization that meets the requirements for accreditation. ``(b) Assessment.--An independent assessment organization may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers as part of the FedRAMP authorization or the FedRAMP provisional authorization process. ``Sec. 3611. Roles and responsibilities of agencies ``(a) In General.--In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3612-- ``(1) create policies to ensure cloud computing products and services used by the agency meet FedRAMP security requirements and other risk-based performance requirements as defined by the Director; ``(2) issue agency-specific authorizations to operate for cloud computing services in compliance with section 3554; ``(3) confirm whether there is a FedRAMP authorization or FedRAMP provisional authorization in the cloud security repository established under section 3608(b)(8) before beginning the process to award a FedRAMP authorization or a FedRAMP provisional authorization for a cloud computing product or service; ``(4) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization or FedRAMP provisional authorization, use the existing assessments of security controls and materials within the authorization package; and ``(5) provide data and information required to the Director pursuant to section 3612 to determine how agencies are meeting metrics as defined by the FedRAMP Program Management Office. ``(b) Submission of Policies Required.--Not later than 6 months after the date of the enactment of this section, the head of each agency shall submit to the Director the policies created pursuant to subsection (a)(1) for review and approval. ``(c) Submission of Authorizations To Operate Required.--Upon issuance of an agency authorization to operate, the head of the agency shall provide a copy of the authorization to operate letter and any supplementary information required pursuant to section 3608(b) to the FedRAMP Program Management Office. ``(d) Presumption of Adequacy.-- ``(1) In general.--The assessment of security controls and materials within the authorization package for a FedRAMP authorization or FedRAMP provisional authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services. ``(2) Information security requirements.--The presumption under paragraph (1) does not modify or alter the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency. ``Sec. 3612. Roles and responsibilities of the Office of Management and Budget ``The Director shall have the following duties: ``(1) Issue guidance to ensure that an agency does not operate a Federal Government cloud computing product or service using Government data without an authorization to operate issued by the agency that meets the requirements of subchapter II of chapter 35 and the FedRAMP authorization or FedRAMP provisional authorization. ``(2) Ensure agencies are in compliance with any guidance or other requirements issued related to FedRAMP. ``(3) Review, analyze, and update guidance on the adoption, security, and use of cloud computing services used by agencies. ``(4) Ensure the Joint Authorization Board is in compliance with section 3609(c). ``(5) Adjudicate disagreements between the Joint Authorization Board and cloud service providers seeking a FedRAMP provisional authorization. ``(6) Promulgate regulations on the role of FedRAMP authorizations and FedRAMP provisional authorizations in agency acquisition of cloud computing products and services that process unclassified information. ``Sec. 3613. Authorization of appropriations for FEDRAMP ``There is authorized to be appropriated $20,000,000 each year for the FedRAMP Program Management Office and the Joint Authorization Board. ``Sec. 3614. Reports to Congress; GAO Report ``(a) Reports to Congress.--Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following: ``(1) The status, efficiency, and effectiveness of FedRAMP Program Management Office and agencies during the preceding year in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services, including progress towards meeting the metrics adopted by the FedRAMP Program Management Office pursuant to section 3608(d) and the Joint Authorization Board pursuant to section 3609(c)(5). ``(2) Data on FedRAMP authorizations and FedRAMP provisional authorizations. ``(3) The average length of time for the Joint Authorization Board to review applications for and issue FedRAMP provisional authorizations. ``(4) The average length of time for the FedRAMP Program Management Office to review authorizations to operate. ``(5) The number of FedRAMP authorizations and FedRAMP provisional authorizations issued for the previous year. ``(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting as described in this section. ``(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director in section 3612. ``(8) The cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations and FedRAMP provisional authorizations, including information responsive to the report required in subsection (b). ``(b) GAO Report.--Not later than 6 months after the date of the enactment of this section, the Comptroller General of the United States shall publish a report that includes an assessment of the cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations and FedRAMP provisional authorizations. ``Sec. 3615. Federal Secure Cloud Advisory Committee ``(a) Establishment, Purposes, and Duties.-- ``(1) Establishment.--There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the `Committee') to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. ``(2) Purposes.--The purposes of the Committee are the following: ``(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following: ``(i) Measures to increase agency re-use of FedRAMP provisional authorizations. ``(ii) Proposed actions that can be adopted to reduce the cost of FedRAMP authorizations and FedRAMP provisional authorizations for cloud service providers. ``(iii) Measures to increase the number of FedRAMP authorizations and FedRAMP provisional authorizations for cloud computing services offered by small businesses (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements. ``(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. ``(3) Duties.--The duties of the Committee are, at a minimum, to provide advice and recommendations to the Administrator, the Joint Authorization Board, and to agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services. ``(b) Members.-- ``(1) Composition.--The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Administrator of the Office of Electronic Government, as follows: ``(A) The Administrator or the Administrator's designee, who shall be the Chair of the Committee. ``(B) At least one representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology. ``(C) At least two officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(D) At least one official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(E) At least one individual representing an independent assessment organization. ``(F) No fewer than five representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))). ``(G) At least two other Government representatives as the Administrator determines to be necessary to provide sufficient balance, insights, or expertise to the Committee. ``(2) Deadline for appointment.--Each member of the Committee shall be appointed not later than 30 days after the date of the enactment of this section. ``(3) Period of appointment; vacancies.-- ``(A) In general.--Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. ``(B) Vacancies.--Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. ``(c) Meetings and Rules of Procedures.-- ``(1) Meetings.--The Committee shall hold not fewer than three meetings in a calendar year, at such time and place as determined by the Chair. ``(2) Initial meeting.--Not later than 120 days after the date of the enactment of this section, the Committee shall meet and begin the operations of the Committee. ``(3) Rules of procedure.--The Committee may establish rules for the conduct of the business of the Committee, if such rules are not inconsistent with this section or other applicable law. ``(d) Employee Status.-- ``(1) In general.--A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses. ``(2) Pay not permitted.--A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee. ``(e) Applicability to the Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(f) Hearings and Evidence.--The Committee, or on the authority of the Committee, any subcommittee, may, for the purposes of carrying out this section, hold hearings, sit and act at such times and places, take testimony, receive evidence, and administer oaths. ``(g) Contracting.--The Committee, may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Committee to discharge its duties under this section. ``(h) Information From Federal Agencies.-- ``(1) In general.--The Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of the Committee. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Committee, upon request made by the Chair, the Chair of any subcommittee created by a majority of the Committee, or any member designated by a majority of the Committee. ``(2) Receipt, handling, storage, and dissemination.-- Information may only be received, handled, stored, and disseminated by members of the Committee and its staff consistent with all applicable statutes, regulations, and Executive orders. ``(i) Detail of Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. ``(j) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as agencies. ``(k) Expert and Consultant Services.--The Committee is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, but at rates not to exceed the daily rate paid a person occupying a position at Level IV of the Executive Schedule under section 5315 of title 5. ``(l) Reports.-- ``(1) Interim reports.--The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``(2) Annual reports.--Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``Sec. 3616. Definitions ``(a) In General.--Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to sections 3607 through this section. ``(b) Additional Definitions.--In sections 3607 through this section: ``(1) Administrator.--The term `Administrator' means the Administrator of General Services. ``(2) Authorization package.--The term `authorization package'-- ``(A) means the essential information used to determine whether to authorize the operation of an information system or the use of a designated set of common controls; and ``(B) at a minimum, includes the information system security plan, privacy plan, security control assessment, privacy control assessment, and any relevant plans of action and milestones. ``(3) Cloud computing.--The term `cloud computing' has the meaning given that term by the National Institutes of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document thereto. ``(4) Cloud service provider.--The term `cloud service provider' means an entity offering cloud computing products or services to agencies. ``(5) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk and Authorization Management Program established under section 3607(a). ``(7) FedRAMP authorization.--The term `FedRAMP authorization' means a certification that a cloud computing product or service received from an agency that provides an authorization to operate and the FedRAMP Program Management Office has determined the product or service has completed the FedRAMP authorization process. ``(8) FedRAMP program management office.--The term `FedRAMP Program Management Office' means the office that administers FedRAMP established under section 3607(b). ``(9) FedRAMP provisional authorization.--The term `FedRAMP provisional authorization' means a certification that a cloud computing product or service has received from the Joint Authorization Board that approves a provisional authorization to operate. ``(10) Independent assessment organization.--The term `independent assessment organization' means a third-party organization accredited by the Program Director of the FedRAMP Program Management Office to undertake conformity assessments of cloud service providers and their products or services. ``(11) Joint authorization board.--The term `Joint Authorization Board' means the Joint Authorization Board established under section 3607(b).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items: ``3607. Federal Risk and Authorization Management Program. ``3608. FedRAMP Program Management Office. ``3609. Joint Authorization Board. ``3610. Independent assessment organizations. ``3611. Roles and responsibilities of agencies. ``3612. Roles and responsibilities of the Office of Management and Budget. ``3613. Authorization of appropriations for FEDRAMP. ``3614. Reports to Congress. ``3615. Federal Secure Cloud Advisory Committee. ``3616. Definitions.''. (c) Sunset.--This Act and any amendment made by this Act shall be repealed on the date that is 10 years after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in this Act or any amendment made by this Act shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code. all
H.R. 21 (Referred in Senate) - Federal Risk and Authorization Management Program Authorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr21rfs/html/BILLS-117hr21rfs.htm	DOC 117th CONGRESS 1st Session H. R. 21 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 6, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To enhance the innovation, security, and availability of cloud computing products and services used in the Federal Government by establishing the Federal Risk and Authorization Management Program within the General Services Administration and by establishing a risk management, authorization, and continuous monitoring process to enable the Federal Government to leverage cloud computing products and services using a risk-based approach consistent with the Federal Information Security Modernization Act of 2014 and cloud-based operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Risk and Authorization Management Program Authorization Act of 2021'' or the ``FedRAMP Authorization Act''. SEC. 2. CODIFICATION OF THE FEDRAMP PROGRAM. (a) Amendment.--Chapter 36 of title 44, United States Code, is amended by adding at the end the following new sections: ``Sec. 3607. Federal Risk and Authorization Management Program ``(a) Establishment.--There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator of General Services, in accordance with section 3612, shall establish a governmentwide program that provides the authoritative standardized approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies. ``(b) Components of FedRAMP.--The Joint Authorization Board and the FedRAMP Program Management Office are established as components of FedRAMP. ``Sec. 3608. FedRAMP Program Management Office ``(a) GSA Duties.-- ``(1) Roles and responsibilities.--The Administrator of General Services shall-- ``(A) determine the categories and characteristics of cloud computing products and services that are within the jurisdiction of FedRAMP and that require a FedRAMP authorization or a FedRAMP provisional authorization; ``(B) develop, coordinate, and implement a process for the FedRAMP Program Management Office, the Joint Authorization Board, and agencies to review security assessments of cloud computing products and services pursuant to subsections (b) and (c) of section 3611, and appropriate oversight of continuous monitoring of cloud computing products and services; and ``(C) ensure the continuous improvement of FedRAMP. ``(2) Implementation.--The Administrator shall oversee the implementation of FedRAMP, including-- ``(A) appointing a Program Director to oversee the FedRAMP Program Management Office; ``(B) hiring professional staff as may be necessary for the effective operation of the FedRAMP Program Management Office, and such other activities as are essential to properly perform critical functions; ``(C) entering into interagency agreements to detail personnel on a reimbursable or non-reimbursable basis to assist the FedRAMP Program Management Office and the Joint Authorization Board in discharging the responsibilities of the Office under this section; and ``(D) such other actions as the Administrator may determine necessary to carry out this section. ``(b) Duties.--The FedRAMP Program Management Office shall have the following duties: ``(1) Provide guidance to independent assessment organizations, validate the independent assessments, and apply the requirements and guidelines adopted in section 3609(c)(5). ``(2) Oversee and issue guidelines regarding the necessary requirements for accreditation of third-party organizations seeking to be awarded accreditation as independent assessment organizations, including qualifications, roles, and responsibilities of independent assessment organizations. ``(3) Develop templates and other materials to support the Joint Authorization Board and agencies in the authorization of cloud computing products and services to increase the speed, effectiveness, and transparency of the authorization process, consistent with standards defined by the National Institute of Standards and Technology. ``(4) Establish and maintain a public comment process for proposed guidance before the issuance of such guidance by FedRAMP. ``(5) Review any authorization to operate issued by an agency to determine if the authorization meets the requirements and guidelines adopted in section 3609(c)(5). ``(6) Establish frameworks for agencies to use authorization packages processed by the FedRAMP Program Management Office and Joint Authorization Board. ``(7) Coordinate with the Secretary of Defense and the Secretary of Homeland Security to establish a framework for continuous monitoring under section 3553 and agency reports required under section 3554. ``(8) Establish a centralized and secure repository to collect and share necessary data, including security authorization packages, from the Joint Authorization Board and agencies to enable better sharing and reuse of such packages across agencies. ``(c) Evaluation of Automation Procedures.-- ``(1) In general.--The FedRAMP Program Management Office shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of FedRAMP authorizations and FedRAMP provisional authorizations, including continuous monitoring of cloud computing products and services. ``(2) Means for automation.--Not later than 1 year after the date of the enactment of this section, and updated annually thereafter, the FedRAMP Program Management Office shall establish a means for the automation of security assessments and reviews. ``(d) Metrics for Authorization.--The FedRAMP Program Management Office shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. ``Sec. 3609. Joint Authorization Board ``(a) Establishment.--The Joint Authorization Board shall consist of cloud computing experts, appointed by the Director in consultation with the Administrator, from each of the following: ``(1) The Department of Defense. ``(2) The Department of Homeland Security. ``(3) The General Services Administration. ``(4) Such other agencies as determined by the Director, in consultation with the Administrator. ``(b) Issuance of FedRAMP Provisional Authorizations.--The Joint Authorization Board shall conduct security assessments of cloud computing products and services and issue FedRAMP provisional authorizations to cloud service providers that meet the requirements and guidelines established in subsection (c)(5). ``(c) Duties.--The Joint Authorization Board shall-- ``(1) develop and make publicly available on a website, determined by the Administrator, criteria for prioritizing and selecting cloud computing products and services to be assessed by the Joint Authorization Board; ``(2) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during the assessment and authorization process of the Joint Authorization Board; ``(3) review and validate cloud computing products and services and materials submitted by independent assessment organizations or any documentation determined to be necessary by the Joint Authorization Board to evaluate the system security of a cloud computing product or service; ``(4) in consultation with the FedRAMP Program Management Office, serve as a resource for best practices to accelerate the process for obtaining a FedRAMP authorization or FedRAMP provisional authorization; ``(5) establish requirements and guidelines for security assessments of cloud computing products and services, consistent with standards defined by the National Institute of Standards and Technology, to be used by the Joint Authorization Board and agencies; ``(6) perform such other roles and responsibilities as the Administrator may assign, in consultation with the FedRAMP Program Management Office and members of the Joint Authorization Board; and ``(7) establish metrics and goals for reviews and activities associated with issuing FedRAMP provisional authorizations and provide to the FedRAMP Program Management Office. ``(d) Determinations of Demand for Cloud Computing Products and Services.--The Joint Authorization Board shall consult with the Chief Information Officers Council established in section 3603 to establish a process, that shall be made available on a public website, for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP provisional authorization. ``(e) Detail of Personnel.--To assist the Joint Authorization Board in discharging the responsibilities under this section, personnel of agencies may be detailed to the Joint Authorization Board for the performance of duties described under subsection (c). ``Sec. 3610. Independent assessment organizations ``(a) Requirements for Accreditation.--The Joint Authorization Board shall determine the requirements for the accreditation of a third-party organization seeking to be accredited as an independent assessment organization, ensuring adequate implementation of section 3609. Such requirements may include developing or requiring certification programs for individuals employed by the third-party organization seeking accreditation. The Program Director of the FedRAMP Program Management Office shall accredit any third-party organization that meets the requirements for accreditation. ``(b) Assessment.--An independent assessment organization may assess, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers as part of the FedRAMP authorization or the FedRAMP provisional authorization process. ``Sec. 3611. Roles and responsibilities of agencies ``(a) In General.--In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3612-- ``(1) create policies to ensure cloud computing products and services used by the agency meet FedRAMP security requirements and other risk-based performance requirements as defined by the Director; ``(2) issue agency-specific authorizations to operate for cloud computing services in compliance with section 3554; ``(3) confirm whether there is a FedRAMP authorization or FedRAMP provisional authorization in the cloud security repository established under section 3608(b)(8) before beginning the process to award a FedRAMP authorization or a FedRAMP provisional authorization for a cloud computing product or service; ``(4) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization or FedRAMP provisional authorization, use the existing assessments of security controls and materials within the authorization package; and ``(5) provide data and information required to the Director pursuant to section 3612 to determine how agencies are meeting metrics as defined by the FedRAMP Program Management Office. ``(b) Submission of Policies Required.--Not later than 6 months after the date of the enactment of this section, the head of each agency shall submit to the Director the policies created pursuant to subsection (a)(1) for review and approval. ``(c) Submission of Authorizations To Operate Required.--Upon issuance of an agency authorization to operate, the head of the agency shall provide a copy of the authorization to operate letter and any supplementary information required pursuant to section 3608(b) to the FedRAMP Program Management Office. ``(d) Presumption of Adequacy.-- ``(1) In general.--The assessment of security controls and materials within the authorization package for a FedRAMP authorization or FedRAMP provisional authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services. ``(2) Information security requirements.--The presumption under paragraph (1) does not modify or alter the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing products or services used by the agency. ``Sec. 3612. Roles and responsibilities of the Office of Management and Budget ``The Director shall have the following duties: ``(1) Issue guidance to ensure that an agency does not operate a Federal Government cloud computing product or service using Government data without an authorization to operate issued by the agency that meets the requirements of subchapter II of chapter 35 and the FedRAMP authorization or FedRAMP provisional authorization. ``(2) Ensure agencies are in compliance with any guidance or other requirements issued related to FedRAMP. ``(3) Review, analyze, and update guidance on the adoption, security, and use of cloud computing services used by agencies. ``(4) Ensure the Joint Authorization Board is in compliance with section 3609(c). ``(5) Adjudicate disagreements between the Joint Authorization Board and cloud service providers seeking a FedRAMP provisional authorization. ``(6) Promulgate regulations on the role of FedRAMP authorizations and FedRAMP provisional authorizations in agency acquisition of cloud computing products and services that process unclassified information. ``Sec. 3613. Authorization of appropriations for FEDRAMP ``There is authorized to be appropriated $20,000,000 each year for the FedRAMP Program Management Office and the Joint Authorization Board. ``Sec. 3614. Reports to Congress; GAO Report ``(a) Reports to Congress.--Not later than 12 months after the date of the enactment of this section, and annually thereafter, the Director shall submit to the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes the following: ``(1) The status, efficiency, and effectiveness of FedRAMP Program Management Office and agencies during the preceding year in supporting the speed, effectiveness, sharing, reuse, and security of authorizations to operate for cloud computing products and services, including progress towards meeting the metrics adopted by the FedRAMP Program Management Office pursuant to section 3608(d) and the Joint Authorization Board pursuant to section 3609(c)(5). ``(2) Data on FedRAMP authorizations and FedRAMP provisional authorizations. ``(3) The average length of time for the Joint Authorization Board to review applications for and issue FedRAMP provisional authorizations. ``(4) The average length of time for the FedRAMP Program Management Office to review authorizations to operate. ``(5) The number of FedRAMP authorizations and FedRAMP provisional authorizations issued for the previous year. ``(6) A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting as described in this section. ``(7) The number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the Director in section 3612. ``(8) The cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations and FedRAMP provisional authorizations, including information responsive to the report required in subsection (b). ``(b) GAO Report.--Not later than 6 months after the date of the enactment of this section, the Comptroller General of the United States shall publish a report that includes an assessment of the cost incurred by agencies and cloud service providers related to the issuance of FedRAMP authorizations and FedRAMP provisional authorizations. ``Sec. 3615. Federal Secure Cloud Advisory Committee ``(a) Establishment, Purposes, and Duties.-- ``(1) Establishment.--There is established a Federal Secure Cloud Advisory Committee (referred to in this section as the `Committee') to ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. ``(2) Purposes.--The purposes of the Committee are the following: ``(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following: ``(i) Measures to increase agency re-use of FedRAMP provisional authorizations. ``(ii) Proposed actions that can be adopted to reduce the cost of FedRAMP authorizations and FedRAMP provisional authorizations for cloud service providers. ``(iii) Measures to increase the number of FedRAMP authorizations and FedRAMP provisional authorizations for cloud computing services offered by small businesses (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ``(B) Collect information and feedback on agency compliance with and implementation of FedRAMP requirements. ``(C) Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. ``(3) Duties.--The duties of the Committee are, at a minimum, to provide advice and recommendations to the Administrator, the Joint Authorization Board, and to agencies on technical, financial, programmatic, and operational matters regarding secure adoption of cloud computing products and services. ``(b) Members.-- ``(1) Composition.--The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Administrator of the Office of Electronic Government, as follows: ``(A) The Administrator or the Administrator's designee, who shall be the Chair of the Committee. ``(B) At least one representative each from the Cybersecurity and Infrastructure Security Agency and the National Institute of Standards and Technology. ``(C) At least two officials who serve as the Chief Information Security Officer within an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(D) At least one official serving as Chief Procurement Officer (or equivalent) in an agency, who shall be required to maintain such a position throughout the duration of their service on the Committee. ``(E) At least one individual representing an independent assessment organization. ``(F) No fewer than five representatives from unique businesses that primarily provide cloud computing services or products, including at least two representatives from a small business (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a))). ``(G) At least two other Government representatives as the Administrator determines to be necessary to provide sufficient balance, insights, or expertise to the Committee. ``(2) Deadline for appointment.--Each member of the Committee shall be appointed not later than 30 days after the date of the enactment of this section. ``(3) Period of appointment; vacancies.-- ``(A) In general.--Each non-Federal member of the Committee shall be appointed for a term of 3 years, except that the initial terms for members may be staggered 1-, 2-, or 3-year terms to establish a rotation in which one-third of the members are selected each year. Any such member may be appointed for not more than 2 consecutive terms. ``(B) Vacancies.--Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. ``(c) Meetings and Rules of Procedures.-- ``(1) Meetings.--The Committee shall hold not fewer than three meetings in a calendar year, at such time and place as determined by the Chair. ``(2) Initial meeting.--Not later than 120 days after the date of the enactment of this section, the Committee shall meet and begin the operations of the Committee. ``(3) Rules of procedure.--The Committee may establish rules for the conduct of the business of the Committee, if such rules are not inconsistent with this section or other applicable law. ``(d) Employee Status.-- ``(1) In general.--A member of the Committee (other than a member who is appointed to the Committee in connection with another Federal appointment) shall not be considered an employee of the Federal Government by reason of any service as such a member, except for the purposes of section 5703 of title 5, relating to travel expenses. ``(2) Pay not permitted.--A member of the Committee covered by paragraph (1) may not receive pay by reason of service on the Committee. ``(e) Applicability to the Federal Advisory Committee Act.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. ``(f) Hearings and Evidence.--The Committee, or on the authority of the Committee, any subcommittee, may, for the purposes of carrying out this section, hold hearings, sit and act at such times and places, take testimony, receive evidence, and administer oaths. ``(g) Contracting.--The Committee, may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Committee to discharge its duties under this section. ``(h) Information From Federal Agencies.-- ``(1) In general.--The Committee is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of the Committee. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Committee, upon request made by the Chair, the Chair of any subcommittee created by a majority of the Committee, or any member designated by a majority of the Committee. ``(2) Receipt, handling, storage, and dissemination.-- Information may only be received, handled, stored, and disseminated by members of the Committee and its staff consistent with all applicable statutes, regulations, and Executive orders. ``(i) Detail of Employees.--Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. ``(j) Postal Services.--The Committee may use the United States mails in the same manner and under the same conditions as agencies. ``(k) Expert and Consultant Services.--The Committee is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, but at rates not to exceed the daily rate paid a person occupying a position at Level IV of the Executive Schedule under section 5315 of title 5. ``(l) Reports.-- ``(1) Interim reports.--The Committee may submit to the Administrator and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``(2) Annual reports.--Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Committee shall submit to the Administrator and Congress a final report containing such findings, conclusions, and recommendations as have been agreed to by the Committee. ``Sec. 3616. Definitions ``(a) In General.--Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to sections 3607 through this section. ``(b) Additional Definitions.--In sections 3607 through this section: ``(1) Administrator.--The term `Administrator' means the Administrator of General Services. ``(2) Authorization package.--The term `authorization package'-- ``(A) means the essential information used to determine whether to authorize the operation of an information system or the use of a designated set of common controls; and ``(B) at a minimum, includes the information system security plan, privacy plan, security control assessment, privacy control assessment, and any relevant plans of action and milestones. ``(3) Cloud computing.--The term `cloud computing' has the meaning given that term by the National Institutes of Standards and Technology in NIST Special Publication 800-145 and any amendatory or superseding document thereto. ``(4) Cloud service provider.--The term `cloud service provider' means an entity offering cloud computing products or services to agencies. ``(5) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(6) FedRAMP.--The term `FedRAMP' means the Federal Risk and Authorization Management Program established under section 3607(a). ``(7) FedRAMP authorization.--The term `FedRAMP authorization' means a certification that a cloud computing product or service received from an agency that provides an authorization to operate and the FedRAMP Program Management Office has determined the product or service has completed the FedRAMP authorization process. ``(8) FedRAMP program management office.--The term `FedRAMP Program Management Office' means the office that administers FedRAMP established under section 3607(b). ``(9) FedRAMP provisional authorization.--The term `FedRAMP provisional authorization' means a certification that a cloud computing product or service has received from the Joint Authorization Board that approves a provisional authorization to operate. ``(10) Independent assessment organization.--The term `independent assessment organization' means a third-party organization accredited by the Program Director of the FedRAMP Program Management Office to undertake conformity assessments of cloud service providers and their products or services. ``(11) Joint authorization board.--The term `Joint Authorization Board' means the Joint Authorization Board established under section 3607(b).''. (b) Technical and Conforming Amendment.--The table of sections for chapter 36 of title 44, United States Code, is amended by adding at the end the following new items: ``3607. Federal Risk and Authorization Management Program. ``3608. FedRAMP Program Management Office. ``3609. Joint Authorization Board. ``3610. Independent assessment organizations. ``3611. Roles and responsibilities of agencies. ``3612. Roles and responsibilities of the Office of Management and Budget. ``3613. Authorization of appropriations for FEDRAMP. ``3614. Reports to Congress. ``3615. Federal Secure Cloud Advisory Committee. ``3616. Definitions.''. (c) Sunset.--This Act and any amendment made by this Act shall be repealed on the date that is 10 years after the date of the enactment of this Act. (d) Rule of Construction.--Nothing in this Act or any amendment made by this Act shall be construed as altering or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under subchapter II of chapter 35 of title 44, United States Code. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 220 (Introduced in House) - Stemming the Tide of Rural Economic Stress and Suicide under COVID–19 Act	https://www.govinfo.gov/content/pkg/BILLS-117hr220ih/html/BILLS-117hr220ih.htm	DOC 117th CONGRESS 1st Session H. R. 220 To make supplemental appropriations to carry out farm stress programs, provide for expedited additional support under the farm and ranch stress assistance network, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Emmer (for himself and Mr. Rodney Davis of Illinois) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To make supplemental appropriations to carry out farm stress programs, provide for expedited additional support under the farm and ranch stress assistance network, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stemming the Tide of Rural Economic Stress and Suicide under COVID-19 Act'' or the ``STRESS under COVID-19 Act''. SEC. 2. EXPEDITED ADDITIONAL SUPPORT FOR FARM AND RANCH STRESS ASSISTANCE NETWORK. (a) Emergency Funding.-- (1) In general.--In addition to amounts otherwise made available to carry out section 7522 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936), out of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out such section $10,000,000, to remain available until September 30, 2022. (2) Allocation.--Not later than 60 days after the date of the enactment of this Act, from the amounts made available under paragraph (1), the Secretary shall award to each eligible recipient (as specified in section 7522(c) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936(c))) that meets the criteria determined by the Secretary, and submits an application within the time period specified by the Secretary, an amount to be determined by the Secretary, except in no case may such amount exceed $500,000. (b) Authorization of Appropriations.--In addition to amounts otherwise authorized to be appropriated to carry out section 7522 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936), there is authorized to be appropriated to the Secretary of Agriculture to carry out such section $20,000,000 for each of fiscal years 2022 through 2025. all
"H.R. 221 (Introduced in House)- To amend title 5, United States Code, to modify the oath of office 
taken by individuals in the civil service or uniformed services, and of 
other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr221ih/html/BILLS-117hr221ih.htm	DOC 117th CONGRESS 1st Session H. R. 221 To amend title 5, United States Code, to modify the oath of office taken by individuals in the civil service or uniformed services, and of other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Ms. Eshoo introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To amend title 5, United States Code, to modify the oath of office taken by individuals in the civil service or uniformed services, and of other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MODIFICATION OF OATH OF OFFICE FOR INDIVIDUALS IN THE CIVIL SERVICE OR UNIFORMED SERVICES. Section 3331 of title 5, United States Code, is amended to read as follows: ``Sec. 3331. Oath of office ``An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: `I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I place this obligation above that to any individual, political party, or faction; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.' This section does not affect other oaths required by law.''. all
H.R. 222 (Introduced in House) - Election Day Holiday Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr222ih/html/BILLS-117hr222ih.htm	DOC 117th CONGRESS 1st Session H. R. 222 To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Ms. Eshoo (for herself and Mr. McEachin) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To treat the Tuesday next after the first Monday in November in the same manner as any legal public holiday for purposes of Federal employment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Election Day Holiday Act of 2021''. SEC. 2. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT. For purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code. SEC. 3. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS. It is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2022 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day. all
H.R. 223 (Introduced in House) - COVID–19 Cold Storage Expansion Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr223ih/html/BILLS-117hr223ih.htm	DOC 117th CONGRESS 1st Session H. R. 223 To direct the Secretary of Health and Human Services to reimburse qualified health care providers for the costs of purchasing, leasing, installing, and operating qualified equipment for cold storage of COVID-19 vaccines. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Espaillat (for himself and Mr. Sires) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services to reimburse qualified health care providers for the costs of purchasing, leasing, installing, and operating qualified equipment for cold storage of COVID-19 vaccines. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Cold Storage Expansion Act of 2021''. SEC. 2. REIMBURSING HEALTH CARE PROVIDERS FOR EQUIPMENT FOR COLD STORAGE OF COVID-19 VACCINES. (a) In General.--The Secretary of Health and Human Services shall reimburse qualified health care providers for the costs of purchasing, leasing, installing, and operating qualified equipment for cold storage of COVID-19 vaccines. (b) Definitions.--In this Act: (1) The term ``COVID-19 vaccine'' means a vaccine to prevent or mitigate the virus that causes COVID-19. (2) The term ``qualified equipment'' means equipment that meets such criteria as the Food and Drug Administration may specify for cold storage of a COVID-19 vaccine. (3) The term ``qualified health care provider'' means a health care provider that-- (A) is licensed or credentialed in the jurisdiction where vaccination takes place; and (B) completes and signs the CDC COVID-19 Vaccination Program Provider Agreement. (c) Authorization of Appropriations.--To carry out this Act, there are authorized to be appropriated such sums as may be necessary, to be derived from amounts made available to the Secretary of Health and Human Services by the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136) and allocated for Operation Warp Speed. all
"H.R. 224 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 5302 Galveston Road in Houston, Texas, as the Vanessa Guillén Post 
Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr224ih/html/BILLS-117hr224ih.htm	DOC 117th CONGRESS 1st Session H. R. 224 To designate the facility of the United States Postal Service located at 5302 Galveston Road in Houston, Texas, as the ``Vanessa Guillen Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Ms. Garcia of Texas (for herself, Mr. Castro of Texas, Mr. Babin, Mr. Vela, Ms. Johnson of Texas, Ms. Jackson Lee, Mr. Roy, Mr. Veasey, Mr. Taylor, Mr. Williams of Texas, and Mr. Green of Texas) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 5302 Galveston Road in Houston, Texas, as the ``Vanessa Guillen Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VANESSA GUILLEN POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 5302 Galveston Road in Houston, Texas, shall be known and designated as the ``Vanessa Guillen Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Vanessa Guillen Post Office Building''. all
"H.R. 225 (Introduced in House)- To amend chapter 44 of title 18, United States Code, to more 
comprehensively address the interstate transportation of firearms or 
ammunition."	https://www.govinfo.gov/content/pkg/BILLS-117hr225ih/html/BILLS-117hr225ih.htm	DOC 117th CONGRESS 1st Session H. R. 225 To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Griffith introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend chapter 44 of title 18, United States Code, to more comprehensively address the interstate transportation of firearms or ammunition. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INTERSTATE TRANSPORTATION OF FIREARMS OR AMMUNITION. (a) In General.--Section 926A of title 18, United States Code, is amended to read as follows: ``Sec. 926A. Interstate transportation of firearms or ammunition ``(a) Notwithstanding any provision of any law, rule, or regulation of a State or any political subdivision thereof: ``(1) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport a firearm for any lawful purpose from any place where the person may lawfully possess, carry, or transport the firearm to any other such place if, during the transportation, the firearm is unloaded, and-- ``(A) if the transportation is by motor vehicle, the firearm is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the firearm is in a locked container other than the glove compartment or console, or is secured by a secure gun storage or safety device; or ``(B) if the transportation is by other means, the firearm is in a locked container or secured by a secure gun storage or safety device. ``(2) A person who is not prohibited by this chapter from possessing, transporting, shipping, or receiving a firearm or ammunition shall be entitled to transport ammunition, or any detachable magazine or feeding device for ammunition, for any lawful purpose from any place where the person may lawfully possess, carry, or transport the ammunition, magazine, or feeding device to any other such place if, during the transportation, the ammunition, magazine, or feeding device is not loaded into a firearm, and-- ``(A) if the transportation is by motor vehicle, the ammunition, magazine, or feeding device is not directly accessible from the passenger compartment of the vehicle, and, if the vehicle is without a compartment separate from the passenger compartment, the ammunition, magazine, or feeding device is in a locked container other than the glove compartment or console; or ``(B) if the transportation is by other means, the ammunition, magazine, or feeding device is in a locked container. ``(b) In subsection (a), the term `transport' includes staying in temporary lodging overnight, stopping for food, fuel, vehicle maintenance, an emergency, medical treatment, and any other activity incidental to the transport, but does not include transportation-- ``(1) with the intent to commit a crime punishable by imprisonment for a term exceeding one year that involves the use or threatened use of force against another; or ``(2) with knowledge, or reasonable cause to believe, that such a crime is to be committed in the course of, or arising from, the transportation. ``(c)(1) A person who is transporting a firearm, ammunition, magazine, or feeding device may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related solely to the possession, transportation, or carrying of firearms, ammunition, magazine, or feeding device unless there is probable cause to believe that the person is doing so in a manner not provided for in subsection (a). ``(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsection (a). ``(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney's fee. ``(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, section 926B or 926C, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages and other appropriate relief. ``(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee.''. (b) Clerical Amendment.--The table of sections for such chapter is amended in the item relating to section 926A by striking ``firearms'' and inserting ``firearms or ammunition''. all
"H.R. 226 (Introduced in House)- To direct the United States Postal Service to designate a single, 
unique ZIP Code for Fairlawn, Virginia, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr226ih/html/BILLS-117hr226ih.htm	DOC 117th CONGRESS 1st Session H. R. 226 To direct the United States Postal Service to designate a single, unique ZIP Code for Fairlawn, Virginia, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Griffith introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To direct the United States Postal Service to designate a single, unique ZIP Code for Fairlawn, Virginia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ZIP CODE FOR FAIRLAWN, VIRGINIA. (a) Sense of Congress.--It is the sense of Congress that-- (1) the Commonwealth of Virginia is the only State in the United States where all cities are independent from their surrounding counties; (2) these independent cities are not politically a part of the surrounding counties, even if they are located within their borders; (3) in Virginia these independent cities are subject to separate revenue collection and distribution practices related to roads, resources, and sales tax than neighboring counties; (4) the sales tax collected from electronic commerce from the unincorporated community of Fairlawn, Virginia, located in Pulaski County, is often misallocated to the independent city of Radford, Virginia, because they share the same ZIP Codes; and (5) Fairlawn, Virginia, should be eligible to obtain a separate and unique ZIP Code from the neighboring independent city of Radford, Virginia, for tax purposes. (b) ZIP Code Designation.--Not later than 180 days after the date of the enactment of this Act, the United States Postal Service shall designate a single, unique ZIP Code applicable to Fairlawn, Virginia. all
H.R. 227 (Introduced in House) - Build America Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr227ih/html/BILLS-117hr227ih.htm	DOC 117th CONGRESS 1st Session H. R. 227 To provide dedicated funding for the national infrastructure investment program and the capital investment grant program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Hastings (for himself and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide dedicated funding for the national infrastructure investment program and the capital investment grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Build America Act of 2021''. SEC. 2. NATIONAL INFRASTRUCTURE INVESTMENT PROGRAM. (a) Establishment.--The Secretary of Transportation shall carry out a national infrastructure investment program (in this section referred to as the ``program'') for capital investments in surface transportation infrastructure in accordance with the requirements of this section. (b) Discretionary Grants.--The Secretary shall distribute funds made available to carry out the program as discretionary grants to be awarded to a State, local government, or transit agency, or a collaboration among such entities, on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. (c) Eligible Projects.--Projects that are eligible for funding under the program include, at a minimum, the following: (1) Highway and bridge projects eligible under title 23, United States Code. (2) Public transportation projects eligible under chapter 53 of title 49, United States Code. (3) Passenger and freight rail transportation projects. (4) Port infrastructure investments (including inland port infrastructure and land ports of entry). (d) TIFIA.--The Secretary may use up to 20 percent of the funds made available to carry out the program for a fiscal year for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of the program. (e) Distribution of Funds.--In distributing funds provided under the program, the Secretary shall take measures to ensure-- (1) an equitable geographic distribution of funds; (2) an appropriate balance in addressing the needs of urban and rural areas; and (3) investment in a variety of transportation modes. (f) Fair Consideration.--The Secretary shall ensure that-- (1) eligible projects receive fair consideration under the program; and (2) funds made available to carry out the program are used to provide funding for eligible projects to the maximum extent practicable. (g) Grant Amounts.--A grant funded under the program shall be not less than $5,000,000 and not greater than $45,000,000. (h) Awards in Single State.--Not more than 10 percent of the funds made available under the program for a fiscal year may be awarded to projects in a single State. (i) Federal Share.--The Federal share of the costs for which an expenditure is made under the program shall be, at the option of the recipient, up to 80 percent. (j) Priority Projects.--In carrying out the program, the Secretary shall give priority to projects that require a contribution of Federal funds in order to complete an overall financing package. (k) Rural Areas.-- (1) Set aside.--Not less than 20 percent of the funds provided under the program for a fiscal year shall be for projects located in rural areas (as defined in section 101(a) of title 23, United States Code). (2) Grant amounts; federal share.--For projects located in rural areas-- (A) the minimum grant size under the program shall be $1,000,000; and (B) the Secretary may increase the Federal share of costs above 80 percent. (l) Wage Rate Requirements.--Projects conducted using funds provided under the program must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (m) Annual Competitions.--For each fiscal year, the Secretary shall conduct a new competition to select projects for grants and credit assistance awarded under the program. (n) Administrative Expenses.--To fund the award and oversight of grants and credit assistance made under the program, the Secretary may-- (1) retain up to $25,000,000 of the funds provided to carry out the program for a fiscal year, including to appoint and fix the pay of additional personnel; and (2) transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, and the Maritime Administration. (o) Period for Obligation of Funds.-- (1) In general.--Funds made available for a fiscal year to carry out the program shall remain available to the Secretary for obligation under the program for a period of 3 years after the last day of the fiscal year for which the funds are authorized. (2) Transfer of unobligated funds.--Any amounts made available to carry out the program that remain unobligated at the end of the 3-year period referred to in paragraph (1) shall be transferred to the Highway Trust Fund. (p) Funding.--There shall be available, without further appropriation, from the National Infrastructure Investment Trust Fund for expenditure by the Secretary to carry out the program $3,000,000,000 for each fiscal year. SEC. 3. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS. (a) Funding.--There shall be available from the National Infrastructure Investment Trust Fund, without further appropriation, for expenditure by the Secretary of Transportation to carry out section 5309 of title 49, United States Code, $9,000,000,000 for each fiscal year. (b) Administrative Expenses.--Of the amounts made available for a fiscal year under subsection (a) to carry out section 5309 of title 49, United States Code, the Secretary may retain not more than 1 percent of the total funds made available to carry out such section to administer the award and oversee grants made under the program, including to appoint and fix the pay of additional personnel. (c) Period for Obligation of Funds.-- (1) In general.--Funds made available for a fiscal year under subsection (a) to carry out section 5309 of title 49, United States Code, shall remain available to the Secretary for obligation under that section for a period of 4 years after the last day of the fiscal year for which the funds are authorized. (2) Transfer of unobligated funds.--Any amounts made available under subsection (a) to carry out section 5309 of title 49, United States Code, that remain unobligated at the end of the 4-year period referred to in paragraph (1) shall be deposited in the Highway Trust Fund. SEC. 4. ESTABLISHMENT OF TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following: ``SEC. 9512. NATIONAL INFRASTRUCTURE INVESTMENT TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `National Infrastructure Investment Trust Fund', consisting of such amounts as may be appropriated or credited to the National Infrastructure Investment Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to National Infrastructure Investment Trust Fund of Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the National Infrastructure Investment Trust Fund amounts equivalent to 25 percent of the portion of the taxes received in the Treasury under the rates described in clauses (i) and (iii) of section 4081(a)(2)(A), and section 4081(a)(2)(D), but only to the extent such amounts are attributable to the increase in rates under such clauses, and such section, by reason of the amendments made by section 5 of the Build America Act of 2021. For purposes of the preceding sentence, taxes received under section 4041 and 4081 shall be determined without reduction for credits under section 6426. ``(c) Expenditures From National Infrastructure Investment Trust Fund.--Amounts in the National Infrastructure Investment Trust Fund shall be available, without further appropriation, to the Secretary of Transportation for making expenditures after October 1, 2020, under section 5309 of title 49, United States Code, pursuant to the authorization in section 3 of the Build America Act of 2021.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new items: ``Sec. 9512. National Infrastructure Investment Trust Fund.''. SEC. 5. INCREASE IN TAX ON MOTOR FUELS. (a) Gasoline Other Than Aviation Gasoline.--Section 4081(a)(2)(A)(i) of the Internal Revenue Code of 1986 is amended by striking ``18.3 cents'' and inserting ``53.3 cents''. (b) Diesel Fuel or Kerosene.--Section 4081(a)(2)(A)(iii) of such Code is amended by striking ``24.3 cents'' and inserting ``59.3 cents''. (c) Increase for Inflation.--Section 4081(a)(2) of such Code is amended by adding at the end the following new subparagraph: ``(E) Adjustment for inflation.--In the case of any calendar year beginning after 2021, the rates of tax contained in clauses (i) and (iii) of subparagraph (A) shall each be increased by an amount equal to-- ``(i) such rate, multiplied by ``(ii) the cost of living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2020' for `calendar year 1992' in subparagraph (B) thereof. Any increase under the preceding sentence shall be rounded to the nearest 0.1 cents.''. (d) Diesel-Water Fuel Emulsion.--Section 4081(a)(2)(D) of such Code is amended by striking ``substituting ``19.7 cents'' for ``24.3 cents''.'' and inserting ``substituting a rate equal to 81 percent of the rate in effect for the calendar year under such subparagraph.''. (e) Effective Date.--The amendments made by this section shall apply to fuels removed, entered, or sold after October 1, 2021. SEC. 6. HIGHWAY TRUST FUND. (a) Coordination With National Infrastructure Investment Trust Fund.--Section 9503(b)(4) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'', and by adding at the end the following new subparagraph: ``(E) clauses (i) and (iii) of section 4081(a)(2)(A), and section 4081(a)(2)(D), but only to the extent of amounts equivalent to the portion of such taxes as are appropriated to the National Infrastructure Investment Trust Fund under section 9513(b).''. (b) Mass Transit Portion Adjusted.--Section 9503(e)(2)(A) of such Code is amended by striking ``2.86 cents'' and inserting ``6.25 cents''. (c) Transfer of Unobligated National Infrastructure Investment Amounts.--Section 9503(f) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (10) as paragraph (11) and by inserting after paragraph (9) the following new paragraph: ``(10) Further transfers to trust fund.-- ``(A) In general.--There is hereby appropriated to the Highway Trust Fund amounts to be transferred to the Trust Fund pursuant to sections 2(o) and 3(c)(2) of the Build America Act of 2021. ``(B) Transfer of portion to mass transit account.--From such amounts, the Secretary shall transfer to the Mass Transit Account so much as bears the same ratio to such amount as the mass transit portion (as defined in subsection (e)(2)) bears to all taxes imposed with respect to fuel by sections 4041 and 4081 and otherwise deposited into the Highway Trust Fund.''. all
H.R. 228 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 2141 Ferry Street in Anderson, California, as the Norma Comnick PostOffice Building.	https://www.govinfo.gov/content/pkg/BILLS-117hr228ih/html/BILLS-117hr228ih.htm	DOC 117th CONGRESS 1st Session H. R. 228 To designate the facility of the United States Postal Service located at 2141 Ferry Street in Anderson, California, as the ``Norma Comnick Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. LaMalfa introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 2141 Ferry Street in Anderson, California, as the ``Norma Comnick Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NORMA COMNICK POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 2141 Ferry Street in Anderson, California, shall be known and designated as the ``Norma Comnick Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Norma Comnick Post Office Building''. all
H.R. 229 (Introduced in House) - Campaign Spending Integrity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr229ih/html/BILLS-117hr229ih.htm	DOC 117th CONGRESS 1st Session H. R. 229 To amend the Federal Election Campaign Act of 1971 to prohibit a candidate for election for Federal office from using amounts contributed to the candidate's campaign to make payments to vendors owned or controlled by the candidate or by an immediate family member of the candidate. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Ruiz introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Federal Election Campaign Act of 1971 to prohibit a candidate for election for Federal office from using amounts contributed to the candidate's campaign to make payments to vendors owned or controlled by the candidate or by an immediate family member of the candidate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Campaign Spending Integrity Act''. SEC. 2. PROHIBITING USE OF CAMPAIGN FUNDS FOR PAYMENTS TO VENDORS OWNED OR CONTROLLED BY CANDIDATE OR IMMEDIATE FAMILY MEMBER. (a) Prohibition.--Section 313(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114(b)) is amended by adding at the end the following new paragraph: ``(3) Treatment of payments to vendors owned or controlled by candidate or immediate family member as conversion.-- ``(A) In general.--For purposes of paragraph (1), a contribution to an authorized committee of a candidate shall be considered to be converted to the personal use of the candidate if the contribution is used to make a payment to a vendor which is owned or controlled by the candidate or by an immediate family member of the candidate. ``(B) Determination of ownership and control.--For purposes of subparagraph (A), a vendor shall be considered to be owned or controlled by a candidate or by an immediate family member of the candidate if the candidate or the immediate family member-- ``(i) is a member of the board of directors or similar governing body of the vendor; ``(ii) directly or indirectly owns or controls more than 50 percent of the voting shares of the vendor; or ``(iii) is the beneficiary of a trust which owns or controls more than 50 percent of the voting shares of the vendor and, under the terms of the trust, can direct distributions from the trust. ``(C) Immediate family member defined.--In this paragraph, the term `immediate family member' means, with respect to a candidate, any of the following: ``(i) Spouse, and parents thereof. ``(ii) Sons and daughters, and spouses thereof. ``(iii) Parents, and spouses thereof. ``(iv) Brothers and sisters, and spouses thereof. ``(v) Grandparents and grandchildren, and spouses thereof. ``(vi) Domestic partner and parents thereof, including domestic partners of any individual in clauses (i) through (v).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to payments made on or after the date of the enactment of this Act. all
H.R. 22 (Engrossed in House) - Congressional Budget Justification Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr22eh/html/BILLS-117hr22eh.htm	DOC 117th CONGRESS 1st Session H. R. 22 _______________________________________________________________________ AN ACT To amend the Federal Funding Accountability and Transparency Act of 2006, to require the budget justifications and appropriation requests of agencies be made publicly available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Budget Justification Transparency Act of 2021''. SEC. 2. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND APPROPRIATION REQUESTS. (a) In General.--Section 3 of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note) is amended to read as follows: ``SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS. ``(a) In General.--Not less frequently than monthly when practicable, and in any event not less frequently than quarterly, the Secretary (in consultation with the Director and, with respect to information described in subsection (b)(2), the head of the applicable agency) shall ensure that updated information with respect to the information described in subsection (b) is posted on the website established under section 2. ``(b) Information To Be Posted.-- ``(1) Funds.--For any funds made available to or expended by a Federal agency or component of a Federal agency, the information to be posted shall include-- ``(A) for each appropriations account, including an expired or unexpired appropriations account, the amount-- ``(i) of budget authority appropriated; ``(ii) that is obligated; ``(iii) of unobligated balances; and ``(iv) of any other budgetary resources; ``(B) from which accounts and in what amount-- ``(i) appropriations are obligated for each program activity; and ``(ii) outlays are made for each program activity; ``(C) from which accounts and in what amount-- ``(i) appropriations are obligated for each object class; and ``(ii) outlays are made for each object class; and ``(D) for each program activity, the amount-- ``(i) obligated for each object class; and ``(ii) of outlays made for each object class. ``(2) Budget justifications.-- ``(A) Definition.--In this paragraph, the term `budget justification materials' means the annual budget justification materials of an agency that are submitted, in conjunction with the budget of the United States Government submitted under section 1105(a) of title 31, United States Code, but does not include budget justification materials that are classified. ``(B) Information.--The information to be posted shall include any budget justification materials-- ``(i) for the second fiscal year beginning after the date of enactment of this paragraph, and each fiscal year thereafter; and ``(ii) to the extent practicable, that were released for any fiscal year before the date of enactment of this paragraph. ``(C) Format.--Budget justification materials shall be posted under subparagraph (B)-- ``(i) as an open Government data asset (as defined under section 3502 of title 44, United States Code); ``(ii) in a manner that enables users to download individual reports, download all reports in bulk, and download in bulk the results of a search, to the extent practicable; and ``(iii) in a structured data format, to the extent practicable. ``(D) Deadline.--The budget justification materials required to be posted under subparagraph (B)(i) shall be posted not later than 2 weeks after the date on which the budget justification materials are first submitted to Congress. ``(E) Rule of construction.--Nothing in this paragraph shall be construed to authorize an agency to destroy any budget justification materials relating to a fiscal year before the fiscal year described in subparagraph (B)(i).''. (b) Information Regarding Agency Budget Justifications.--Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(i)(1) The Director of the Office of Management and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that submits budget justification materials, which shall include-- ``(A) the name of the agency; ``(B) a unique identifier that identifies the agency; ``(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress; ``(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006; ``(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and ``(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 in a structured data format. ``(2)(A) Each agency that submits budget justification materials shall make the materials available on the website of the agency, in accordance with the policies established by the Director of the Office of Management and Budget under subparagraph (B). ``(B) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, shall establish policies for agencies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification materials available in a format aligned with the requirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 and using a uniform resource locator that is in a consistent format across agencies and is descriptive, memorable, and pronounceable, such as the format of `agencyname.gov/budget'. ``(C) If the Director of the Office of Management and Budget maintains a public website that contains the budget of the United States Government submitted under subsection (a) and any related materials, such website shall also contain a link to the tabular list required under paragraph (1). ``(3) In this subsection, the term `budget justification materials' has the meaning given that term in section 3 of the Federal Funding Accountability and Transparency Act of 2006.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 22 _______________________________________________________________________ AN ACT To amend the Federal Funding Accountability and Transparency Act of 2006, to require the budget justifications and appropriation requests of agencies be made publicly available.
H.R. 22 (Introduced in House) - Congressional Budget Justification Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr22ih/html/BILLS-117hr22ih.htm	DOC 117th CONGRESS 1st Session H. R. 22 To amend the Federal Funding Accountability and Transparency Act of 2006, to require the budget justifications and appropriation requests of agencies be made publicly available. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Quigley (for himself, Mr. Comer, Ms. Norton, Mr. Fitzpatrick, Mr. Cooper, Mr. Khanna, and Mrs. Axne) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Federal Funding Accountability and Transparency Act of 2006, to require the budget justifications and appropriation requests of agencies be made publicly available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Budget Justification Transparency Act of 2021''. SEC. 2. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND APPROPRIATION REQUESTS. (a) In General.--Section 3 of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note) is amended to read as follows: ``SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS. ``(a) In General.--Not less frequently than monthly when practicable, and in any event not less frequently than quarterly, the Secretary (in consultation with the Director and, with respect to information described in subsection (b)(2), the head of the applicable agency) shall ensure that updated information with respect to the information described in subsection (b) is posted on the website established under section 2. ``(b) Information To Be Posted.-- ``(1) Funds.--For any funds made available to or expended by a Federal agency or component of a Federal agency, the information to be posted shall include-- ``(A) for each appropriations account, including an expired or unexpired appropriations account, the amount-- ``(i) of budget authority appropriated; ``(ii) that is obligated; ``(iii) of unobligated balances; and ``(iv) of any other budgetary resources; ``(B) from which accounts and in what amount-- ``(i) appropriations are obligated for each program activity; and ``(ii) outlays are made for each program activity; ``(C) from which accounts and in what amount-- ``(i) appropriations are obligated for each object class; and ``(ii) outlays are made for each object class; and ``(D) for each program activity, the amount-- ``(i) obligated for each object class; and ``(ii) of outlays made for each object class. ``(2) Budget justifications.-- ``(A) Definition.--In this paragraph, the term `budget justification materials' means the annual budget justification materials of an agency that are submitted, in conjunction with the budget of the United States Government submitted under section 1105(a) of title 31, United States Code, but does not include budget justification materials that are classified. ``(B) Information.--The information to be posted shall include any budget justification materials-- ``(i) for the second fiscal year beginning after the date of enactment of this paragraph, and each fiscal year thereafter; and ``(ii) to the extent practicable, that were released for any fiscal year before the date of enactment of this paragraph. ``(C) Format.--Budget justification materials shall be posted under subparagraph (B)-- ``(i) as an open Government data asset (as defined under section 3502 of title 44, United States Code); ``(ii) in a manner that enables users to download individual reports, download all reports in bulk, and download in bulk the results of a search, to the extent practicable; and ``(iii) in a structured data format, to the extent practicable. ``(D) Deadline.--The budget justification materials required to be posted under subparagraph (B)(i) shall be posted not later than 2 weeks after the date on which the budget justification materials are first submitted to Congress. ``(E) Rule of construction.--Nothing in this paragraph shall be construed to authorize an agency to destroy any budget justification materials relating to a fiscal year before the fiscal year described in subparagraph (B)(i).''. (b) Information Regarding Agency Budget Justifications.--Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(i)(1) The Director of the Office of Management and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that submits budget justification materials, which shall include-- ``(A) the name of the agency; ``(B) a unique identifier that identifies the agency; ``(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress; ``(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006; ``(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and ``(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 in a structured data format. ``(2)(A) Each agency that submits budget justification materials shall make the materials available on the website of the agency, in accordance with the policies established by the Director of the Office of Management and Budget under subparagraph (B). ``(B) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, shall establish policies for agencies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification materials available in a format aligned with the requirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 and using a uniform resource locator that is in a consistent format across agencies and is descriptive, memorable, and pronounceable, such as the format of `agencyname.gov/budget'. ``(C) If the Director of the Office of Management and Budget maintains a public website that contains the budget of the United States Government submitted under subsection (a) and any related materials, such website shall also contain a link to the tabular list required under paragraph (1). ``(3) In this subsection, the term `budget justification materials' has the meaning given that term in section 3 of the Federal Funding Accountability and Transparency Act of 2006.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 22 (Referred in Senate) - Congressional Budget Justification Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr22rfs/html/BILLS-117hr22rfs.htm	DOC 117th CONGRESS 1st Session H. R. 22 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 6, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Federal Funding Accountability and Transparency Act of 2006, to require the budget justifications and appropriation requests of agencies be made publicly available. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Budget Justification Transparency Act of 2021''. SEC. 2. PUBLIC AVAILABILITY OF BUDGET JUSTIFICATIONS AND APPROPRIATION REQUESTS. (a) In General.--Section 3 of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note) is amended to read as follows: ``SEC. 3. FULL DISCLOSURE OF FEDERAL FUNDS. ``(a) In General.--Not less frequently than monthly when practicable, and in any event not less frequently than quarterly, the Secretary (in consultation with the Director and, with respect to information described in subsection (b)(2), the head of the applicable agency) shall ensure that updated information with respect to the information described in subsection (b) is posted on the website established under section 2. ``(b) Information To Be Posted.-- ``(1) Funds.--For any funds made available to or expended by a Federal agency or component of a Federal agency, the information to be posted shall include-- ``(A) for each appropriations account, including an expired or unexpired appropriations account, the amount-- ``(i) of budget authority appropriated; ``(ii) that is obligated; ``(iii) of unobligated balances; and ``(iv) of any other budgetary resources; ``(B) from which accounts and in what amount-- ``(i) appropriations are obligated for each program activity; and ``(ii) outlays are made for each program activity; ``(C) from which accounts and in what amount-- ``(i) appropriations are obligated for each object class; and ``(ii) outlays are made for each object class; and ``(D) for each program activity, the amount-- ``(i) obligated for each object class; and ``(ii) of outlays made for each object class. ``(2) Budget justifications.-- ``(A) Definition.--In this paragraph, the term `budget justification materials' means the annual budget justification materials of an agency that are submitted, in conjunction with the budget of the United States Government submitted under section 1105(a) of title 31, United States Code, but does not include budget justification materials that are classified. ``(B) Information.--The information to be posted shall include any budget justification materials-- ``(i) for the second fiscal year beginning after the date of enactment of this paragraph, and each fiscal year thereafter; and ``(ii) to the extent practicable, that were released for any fiscal year before the date of enactment of this paragraph. ``(C) Format.--Budget justification materials shall be posted under subparagraph (B)-- ``(i) as an open Government data asset (as defined under section 3502 of title 44, United States Code); ``(ii) in a manner that enables users to download individual reports, download all reports in bulk, and download in bulk the results of a search, to the extent practicable; and ``(iii) in a structured data format, to the extent practicable. ``(D) Deadline.--The budget justification materials required to be posted under subparagraph (B)(i) shall be posted not later than 2 weeks after the date on which the budget justification materials are first submitted to Congress. ``(E) Rule of construction.--Nothing in this paragraph shall be construed to authorize an agency to destroy any budget justification materials relating to a fiscal year before the fiscal year described in subparagraph (B)(i).''. (b) Information Regarding Agency Budget Justifications.--Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(i)(1) The Director of the Office of Management and Budget shall make publicly available on a website, and continuously update, a tabular list for each fiscal year of each agency that submits budget justification materials, which shall include-- ``(A) the name of the agency; ``(B) a unique identifier that identifies the agency; ``(C) to the extent practicable, the date on which the budget justification materials of the agency are first submitted to Congress; ``(D) the date on which the budget justification materials of the agency are posted online under section 3 of the Federal Funding Accountability and Transparency Act of 2006; ``(E) the uniform resource locator where the budget justification materials are published on the website of the agency; and ``(F) a single data set that contains the information described in subparagraphs (A) through (E) with respect to the agency for all fiscal years for which budget justifications of the agency are made available under section 3 of the Federal Funding Accountability and Transparency Act of 2006 in a structured data format. ``(2)(A) Each agency that submits budget justification materials shall make the materials available on the website of the agency, in accordance with the policies established by the Director of the Office of Management and Budget under subparagraph (B). ``(B) The Director of the Office of Management and Budget, in consultation with the Secretary of the Treasury, shall establish policies for agencies relating to making available materials under subparagraph (A), which shall include guidelines for making budget justification materials available in a format aligned with the requirements of section 3(b)(2)(C) of the Federal Funding Accountability and Transparency Act of 2006 and using a uniform resource locator that is in a consistent format across agencies and is descriptive, memorable, and pronounceable, such as the format of `agencyname.gov/budget'. ``(C) If the Director of the Office of Management and Budget maintains a public website that contains the budget of the United States Government submitted under subsection (a) and any related materials, such website shall also contain a link to the tabular list required under paragraph (1). ``(3) In this subsection, the term `budget justification materials' has the meaning given that term in section 3 of the Federal Funding Accountability and Transparency Act of 2006.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 230 (Introduced in House) - Coach-Only Airfare for Capitol Hill Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr230ih/html/BILLS-117hr230ih.htm	DOC 117th CONGRESS 1st Session H. R. 230 To prohibit the use of funds provided for the official travel expenses of Members of Congress and other officers and employees of the legislative branch for airline accommodations which are not coach-class accommodations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Ruiz introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To prohibit the use of funds provided for the official travel expenses of Members of Congress and other officers and employees of the legislative branch for airline accommodations which are not coach-class accommodations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coach-Only Airfare for Capitol Hill Act of 2021''. SEC. 2. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR AIRLINE ACCOMMODATIONS OTHER THAN COACH-CLASS. (a) Prohibition.--Except as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions.--Funds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301-10.121 through 301-10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction.--Nothing in this Act may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions.-- (1) Coach-class accommodations.--In this Act, the term ``coach-class accommodations'' means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) Member of congress.--In this Act, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. SEC. 3. EFFECTIVE DATE. This Act shall apply with respect to fiscal year 2022 and each succeeding fiscal year. all
H.R. 231 (Introduced in House) - Public Service Spending Integrity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr231ih/html/BILLS-117hr231ih.htm	DOC 117th CONGRESS 1st Session H. R. 231 To prevent the enrichment of certain Government officers and employees or their families through Federal funds or contracting, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Ruiz introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To prevent the enrichment of certain Government officers and employees or their families through Federal funds or contracting, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Public Service Spending Integrity Act''. (b) Findings.--Congress finds the following: (1) Americans' trust in government is essential to our democracy. (2) Allowing public service by an elected official to seemingly converge with their own personal gain is corrosive to Americans' faith in government. (3) Members of Congress and the executive branch have substantial power and discretion over the disbursement of public funds, and with that comes the obligation to create a barrier between public service and personal gain. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS AND CONTRACTING AT BUSINESSES OWNED BY CERTAIN GOVERNMENT OFFICERS AND EMPLOYEES. (a) Limitation on Federal Funds.--Beginning in fiscal year 2021 and in each fiscal year thereafter, no Federal funds may be obligated or expended for purposes of procuring goods or services at any business owned or controlled by a covered individual or any family member of such an individual, unless such obligation or expenditure of funds is authorized under the Presidential Protection Assistance Act of 1976 (Public Law 94-524). (b) Prohibition on Contracts.--No Executive agency may enter into or hold a contract with a business owned or controlled by a covered individual or any family member of such an individual. (c) Determination of Ownership.--For purposes of this section, a business shall be deemed to be owned or controlled by a covered individual or any family member of such an individual if the covered individual or member of family (as the case may be)-- (1) is a member of the board of directors or similar governing body of the business; (2) directly or indirectly owns or controls more than 50 percent of the voting shares of the business; or (3) is the beneficiary of a trust which owns or controls more than 50 percent of the business and can direct distributions under the terms of the trust. (d) Definitions.--In this section: (1) Covered individual.--The term ``covered individual'' means-- (A) the President; (B) the Vice President; (C) the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and (D) any individual occupying a position designated by the President as a Cabinet-level position. (2) Family member.--The term ``family member'' means an individual with any of the following relationships to a covered individual: (A) Spouse, and parents thereof. (B) Sons and daughters, and spouses thereof. (C) Parents, and spouses thereof. (D) Brothers and sisters, and spouses thereof. (E) Grandparents and grandchildren, and spouses thereof. (F) Domestic partner and parents thereof, including domestic partners of any individual in paragraphs (2) through (5). (3) Executive agency.--The term ``Executive agency'' has the meaning given that term in section 105 of title 5, United States Code. all
H.R. 232 (Introduced in House) - Public Service Transparency Act	https://www.govinfo.gov/content/pkg/BILLS-117hr232ih/html/BILLS-117hr232ih.htm	DOC 117th CONGRESS 1st Session H. R. 232 To amend the Ethics in Government Act of 1978 to require the President, Vice President, and Cabinet-level officers to release their tax returns, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Ruiz introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Ethics in Government Act of 1978 to require the President, Vice President, and Cabinet-level officers to release their tax returns, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Service Transparency Act''. SEC. 2. DISCLOSURE OF TAX RETURNS BY CANDIDATES FOR PRESIDENT AND VICE PRESIDENT OR NOMINEE FOR CABINET-LEVEL POSITIONS. (a) In General.--Section 102 of the Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C. App. 102) is amended by adding at the end the following: ``(j)(1) Any report filed pursuant to section 101(c) by an individual who is a candidate for the office of President or Vice President shall include the individuals return of Federal income tax for the taxable year ending in or with the applicable calendar year covered by such report and such returns for the previous two taxable years. ``(2) Any report filed pursuant to section 101(b) by an individual who is a nominee for a Cabinet-level position shall include the individuals return of Federal income tax for the taxable year ending in or with the applicable calendar year covered by such report and such returns for the previous two taxable years. ``(3) Any report filed pursuant to section 101(d) and (e) by the President, Vice President, or any individual occupying a Cabinet-level position shall include the President's, Vice President's, or individual's (as the case may be) return of Federal income tax for the taxable year ending in or with the applicable calendar year covered by such report. ``(4) If any person covered by paragraph (1), (2), or (3) files the return for such taxable year with the Internal Revenue Service after the due date for such report, such return shall be submitted (in the same manner as such a report) not later than 30 days after such return was so filed. ``(5) In this subsection, the term `Cabinet-level position' means-- ``(A) the head of any Executive department (as that term is defined in section 101 of title 5, United States Code); and ``(B) any other position designated by the President as a position within the Cabinet.''. (b) Application.--The amendments made by subsection (a) shall apply to any individual who becomes a candidate for the office, or assumes the office, of President or Vice President, or becomes a nominee for, or assumes, a Cabinet-level position (as that term is defined in section 102(j)(5) of the Ethics in Government Act of 1978 (Public Law 95-521; 5 U.S.C. App. 102(j)(5)), as added by subsection (a)), after the date of enactment of this Act. SEC. 3. DISCLOSURE PERMITTED. (a) In General.--Section 6103(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Disclosure of tax returns under the ethics in government act of 1978.--The Director of the Office of Government Ethics may disclose returns described in section 102(j) of the Ethics in Government Act of 1978 (Public Law 95- 521; 5 U.S.C. App. 102(j)) to the extent such returns are required to be made available pursuant to such section.''. (b) Application.--The amendment made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. all
H.R. 233 (Introduced in House) - Exposing the Financing of Human Trafficking Act	https://www.govinfo.gov/content/pkg/BILLS-117hr233ih/html/BILLS-117hr233ih.htm	DOC 117th CONGRESS 1st Session H. R. 233 To amend the Trafficking Victims Protection Act of 2000 to include financial criminal activities associated with the facilitation of severe forms of trafficking in persons within the factors considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Steil (for himself and Ms. Dean) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To amend the Trafficking Victims Protection Act of 2000 to include financial criminal activities associated with the facilitation of severe forms of trafficking in persons within the factors considered as indicia of serious and sustained efforts to eliminate severe forms of trafficking in persons, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Exposing the Financing of Human Trafficking Act''. SEC. 2. INCLUSION OF FINANCIAL CRIMINAL ACTIVITIES. Subsection (b) of section 108 of the Trafficking Victims Protection Act of 2000 is amended by adding at the end the following new paragraph: ``(13) Whether the government of the country vigorously investigates, seeks to prevent, and prosecutes financial criminal activities associated with the facilitation of severe forms of trafficking in persons.''. all
H.R. 234 (Introduced in House) - Korean American Vietnam Allies Long Overdue for Relief Act	https://www.govinfo.gov/content/pkg/BILLS-117hr234ih/html/BILLS-117hr234ih.htm	DOC 117th CONGRESS 1st Session H. R. 234 To amend title 38, United States Code, to treat certain individuals who served in Vietnam as a member of the armed forces of the Republic of Korea as a veteran of the Armed Forces of the United States for purposes of the provision of health care by the Department of Veterans Affairs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Mr. Takano introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to treat certain individuals who served in Vietnam as a member of the armed forces of the Republic of Korea as a veteran of the Armed Forces of the United States for purposes of the provision of health care by the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Korean American Vietnam Allies Long Overdue for Relief Act'' or the ``Korean American VALOR Act''. SEC. 2. PROVISION OF HEALTH CARE BENEFITS FOR CERTAIN INDIVIDUALS WHO SERVED IN THE ARMED FORCES OF THE REPUBLIC OF KOREA. Section 109 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) Any person described in paragraph (2) shall be entitled to hospital and domiciliary care and medical services within the United States under chapter 17 of this title to the same extent as if the service described in such paragraph had been performed in the Armed Forces of the United States. ``(2) A person described in this paragraph is a person whom the Secretary determines meets the following criteria: ``(A) The person served in Vietnam as a member of the armed forces of the Republic of Korea at any time during the period beginning on January 9, 1962, and ending on May 7, 1975, or such other period as determined appropriate by the Secretary for purposes of this subsection. ``(B) The person became a citizen of the United States on or after the date on which such service in the armed forces of the Republic of Korea ended.''. all
H.R. 235 (Introduced in House) - Public Housing Emergency Response Act	https://www.govinfo.gov/content/pkg/BILLS-117hr235ih/html/BILLS-117hr235ih.htm	DOC 117th CONGRESS 1st Session H. R. 235 To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 6, 2021 Ms. Velazquez (for herself, Mrs. Carolyn B. Maloney of New York, Mr. Espaillat, Ms. Meng, Mr. Nadler, Ms. Ocasio-Cortez, Ms. Clarke of New York, Mr. Jeffries, Miss Rice of New York, and Mr. Suozzi) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Housing Emergency Response Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Housing is a foundational determinant of health and has been recognized as such since the early days of public health. (2) Poor housing conditions contribute to a broad range of infectious diseases, chronic diseases, injuries, childhood development complications, nutrition issues, and mental health challenges. (3) The United States Housing Act of 1937 (Public Law 75- 412) charges the Department of Housing and Urban Development (HUD) with providing residents with a decent, safe, and affordable place to live, including those that live in public housing. (4) While public housing is a federally created program overseen by HUD, the properties are owned and managed at the local level by quasi-governmental public housing authorities under contract with the Federal Government. (5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. (6) Passage of the United States Housing Act of 1937 sought to address the needs of low-income people through public housing. At the time of passage of such Act, the Nation's housing stock was of very poor quality. Public housing was a significant improvement for those who had access to it. (7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the residents' rent contributions. (8) By 1990, no significant investment in housing affordable to the lowest-income individuals had been made by the Federal Government in more than 30 years. (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276) prohibited public housing authorities from using any Federal capital funding or operating funding to develop net new housing. (10) More than a decade after the enactment of the Quality Housing and Work Responsibility Act of 1998, the number of public housing units nationally began to steadily decline, as more units were torn down than rebuilt. (11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5)--Federal capital funding has remained relatively level for more than a decade, despite an increasing backlog in unmet capital needs. (12) Today, there are approximately 1.2 million units of public housing across the country receiving Federal funding. The Nation's largest public housing authority, the New York City Public Housing Authority, houses approximately 362,000 residents in 302 developments across New York City. (13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. (14) As of October 2019, the national public housing capital repairs backlog was estimated to stand at more than $70 billion. (15) Federal disinvestment in public housing has forced many residents to live in accelerating substandard living. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40 billion. New York City Housing Authority residents suffer from a consistent lack of hot water, insufficient heat during the winter months, rodent and insect infestations, broken elevators, and widespread and recurring lead and mold problems. (16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. (17) The Centers for Disease Control and Prevention has made clear that no level of lead poisoning is safe. Lead poisoning can result in irreversible brain damage and affects every major bodily system. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. (18) Exposure to cold indoor temperatures is associated with increased risk of cardiovascular disease. (19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the Nation, including asthma, respiratory illness, and elevated blood lead levels. (20) For example, one leading study found that children living in public housing have higher odds of asthma than children living in all types of private housing, even after adjusting for individual risk factors such as minority ethnicity and race, living in a low-income household, and living in a low-income community. (21) The rise of the COVID-19 pandemic has introduced a new level of risk into our society. (22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. One leading study found that counties with a higher percentage of households with poor housing had a higher incidence of, and mortality associated with, COVID-19 and recommended targeted health policies to support individuals living in poor housing conditions in order to mitigate adverse outcomes associated with COVID-19. (23) This is a fixable public health crisis. Federal disinvestment in public housing has consequences and aging infrastructure is, in many cases, the root cause of many of these health issues for residents. (24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all Americans have a decent home and suitable living environment, as is HUD's charge. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for assistance from the Public Housing Capital Fund under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) $70,000,000,000, which amount shall remain available until expended and, notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based upon the extent of such agencies' capital need, as determined according to the agencies' most recent Physical Needs Assessment. all
H.R. 236 (Introduced in House) - To nullify the effect of Executive Order 13950 relating to combating race and sex stereotyping.	https://www.govinfo.gov/content/pkg/BILLS-117hr236ih/html/BILLS-117hr236ih.htm	DOC 117th CONGRESS 1st Session H. R. 236 To nullify the effect of Executive Order 13950 relating to combating race and sex stereotyping. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mrs. Beatty introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To nullify the effect of Executive Order 13950 relating to combating race and sex stereotyping. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RECESSION. (a) In General.--The provisions of Executive Order 13950 (85 Fed. Reg. 60683; relating to combating race and sex stereotyping) are rescinded and shall have no force or effect. (b) Effective Date.--This Act shall take effect as if enacted on September 22, 2020. all
H.R. 237 (Introduced in House) - Vote at Home Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr237ih/html/BILLS-117hr237ih.htm	DOC 117th CONGRESS 1st Session H. R. 237 To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections, to amend the National Voter Registration Act of 1993 to provide for automatic voter registration, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Blumenauer (for himself, Mr. DeFazio, Ms. Schakowsky, Ms. Norton, Mr. Pocan, Mr. Lieu, Ms. Pressley, Mr. Cooper, Mr. Schrader, Ms. Bonamici, Mr. Danny K. Davis of Illinois, Mr. Moulton, Mr. Swalwell, and Ms. Chu) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections, to amend the National Voter Registration Act of 1993 to provide for automatic voter registration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vote at Home Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls and waiting in line on the date of an election difficult or impossible. Many citizens with disabilities are physically unable to vote due to long lines, inadequate parking, no curb cuts, steep ramps, and large crowds. In 2012, 30 percent of voters with disabilities had difficulty voting, and in 2016, nearly two-thirds of the 137 polling places inspected on Election Day had at least one impediment to people with disabilities. Under current State laws, many of these voters are not permitted to vote by mail. (3) In 2020, despite a global pandemic, the general election saw record high turnout as a result of increased vote by mail options, which allowed voters to cast a ballot and stay safe at the same time. (4) 34 States and the District of Columbia currently allow universal absentee voting (also known as ``no-excuse'' absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request. No State which has implemented no-excuse absentee voting has repealed it. (5) 5 States currently hold elections entirely by mail. At least 22 States currently allow some elections to be conducted by mail, especially in large and rural jurisdictions where voting by mail is especially convenient. Polling stations in rural jurisdictions tend to have higher costs per voter, smaller staffs, and limited resources. Transportation is often a crucial barrier for rural voters. (6) In 2020, in order to provide greater accessibility and to protect the public health, 30 States adopted or changed their laws for the general election to allow voters to cast their ballots from home. These changes included removing strict excuse requirements or allowing COVID-19 concerns to be a valid excuse to vote absentee, allowing ballot drop boxes, offering prepaid postage on election mail and proactively sending all active registered voters applications to request an absentee ballot, with some even skipping that step and sending the actual ballots. (7) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (8) Voting by mail is cost effective. After the State of Oregon adopted vote by mail for all voters in 1996, the cost to administer an election in the State dropped by nearly 30 percent over the next few elections, from $3.07 per voter to $2.21 per voter. After Colorado implemented all-mail balloting in 2013, voting administration costs decreased by an average of 40 percent. The cost of conducting vote-by-mail elections is generally one-third to one-half less than conducting polling place elections. Voting by mail also saves a substantial amount by getting rid of the temporary labor costs of hiring poll workers. In addition to that cost, many jurisdictions have been facing difficulty in obtaining sufficient numbers of poll workers. (9) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. In 2016, voters in Arizona reported waiting in line from 1 to 5 hours to vote; in New York, voters reported that stations ran out of ballots and did not have staff during all of the hours scheduled for voting. (10) Voting by mail is preferable to many voters as an alternative to going to the polls. In 2018, 25.3 percent of ballots in the United States were cast by mail, up from 10 percent in 2000. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on Election Day, as it reduces the physical obstacles and eases the time constraints connected with the act of voting. (11) Despite attempts to claim that voting by mail is susceptible to fraud, it is not. Strategies such as the tracking systems for ballots and Postal Service cooperation in preventing ballots from being delivered to names not recognized as receiving mail at an address nearly eliminate the potential for fraud in vote by mail elections. Evidence of undue influence or voter coercion after vote-by-mail implementation in Oregon has been nonexistent to minimal. (12) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters' privacy while doing nothing to prevent voter fraud. (13) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. (14) Many voters choose to cast ballots early when they have the option (over 50 percent in Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Montana, Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas, Utah, and Washington). More than 40 percent of voters in the 2016 election cast their ballot before Election Day. In Oregon, 7 years after vote-by-mail election implementation, over 80 percent of voters favored the vote-by-mail system. (15) Vote-by-mail typically increases turnout in all elections, but can be particularly effective in increasing voter participation in special elections and primary elections. Oregon, Washington, and Colorado, 3 of the 5 States with entirely vote by mail systems, continue to have consistently high voter turnout rates. In the 2016 Presidential election, while the percentage of registered voters who cast a ballot nationally was 68.1 percent, Oregon's was 80.3 percent, Washington's was 78.76 percent, and Colorado's was 74.3 percent. (16) A crucial component of a modern voting system is making it easy, affordable, and accessible to register to vote. Twenty states and the District of Columbia have enacted automatic voter registration policies, with Oregon and California becoming the first to automatically register their citizens to vote when they apply for a driver's license. Automatic, permanent voter registration has the potential to increase participation, protect election integrity, and reduce registration costs. SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL ELECTIONS. (a) Voting by Mail in Federal Elections.-- (1) In general.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: ``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL. ``(a) In General.--If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. ``(b) Provision of Ballot Materials.--Not later than 2 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. ``(c) Accessibility for Individuals With Disabilities.--All ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. ``(e) Effective Date.--A State shall be required to comply with the requirements of this section with respect to elections for Federal office held in years beginning with 2022.''. (2) Conforming amendment relating to enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 303A''. (3) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: ``Sec. 303A. Promoting ability of voters to vote by mail.''. (b) Free Postage for Voting by Mail.-- (1) In general.--Chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 3407. Ballots provided for voting in Federal elections ``Blank ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 which are mailed by a State or local election official (individually or in bulk) to a voter, and voted ballots which are mailed by a voter to an election official, shall be carried expeditiously and free of postage.''. (2) Technical and conforming amendments.-- (A) Table of sections.--The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: ``3407. Ballots provided for voting in Federal elections.''. (B) Authorization of appropriations.--Section 2401(c) of title 39, United States Code, is amended by striking ``3403 through 3406'' and inserting ``3403 through 3407''. SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE AUTHORITIES. (a) Automatic Voter Registration.--Section 5 of the National Voter Registration Act of 1993 (52 U.S.C. 20504) is amended to read as follows: ``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY. ``(a) Simultaneous Application for Voter Registration and Application for Motor Vehicle Driver's License.-- ``(1) Transmission of information to election officials.-- Each State's motor vehicle authority, upon receiving any of the identifying information described in paragraph (2) with respect to any applicable individual, shall securely transmit the identifying information to the appropriate State election official. ``(2) Identifying information described.--The identifying information described in this paragraph with respect to any individual is as follows: ``(A) The individual's legal name. ``(B) The individual's age. ``(C) The individual's residence. ``(D) The individual's citizenship status. ``(E) The individual's electronic signature. ``(b) Duties of Officials Receiving Information.-- ``(1) In general.--Upon receiving the identifying information with respect to an applicable individual under subsection (a), the appropriate State election official shall determine-- ``(A) whether such individual is eligible to vote in an election for Federal office; and ``(B) whether such individual is currently registered to vote in elections for Federal office at the address provided in such identifying information. ``(2) Notification to individuals.-- ``(A) Eligible unregistered individuals.--In the case of an applicable individual who is eligible to vote in an election for Federal office and who is not currently registered to vote, the appropriate State election official shall issue a notification to the individual containing-- ``(i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual's records and signature will constitute a completed registration for the individual; and ``(ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. ``(B) Eligible individuals registered at a different address.--In the case of an applicable individual who is eligible to vote in an election for Federal office and who is registered to vote in such election at a different address than the address provided in the identifying information, the appropriate State election official shall issue a notification to the individual containing-- ``(i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar day period which begins on the date the official issued the notification that the address provided in the identifying information should not be used for voter registration purposes, the address provided in the identifying information shall be used as the individual's address for voter registration purposes; and ``(ii) a description of the process by which the individual may decline a change of address for voter registration purposes. ``(c) Automatic Registration of Eligible Individuals; Automatic Change of Address.-- ``(1) Registration.--Upon the expiration of the 21-calendar day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless-- ``(A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or ``(B) prior to the expiration of such 21-calendar day period, the individual notifies the official that the individual declines to be registered to vote in such elections. ``(2) Change of address.--Upon the expiration of the 21- calendar day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(B), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the identifying information unless-- ``(A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or ``(B) prior to the expiration of such 21-calendar day period, the individual notifies the official that the individual declines a change of address for voter registration purposes. ``(d) Applicable Individual.--For purposes of this section, the term `applicable individual' means any individual who seeks assistance from, receives benefits from, or receives service or assistance from a State motor vehicle authority that issues motor vehicle driver's licenses.''. (b) Conforming Amendment Relating to Timing of Registration Prior to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C. 20507(a)(1)(A)) is amended to read as follows: ``(A) in the case of registration through a motor vehicle authority under section 5, if the identifying information with respect to the individual is transmitted by the authority to the appropriate State election official under section 5(a)(1) not later than the lesser of 30 days, or the period provided by State law, before the date of the election;''. (c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52 U.S.C. 20503(a)(1)) is amended to read as follows: ``(1) through the State motor vehicle authority pursuant to section 5;''. (d) Effective Date.--The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act. all
H.R. 238 (Introduced in House) - Katherine’s Lung Cancer Early Detection and Survival Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr238ih/html/BILLS-117hr238ih.htm	DOC 117th CONGRESS 1st Session H. R. 238 To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide benefits for lung cancer screenings for certain individuals without the imposition of cost sharing. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Brendan F. Boyle of Pennsylvania (for himself, Mr. DeSaulnier, and Mr. Lowenthal) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide benefits for lung cancer screenings for certain individuals without the imposition of cost sharing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Katherine's Lung Cancer Early Detection and Survival Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Lung cancer is the number 1 killer of all cancers. (2) Lung cancer causes more deaths than prostate cancer, breast cancer, and colorectal cancer combined. (3) The reason for the extremely low 5-year survival rate in lung cancer patients is the difficulty to find it at early stages (as patients have no symptoms at early stages). (4) For all stages of lung cancer, the overall 5-year survival rate is 19 percent, while such rate is 98 percent for prostate cancer and 90 percent for breast cancer (all stages). (5) Early detection of lung cancer through screening could dramatically increase survival rates for patients. (6) Current law mandates free screening for breast cancer, prostate cancer, and colorectal cancer at much earlier ages than for lung cancer, regardless of preexisting conditions of the individual to be screened. (7) Free screening starts at age 40 for breast cancer but for lung cancer does not start until age 55, and then and only for those with a history of smoking thirty or more packs of cigarettes per year. (8) This Act would save lives and money through early detection of lung cancer by starting free screening at age 40. SEC. 3. REQUIRING COVERAGE OF LUNG CANCER SCREENINGS FOR CERTAIN INDIVIDUALS WITHOUT COST SHARING. (a) In General.--Section 2713(a) of the Public Health Service Act (42 U.S.C. 300gg-13(a)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting a semicolon; (3) in paragraph (4), by striking the period at the end and inserting ``; and''; (4) by redesignating paragraph (5) as paragraph (6); and (5) by inserting after paragraph (4) the following new paragraph: ``(5) with respect to individuals 40 years of age or older, lung cancer screenings, regardless of the smoking history (if any) of such an individual.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2022. all
H.R. 239 (Engrossed in House) - Equal Access to Contraception for Veterans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr239eh/html/BILLS-117hr239eh.htm	DOC 117th CONGRESS 1st Session H. R. 239 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Contraception for Veterans Act''. SEC. 2. LIMITATION ON COPAYMENTS FOR CONTRACEPTION. Section 1722A(a)(2) of title 38, United States Code, is amended-- (1) by striking ``to pay'' and all that follows through the period and inserting ``to pay--''; and (2) by adding at the end the following new subparagraphs: ``(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or ``(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-13(a)(4)).''. Passed the House of Representatives June 24, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 239 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes.
H.R. 239 (Introduced in House) - Equal Access to Contraception for Veterans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr239ih/html/BILLS-117hr239ih.htm	DOC 117th CONGRESS 1st Session H. R. 239 To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Brownley (for herself, Ms. Speier, Ms. DelBene, Mr. Deutch, Ms. Lee of California, Ms. Castor of Florida, Ms. Jayapal, Mr. Grijalva, Ms. Lois Frankel of Florida, Ms. Moore of Wisconsin, Mr. Sires, Ms. Norton, Ms. Schakowsky, Mr. Pappas, Ms. DeGette, Mrs. Hayes, Mr. Cohen, Mrs. Carolyn B. Maloney of New York, and Ms. Chu) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Contraception for Veterans Act''. SEC. 2. LIMITATION ON COPAYMENTS FOR CONTRACEPTION. Section 1722A(a)(2) of title 38, United States Code, is amended-- (1) by striking ``to pay'' and all that follows through the period and inserting ``to pay--''; and (2) by adding at the end the following new subparagraphs: ``(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or ``(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-13(a)(4)).''. all
H.R. 239 (Referred in Senate) - Equal Access to Contraception for Veterans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr239rfs/html/BILLS-117hr239rfs.htm	DOC 117th CONGRESS 1st Session H. R. 239 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 12, 2021 Received; read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ AN ACT To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Contraception for Veterans Act''. SEC. 2. LIMITATION ON COPAYMENTS FOR CONTRACEPTION. Section 1722A(a)(2) of title 38, United States Code, is amended-- (1) by striking ``to pay'' and all that follows through the period and inserting ``to pay--''; and (2) by adding at the end the following new subparagraphs: ``(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or ``(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-13(a)(4)).''. Passed the House of Representatives June 24, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 239 (Reported in House) - Equal Access to Contraception for Veterans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr239rh/html/BILLS-117hr239rh.htm	DOC Union Calendar No. 42 117th CONGRESS 1st Session H. R. 239 To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Brownley (for herself, Ms. Speier, Ms. DelBene, Mr. Deutch, Ms. Lee of California, Ms. Castor of Florida, Ms. Jayapal, Mr. Grijalva, Ms. Lois Frankel of Florida, Ms. Moore of Wisconsin, Mr. Sires, Ms. Norton, Ms. Schakowsky, Mr. Pappas, Ms. DeGette, Mrs. Hayes, Mr. Cohen, Mrs. Carolyn B. Maloney of New York, and Ms. Chu) introduced the following bill; which was referred to the Committee on Veterans' Affairs June 14, 2021 Additional sponsors: Mr. Nadler, Ms. Kuster, Mr. Tonko, Ms. Strickland, Ms. Pingree, Mr. Casten, Ms. Velazquez, Mr. Price of North Carolina, Ms. Clarke of New York, Mr. Keating, Mr. Khanna, Mrs. Kirkpatrick, Ms. Jackson Lee, Mr. Jones, Mr. San Nicolas, Ms. Houlahan, Mr. Espaillat, Mrs. Lawrence, Mr. Cooper, Mr. Morelle, Mr. Lowenthal, Ms. Jacobs of California, Mr. Blumenauer, Ms. Matsui, Mr. Brown, Mr. Lawson of Florida, Mr. Trone, Mr. Cicilline, Mr. Ryan, Mr. Gallego, Mr. Carbajal, Mr. Welch, Ms. Pressley, Ms. Blunt Rochester, Mr. Pocan, Mrs. Napolitano, Mr. Auchincloss, Ms. Bonamici, Mr. Hastings, Ms. Titus, Ms. Barragan, Mrs. Axne, Mr. Kilmer, Mr. Swalwell, Ms. Newman, Mr. Larsen of Washington, Mr. Garcia of Illinois, Mr. Lamb, Mr. Stanton, Mr. Foster, Mr. Bishop of Georgia, Mr. Himes, Mr. Phillips, Mr. Perlmutter, Mr. Allred, Mr. Neguse, Mr. Cleaver, and Ms. Williams of Georgia June 14, 2021 Reported from the Committee on Veterans' Affairs; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Contraception for Veterans Act''. SEC. 2. LIMITATION ON COPAYMENTS FOR CONTRACEPTION. Section 1722A(a)(2) of title 38, United States Code, is amended-- (1) by striking ``to pay'' and all that follows through the period and inserting ``to pay--''; and (2) by adding at the end the following new subparagraphs: ``(A) an amount in excess of the cost to the Secretary for medication described in paragraph (1); or ``(B) an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg-13(a)(4)).''. Union Calendar No. 42 117th CONGRESS 1st Session H. R. 239 _______________________________________________________________________ A BILL To amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes. _______________________________________________________________________ June 14, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 23 (Engrossed in House) - Inspector General Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr23eh/html/BILLS-117hr23eh.htm	DOC 117th CONGRESS 1st Session H. R. 23 _______________________________________________________________________ AN ACT To require congressional notification for certain changes in status of inspectors general, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Protection Act''. SEC. 2. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR GENERAL. (a) Change in Status of Inspector General of Offices.--Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by inserting ``, is placed on paid or unpaid non-duty status,'' after ``is removed from office''; (2) by inserting ``, change in status,'' after ``any such removal''; and (3) by inserting ``, change in status,'' after ``before the removal''. (b) Change in Status of Inspector General of Designated Federal Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by inserting ``, is placed on paid or unpaid non-duty status,'' after ``office''; (2) by inserting ``, change in status,'' after ``any such removal''; and (3) by inserting ``, change in status,'' after ``before the removal''. (c) Effective Date.--The amendments made by this section shall take effect 30 days after the date of the enactment of this Act. SEC. 3. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section: ``Sec. 3349e. Presidential explanation of failure to nominate an Inspector General ``If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing-- ``(1) the reasons why the President has not yet made a formal nomination; and ``(2) a target date for making a formal nomination.''. (b) Clerical Amendment.--The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item: ``3349e. Presidential explanation of failure to nominate an Inspector General.''. (c) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 23 _______________________________________________________________________ AN ACT To require congressional notification for certain changes in status of inspectors general, and for other purposes.
H.R. 23 (Introduced in House) - Inspector General Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr23ih/html/BILLS-117hr23ih.htm	DOC 117th CONGRESS 1st Session H. R. 23 To require congressional notification for certain changes in status of inspectors general, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Lieu (for himself and Mr. Hice of Georgia) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require congressional notification for certain changes in status of inspectors general, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Protection Act''. SEC. 2. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR GENERAL. (a) Change in Status of Inspector General of Offices.--Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by inserting ``, is placed on paid or unpaid non-duty status,'' after ``is removed from office''; (2) by inserting ``, change in status,'' after ``any such removal''; and (3) by inserting ``, change in status,'' after ``before the removal''. (b) Change in Status of Inspector General of Designated Federal Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by inserting ``, is placed on paid or unpaid non-duty status,'' after ``office''; (2) by inserting ``, change in status,'' after ``any such removal''; and (3) by inserting ``, change in status,'' after ``before the removal''. (c) Effective Date.--The amendments made by this section shall take effect 30 days after the date of the enactment of this Act. SEC. 3. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section: ``Sec. 3349e. Presidential explanation of failure to nominate an Inspector General ``If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing-- ``(1) the reasons why the President has not yet made a formal nomination; and ``(2) a target date for making a formal nomination.''. (b) Clerical Amendment.--The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item: ``3349e. Presidential explanation of failure to nominate an Inspector General.''. (c) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 23 (Referred in Senate) - Inspector General Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr23rfs/html/BILLS-117hr23rfs.htm	DOC 117th CONGRESS 1st Session H. R. 23 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 6, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To require congressional notification for certain changes in status of inspectors general, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inspector General Protection Act''. SEC. 2. CONGRESSIONAL NOTIFICATION OF CHANGE IN STATUS OF INSPECTOR GENERAL. (a) Change in Status of Inspector General of Offices.--Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by inserting ``, is placed on paid or unpaid non-duty status,'' after ``is removed from office''; (2) by inserting ``, change in status,'' after ``any such removal''; and (3) by inserting ``, change in status,'' after ``before the removal''. (b) Change in Status of Inspector General of Designated Federal Entities.--Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by inserting ``, is placed on paid or unpaid non-duty status,'' after ``office''; (2) by inserting ``, change in status,'' after ``any such removal''; and (3) by inserting ``, change in status,'' after ``before the removal''. (c) Effective Date.--The amendments made by this section shall take effect 30 days after the date of the enactment of this Act. SEC. 3. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE AN INSPECTOR GENERAL. (a) In General.--Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section: ``Sec. 3349e. Presidential explanation of failure to nominate an Inspector General ``If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing-- ``(1) the reasons why the President has not yet made a formal nomination; and ``(2) a target date for making a formal nomination.''. (b) Clerical Amendment.--The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item: ``3349e. Presidential explanation of failure to nominate an Inspector General.''. (c) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 240 (Engrossed in House) - Homeless Veterans with Children Reintegration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr240eh/html/BILLS-117hr240eh.htm	DOC 117th CONGRESS 1st Session H. R. 240 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services to homeless veterans with dependents in carrying out homeless veterans reintegration programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans with Children Reintegration Act''. SEC. 2. PRIORITY UNDER HOMELESS VETERANS REINTEGRATION PROGRAMS FOR HOMELESS VETERANS WITH DEPENDENTS. (a) Priority for Homeless Veterans With Dependent Children.-- Subsection (a) of section 2021 of title 38, United States Code, is amended-- (1) by striking ``Subject to'' and inserting ``(1) Subject to''; (2) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; and (3) by adding at the end the following new paragraph: ``(2) In conducting programs under this section, the Secretary shall prioritize the provision of services to homeless veterans with dependents.''. (b) Additional Reporting Requirements.--Subsection (d) of such section is amended-- (1) by striking ``the report an evaluation of services'' and all that follows and inserting ``each such report--''; and (2) by adding at the end the following: ``(1) an evaluation of services furnished to veterans under this section and an analysis of the information collected under subsection (b); ``(2) an analysis of any gaps in access to shelter, safety, and services for homeless veterans with dependent children; and ``(3) recommendations for improving any gaps identified under paragraph (2).''. Passed the House of Representatives May 18, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 240 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services to homeless veterans with dependents in carrying out homeless veterans reintegration programs, and for other purposes.
H.R. 240 (Introduced in House) - Homeless Veterans with Children Reintegration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr240ih/html/BILLS-117hr240ih.htm	DOC 117th CONGRESS 1st Session H. R. 240 To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services to homeless veterans with dependents in carrying out homeless veterans reintegration programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Brownley (for herself, Ms. Lee of California, Ms. Velazquez, Mrs. McBath, Ms. Chu, Ms. Jackson Lee, and Mrs. Radewagen) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services to homeless veterans with dependents in carrying out homeless veterans reintegration programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans with Children Reintegration Act''. SEC. 2. PRIORITY UNDER HOMELESS VETERANS REINTEGRATION PROGRAMS FOR HOMELESS VETERANS WITH DEPENDENTS. (a) Priority for Homeless Veterans With Dependent Children.-- Subsection (a) of section 2021 of title 38, United States Code, is amended-- (1) by striking ``Subject to'' and inserting ``(1) Subject to''; (2) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; and (3) by adding at the end the following new paragraph: ``(2) In conducting programs under this section, the Secretary shall prioritize the provision of services to homeless veterans with dependents.''. (b) Additional Reporting Requirements.--Subsection (d) of such section is amended-- (1) by striking ``the report an evaluation of services'' and all that follows and inserting ``each such report--''; and (2) by adding at the end the following: ``(1) an evaluation of services furnished to veterans under this section and an analysis of the information collected under subsection (b); ``(2) an analysis of any gaps in access to shelter, safety, and services for homeless veterans with dependent children; and ``(3) recommendations for improving any gaps identified under paragraph (2).''. all
H.R. 240 (Referred in Senate) - Homeless Veterans with Children Reintegration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr240rfs/html/BILLS-117hr240rfs.htm	DOC 117th CONGRESS 1st Session H. R. 240 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 19, 2021 Received; read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ AN ACT To amend title 38, United States Code, to direct the Secretary of Labor to prioritize the provision of services to homeless veterans with dependents in carrying out homeless veterans reintegration programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeless Veterans with Children Reintegration Act''. SEC. 2. PRIORITY UNDER HOMELESS VETERANS REINTEGRATION PROGRAMS FOR HOMELESS VETERANS WITH DEPENDENTS. (a) Priority for Homeless Veterans With Dependent Children.-- Subsection (a) of section 2021 of title 38, United States Code, is amended-- (1) by striking ``Subject to'' and inserting ``(1) Subject to''; (2) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; and (3) by adding at the end the following new paragraph: ``(2) In conducting programs under this section, the Secretary shall prioritize the provision of services to homeless veterans with dependents.''. (b) Additional Reporting Requirements.--Subsection (d) of such section is amended-- (1) by striking ``the report an evaluation of services'' and all that follows and inserting ``each such report--''; and (2) by adding at the end the following: ``(1) an evaluation of services furnished to veterans under this section and an analysis of the information collected under subsection (b); ``(2) an analysis of any gaps in access to shelter, safety, and services for homeless veterans with dependent children; and ``(3) recommendations for improving any gaps identified under paragraph (2).''. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 241 (Engrossed in House) - Tropical Forest and Coral Reef Conservation Reauthorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr241eh/html/BILLS-117hr241eh.htm	DOC 117th CONGRESS 1st Session H. R. 241 _______________________________________________________________________ AN ACT To reauthorize the Tropical Forest and Coral Reef Conservation Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tropical Forest and Coral Reef Conservation Reauthorization Act of 2021''. SEC. 2. REAUTHORIZATION. Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new paragraphs: ``(9) $20,000,000 for fiscal year 2022. ``(10) $20,000,000 for fiscal year 2023. ``(11) $20,000,000 for fiscal year 2024. ``(12) $20,000,000 for fiscal year 2025. ``(13) $20,000,000 for fiscal year 2026.''. Passed the House of Representatives April 19, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 241 _______________________________________________________________________ AN ACT To reauthorize the Tropical Forest and Coral Reef Conservation Act of 1998.
H.R. 241 (Introduced in House) - Tropical Forest and Coral Reef Conservation Reauthorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr241ih/html/BILLS-117hr241ih.htm	DOC 117th CONGRESS 1st Session H. R. 241 To reauthorize the Tropical Forest and Coral Reef Conservation Act of 1998. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Chabot (for himself and Mr. Sherman) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To reauthorize the Tropical Forest and Coral Reef Conservation Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tropical Forest and Coral Reef Conservation Reauthorization Act of 2021''. SEC. 2. REAUTHORIZATION. Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new paragraphs: ``(9) $20,000,000 for fiscal year 2022. ``(10) $20,000,000 for fiscal year 2023. ``(11) $20,000,000 for fiscal year 2024. ``(12) $20,000,000 for fiscal year 2025. ``(13) $20,000,000 for fiscal year 2026.''. all
H.R. 241 (Placed on Calendar Senate) - Tropical Forest and Coral Reef Conservation Reauthorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr241pcs/html/BILLS-117hr241pcs.htm	DOC Calendar No. 47 117th CONGRESS 1st Session H. R. 241 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 20, 2021 Received; read twice and placed on the calendar _______________________________________________________________________ AN ACT To reauthorize the Tropical Forest and Coral Reef Conservation Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tropical Forest and Coral Reef Conservation Reauthorization Act of 2021''. SEC. 2. REAUTHORIZATION. Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at the end the following new paragraphs: ``(9) $20,000,000 for fiscal year 2022. ``(10) $20,000,000 for fiscal year 2023. ``(11) $20,000,000 for fiscal year 2024. ``(12) $20,000,000 for fiscal year 2025. ``(13) $20,000,000 for fiscal year 2026.''. Passed the House of Representatives April 19, 2021. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 47 117th CONGRESS 1st Session H. R. 241 _______________________________________________________________________ AN ACT To reauthorize the Tropical Forest and Coral Reef Conservation Act of 1998. _______________________________________________________________________ April 20, 2021 Received; read twice and placed on the calendar
H.R. 242 (Introduced in House) - Protecting Homeowners in Bankruptcy Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr242ih/html/BILLS-117hr242ih.htm	DOC 117th CONGRESS 1st Session H. R. 242 To amend title 11 of the United States Code to increase the amount of the allowable homestead exemption. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Dean (for herself and Mr. Nadler) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 11 of the United States Code to increase the amount of the allowable homestead exemption. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Homeowners in Bankruptcy Act of 2021''. SEC. 2. INCREASING THE HOMESTEAD EXEMPTION. Section 522 of title 11 of the United States code, is amended-- (1) in subsection (d)(1) by striking ``$15,000'' and inserting ``$100,000''; and (2) by adding at the end the following: ``(r) Notwithstanding any other provision of applicable nonbankruptcy law, a debtor in any State may exempt from property of the estate the property described in subsection (d)(1) not to exceed the value in subsection (d)(1) if the exemption for such property permitted by applicable nonbankruptcy law is lower than that amount.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendments.--The amendments made by this Act shall not apply to cases commenced under title of the United States Code before the effective date of this Act. all
H.R. 243 (Introduced in House) - Title X Abortion Provider Prohibition Act	https://www.govinfo.gov/content/pkg/BILLS-117hr243ih/html/BILLS-117hr243ih.htm	DOC 117th CONGRESS 1st Session H. R. 243 To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Foxx (for herself, Mr. Aderholt, Mr. Budd, Mr. Westerman, Mr. Joyce of Pennsylvania, Mr. Lamborn, Mr. Norman, Mr. Fleischmann, Mr. Palazzo, Mr. Brooks, Mr. Wittman, Mr. Austin Scott of Georgia, Mr. Mooney, Mr. Duncan, Mr. Posey, Mr. Gaetz, Mr. Hudson, Mr. Long, Mr. Allen, Mr. Grothman, Mr. Latta, Mrs. Hinson, Mr. Scalise, Mr. Waltz, Mr. Rouzer, Mr. Gosar, Mr. Kelly of Pennsylvania, Mrs. Walorski, Mr. Guthrie, Mr. Williams of Texas, Mr. Banks, Mr. Babin, Mr. Pfluger, Mr. Fulcher, Mr. Rogers of Alabama, Mr. Luetkemeyer, Mr. Reschenthaler, Mr. Kustoff, Mr. Feenstra, Mr. Murphy of North Carolina, Mr. Jordan, Mr. Johnson of Ohio, Mr. Bucshon, Mr. LaMalfa, Mr. Rutherford, Mr. Bergman, Mr. McHenry, Mrs. Harshbarger, Mrs. Fischbach, Mr. Higgins of Louisiana, Mr. Cloud, Mr. Barr, Mr. Steube, Mr. Smith of Missouri, Mr. McKinley, Mr. Jackson, Mr. Hagedorn, Mr. Mullin, Mr. Burchett, Mr. Harris, Mr. Moore of Alabama, Mr. Bishop of North Carolina, Mr. Carl, Mr. Emmer, Mr. Dunn, Mr. Guest, Mr. Weber of Texas, Mr. Gibbs, Mr. Kelly of Mississippi, Mrs. Cammack, Mr. Biggs, Mr. Arrington, Mrs. Lesko, Mr. C. Scott Franklin of Florida, Mrs. Hartzler, Mr. Timmons, Mrs. Boebert, Mr. Buck, Mr. Smucker, and Mr. Wright) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Title X Abortion Provider Prohibition Act''. SEC. 2. PROHIBITION ON ABORTION. Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amended by adding at the end the following: ``SEC. 1009. ADDITIONAL PROHIBITION REGARDING ABORTION. ``(a) Prohibition.--The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. ``(b) Exception.--Subsection (a) does not apply with respect to an abortion where-- ``(1) the pregnancy is the result of rape or incest; or ``(2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself. ``(c) Hospitals.--Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non- hospital entity that performs an abortion (other than an abortion described in subsection (b)). ``(d) Annual Report.--Not later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to the Congress containing-- ``(1) a list of each entity receiving a grant under this title; ``(2) for each such entity performing abortions under the exceptions described in subsection (b)-- ``(A) the total number of such abortions; ``(B) the number of such abortions where the pregnancy is the result of rape; ``(C) the number of such abortions where the pregnancy is the result of incest; and ``(D) the number of such abortions where a physician provides a certification described in subsection (b)(2); ``(3) a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and ``(4) a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title. ``(e) Definitions.--In this section: ``(1) The term `entity' means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity. ``(2) The term `hospital' has the meaning given to such term in section 1861(e) of the Social Security Act.''. all
H.R. 244 (Introduced in House) - Executive Branch Conflict of Interest Act	https://www.govinfo.gov/content/pkg/BILLS-117hr244ih/html/BILLS-117hr244ih.htm	DOC 117th CONGRESS 1st Session H. R. 244 To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Gomez (for himself and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To strengthen and enhance certain ethics requirements for the Federal Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Executive Branch Conflict of Interest Act''. SEC. 2. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT SERVICE. Section 209 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``any salary'' and inserting ``any salary (including a bonus)''; and (2) in subsection (b)-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) For purposes of paragraph (1), a pension, retirement, group life, health or accident insurance, profit-sharing, stock bonus, or other employee welfare or benefit plan that makes payment of any portion of compensation contingent on accepting a position in the United States Government shall not be considered bona fide.''. SEC. 3. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR. (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``TITLE VI--ENHANCED REQUIREMENTS FOR CERTAIN EMPLOYEES ``SEC. 601. DEFINITIONS. ``In this title: ``(1) Covered agency.--The term `covered agency'-- ``(A) means an Executive agency, as defined in section 105 of title 5, United States Code, the Postal Service and the Postal Rate Commission, but does not include the Government Accountability Office or the Government of the District of Columbia; and ``(B) shall include the Executive Office of the President. ``(2) Covered employee.--The term `covered employee' means an officer or employee referred to in paragraph (2) of section 207(c) of title 18, United States Code. ``(3) Director.--The term `Director' means the Director of the Office of Government Ethics. ``(4) Executive branch.--The term `executive branch' has the meaning given that term in section 109. ``(5) Former client.--The term `former client'-- ``(A) means a person for whom a covered employee served personally as an agent, attorney, or consultant during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) instances in which the service provided was limited to a speech or similar appearance by the covered employee; or ``(ii) a client of the former employer of the covered employee to whom the covered employee did not personally provide such services. ``(6) Former employer.--The term `former employer'-- ``(A) means a person for whom a covered employee served as an employee, officer, director, trustee, or general partner during the 2-year period ending on the date before the date on which the covered employee begins service in the Federal Government; and ``(B) does not include-- ``(i) an entity in the Federal Government, including an executive branch agency; ``(ii) a State or local government; ``(iii) the District of Columbia; ``(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or ``(v) the government of a territory or possession of the United States. ``(7) Particular matter.--The term `particular matter' has the meaning given that term in section 207(i) of title 18, United States Code. ``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS. ``(a) In General.--A covered employee may not use, or attempt to use, the official position of the covered employee to participate in a particular matter in which the covered employee knows a former employer or former client of the covered employee has a financial interest. ``(b) Waiver.-- ``(1) In general.--The head of the covered agency employing a covered employee, in consultation with the Director, may grant a written waiver of the restrictions under subsection (a) prior to engaging in the action otherwise prohibited by subsection (a) if, and to the extent that, the head of the covered agency certifies in writing that-- ``(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or ``(B) it is in the public interest to grant the waiver. ``(2) Publication.--The head of the covered agency shall provide a waiver under paragraph (1) to the Director and post the waiver on the website of the agency within 30 calendar days after granting such waiver. ``SEC. 603. PENALTIES AND INJUNCTIONS. ``(a) Criminal Penalties.-- ``(1) In general.--Any person who violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. ``(2) Willful violations.--Any person who willfully violates section 602 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. ``(b) Civil Enforcement.-- ``(1) In general.--The Attorney General may bring a civil action in an appropriate district court of the United States against any person who violates, or whom the Attorney General has reason to believe is engaging in conduct that violates, section 602. ``(2) Civil penalty.-- ``(A) In general.--If the court finds by a preponderance of the evidence that a person violated section 602, the court shall impose a civil penalty of not more than the greater of-- ``(i) $100,000 for each violation; or ``(ii) the amount of compensation the person received or was offered for the conduct constituting the violation. ``(B) Rule of construction.--A civil penalty under this subsection may be in addition to any other criminal or civil statutory, common law, or administrative remedy available to the United States or any other person. ``(3) Injunctive relief.-- ``(A) In general.--In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602. ``(B) Standard.--The court may issue an order under subparagraph (A) if the court finds by a preponderance of the evidence that the conduct of the person violates section 602. ``(C) Rule of construction.--The filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy that is available by law to the United States or any other person.''. SEC. 4. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT FROM GOVERNMENT CONTRACTORS. (a) Expansion of Prohibition on Acceptance by Former Officials of Compensation From Contractors.--Section 2104 of title 41, United States Code, is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``or consultant'' and inserting ``attorney, consultant, subcontractor, or lobbyist''; and (ii) by striking ``one year'' and inserting ``2 years''; and (B) in paragraph (3), by striking ``personally made for the Federal agency'' and inserting ``participated personally and substantially in''; and (2) by striking subsection (b) and inserting the following: ``(b) Prohibition on Compensation From Affiliates and Subcontractors.--A former official responsible for a Government contract referred to in paragraph (1), (2), or (3) of subsection (a) may not accept compensation for 2 years after awarding the contract from any division, affiliate, or subcontractor of the contractor.''. (b) Requirement for Procurement Officers To Disclose Job Offers Made on Behalf of Relatives.--Section 2103(a) of title 41, United States Code, is amended in the matter preceding paragraph (1) by inserting after ``that official'' the following: ``, or for a relative (as defined in section 3110 of title 5) of that official,''. (c) Requirement on Award of Government Contracts to Former Employers.-- (1) In general.--Chapter 21 of division B of subtitle I of title 41, United States Code, is amended by adding at the end the following new section: ``Sec. 2108. Prohibition on involvement by certain former contractor employees in procurements ``An employee of the Federal Government may not be personally and substantially involved with any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.''. (2) Technical and conforming amendment.--The table of sections for chapter 21 of title 41, United States Code, is amended by adding at the end the following new item: ``2108. Prohibition on involvement by certain former contractor employees in procurements.''. (d) Regulations.--The Administrator for Federal Procurement Policy and the Director of the Office of Management and Budget shall-- (1) in consultation with the Director of the Office of Personnel Management and the Counsel to the President, promulgate regulations to carry out and ensure the enforcement of chapter 21 of title 41, United States Code, as amended by this section; and (2) in consultation with designated agency ethics officials (as that term is defined in section 109(3) of the Ethics in Government Act of 1978 (5 U.S.C. App.)), monitor compliance with that chapter by individuals and agencies. SEC. 5. REVOLVING DOOR RESTRICTIONS ON EMPLOYEES MOVING INTO THE PRIVATE SECTOR. (a) In General.--Subsection (c) of section 207 of title 18, United States Code, is amended-- (1) in the subsection heading, by striking ``One-year'' and inserting ``Two-year''; (2) in paragraph (1), by striking ``1 year'' in each instance and inserting ``2 years''; and (3) in paragraph (2)(B), by striking ``1-year'' and inserting ``2-year''. (b) Application.--The amendments made by subsection (a) shall apply to any individual covered by subsection (c) of section 207 of title 18, United States Code, separating from the civil service on or after the date of enactment of this Act. SEC. 6. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. all
H.R. 245 (Introduced in House) - New Source Review Permitting Improvement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr245ih/html/BILLS-117hr245ih.htm	DOC 117th CONGRESS 1st Session H. R. 245 To amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Griffith introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend sections 111, 169, and 171 of the Clean Air Act to clarify when a physical change in, or change in the method of operation of, a stationary source constitutes a modification or construction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``New Source Review Permitting Improvement Act''. SEC. 2. CLARIFICATION OF DEFINITION OF A MODIFICATION: EMISSION RATE INCREASES, POLLUTION CONTROL, EFFICIENCY, SAFETY, AND RELIABILITY PROJECTS. Paragraph (4) of section 111(a) of the Clean Air Act (42 U.S.C. 7411(a)) is amended-- (1) by inserting ``(A)'' before ``The term''; (2) by inserting before the period at the end the following: ``. For purposes of the preceding sentence, a change increases the amount of any air pollutant emitted by such source only if the maximum hourly emission rate of an air pollutant that is achievable by such source after the change is higher than the maximum hourly emission rate of such air pollutant that was achievable by such source during any hour in the 10-year period immediately preceding the change''; and (3) by adding at the end the following: ``(B) Notwithstanding subparagraph (A), the term `modification' does not include a change at a stationary source that is designed-- ``(i) to reduce the amount of any air pollutant emitted by the source per unit of production; or ``(ii) to restore, maintain, or improve the reliability of operations at, or the safety of, the source, except, with respect to either clause (i) or (ii), when the change would be a modification as defined in subparagraph (A) and the Administrator determines that the increase in the maximum achievable hourly emission rate of a pollutant from such change would cause an adverse effect on human health or the environment.''. SEC. 3. CLARIFICATION OF DEFINITION OF CONSTRUCTION FOR PREVENTION OF SIGNIFICANT DETERIORATION. Subparagraph (C) of section 169(2) of the Clean Air Act (42 U.S.C. 7479(2)) is amended to read as follows: ``(C) The term `construction', when used in connection with a major emitting facility, includes a modification (as defined in section 111(a)) at such facility, except that for purposes of this subparagraph a modification does not include a change at a major emitting facility that does not result in a significant emissions increase, or a significant net emissions increase, in annual actual emissions at such facility.''. SEC. 4. CLARIFICATION OF DEFINITION OF MODIFICATIONS AND MODIFIED FOR NONATTAINMENT AREAS. Paragraph (4) of section 171 of the Clean Air Act (42 U.S.C. 7501) is amended to read as follows: ``(4) The terms `modifications' and `modified' mean a modification as defined in section 111(a)(4), except that such terms do not include a change at a major emitting facility that does not result in a significant emissions increase, or a significant net emissions increase, in annual actual emissions at such facility.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to treat any change as a modification for purposes of any provision of the Clean Air Act (42 U.S.C. 7401 et seq.) if such change would not have been so treated as of the day before the date of enactment of this Act. all
"H.R. 246 (Introduced in House)- To designate the Federal building and United States courthouse 
located at 180 West Main Street in Abingdon, Virginia, as the H. Emory 
Widener, Jr., Federal Building and United States Courthouse."	https://www.govinfo.gov/content/pkg/BILLS-117hr246ih/html/BILLS-117hr246ih.htm	DOC 117th CONGRESS 1st Session H. R. 246 To designate the Federal building and United States courthouse located at 180 West Main Street in Abingdon, Virginia, as the ``H. Emory Widener, Jr., Federal Building and United States Courthouse''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Griffith introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To designate the Federal building and United States courthouse located at 180 West Main Street in Abingdon, Virginia, as the ``H. Emory Widener, Jr., Federal Building and United States Courthouse''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION. The Federal building and United States courthouse located at 180 West Main Street in Abingdon, Virginia, shall be known and designated as the ``H. Emory Widener, Jr., Federal Building and United States Courthouse''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the ``H. Emory Widener, Jr., Federal Building and United States Courthouse''. all
H.R. 247 (Introduced in House) - Acre In, Acre Out Act	https://www.govinfo.gov/content/pkg/BILLS-117hr247ih/html/BILLS-117hr247ih.htm	DOC 117th CONGRESS 1st Session H. R. 247 To provide for no net increase in the total acreage of certain Federal land under the jurisdiction of the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service, or the Forest Service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Griffith introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for no net increase in the total acreage of certain Federal land under the jurisdiction of the Bureau of Land Management, the National Park Service, the United States Fish and Wildlife Service, or the Forest Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Acre In, Acre Out Act''. SEC. 2. NO NET INCREASE IN CERTAIN FEDERAL LANDS. (a) In General.--For acquisition of land by the Secretary of the Interior or the Secretary of Agriculture that would result in a net increase of total land acreage under the jurisdiction of the National Park Service, the United States Fish and Wildlife Service, the Bureau of Land Management, or the Forest Service, the Secretary concerned shall offer for sale an equal number of acres of Federal land that is under the same jurisdictional status. (b) Exemptions.--Subsection (a) shall not apply to easements acquired-- (1) by the Secretary of the Interior to facilitate management of Federal lands; or (2) by the Secretary of Agriculture to facilitate management of Federal lands. (c) Consideration.-- (1) In general.--Land sold pursuant to subsection (a) shall be offered for sale-- (A) at fair market value (based on local comparable sales); and (B) at a price that is reduced by 10 percent each month if the land is not sold or under contract to be sold by the date that is 6 months after the land was first offered for sale. (2) Exception.--Time periods during which land is under contract for sale or withdrawn from the market shall not be counted for the purposes of price reduction under paragraph (1)(B). (d) Existing Rights.--The sale of Federal lands pursuant to this section shall be subject to valid existing rights. (e) Proceeds of Sale of Lands.--All net proceeds from the sale of Federal lands pursuant to this section shall be deposited directly into the Treasury for reduction of the public debt. all
H.R. 248 (Introduced in House) - Farm-to-Market Road Repair Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr248ih/html/BILLS-117hr248ih.htm	DOC 117th CONGRESS 1st Session H. R. 248 To amend title 23, United States Code, to expand eligibility for the surface transportation block grant program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Hastings introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, to expand eligibility for the surface transportation block grant program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm-to-Market Road Repair Act of 2021''. SEC. 2. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. Section 133 of title 23, United States Code, is amended-- (1) in subsection (b) by adding at the end the following: ``(16) Roads in rural areas that primarily serve to transport agricultural products from a farm or ranch to a marketplace.''; and (2) in subsection (g)-- (A) in the heading by striking ``5,000'' and inserting ``50,000''; and (B) in paragraph (1) by striking ``subsection (d)(1)(A)(ii)'' and all that follows through the period at the end and inserting ``clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on roads functionally classified as rural minor collectors or local roads or on critical rural freight corridors designated under section 167(e).''. all
H.R. 249 (Introduced in House) - Protecting Federal Workers Act	https://www.govinfo.gov/content/pkg/BILLS-117hr249ih/html/BILLS-117hr249ih.htm	DOC 117th CONGRESS 1st Session H. R. 249 To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Kilmer (for himself, Mr. Fitzpatrick, and Ms. Kaptur) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Education and Labor, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide that certain Executive orders with respect to Federal employee collective bargaining and workplace rights shall have no force or effect, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Federal Workers Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Federal unions play a critical role in protecting the rights of Federal workers by allowing members to have a collective voice on the job and in the legislative process, advance issues for working families, ensure equal opportunities for all workers, and raise the standards by which all professional and technical workers are employed. (2) Collective bargaining is essential to the union process, because it provides mutual agreement between all parties that fosters harmonious relationships between the Federal Government and its employees and protects the interest of both parties. (3) The current administration has acted through Executive orders and official memorandums to dismantle Federal unions and undermine their collective bargaining rights across the Federal workforce and these directives have already negatively impacted labor contracts, both signed and under active negotiation. (4) These orders set an aggressive schedule for unions to engage in collective bargaining, while also slashing the unions official time for performing union duties by over 91 percent in some cases. These actions are limiting the ability for unions to prepare for negotiations and perform their legally required employee representational duties. (5) Section 7101(a) of title 5, United States Code, states, ``Congress finds that labor organizations and collective bargaining in the civil service are in the public interest.''. Attempting to eliminate the union by eliminating almost all its official time repudiates the statutory position that unions are in the public interest. (6) Through these orders, agencies are required to comply with artificial bargaining schedules, which undermine good faith negotiations and divert the decision making to an impasse panel, which has no union representation on it and does not represent both parties. (7) Collectively, the administration's actions have violated Congressional intent, undermined the ability of unions to engage in collective bargaining, blocked successful diversity and inclusion training programs, and threatened the rights and benefits of millions of Federal workers. SEC. 3. NULLIFICATION OF EXECUTIVE ORDERS RELATING TO FEDERAL EMPLOYEE COLLECTIVE BARGAINING. Each of the following Executive orders and presidential memorandum are rescinded and shall have no force or effect: (1) Executive Order 13837 (relating to the use of official time). (2) Executive Order 13836 (relating to Federal collective bargaining). (3) Executive Order 13839 (relating to the Merit Systems Protection Board). (4) Executive Order 13950 (relating to race and sex stereotyping). (5) Executive Order 13957 (relating to schedule F in the excepted service). (6) The Presidential Memorandum on the Delegation of Certain Authority under the Federal Service Labor-Management Relations Statute, issued to the Secretary of Defense on January 29, 2020. all
H.R. 24 (Introduced in House) - Federal Reserve Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr24ih/html/BILLS-117hr24ih.htm	DOC 117th CONGRESS 1st Session H. R. 24 To require a full audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks by the Comptroller General of the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Massie (for himself, Mr. Gaetz, Mr. Duncan, Mr. Wittman, Mr. Gosar, Mr. Fitzpatrick, Mr. Brooks, Mr. Jordan, Mrs. Rodgers of Washington, Mr. Mast, Mr. Allen, Mr. Palmer, Mr. McClintock, Mr. Perry, Mr. DesJarlais, Mr. Burchett, Mr. Lamborn, Mr. Davidson, Mr. Norman, Mr. Guthrie, Mr. Wright, Mr. Calvert, Mr. Timmons, Mr. Smith of Nebraska, Mr. Biggs, Ms. Herrera Beutler, Mr. Crawford, Mr. Carter of Georgia, Mrs. Greene of Georgia, Mr. Chabot, Mr. Griffith, Ms. Herrell, Mr. Mooney, Mr. Williams of Texas, Mr. Mullin, Mr. Webster of Florida, Mrs. Walorski, Mr. Posey, Mr. Gohmert, Mr. Taylor, Mr. Cline, Mrs. Boebert, Mr. Buck, Mr. Bacon, and Mr. Grothman) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To require a full audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks by the Comptroller General of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Reserve Transparency Act of 2021''. SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM. (a) In General.--Notwithstanding section 714 of title 31, United States Code, or any other provision of law, the Comptroller General of the United States shall complete an audit of the Board of Governors of the Federal Reserve System and the Federal reserve banks under subsection (b) of such section 714 within 12 months after the date of the enactment of this Act. (b) Report.-- (1) In general.--Not later than 90 days after the audit required pursuant to subsection (a) is completed, the Comptroller General-- (A) shall submit to Congress a report on such audit; and (B) shall make such report available to the Speaker of the House, the majority and minority leaders of the House of Representatives, the majority and minority leaders of the Senate, the Chairman and Ranking Member of the committee and each subcommittee of jurisdiction in the House of Representatives and the Senate, and any other Member of Congress who requests the report. (2) Contents.--The report under paragraph (1) shall include a detailed description of the findings and conclusion of the Comptroller General with respect to the audit that is the subject of the report, together with such recommendations for legislative or administrative action as the Comptroller General may determine to be appropriate. (c) Repeal of Certain Limitations.--Subsection (b) of section 714 of title 31, United States Code, is amended by striking the second sentence. (d) Technical and Conforming Amendments.-- (1) In general.--Section 714 of title 31, United States Code, is amended-- (A) in subsection (d)(3), by striking ``or (f)'' each place such term appears; (B) in subsection (e), by striking ``the third undesignated paragraph of section 13'' and inserting ``section 13(3)''; and (C) by striking subsection (f). (2) Federal reserve act.--Subsection (s) (relating to ``Federal Reserve Transparency and Release of Information'') of section 11 of the Federal Reserve Act (12 U.S.C. 248) is amended-- (A) in paragraph (4)(A), by striking ``has the same meaning as in section 714(f)(1)(A) of title 31, United States Code'' and inserting ``means a program or facility, including any special purpose vehicle or other entity established by or on behalf of the Board of Governors of the Federal Reserve System or a Federal reserve bank, authorized by the Board of Governors under section 13(3), that is not subject to audit under section 714(e) of title 31, United States Code''; (B) in paragraph (6), by striking ``or in section 714(f)(3)(C) of title 31, United States Code, the information described in paragraph (1) and information concerning the transactions described in section 714(f) of such title,'' and inserting ``the information described in paragraph (1)''; and (C) in paragraph (7), by striking ``and section 13(3)(C), section 714(f)(3)(C) of title 31, United States Code, and'' and inserting ``, section 13(3)(C), and''. all
H.R. 250 (Introduced in House) - January 8th National Memorial Act	https://www.govinfo.gov/content/pkg/BILLS-117hr250ih/html/BILLS-117hr250ih.htm	DOC 117th CONGRESS 1st Session H. R. 250 To authorize the Secretary of the Interior to establish the January 8\th\ National Memorial in Tucson, Arizona, as an affiliated area of the National Park System, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mrs. Kirkpatrick (for herself, Mr. O'Halleran, Mr. Grijalva, Mr. Biggs, Mr. Schweikert, Mr. Gallego, Mrs. Lesko, and Mr. Stanton) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To authorize the Secretary of the Interior to establish the January 8\th\ National Memorial in Tucson, Arizona, as an affiliated area of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``January 8\th\ National Memorial Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The tragedy of January 8, 2011, at Congresswoman Gabrielle Gifford's ``Congress on Your Corner'' event resulted in the deaths of 6 people (Christina-Taylor Green, Dorothy Morris, U.S. District Court Judge John Roll, Phyllis Schneck, Dorwan Stoddard, and Gabe Zimmerman) and injury of 13 others (Congresswoman Giffords, Bill Badger, Ron Barber, Kenneth Dorushka, James Eric Fuller, Randy Gardner, Susan Hileman, George Morris, Mary Reed, Pam Simon, Mavanell Stoddard, Jim Tucker, and Kenneth Veeder). (2) This was the first time in the history of the United States that an assassination attempt was made upon a Congressional Member while she was meeting with constituents. (3) Congresswoman Giffords sustained severe injuries that affect her to this day. (4) Gabe Zimmerman was the first Congressional staffer to be assassinated in the line of duty. (5) The Arizona community and people from all over the world came together in the days that followed the tragedy to provide comfort and support to one another at three spontaneous memorial vigil sites-- (A) the shopping center where the shooting took place; (B) the front lawn of University Medical Center, where many of the victims were treated; and (C) at Congresswoman Giffords' Tucson district office. (6) Tucson's January 8\th\ Memorial will not only be a tribute to those who died that day, but also to the local, national, and international response to the tragedy. (7) The memorial will be constructed, managed, and maintained to be a place where visitors, young and old, can learn not only about one horrific event, but about the resilience of a community and the durability of democracy in the United States. SEC. 3. JANUARY 8\TH\ NATIONAL MEMORIAL. (a) Definitions.-- (1) Memorial.--The term ``Memorial'' means the January 8\th\ National Memorial. (2) Foundation.--The term ``Foundation'' means the Tucson's January 8\th\ Memorial Foundation, an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code. (3) Map.--The term ``map'' means the map entitled ``Phase 1 Siteplan + Survey Plan'', numbered LA_2.01, and dated November 11, 2016. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) January 8\TH\ National Memorial.-- (1) Establishment.--As soon as practicable, the Secretary shall establish the Memorial as an affiliated area of the National Park System. (2) Funding.--The Foundation shall transfer to Pima County amounts equal to final funding pledges, in addition to amounts that the Foundation has raised and transferred to Pima County for construction of the Memorial. (3) Memorial construction.--The Memorial shall be constructed on property owned by Pima County. Pima County shall be responsible for managing the Memorial construction contract using funds provided by the Foundation. (4) Foundation dissolution.--The Foundation shall cease to operate after-- (A) final funding pledge amounts have been paid to Pima Country; and (B) construction of the Memorial is complete. (5) Management entity.--Pima County shall be-- (A) the management entity for the Memorial; and (B) responsible for the construction, operation, maintenance, and management of the Memorial. (6) Availability of map.--The map shall be on file and available for public inspection at the appropriate offices of the National Park Service. (7) Cooperative agreements.--The Secretary may provide technical assistance and enter into cooperative agreements with Pima County for the purpose of providing financial assistance with marketing of the Memorial. (8) Limited role of the secretary.--Nothing in this Act authorizes the Secretary to acquire property or to use Federal funds for the construction, operation, maintenance, or management of the Memorial. (9) General management plan.-- (A) In general.--The Secretary, in consultation with the Pima County, shall develop a general management plan for the Memorial. The plan shall be prepared in accordance with section 100502 of title 54, United States Code. (B) Transmittal.--Not later than 3 years after the Memorial is established by the Secretary, the Secretary shall provide of a copy of the completed general management plan to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. all
H.R. 251 (Introduced in House) - Public Service Appreciation Through Loan Forgiveness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr251ih/html/BILLS-117hr251ih.htm	DOC 117th CONGRESS 1st Session H. R. 251 To amend the Higher Education Act of 1965 to create a reduction schedule for public service loan forgiveness, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Krishnamoorthi introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Higher Education Act of 1965 to create a reduction schedule for public service loan forgiveness, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Service Appreciation Through Loan Forgiveness Act''. SEC. 2. DEPARTMENT ACTIVITIES. Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall-- (1) develop informational materials with respect to the eligibility requirements of the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)); (2) make such informational materials available on the website of the Department of Education; (3) conduct outreach to not-for-profit institutions and government organizations that regularly employ individuals eligible for such public service loan forgiveness program benefits to inform such institutions and organization of such informational materials; and (4) establish an online portal for borrowers to submit employment certification forms to certify employment in a public service job (as defined in such section 455(m)(3)). SEC. 3. PUBLIC SERVICE LOAN FORGIVENESS REDUCTION SCHEDULE. Section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended by adding at the end the following: ``(5) Reduction schedule.-- ``(A) 10 percent cancellation.--The Secretary shall cancel 10 percent of the balance of interest and principal due on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 48 monthly payments described in paragraph (1)(A); ``(ii) is employed in a public service job at the time of such cancellation; and ``(iii) has been employed in a public service job during the period in which the borrower makes each of the 48 payments described in clause (i). ``(B) 20 percent cancellation.--The Secretary shall cancel 20 percent of the balance of interest and principal due on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 72 monthly payments described in paragraph (1)(A); ``(ii) is employed in a public service job at the time of such cancellation; and ``(iii) has been employed in a public service job during the period in which the borrower makes each of the 72 payments described in clause (i). ``(C) 50 percent cancellation.--The Secretary shall cancel 50 percent of the balance of interest and principal due on any eligible Federal Direct Loan not in default for a borrower who-- ``(i) has made 96 monthly payments described in paragraph (1)(A); ``(ii) is employed in a public service job at the time of such cancellation; and ``(iii) has been employed in a public service job during the period in which the borrower makes each of the 96 payments described in clause (i). ``(D) Eligibility for further reductions allowed.-- A borrower may, for the same service, receive a reduction of loan obligations-- ``(i) under each of subparagraphs (A), (B), and (C) of this paragraph; and ``(ii) under paragraph (1).''. all
H.R. 252 (Introduced in House) - Presidential Pardon Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr252ih/html/BILLS-117hr252ih.htm	DOC 117th CONGRESS 1st Session H. R. 252 To require the publication of the name of any person pardoned by the President, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Krishnamoorthi introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the publication of the name of any person pardoned by the President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Pardon Transparency Act of 2021''. SEC. 2. PUBLICATION OF PARDONS. Not later than 3 days after the date on which the President grants any reprieve or pardon for an offence against the United States, the Attorney General shall publish in the Federal Register and on the official website of the President the following: (1) The name of the person. (2) The date on which the reprieve or pardon was issued. (3) The full text of the reprieve or pardon. all
H.R. 253 (Introduced in House) - Adult Day Center Enhancement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr253ih/html/BILLS-117hr253ih.htm	DOC 117th CONGRESS 1st Session H. R. 253 To expand and enhance existing adult day programs for younger people with neurological diseases or conditions (such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions) to support and improve access to respite services for family caregivers who are taking care of such people, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To expand and enhance existing adult day programs for younger people with neurological diseases or conditions (such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions) to support and improve access to respite services for family caregivers who are taking care of such people, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Adult Day Center Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) One in 6 people in the United States lives with a neurological disease or condition that can often result in disability, and which may require the individual to seek assistance in carrying out the activities of daily living. Neurological diseases or conditions such as multiple sclerosis (MS), early-onset Parkinson's disease, and traumatic brain injury (TBI) can also typically affect younger adults in the middle of their lives. (2) Multiple sclerosis is a chronic, often disabling disease that attacks the central nervous system with symptoms ranging from numbness in limbs to paralysis and loss of vision. Most people with MS are diagnosed between the ages of 20 and 50 years of age. MS is a leading cause of disability in young adults. Persons living with MS who experience more severe forms of the disease are likely to require either home care or nursing home placement, though the vast majority would prefer to remain at home to receive the care they need. Where home care is concerned, approximately 80 percent of such care is provided by unpaid caregivers who are generally family members. (3) Parkinson's disease is a chronic, progressive neurological disease. The four primary symptoms of Parkinson's disease are tremor, or trembling in hands, arms, legs, jaw, and face; rigidity, or stiffness of the limbs and trunk; bradykinesia, or slowness of movement; and postural instability, or impaired balance and coordination. Other symptoms may include cognitive changes; difficulty in swallowing, chewing, and speaking; urinary problems or constipation; skin problems; and sleep disruptions. As these symptoms become more pronounced, patients may have difficulty walking, talking, or completing other simple tasks. It is estimated that nearly 1,000,000,000 Americans will be living with Parkinson's by 2020 and of those 5 to 10 percent are diagnosed younger than 50 and deemed ``early-onset''. (4) Traumatic brain injury is a neurological condition that typically results from a blow or jolt to the head or a penetrating head injury and that can impact one or more parts of the brain, thereby temporarily or permanently disrupting normal brain function. The Centers for Disease Control and Prevention estimates that 153 Americans die from TBI every day, and that TBIs contribute to approximately 30 percent of all injury deaths. Traumatic brain injury is also a serious issue that affects military servicemembers. Estimates in prior military conflicts indicate that TBI was present in 14-20 percent of surviving casualties. (5) Family caregivers are a crucial source of support and assistance for individuals suffering with disabilities. Family caregivers, the majority of whom are women, provide an estimated $470,000,000,000 in unpaid services annually. The supply of family caregivers is unlikely to keep pace with future demand. The caregiver support ratio of potential caregivers aged 45 to 64 for each person aged 80 and older, for instance, is 7 to 1 in 2010, 4 to 1 in 2030, and 3 to 1 in 2050. (6) The majority of family caregivers (or 54 percent) are caring for someone ages 18 to 74. Forty-six percent of family caregivers are caring for someone 75 or older. (7) Adult day programs can offer services, including medical care, rehabilitation therapies, dignified assistance with the activities of daily living, nutrition therapy, health monitoring, social interaction, stimulating activities, and transportation to seniors, people with disabilities, and younger adults with chronic diseases. (8) Adult day programs geared toward people living with neurological diseases or conditions such as MS, Parkinson's disease, TBI, or other similar diseases or conditions provide an important response to the needs of people living with these conditions and their family caregivers. Adult day programs can help to ameliorate symptoms, reduce dependency, provide important socialization opportunities, and maintain quality of life. (9) Adult day programs have been shown to provide a range of documented benefits including improvements in functional status, social support, and reductions in fatigue, depression and pain. Adult day programs also reduce ongoing medical care and hospital costs and decrease admissions to nursing home facilities, which can be costly for many families, by allowing individuals to receive health and social services while continuing to live at home. (10) There are currently few adult day programs focused on younger adult populations in the United States. Although young people living with neurological diseases or conditions may be able to access existing adult day programs, such programs are not typically intended for younger adults living with chronic diseases or conditions, and may not provide the appropriate services to meet the age-related or disability status of these individuals. SEC. 3. ESTABLISHMENT OF ADULT DAY PROGRAMS. (a) Survey of Existing Adult Day Programs.-- (1) In general.--Not later than 90 days after the date of the enactment of this section, the Assistant Secretary for Aging shall initiate a comprehensive survey of current adult day programs that provide care and support to individuals including young adults living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or any similar disease or condition. (2) Survey elements.--In carrying out the survey under paragraph (1), the Assistant Secretary for Aging may utilize existing publicly available research on adult day programs, and shall-- (A) identify ongoing successful adult day programs, including by providing a brief description of how such programs were initially established and funded; (B) identify which adult day programs are serving young adults living with neurological diseases or conditions; (C) develop a set of best practices to help guide the establishment and replication of additional successful adult day programs, including-- (i) program guidelines; (ii) recommendations on the scope of services that should be provided to individuals with neurological diseases or conditions including young adults (which may include rehabilitation therapy, psychosocial support, social stimulation and interaction, and spiritual, educational, or other such services); and (iii) performance goals and indicators to measure and analyze the outcomes generated by the services provided and to evaluate the overall success of the program; and (D) evaluate the extent to which the Administration for Community Living supports adult day programs, either directly or indirectly, through current Federal grant programs. (3) Report.--Not later than 180 days after initiating the survey under paragraph (1), the Assistant Secretary for Aging shall produce and make publicly available a summary report on the results of the survey. Such report shall include each of the elements described in paragraph (2). (b) Establishment of Grant Program.-- (1) In general.--Not later than 90 days after producing the report required by subsection (a)(3), the Assistant Secretary for Aging shall establish within the Administration for Community Living a competitive grant program for awarding grants annually to eligible entities, based on the best practices developed under subsection (a), to fund adult day programs serving younger people with neurological diseases or conditions. (2) Eligible entities.--In order to be eligible for a grant under this subsection, an entity shall demonstrate the following: (A) Understanding of the special needs of younger people living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions, including their functional abilities and the potential complications across all types of cases and stages of such diseases or conditions. (B) Understanding of the issues experienced by family caregivers who assist a family member with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions. (C) A capacity to provide the services recommended by the best practices developed under subsection (a). (3) Additional selection requirement.--The Assistant Secretary for Aging shall not award a grant to an entity under this subsection if the amount of the award would constitute more than 40 percent of the operating budget of the entity in the fiscal year for which funds for the grant are authorized to be expended. For purposes of this subsection, the fair market value of annual in-kind contributions of equipment or services shall be considered as part of the operating budget of the entity. (4) Selection of grant recipients.--Not later than 90 days after establishing the grant program under this subsection, the Assistant Secretary for Aging shall award the first annual series of grants under the program. In awarding grants under this subsection, the Assistant Secretary should ensure, to the extent practicable, a diverse geographic representation among grant recipients and that, subject to the availability of appropriations-- (A) a minimum of 5 entities are selected as grant recipients for the first fiscal year for which such grants are awarded; (B) a minimum of 10 entities are selected as grant recipients for the second such fiscal year; (C) a minimum of 12 entities are selected as grant recipients for the third such fiscal year; and (D) a minimum of 15 entities are selected as grant recipients for the fourth such fiscal year. (5) Report.--No later than 1 year after the initial award of grants under this subsection, and annually thereafter, the Assistant Secretary for Aging shall produce and make publicly available a brief summary report on the grant program under this section. Each such report shall include the following: (A) A description of the adult day programs receiving funding under this section, including the amount of Federal funding awarded and the expected outcomes of each program. (B) A description of performance goals and indicators to monitor the progress of grant recipients in-- (i) responding to the needs of younger individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions; and (ii) assisting the family caregivers of such individuals. (C) Any plans for improving oversight and management of the grant program. (c) Definitions.--In this Act: (1) The term ``adult day program'' means a program that provides comprehensive and effective care and support services to individuals living with neurological diseases or conditions such as multiple sclerosis, Parkinson's disease, traumatic brain injury, or other similar diseases or conditions that may result in a functional or degenerative disability and to their family caregivers and that may assist participants in ways that-- (A) maintain or improve their functional abilities, or otherwise help them adjust to their changing functional abilities; (B) prevent the onset of complications associated with severe forms of the disease or condition; (C) promote alternatives to placement in nursing homes; (D) reduce the strain on family caregivers taking care of a family member living with such diseases or conditions; (E) focus on supporting the emotional, social, and intellectual needs of a younger adult population; or (F) address the needs of veterans living with such diseases or conditions. (2) The term ``family caregiver'' means a family member or foster parent who provides unpaid assistance (which may include in-home monitoring, management, supervision, care and treatment, or other similar assistance) to another adult family member with a special need. (d) Authorization of Appropriations.--To carry out this section, in addition to amounts otherwise made available for such purpose, there are authorized to be appropriated, and to remain available until expended, the following: (1) $1,000,000 for fiscal year 2021. (2) $3,000,000 for fiscal year 2022. (3) $6,000,000 for fiscal year 2023. (4) $8,000,000 for fiscal year 2024. (5) $10,000,000 for fiscal year 2025. all
H.R. 254 (Introduced in House) - Neuromyelitis Optica Spectrum Disorder Consortium Act	https://www.govinfo.gov/content/pkg/BILLS-117hr254ih/html/BILLS-117hr254ih.htm	DOC 117th CONGRESS 1st Session H. R. 254 To amend the Public Health Service Act to create a National Neuromyelitis Optica Spectrum Disorder Consortium to provide grants, coordinate synergistic research, and targeted therapy with respect to the causes of, and risk factors associated with, neuromyelitis optica spectrum disorder, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to create a National Neuromyelitis Optica Spectrum Disorder Consortium to provide grants, coordinate synergistic research, and targeted therapy with respect to the causes of, and risk factors associated with, neuromyelitis optica spectrum disorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Neuromyelitis Optica Spectrum Disorder Consortium Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Neuromyelitis optica spectrum disorder (in this section and section 3 referred to as ``NMOSD'') is a devastating neurologic disease leading to blindness, paralysis, and premature death. (2) There are an estimated 16,000 to 17,000 people with NMOSD in the United States and more than a quarter-million patients worldwide. (3) Women are affected up to 7 times more than men, and Afro-Caribbeans and Latino persons are about 2.5 times more predisposed to NMOSD than Caucasians. The reasons why Blacks and Hispanics are disproportionately affected cannot be fully understood without further studies. Furthermore, why NMOSD disproportionately occurs in females is unknown. (4) The average age at diagnosis is approximately 35 to 45 years, a peak window of time that further compounds the burden of NMOSD on parenthood and careers of women and men. The age range of NMOSD patients is broad and includes children as young as 3 years of age and adults as old as 90. (5) NMOSD imposes substantial costs for affected patients and their families both in financial costs such those associated with medical care, prescription medicines, and emergency room visits, as well as in opportunity costs such as its negative impact on maintaining gainful employment or attending school or career development programs. (6) The origins of NMOSD are unknown, but it is hypothesized to be autoimmune in nature. Collectively, autoimmune diseases currently affect approximately 1 in 10 Americans. Without a clear understanding of the causes of NMOSD, development of cures that save and improve lives and reduce the substantial associated health care costs will not be possible. (7) Despite the recent Food and Drug Administration approval of three medications for NMOSD, there remains an unmet need for more effective and safe therapies to spare these patients from this recurrent disease with its accumulating neurologic disability. (8) Because of their relatively low overall incidence, orphan diseases like NMOSD frequently do not receive sufficient attention and research funding. Of special importance is the opportunity for the remarkable progress made recently regarding NMOSD to serve as-- (A) a model for solutions to rare and immunologic diseases; and (B) an exemplary therapeutic disease target for immunosuppressive therapies and for determining vaccination benefits and risks relative to COVID-19. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the cause, prevention, treatment, and potential cure of NMOSD. Furthermore, there is a paucity of resources available for regenerative medicine research in NMOSD that will be required to repair optic nerve and spinal cord damage caused by NMOSD and thus to restore health. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of NMOSD to identify potential risk factors and biomarkers for NMOSD. (11) We can apply our understanding of NMOSD to the study of other autoimmune diseases, including type 1 diabetes mellitus, rheumatoid arthritis, psoriasis, multiple sclerosis, systemic lupus erythematosus, and many others. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) there is a need to establish and coordinate a synergistic, multicenter research effort based on collaboration between regional consortia and governmental and nongovernmental entities in order to-- (A) comprehensively study the causes of NMOSD; (B) identify potential biomarkers of disease activity; (C) leverage recent efforts in developing approved therapies for NMOSD as a model for developing breakthrough therapies for other autoimmune diseases; and (D) highlight NMOSD as a model disease to better understand the potential benefits and risks of immunosuppressive therapy and innovative vaccine strategies targeting COVID-19; (2) there is a need to encourage a collaborative effort among academic medical centers comprising epidemiological study groups capable of gathering comprehensive and detailed information for each patient enrolled in those groups; and (3) the effort referred to in paragraph (2) should facilitate investigation of environmental, nutritional, genetic, and treatment factors with respect to the pathological and epidemiological characteristics of NMOSD. SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA SPECTRUM DISORDER CONSORTIUM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding after section 409J the following new section: ``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA SPECTRUM DISORDER CONSORTIUM. ``(a) Establishment of the National Neuromyelitis Optica Spectrum Disorder Consortium.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Director of NIH, and in coordination with the Director of the National Institute on Minority Health and Health Disparities, shall establish, administer, and coordinate a National Neuromyelitis Optica Spectrum Disorder Consortium (in this section referred to as the `NMOSD Consortium') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the NMOSD Consortium shall be the following: ``(A) Providing grants of not less than 5-years' duration to eligible consortia for the purpose of conducting research with respect to the causes of, risk factors and biomarkers associated with, and treatment of and comorbidities associated with, NMOSD. ``(B) Assembling a panel of experts to provide, with respect to research funded by the NMOSD Consortium, ongoing guidance and recommendations for the development of the following: ``(i) A standardized study design, including adaptive clinical trial structures that may quickly and efficiently evaluate multiple treatment regimens to optimize precision and effectively assess personalized medicine in rare and immunologic diseases. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants a minimum dataset that includes the following: ``(I) Complete medical history, including autoimmune and nonautoimmune comorbidities. ``(II) Neurologic examination and standardization of critical clinical outcomes such as the definition and adjudication of relapse in NMOSD. ``(III) Biospecimens, including serum, blood cells, cerebrospinal fluid, DNA, and RNA. ``(IV) Radiological data, including magnetic resonance imaging (MRI) and optical coherence tomography, among other modalities. ``(iii) Specific analytical methods for examining data, including bioinformatic and computational modeling for deterministic as well as predictive capabilities. ``(iv) Provisions for consensus review of enrolled cases, including clinical trial data as well as off-label drug use and epidemiologic studies that would be offer greater insights if considered in aggregate than alone. ``(v) An integrated data collection network, including registry and other activities that improve scientific and clinical efficiencies in achieving the purposes outlined in this paragraph. ``(C) Designating a consortium-dedicated laboratory to collect, analyze, and aggregate data with respect to research funded by the NMOSD Consortium and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The consortium has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium's designated catchment area. ``(B) The designated catchment area of the consortium does not overlap with the designated catchment area of another consortium already receiving a grant under this section. ``(4) Report.--Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary, acting through the Director of NIH, shall submit to Congress a report with respect to the NMOSD Consortium, to be made publicly available, including a summary of research funded by the NMOSD Consortium and a list of consortia receiving grants through the NMOSD Consortium. At the discretion of the Secretary, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2021 through 2024, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to funds otherwise available or appropriated to carry out the activities described in this section. ``(b) Definitions.--For purposes of this section: ``(1) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(2) Consortium.--The term `consortium' means a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''. all
H.R. 255 (Introduced in House) - Repeal of the Authorization for Use of Military Force	https://www.govinfo.gov/content/pkg/BILLS-117hr255ih/html/BILLS-117hr255ih.htm	DOC 117th CONGRESS 1st Session H. R. 255 To repeal Public Law 107-40. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California (for herself, Mr. Massie, Ms. Tlaib, Mr. Huffman, Mr. Trone, Mr. Grijalva, Mr. Sherman, Mr. Danny K. Davis of Illinois, Ms. Pressley, Mr. Beyer, Ms. Speier, Mr. Lowenthal, Ms. Moore of Wisconsin, Mr. Khanna, Ms. DeGette, Ms. Schakowsky, Ms. Norton, Mr. Rush, Mrs. Watson Coleman, Mr. Pocan, Mr. Sarbanes, Mr. Cicilline, Mr. DeFazio, Mr. McGovern, Mr. Tonko, Mr. Jones, Ms. Clark of Massachusetts, Ms. Jayapal, Mr. Raskin, Mr. Ryan, Mr. Welch, Mr. Espaillat, Ms. Eshoo, Ms. Meng, Mr. Cohen, and Mr. Pallone) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To repeal Public Law 107-40. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal of the Authorization for Use of Military Force''. SEC. 2. CONGRESSIONAL FINDING. Congress finds that the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note), signed into law on September 18, 2001, has been used to justify a broad and open-ended authorization for the use of military force and such an interpretation is inconsistent with the authority of Congress to declare war and make all laws for executing powers vested by the Constitution in the Government of the United States. SEC. 3. REPEAL OF PUBLIC LAW 107-40. Effective 240 days after the date of the enactment of this Act, the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) is hereby repealed. all
H.R. 256 (Engrossed in House) - An Act To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.	https://www.govinfo.gov/content/pkg/BILLS-117hr256eh/html/BILLS-117hr256eh.htm	DOC 117th CONGRESS 1st Session H. R. 256 _______________________________________________________________________ AN ACT To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed. Passed the House of Representatives June 17, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 256 _______________________________________________________________________ AN ACT To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.
H.R. 256 (Introduced in House) - To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.	https://www.govinfo.gov/content/pkg/BILLS-117hr256ih/html/BILLS-117hr256ih.htm	DOC 117th CONGRESS 1st Session H. R. 256 To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California (for herself, Mr. Biggs, Mr. Mooney, Mr. Massie, Ms. Tlaib, Mr. Huffman, Mr. Trone, Mr. Grijalva, Mr. Sherman, Ms. Pressley, Ms. Moore of Wisconsin, Mr. Beyer, Ms. Speier, Mr. Lowenthal, Ms. DeGette, Mr. Khanna, Ms. Schakowsky, Ms. Norton, Mr. Rush, Mrs. Watson Coleman, Mr. Pocan, Mr. Panetta, Mr. Sarbanes, Mr. Cicilline, Mr. DeFazio, Mr. McGovern, Mr. Tonko, Mr. Jones, Ms. Clark of Massachusetts, Ms. Jayapal, Mr. Raskin, Mr. Ryan, Mr. Welch, Mr. Espaillat, Ms. Eshoo, Mr. Brown, Mr. Cohen, Mr. Pallone, Mr. Moulton, and Ms. Spanberger) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed. all
H.R. 256 (Referred in Senate) - An Act To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.	https://www.govinfo.gov/content/pkg/BILLS-117hr256rfs/html/BILLS-117hr256rfs.htm	DOC 117th CONGRESS 1st Session H. R. 256 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 17, 2021 Received; read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ AN ACT To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed. Passed the House of Representatives June 17, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 256 (Reported in House) - To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002.	https://www.govinfo.gov/content/pkg/BILLS-117hr256rh/html/BILLS-117hr256rh.htm	DOC Union Calendar No. 39 117th CONGRESS 1st Session H. R. 256 To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California (for herself, Mr. Biggs, Mr. Mooney, Mr. Massie, Ms. Tlaib, Mr. Huffman, Mr. Trone, Mr. Grijalva, Mr. Sherman, Ms. Pressley, Ms. Moore of Wisconsin, Mr. Beyer, Ms. Speier, Mr. Lowenthal, Ms. DeGette, Mr. Khanna, Ms. Schakowsky, Ms. Norton, Mr. Rush, Mrs. Watson Coleman, Mr. Pocan, Mr. Panetta, Mr. Sarbanes, Mr. Cicilline, Mr. DeFazio, Mr. McGovern, Mr. Tonko, Mr. Jones, Ms. Clark of Massachusetts, Ms. Jayapal, Mr. Raskin, Mr. Ryan, Mr. Welch, Mr. Espaillat, Ms. Eshoo, Mr. Brown, Mr. Cohen, Mr. Pallone, Mr. Moulton, and Ms. Spanberger) introduced the following bill; which was referred to the Committee on Foreign Affairs June 8, 2021 Additional sponsors: Mr. Thompson of California, Ms. Pingree, Ms. Bass, Ms. Omar, Mr. Roy, Mr. Auchincloss, Mr. Cleaver, Mr. DeSaulnier, Mr. Schrader, Ms. Chu, Mr. San Nicolas, Mr. Neguse, Mr. Schweikert, Mr. Smith of Washington, Mr. Johnson of Georgia, Mr. Horsford, Ms. Matsui, Mr. Garcia of Illinois, Mr. Garamendi, Mr. Blumenauer, Mr. Perlmutter, Ms. Lofgren, Ms. McCollum, Mrs. Napolitano, Mr. Schiff, Mr. Crow, Mr. Hastings, Ms. Newman, Mrs. Beatty, Mr. Kilmer, Ms. Brownley, Mrs. Kirkpatrick, Ms. Bonamici, Ms. Mace, Mr. Castro of Texas, Mr. Himes, Ms. Bush, Mr. Gaetz, Mr. Meeks, Mr. Danny K. Davis of Illinois, Ms. Titus, Mr. Yarmuth, Mr. Connolly, Ms. Porter, Ms. Kelly of Illinois, Mrs. Hayes, Mr. Kahele, Mr. Larsen of Washington, Mr. Carbajal, Mr. Carson, Mr. Case, Mrs. Trahan, Ms. Kuster, Mr. Keating, Mr. Lieu, Mr. Bera, Mr. Levin of Michigan, Mr. Evans, Mr. Pascrell, Ms. Wild, Mr. Deutch, Mr. Ruppersberger, Mr. McNerney, Ms. Barragan, Ms. Adams, Mr. Torres of New York, Ms. Scanlon, Ms. Velazquez, Ms. Jacobs of California, Mr. Takano, Ms. DelBene, Mr. Price of North Carolina, Ms. Escobar, Ms. Strickland, Mr. Phillips, Mr. Larson of Connecticut, Mrs. Carolyn B. Maloney of New York, Ms. Clarke of New York, Mr. Higgins of New York, Mr. Vargas, Ms. Sanchez, Ms. Castor of Florida, Ms. Slotkin, Mr. Cartwright, Mr. Delgado, Ms. Roybal-Allard, Mr. Davidson, Mr. Mfume, Ms. Sherrill, Ms. Dean, Mr. Meijer, Ms. Manning, Mr. Butterfield, Mr. Scott of Virginia, and Mr. Schneider June 8, 2021 Reported from the Committee on Foreign Affairs; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 50 U.S.C. 1541 note) is hereby repealed. Union Calendar No. 39 117th CONGRESS 1st Session H. R. 256 _______________________________________________________________________ A BILL To repeal the Authorization for Use of Military Force Against Iraq Resolution of 2002. _______________________________________________________________________ June 8, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 257 (Introduced in House) - Incentives for our Nation’s Veterans in Energy Sustainability Technologies Act	https://www.govinfo.gov/content/pkg/BILLS-117hr257ih/html/BILLS-117hr257ih.htm	DOC 117th CONGRESS 1st Session H. R. 257 To amend the Internal Revenue Code of 1986 to provide the work opportunity tax credit with respect to the hiring of veterans in the field of renewable energy. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California (for herself and Mr. Garamendi) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide the work opportunity tax credit with respect to the hiring of veterans in the field of renewable energy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentives for our Nation's Veterans in Energy Sustainability Technologies Act'' or as the ``INVEST Act''. SEC. 2. WORK OPPORTUNITY TAX CREDIT FOR VETERANS HIRED IN THE FIELD OF RENEWABLE ENERGY. (a) In General.--Section 51(d)(14) of the Internal Revenue Code of 1986 is amended to read as follows: ``(14) Certain veterans hired in the field of renewable energy.-- ``(A) In general.--For purposes of this subpart, an individual shall be treated as a member of a targeted group if such individual is a specified veteran, but qualified wages with respect to such individual shall include only wages attributable to services rendered in a field of renewable energy. ``(B) Specified veteran.--For purposes of this paragraph, the term `specified veteran' means any veteran (as defined in paragraph (3)) who is certified by the designated local agency as-- ``(i) having received a credential or certification from the Department of Defense of military occupational specialty or skill in a field of renewable energy or with respect to advanced manufacturing, machinist or welding, or engineering, ``(ii) having completed a vocational degree in a field of renewable energy during the 1- year period ending on the hiring date, or ``(iii) having completed a LEED certification with the United States Green Building Council. ``(C) Renewable energy.--For purposes of this paragraph, renewable energy means resources that rely on fuel sources that restore themselves over short periods of time and do not diminish, including the Sun, wind, moving water, organic plant and waste material, and the Earth's heat.''. (b) Treatment of Possessions.-- (1) Payments to possessions.-- (A) Mirror code possessions.--The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendment made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States. (B) Other possessions.--The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendment made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this section. (2) Coordination with credit allowed against united states income taxes.--The credit allowed against United States income taxes for any taxable year under the amendment made by this section to section 51 of the Internal Revenue Code of 1986 to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this subsection with respect to such qualified veteran for such taxable year. (3) Definitions and special rules.-- (A) Possession of the united states.--For purposes of this subsection, the term ``possession of the United States'' includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. (B) Mirror code tax system.--For purposes of this subsection, the term ``mirror code tax system'' means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (C) Treatment of payments.--For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from credit provisions described in such section. (c) Effective Date.--The amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2020. all
"H.R. 258 (Introduced in House)- To amend the Internal Revenue Code of 1986 to provide a tax credit 
for expenses for household and elder care services necessary for gainfulemployment."	https://www.govinfo.gov/content/pkg/BILLS-117hr258ih/html/BILLS-117hr258ih.htm	DOC 117th CONGRESS 1st Session H. R. 258 To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide a tax credit for expenses for household and elder care services necessary for gainful employment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 25E. EXPENSES FOR HOUSEHOLD AND ELDER CARE SERVICES NECESSARY FOR GAINFUL EMPLOYMENT. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual for which there are one or more qualifying individuals (as defined in subsection (b)(1)) with respect to such individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the employment-related expenses (as defined in subsection (b)(2)) paid by such individual during the taxable year. ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 35 percent reduced (but not below 20 percent) by 1 percentage point for each $2,000 (or fraction thereof) by which the taxpayer's adjusted gross income for the taxable year exceeds $15,000. ``(b) Definitions of Qualifying Individual and Employment-Related Expenses.--For purposes of this section-- ``(1) Qualifying individual.--The term `qualifying individual' means an individual who-- ``(A) has attained age 50, and ``(B) is one of the following: ``(i) An individual who bears a relationship to the taxpayer described in subparagraph (C) or (D) of section 152(d)(2) (relating to fathers, mothers, and ancestors). ``(ii) An individual would be a dependent of the taxpayer (as defined in section 152, determined without regard to subsections (b)(1) and (b)(2)) as a qualifying relative described in section 152(d)(1) if-- ``(I) in lieu of subparagraphs (B) and (C) thereof the following applied with respect to the individual: ``(aa) the taxpayer has provided over one-half of the individual's support for the calendar year in which such taxable year begins and each of the preceding 4 taxable years, and ``(bb) the individual's modified adjusted gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151(d)), ``(II) the individual is physically or mentally incapable of caring for himself or herself, and ``(III) the individual who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(iii) The spouse of the taxpayer who is physically or mentally incapable of caring for himself or herself. ``(2) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to section 86. ``(3) Employment-related expenses.-- ``(A) In general.--The term `employment-related expenses' means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be gainfully employed for any period for which there are one or more qualifying individuals with respect to the taxpayer: ``(i) expenses for household services, and ``(ii) expenses for the care of a qualifying individual, including expenses for respite care and hospice care. ``(B) Exception.--Employment-related expenses described in subparagraph (A) which are incurred for services outside the taxpayer's household shall be taken into account only if incurred for the care of-- ``(i) a qualifying individual described in paragraph (1)(A), or ``(ii) a qualifying individual (not described in paragraph (1)(A)) who regularly spends at least 8 hours each day in the taxpayer's household. ``(C) Dependent care centers.--Employment-related expenses described in subparagraph (A) which are incurred for services provided outside the taxpayer's household by a dependent care center (as defined in subparagraph (D)) shall be taken into account only if-- ``(i) such center complies with all applicable laws and regulations of a State or unit of local government, and ``(ii) the requirements of subparagraph (B) are met. ``(D) Dependent care center defined.--For purposes of this paragraph, the term `dependent care center' means any facility which-- ``(i) provides care for more than six individuals (other than individuals who reside at the facility), and ``(ii) receives a fee, payment, or grant for providing services for any of the individuals (regardless of whether such facility is operated for profit). ``(c) Dollar Limit on Amount Creditable.--The amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) $3,000 if there is 1 qualifying individual with respect to the taxpayer for such taxable year, or ``(2) $6,000 if there are two or more qualifying individuals with respect to the taxpayer for such taxable year. The amount determined under paragraph (1) or (2) (whichever is applicable) shall be reduced by the aggregate amount excludable from gross income under section 129 for the taxable year. ``(d) Earned Income Limitation.--Except as otherwise provided in this subsection, the amount of the employment-related expenses incurred during any taxable year which may be taken into account under subsection (a) shall not exceed-- ``(1) in the case of an individual who is not married at the close of such year, such individual's earned income for such year, or ``(2) in the case of an individual who is married at the close of such year, the lesser of such individual's earned income or the earned income of his spouse for such year. ``(e) Special Rules.--For purposes of this section-- ``(1) Place of abode.--An individual shall not be treated as having the same principal place of abode of the taxpayer if at any time during the taxable year of the taxpayer the relationship between the individual and the taxpayer is in violation of local law. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and his spouse file a joint return for the taxable year. ``(3) Marital status.--An individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married. ``(4) Certain married individuals living apart.--If-- ``(A) an individual who is married and who files a separate return-- ``(i) maintains as his home a household which constitutes for more than one-half of the taxable year the principal place of abode of a qualifying individual, and ``(ii) furnishes over half of the cost of maintaining such household during the taxable year, and ``(B) during the last 6 months of such taxable year such individual's spouse is not a member of such household, such individual shall not be considered as married. ``(5) Payments to related individuals.--No credit shall be allowed under subsection (a) for any amount paid by the taxpayer to an individual-- ``(A) with respect to whom, for the taxable year, a deduction under section 151(c) (relating to deduction for personal exemptions for dependents) is allowable either to the taxpayer or his spouse, or ``(B) who is a child of the taxpayer (within the meaning of section 152(f)(1)) who has not attained the age of 19 at the close of the taxable year. For purposes of this paragraph, the term `taxable year' means the taxable year of the taxpayer in which the service is performed. ``(6) Identifying information required with respect to service provider.--No credit shall be allowed under subsection (a) for any amount paid to any person unless-- ``(A) the name, address, and taxpayer identification number of such person are included on the return claiming the credit, or ``(B) if such person is an organization described in section 501(c)(3) and exempt from tax under section 501(a), the name and address of such person are included on the return claiming the credit. In the case of a failure to provide the information required under the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required. ``(7) Identifying information required with respect to qualifying individuals.--No credit shall be allowed under this section with respect to any qualifying individual unless the TIN of such individual is included on the return claiming the credit. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 25E. Expenses for household and elder care services necessary for gainful employment.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. all
H.R. 259 (Introduced in House) - End Diaper Need Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr259ih/html/BILLS-117hr259ih.htm	DOC 117th CONGRESS 1st Session H. R. 259 To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California (for herself, Mrs. Carolyn B. Maloney of New York, Mrs. Watson Coleman, Mr. Pocan, Ms. Meng, Mr. Rush, Ms. Schakowsky, Mr. Grijalva, Mr. Cohen, Mr. Peters, Mrs. Hayes, Mr. Sires, Ms. Norton, and Ms. Chu) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Diaper Need Act of 2021''. SEC. 2. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall make grants to assist eligible entities to conduct demonstration projects that implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers. ``(b) Design of Program.--In carrying out the grant program under subsection (a), the Secretary shall-- ``(1) consult with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, on the design of the program; and ``(2) design the program in such a way that the program-- ``(A) decreases diaper need in low-income families and meets the unmet diaper needs of infants and toddlers in such families through-- ``(i) the distribution of free diapers and diapering supplies; ``(ii) community outreach to assist in participation in existing diaper distribution programs; or ``(iii) improving access to diapers and diapering supplies as part of a comprehensive service; and ``(B) increases the abilities of communities and low-income families in those communities to provide for the diaper needs of infants and toddlers in those communities. ``(c) Eligible Entities.--To be eligible for a grant under this section, an entity shall-- ``(1) be a State or local governmental entity, an Indian Tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(2) have experience in the area of-- ``(A) community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products; ``(B) child care; ``(C) child development activities in low-income communities; or ``(D) motherhood, fatherhood, or parent-education efforts serving low-income parents of young children; ``(3) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; ``(4) demonstrate a willingness to share information with researchers, practitioners, and other interested parties; and ``(5) submit to the Secretary a description of the design of the evaluation to be carried out under subsection (d)(2) and receive the Secretary's approval of such design based on a determination that such design is rigorous and is likely to yield information that is credible and will be useful to other States. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(2) Using not more than 25 percent of the funds received by the grantee under this section, to evaluate the effect of activities under paragraph (1) on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(B) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State-funded health care programs. ``(C) Programs funded through the Special Supplemental Nutrition Program for Women, Infants, and Children. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(E) Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the Temporary Assistance for Needy Families program, or a State- funded program. ``(e) No Effect on Other Programs.--Any assistance or benefits received by a family as a result of a project established pursuant to this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(2) The number of families that have received assistance from the grantee's diaper distribution project. ``(3) The number of diapers, and the number of each type of diapering supply, distributed under the grantee's diaper distribution project. ``(4) The ZIP Code or ZIP Codes where the grantee distributed diapers and diaper supplies. ``(5) The method or methods the grantee uses to distribute diapers and diapering supplies. ``(6) Such other information as the Secretary may specify. ``(g) Evaluation.--The Secretary, in consultation with each grantee under this section, shall-- ``(1) not later than 2 years after the date of enactment of the End Diaper Need Act of 2021-- ``(A) complete an evaluation of the effectiveness of the program carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the internet website of the Department of Health and Human Services; and ``(2)(A) not later than 3 years after the date of enactment of the End Diaper Need Act of 2021, update the evaluation required by paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (A)-- ``(i) submit to the relevant congressional committees a report describing the results of such updated evaluation; and ``(ii) publish the results of such evaluation on the internet website of the Department of Health and Human Services. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(IV) Refastening closures. ``(2) Diapering supplies.--The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(3) Eligible child.--The term `eligible child' means a child who-- ``(A) has not attained 4 years of age; and ``(B) is a member of a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(4) Federal poverty line.--The term `Federal poverty line' means the Federal poverty line as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 applicable to a family of the size involved. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025. ``(2) Availability of funds.--Funds provided to a grantee under this section for a fiscal year may be expended by the grantee only in such fiscal year or the succeeding fiscal year.''. SEC. 3. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN. Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended by adding at the end the following new paragraph: ``(11)(A) In the case of any waiver under this subsection that provides medical assistance to a medically complex child who has been diagnosed with bowel or bladder incontinence, a bowel or bladder condition that causes excess urine or stool (such as short gut syndrome or diabetes insipidus), or a severe skin condition that causes skin erosions (such as epidermolysis bullosa), such medical assistance shall include, for the duration of the waiver, the provision of 200 medically necessary diapers per month and diapering supplies. Such medical assistance may include the provision of medically necessary diapers in amounts greater than 200 if a licensed health care provider (such as a physician, nurse practitioner, or physician assistant) specifies that such greater amounts are necessary for such medically complex child. ``(B) For purposes of this paragraph-- ``(i) the term `medically complex child' means an individual who is at least three years of age and for whom a licensed health care provider has provided a diagnosis of one or more significant chronic conditions; ``(ii) the term `medically necessary diaper' means an absorbent garment that is-- ``(I) washable or disposable; and ``(II) worn by a medically complex child who has been diagnosed with a condition described in subparagraph (A) and needs such garment to correct or ameliorate such condition; and ``(iii) the term `diapering supplies' means items, including diaper wipes and diaper creams, necessary to ensure that a medically complex child who has been diagnosed with a condition described in subparagraph (A) and uses a medically necessary diaper is properly cleaned and protected from diaper rash.''. SEC. 4. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. (a) Health Savings Accounts.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended-- (1) by adding at the end of subparagraph (A) the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care.''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. ``(ii) Diapering supplies.--The term `diapering supplies' means items, including diaper wipes and diaper creams necessary to ensure that a child using a medically necessary diaper is properly cleaned and protected from diaper rash.''. (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2021. all
H.R. 25 (Introduced in House) - FairTax Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr25ih/html/BILLS-117hr25ih.htm	DOC 117th CONGRESS 1st Session H. R. 25 To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Carter of Georgia introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To promote freedom, fairness, and economic opportunity by repealing the income tax and other taxes, abolishing the Internal Revenue Service, and enacting a national sales tax to be administered primarily by the States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``FairTax Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Congressional findings. TITLE I--REPEAL OF THE INCOME TAX, PAYROLL TAXES, AND ESTATE AND GIFT TAXES Sec. 101. Income taxes repealed. Sec. 102. Payroll taxes repealed. Sec. 103. Estate and gift taxes repealed. Sec. 104. Conforming amendments; effective date. TITLE II--SALES TAX ENACTED Sec. 201. Sales tax. Sec. 202. Conforming and technical amendments. TITLE III--OTHER MATTERS Sec. 301. Phase-out of administration of repealed Federal taxes. Sec. 302. Administration of other Federal taxes. Sec. 303. Sales tax inclusive Social Security benefits indexation. TITLE IV--SUNSET OF SALES TAX IF SIXTEENTH AMENDMENT NOT REPEALED Sec. 401. Elimination of sales tax if Sixteenth Amendment not repealed. SEC. 2. CONGRESSIONAL FINDINGS. (a) Findings Relating to Federal Income Tax.--Congress finds the Federal income tax-- (1) retards economic growth and has reduced the standard of living of the American public; (2) impedes the international competitiveness of United States industry; (3) reduces savings and investment in the United States by taxing income multiple times; (4) slows the capital formation necessary for real wages to steadily increase; (5) lowers productivity; (6) imposes unacceptable and unnecessary administrative and compliance costs on individual and business taxpayers; (7) is unfair and inequitable; (8) unnecessarily intrudes upon the privacy and civil rights of United States citizens; (9) hides the true cost of government by embedding taxes in the costs of everything Americans buy; (10) is not being complied with at satisfactory levels and therefore raises the tax burden on law abiding citizens; and (11) impedes upward social mobility. (b) Findings Relating to Federal Payroll Taxes.--Congress finds further that the Social Security and Medicare payroll taxes and self- employment taxes-- (1) raise the cost of employment; (2) destroy jobs and cause unemployment; and (3) have a disproportionately adverse impact on lower income Americans. (c) Findings Relating to Federal Estate and Gift Taxes.--Congress finds further that the Federal estate and gift taxes-- (1) force family businesses and farms to be sold by the family to pay such taxes; (2) discourage capital formation and entrepreneurship; (3) foster the continued dominance of large enterprises over small family-owned companies and farms; and (4) impose unacceptably high tax planning costs on small businesses and farms. (d) Findings Relating to National Sales Tax.--Congress finds further that a broad-based national sales tax on goods and services purchased for final consumption-- (1) is similar in many respects to the sales and use taxes in place in 45 of the 50 States; (2) will promote savings and investment; (3) will promote fairness; (4) will promote economic growth; (5) will raise the standard of living; (6) will increase investment; (7) will enhance productivity and international competitiveness; (8) will reduce administrative burdens on the American taxpayer; (9) will improve upward social mobility; and (10) will respect the privacy interests and civil rights of taxpayers. (e) Findings Relating to Administration of National Sales Tax.-- Congress further finds that-- (1) most of the practical experience administering sales taxes is found at the State governmental level; (2) it is desirable to harmonize Federal and State collection and enforcement efforts to the maximum extent possible; (3) it is sound tax administration policy to foster administration and collection of the Federal sales tax at the State level in return for a reasonable administration fee to the States; and (4) businesses that must collect and remit taxes should receive reasonable compensation for the cost of doing so. (f) Findings Relating to Repeal of Present Federal Tax System.-- Congress further finds that the 16th Amendment to the United States Constitution should be repealed. TITLE I--REPEAL OF THE INCOME TAX, PAYROLL TAXES, AND ESTATE AND GIFT TAXES SEC. 101. INCOME TAXES REPEALED. Subtitle A of the Internal Revenue Code of 1986 (relating to income taxes and self-employment taxes) is repealed. SEC. 102. PAYROLL TAXES REPEALED. (a) In General.--Subtitle C of the Internal Revenue Code of 1986 (relating to payroll taxes and withholding of income taxes) is repealed. (b) Funding of Social Security.--For funding of the Social Security Trust Funds from general revenue, see section 201 of the Social Security Act (42 U.S.C. 401). SEC. 103. ESTATE AND GIFT TAXES REPEALED. Subtitle B of the Internal Revenue Code of 1986 (relating to estate and gift taxes) is repealed. SEC. 104. CONFORMING AMENDMENTS; EFFECTIVE DATE. (a) Conforming Amendments.--The Internal Revenue Code of 1986 is amended-- (1) by striking subtitle H (relating to financing of Presidential election campaigns); and (2) by redesignating-- (A) subtitle D (relating to miscellaneous excise taxes) as subtitle B; (B) subtitle E (relating to alcohol, tobacco, and certain other excise taxes) as subtitle C; (C) subtitle F (relating to procedure and administration) as subtitle D; (D) subtitle G (relating to the Joint Committee on Taxation) as subtitle E; (E) subtitle I (relating to the Trust Fund Code) as subtitle F; (F) subtitle J (relating to coal industry health benefits) as subtitle G; and (G) subtitle K (relating to group health plan portability, access, and renewability requirements) as subtitle H. (b) Redesignation of 1986 Code.-- (1) In general.--The Internal Revenue Code of 1986 enacted on October 22, 1986, as heretofore, hereby, or hereafter amended, may be cited as the Internal Revenue Code of 2021. (2) References in laws, etc.--Except when inappropriate, any reference in any law, Executive order, or other document-- (A) to the Internal Revenue Code of 1986 shall include a reference to the Internal Revenue Code of 2021; and (B) to the Internal Revenue Code of 2021 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1986. (c) Additional Amendments.--For additional conforming amendments, see section 202 of this Act. (d) Effective Date.--Except as otherwise provided in this Act, the amendments made by this Act shall take effect on January 1, 2021. TITLE II--SALES TAX ENACTED SEC. 201. SALES TAX. (a) In General.--The Internal Revenue Code of 2021 is amended by inserting before subtitle B (as redesignated by section 104(a)(2)(A)) the following new subtitle: ``Subtitle A--Sales Tax ``Sec. 1. Principles of interpretation. ``Sec. 2. Definitions. ``Chapter 1. Interpretation; Definitions; Imposition of Tax; etc. ``Chapter 2. Credits; Refunds ``Chapter 3. Family Consumption Allowance ``Chapter 4. Federal and State Cooperative Tax Administration ``Chapter 5. Other Administrative Provisions ``Chapter 6. Collections; Appeals; Taxpayer Rights ``Chapter 7. Special Rules ``Chapter 8. Financial Intermediation Services ``Chapter 9. Additional Matters ``SEC. 1. PRINCIPLES OF INTERPRETATION. ``(a) In General.--Any court, the Secretary, and any sales tax administering authority shall consider the purposes of this subtitle (as set forth in subsection (b)) as the primary aid in statutory construction. ``(b) Purposes.--The purposes of this subtitle are as follows: ``(1) To raise revenue needed by the Federal Government in a manner consistent with the other purposes of this subtitle. ``(2) To tax all consumption of goods and services in the United States once, without exception, but only once. ``(3) To prevent double, multiple, or cascading taxation. ``(4) To simplify the tax law and reduce the administration costs of, and the costs of compliance with, the tax law. ``(5) To provide for the administration of the tax law in a manner that respects privacy, due process, individual rights when interacting with the government, the presumption of innocence in criminal proceedings, and the presumption of lawful behavior in civil proceedings. ``(6) To increase the role of State governments in Federal tax administration because of State government expertise in sales tax administration. ``(7) To enhance generally cooperation and coordination among State tax administrators; and to enhance cooperation and coordination among Federal and State tax administrators, consistent with the principle of intergovernmental tax immunity. ``(c) Secondary Aids to Statutory Construction.--As a secondary aid in statutory construction, any court, the Secretary, and any sales tax administering authority shall consider-- ``(1) the common law canons of statutory construction, ``(2) the meaning and construction of concepts and terms used in the Internal Revenue Code of 1986 as in effect before the effective date of this subtitle, and ``(3) construe any ambiguities in this Act in favor of reserving powers to the States respectively, or to the people. ``SEC. 2. DEFINITIONS. ``(a) In General.--For purposes of this subtitle-- ``(1) Affiliated firms.--A firm is affiliated with another if 1 firm owns 50 percent or more of-- ``(A) the voting shares in a corporation, or ``(B) the capital interests of a business firm that is not a corporation. ``(2) Conforming state sales tax.--The term `conforming State sales tax' means a sales tax imposed by a State that adopts the same definition of taxable property and services as adopted by this subtitle. ``(3) Designated commercial private courier service.--The term `designated commercial private courier service' means a firm designated as such by the Secretary or any sales tax administering authority, upon application of the firm, if the firm-- ``(A) provides its services to the general public, ``(B) records electronically to its data base kept in the regular course of its business the date on which an item was given to such firm for delivery, and ``(C) has been operating for at least 1 year. ``(4) Education and training.--The term `education and training' means tuition for primary, secondary, or postsecondary level education, and job-related training courses. Such term does not include room, board, sports activities, recreational activities, hobbies, games, arts or crafts or cultural activities. ``(5) Gross payments.--The term `gross payments' means payments for taxable property or services, including Federal taxes imposed by this title. ``(6) Intangible property.-- ``(A) In general.--The term `intangible property' includes copyrights, trademarks, patents, goodwill, financial instruments, securities, commercial paper, debts, notes and bonds, and other property deemed intangible at common law. The Secretary shall, by regulation resolve differences among the provisions of common law of the several States. ``(B) Certain types of property.--Such term does not include tangible personal property (or rents or leaseholds of any term thereon), real property (or rents or leaseholds of any term thereon) and computer software. ``(7) Person.--The term `person' means any natural person, and unless the context clearly does not allow it, any corporation, partnership, limited liability company, trust, estate, government, agency, administration, organization, association, or other legal entity (foreign or domestic). ``(8) Produce, provide, render, or sell taxable property or services.-- ``(A) In general.--A taxable property or service is used to produce, provide, render, or sell a taxable property or service if such property or service is purchased by a person engaged in a trade or business for the purpose of employing or using such taxable property or service in the production, provision, rendering, or sale of other taxable property or services in the ordinary course of that trade or business. ``(B) Research, experimentation, testing, and development.--Taxable property or services used in a trade or business for the purpose of research, experimentation, testing, and development shall be treated as used to produce, provide, render, or sell taxable property or services. ``(C) Insurance payments.--Taxable property or services purchased by an insurer on behalf of an insured shall be treated as used to produce, provide, render, or sell taxable property or services if the premium for the insurance contract giving rise to the insurer's obligation was subject to tax pursuant to section 801 (relating to financial intermediation services). ``(D) Education and training.--Education and training shall be treated as services used to produce, provide, render, or sell taxable property or services. ``(9) Registered seller.--The term `registered seller' means a person registered pursuant to section 502. ``(10) Sales tax administering authority.--The term `sales tax administering authority' means-- ``(A) the State agency designated to collect and administer the sales tax imposed by this subtitle, in an administering State, or ``(B) the Secretary, in a State that is neither-- ``(i) an administering State, nor ``(ii) a State that has elected to have its sales tax administered by an administering State. ``(11) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(12) Taxable employer.-- ``(A) In general.--The term `taxable employer' includes-- ``(i) any household employing domestic servants, and ``(ii) any government except for government enterprises (as defined in section 704). ``(B) Exceptions.--The term `taxable employer' does not include any employer which is-- ``(i) engaged in a trade or business, ``(ii) a not-for-profit organization (as defined in section 706), or ``(iii) a government enterprise (as defined in section 704). ``(C) Cross reference.--For rules relating to collection and remittance of tax on wages by taxable employers, see section 103(b)(2). ``(13) Tax inclusive fair market value.--The term `tax inclusive fair market value' means the fair market value of taxable property or services plus the tax imposed by this subtitle. ``(14) Taxable property or service.-- ``(A) General rule.--The term `taxable property or service' means-- ``(i) any property (including leaseholds of any term or rents with respect to such property) but excluding-- ``(I) intangible property, and ``(II) used property, and ``(ii) any service (including any financial intermediation services as determined by section 801). ``(B) Service.--For purposes of subparagraph (A), the term `service'-- ``(i) shall include any service performed by an employee for which the employee is paid wages or a salary by a taxable employer, and ``(ii) shall not include any service performed by an employee for which the employee is paid wages or a salary-- ``(I) by an employer in the regular course of the employer's trade or business, ``(II) by an employer that is a not-for-profit organization (as defined in section 706), ``(III) by an employer that is a government enterprise (as defined in section 704), and ``(IV) by taxable employers to employees directly providing education and training. ``(15) United states.--The term `United States', when used in the geographical sense, means each of the 50 States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ``(16) Used property.--The term `used property' means-- ``(A) property on which the tax imposed by section 101 has been collected and for which no credit has been allowed under section 202, 203, or 205, or ``(B) property that was held other than for a business purpose (as defined in section 102(b)) on December 31, 2022. ``(17) Wages and salary.--The terms `wage' and `salary' mean all compensation paid for employment service including cash compensation, employee benefits, disability insurance, or wage replacement insurance payments, unemployment compensation insurance, workers' compensation insurance, and the fair market value of any other consideration paid by an employer to an employee in consideration for employment services rendered. ``(b) Cross References.-- ``(1) For the definition of business purposes, see section 102(b). ``(2) For the definition of insurance contract, see section 206(e). ``(3) For the definition of qualified family, see section 302. ``(4) For the definition of monthly poverty level, see section 303. ``(5) For the definition of large seller, see section 501(e)(3). ``(6) For the definition of hobby activities, see section 701. ``(7) For the definition of gaming sponsor, see section 701(a). ``(8) For the definition of a chance, see section 701(b). ``(9) For the definition of government enterprise, see section 704(b). ``(10) For the definition of mixed use property, see section 705. ``(11) For the definition of qualified not-for-profit organization, see section 706. ``(12) For the definition of financial intermediation services, see section 801. ``CHAPTER 1--INTERPRETATION; DEFINITIONS; IMPOSITION OF TAX; ETC. ``Sec. 101. Imposition of sales tax. ``Sec. 102. Intermediate and export sales. ``Sec. 103. Rules relating to collection and remittance of tax. ``SEC. 101. IMPOSITION OF SALES TAX. ``(a) In General.--There is hereby imposed a tax on the use or consumption in the United States of taxable property or services. ``(b) Rate.-- ``(1) For 2023.--In the calendar year 2023, the rate of tax is 23 percent of the gross payments for the taxable property or service. ``(2) For years after 2023.--For years after the calendar year 2023, the rate of tax is the combined Federal tax rate percentage (as defined in paragraph (3)) of the gross payments for the taxable property or service. ``(3) Combined federal tax rate percentage.--The combined Federal tax rate percentage is the sum of-- ``(A) the general revenue rate (as defined in paragraph (4)), ``(B) the old-age, survivors and disability insurance rate, and ``(C) the hospital insurance rate. ``(4) General revenue rate.--The general revenue rate shall be 14.91 percent. ``(c) Coordination With Import Duties.--The tax imposed by this section is in addition to any import duties imposed by chapter 4 of title 19, United States Code. The Secretary shall provide by regulation that, to the maximum extent practicable, the tax imposed by this section on imported taxable property and services is collected and administered in conjunction with any applicable import duties imposed by the United States. ``(d) Liability for Tax.-- ``(1) In general.--The person using or consuming taxable property or services in the United States is liable for the tax imposed by this section, except as provided in paragraph (2) of this subsection. ``(2) Exception where tax paid to seller.--A person using or consuming a taxable property or service in the United States is not liable for the tax imposed by this section if the person pays the tax to a person selling the taxable property or service and receives from such person a purchaser's receipt within the meaning of section 509. ``SEC. 102. INTERMEDIATE AND EXPORT SALES. ``(a) In General.--For purposes of this subtitle-- ``(1) Business and export purposes.--No tax shall be imposed under section 101 on any taxable property or service purchased for a business purpose in a trade or business. ``(2) Investment purpose.--No tax shall be imposed under section 101 on any taxable property or service purchased for an investment purpose and held exclusively for an investment purpose. ``(3) State government functions.--No tax shall be imposed under section 101 on State government functions that do not constitute the final consumption of property or services. ``(b) Business Purposes.--For purposes of this section, the term `purchased for a business purpose in a trade or business' means purchased by a person engaged in a trade or business and used in that trade or business-- ``(1) for resale, ``(2) to produce, provide, render, or sell taxable property or services, or ``(3) in furtherance of other bona fide business purposes. ``(c) Investment Purposes.--For purposes of this section, the term `purchased for an investment purpose' means property purchased exclusively for purposes of appreciation or the production of income but not entailing more than minor personal efforts. ``SEC. 103. RULES RELATING TO COLLECTION AND REMITTANCE OF TAX. ``(a) Liability for Collection and Remittance of the Tax.--Except as provided otherwise by this section, any tax imposed by this subtitle shall be collected and remitted by the seller of taxable property or services (including financial intermediation services). ``(b) Tax To Be Remitted by Purchaser in Certain Circumstances.-- ``(1) In general.--In the case of taxable property or services purchased outside of the United States and imported into the United States for use or consumption in the United States, the purchaser shall remit the tax imposed by section 101. ``(2) Certain wages or salary.--In the case of wages or salary paid by a taxable employer which are taxable services, the employer shall remit the tax imposed by section 101. ``(c) Conversion of Business or Export Property or Services.-- Property or services purchased for a business purpose in a trade or business or for export (sold untaxed pursuant to section 102(a)) that is subsequently converted to personal use shall be deemed purchased at the time of conversion and shall be subject to the tax imposed by section 101 at the fair market value of the converted property as of the date of conversion. The tax shall be due as if the property had been sold at the fair market value during the month of conversion. The person using or consuming the converted property is liable for and shall remit the tax. ``(d) Barter Transactions.--If gross payment for taxable property or services is made in other than money, then the person responsible for collecting and remitting the tax shall remit the tax to the sales tax administering authority in money as if gross payment had been made in money at the tax inclusive fair market value of the taxable property or services purchased. ``CHAPTER 2--CREDITS; REFUNDS ``Sec. 201. Credits and refunds. ``Sec. 202. Business use conversion credit. ``Sec. 203. Intermediate and export sales credit. ``Sec. 204. Administration credit. ``Sec. 205. Bad debt credit. ``Sec. 206. Insurance proceeds credit. ``Sec. 207. Refunds. ``SEC. 201. CREDITS AND REFUNDS. ``(a) In General.--Each person shall be allowed a credit with respect to the taxes imposed by section 101 for each month in an amount equal to the sum of-- ``(1) such person's business use conversion credit pursuant to section 202 for such month, ``(2) such person's intermediate and export sales credit pursuant to section 203 for such month, ``(3) the administration credit pursuant to section 204 for such month, ``(4) the bad debt credit pursuant to section 205 for such month, ``(5) the insurance proceeds credit pursuant to section 206 for such month, ``(6) the transitional inventory credit pursuant to section 902, and ``(7) any amount paid in excess of the amount due. ``(b) Credits Not Additive.--Only one credit allowed by chapter 2 may be taken with respect to any particular gross payment. ``SEC. 202. BUSINESS USE CONVERSION CREDIT. ``(a) In General.--For purposes of section 201, a person's business use conversion credit for any month is the aggregate of the amounts determined under subsection (b) with respect to taxable property and services-- ``(1) on which tax was imposed by section 101 (and actually paid), and ``(2) which commenced to be 95 percent or more used during such month for business purposes (within the meaning of section 102(b)). ``(b) Amount of Credit.--The amount determined under this paragraph with respect to any taxable property or service is the lesser of-- ``(1) the product of-- ``(A) the rate imposed by section 101, and ``(B) the quotient that is-- ``(i) the fair market value of the property or service when its use is converted, divided by ``(ii) the quantity that is one minus the tax rate imposed by section 101, or ``(2) the amount of tax paid with respect to such taxable property or service, including the amount, if any, determined in accordance with section 705 (relating to mixed use property). ``SEC. 203. INTERMEDIATE AND EXPORT SALES CREDIT. ``For purposes of section 201, a person's intermediate and export sales credit is the amount of sales tax paid on the purchase of any taxable property or service purchased for-- ``(1) a business purpose in a trade or business (as defined in section 102(b)), or ``(2) export from the United States for use or consumption outside the United States. ``SEC. 204. ADMINISTRATION CREDIT. ``(a) In General.--Every person filing a timely monthly report (with regard to extensions) in compliance with section 501 shall be entitled to a taxpayer administrative credit equal to the greater of-- ``(1) $200, or ``(2) one-quarter of 1 percent of the tax remitted. ``(b) Limitation.--The credit allowed under this section shall not exceed 20 percent of the tax due to be remitted prior to the application of any credit or credits permitted by section 201. ``SEC. 205. BAD DEBT CREDIT. ``(a) Financial Intermediation Services.--Any person who has experienced a bad debt (other than unpaid invoices within the meaning of subsection (b)) shall be entitled to a credit equal to the product of-- ``(1) the rate imposed by section 101, and ``(2) the quotient that is-- ``(A) the amount of the bad debt (as defined in section 802), divided by ``(B) the quantity that is one minus the rate imposed by section 101. ``(b) Unpaid Invoices.--Any person electing the accrual method pursuant to section 503 that has with respect to a transaction-- ``(1) invoiced the tax imposed by section 101, ``(2) remitted the invoiced tax, ``(3) actually delivered the taxable property or performed the taxable services invoiced, and ``(4) not been paid 180 days after date the invoice was due to be paid, shall be entitled to a credit equal to the amount of tax remitted and unpaid by the purchaser. ``(c) Subsequent Payment.--Any payment made with respect to a transaction subsequent to a section 205 credit being taken with respect to that transaction shall be subject to tax in the month the payment was received as if a tax inclusive sale of taxable property and services in the amount of the payment had been made. ``(d) Partial Payments.--Partial payments shall be treated as pro rata payments of the underlying obligation and shall be allocated proportionately-- ``(1) for fully taxable payments, between payment for the taxable property and service and tax, and ``(2) for partially taxable payments, among payment for the taxable property and service, tax and other payment. ``(e) Related Parties.--The credit provided by this section shall not be available with respect to sales made to related parties. For purposes of this section, related party means affiliated firms and family members (as defined in section 302(b)). ``SEC. 206. INSURANCE PROCEEDS CREDIT. ``(a) In General.--A person receiving a payment from an insurer by virtue of an insurance contract shall be entitled to a credit in an amount determined by subsection (b), less any amount paid to the insured by the insurer pursuant to subsection (c), if the entire premium (except that portion allocable to the investment account of the underlying policy) for the insurance contract giving rise to the insurer's obligation to make a payment to the insured was subject to the tax imposed by section 101 and said tax was paid. ``(b) Credit Amount.--The amount of the credit shall be the product of-- ``(1) the rate imposed by section 101, and ``(2) the quotient that is-- ``(A) the amount of the payment made by the insurer to the insured, divided by ``(B) the quantity that is one minus the rate imposed by section 101. ``(c) Administrative Option.--The credit determined in accordance with subsection (b) shall be paid by the insurer to the insured and the insurer shall be entitled to the credit in lieu of the insured, except that the insurer may elect, in a form prescribed by the Secretary, to not pay the credit and require the insured to make application for the credit. In the event of such election, the insurer shall provide to the Secretary and the insured the name and tax identification number of the insurer and of the insured and indicate the proper amount of the credit. ``(d) Coordination With Respect to Exemption.--If taxable property or services purchased by an insurer on behalf of an insured are purchased free of tax by virtue of section 2(a)(8)(C), then the credit provided by this section shall not be available with respect to that purchase. ``(e) Insurance Contract.--For purposes of subsection (a), the term `insurance contract' shall include a life insurance contract, a health insurance contract, a property and casualty loss insurance contract, a general liability insurance contract, a marine insurance contract, a fire insurance contract, an accident insurance contract, a disability insurance contract, a long-term care insurance contract, and an insurance contract that provides a combination of these types of insurance. ``SEC. 207. REFUNDS. ``(a) Registered Sellers.--If a registered seller files a monthly tax report with an overpayment, then, upon application by the registered seller in a form prescribed by the sales tax administering authority, the overpayment shown on the report shall be refunded to the registered seller within 60 days of receipt of said application. In the absence of such application, the overpayment may be carried forward, without interest, by the person entitled to the credit. ``(b) Other Persons.--If a person other than a registered seller has an overpayment for any month, then, upon application by the person in a form prescribed by the sales tax administering authority, the credit balance due shall be refunded to the person within 60 days of receipt of said application. ``(c) Interest.--No interest shall be paid on any balance due from the sales tax administering authority under this subsection for any month if such balance due is paid within 60 days after the application for refund is received. Balances due not paid within 60 days after the application for refund is received shall bear interest from the date of application. Interest shall be paid at the Federal short-term rate (as defined in section 511). ``(d) Suspension of Period To Pay Refund Only if Federal or State Court Ruling.--The 60-day periods under subsections (a) and (b) shall be suspended with respect to a purported overpayment (or portion thereof) only during any period that there is in effect a preliminary, temporary, or final ruling from a Federal or State court that there is reasonable cause to believe that such overpayment may not actually be due. ``CHAPTER 3--FAMILY CONSUMPTION ALLOWANCE ``Sec. 301. Family consumption allowance. ``Sec. 302. Qualified family. ``Sec. 303. Monthly poverty level. ``Sec. 304. Rebate mechanism. ``Sec. 305. Change in family circumstances. ``SEC. 301. FAMILY CONSUMPTION ALLOWANCE. ``Each qualified family shall be eligible to receive a sales tax rebate each month. The sales tax rebate shall be in an amount equal to the product of-- ``(1) the rate of tax imposed by section 101, and ``(2) the monthly poverty level. ``SEC. 302. QUALIFIED FAMILY. ``(a) General Rule.--For purposes of this chapter, the term `qualified family' shall mean one or more family members sharing a common residence. All family members sharing a common residence shall be considered as part of one qualified family. ``(b) Family Size Determination.-- ``(1) In general.--To determine the size of a qualified family for purposes of this chapter, family members shall mean-- ``(A) an individual, ``(B) the individual's spouse, ``(C) all lineal ancestors and descendants of said individual (and such individual's spouse), ``(D) all legally adopted children of such individual (and such individual's spouse), and ``(E) all children under legal guardianship of such individual (or such individual's spouse). ``(2) Identification requirements.--In order for a person to be counted as a member of the family for purposes of determining the size of the qualified family, such person must-- ``(A) have a bona fide Social Security number, and ``(B) be a lawful resident of the United States. ``(c) Children Living Away From Home.-- ``(1) Students living away from home.--Any person who was a registered student during not fewer than 5 months in a calendar year while living away from the common residence of a qualified family but who receives over 50 percent of such person's support during a calendar year from members of the qualified family shall be included as part of the family unit whose members provided said support for purposes of this chapter. ``(2) Children of divorced or separated parents.--If a child's parents are divorced or legally separated, a child for purposes of this chapter shall be treated as part of the qualified family of the custodial parent. In cases of joint custody, the custodial parent for purposes of this chapter shall be the parent that has custody of the child for more than one-half of the time during a given calendar year. A parent entitled to be treated as the custodial parent pursuant to this paragraph may release this claim to the other parent if said release is in writing. ``(d) Annual Registration.--In order to receive the family consumption allowance provided by section 301, a qualified family must register with the sales tax administering authority in a form prescribed by the Secretary. The annual registration form shall provide-- ``(1) the name of each family member who shared the qualified family's residence on the family determination date, ``(2) the Social Security number of each family member on the family determination date who shared the qualified family's residence on the family determination date, ``(3) the family member or family members to whom the family consumption allowance should be paid, ``(4) a certification that all listed family members are lawful residents of the United States, ``(5) a certification that all family members sharing the common residence are listed, ``(6) a certification that no family members were incarcerated on the family determination date (within the meaning of subsection (l)), and ``(7) the address of the qualified family. Said registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the date of filing. ``(e) Registration Not Mandatory.--Registration is not mandatory for any qualified family. ``(f) Effect of Failure To Provide Annual Registration.--Any qualified family that fails to register in accordance with this section within 30 days of the family determination date, shall cease receiving the monthly family consumption allowance in the month beginning 90 days after the family determination date. ``(g) Effect of Curing Failure To Provide Annual Registration.--Any qualified family that failed to timely make its annual registration in accordance with this section but subsequently cures its failure to register, shall be entitled to up to 6 months of lapsed sales tax rebate payments. No interest on lapsed payment amount shall be paid. ``(h) Effective Date of Annual Registrations.--Annual registrations shall take effect for the month beginning 90 days after the family registration date. ``(i) Effective Date of Revised Registrations.--A revised registration made pursuant to section 305 shall take effect for the first month beginning 60 days after the revised registration was filed. The existing registration shall remain in effect until the effective date of the revised registration. ``(j) Determination of Registration Filing Date.--An annual or revised registration shall be deemed filed when-- ``(1) deposited in the United States mail, postage prepaid, to the address of the sales tax administering authority, ``(2) delivered and accepted at the offices of the sales tax administering authority, or ``(3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority. ``(k) Proposed Registration To Be Provided.--Thirty or more days before the family registration date, the sales tax administering authority shall mail to the address shown on the most recent rebate registration or change of address notice filed pursuant to section 305(d) a proposed registration that may be simply signed by the appropriate family members if family circumstances have not changed. ``(l) Incarcerated Individuals.--An individual shall not be eligible under this chapter to be included as a member of any qualified family if that individual-- ``(1) is incarcerated in a local, State, or Federal jail, prison, mental hospital, or other institution on the family determination date, and ``(2) is scheduled to be incarcerated for 6 months or more in the 12-month period following the effective date of the annual registration or the revised registration of said qualified family. ``(m) Family Determination Date.--The family determination date is a date assigned to each family by the Secretary for purposes of determining qualified family size and other information necessary for the administration of this chapter. The Secretary shall promulgate regulations regarding the issuance of family determination dates. In the absence of any regulations, the family determination date for all families shall be October 1. The Secretary may assign family determination dates for administrative convenience. Permissible means of assigning family determination dates include a method based on the birth dates of family members. ``(n) Cross Reference.--For penalty for filing false rebate claim, see section 504(i). ``SEC. 303. MONTHLY POVERTY LEVEL. ``(a) In General.--The monthly poverty level for any particular month shall be one-twelfth of the `annual poverty level'. For purposes of this section the `annual poverty level' shall be the sum of-- ``(1) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a particular family size, and ``(2) in case of families that include a married couple, the `annual marriage penalty elimination amount'. ``(b) Annual Marriage Penalty Elimination Amount.--The annual marriage penalty elimination amount shall be the amount that is-- ``(1) the amount that is two times the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of one, less ``(2) the annual level determined by the Department of Health and Human Services poverty guidelines required by sections 652 and 673(2) of the Omnibus Reconciliation Act of 1981 for a family of two. ``SEC. 304. REBATE MECHANISM. ``(a) General Rule.--The Social Security Administration shall provide a monthly sales tax rebate to duly registered qualified families in an amount determined in accordance with section 301. ``(b) Persons Receiving Rebate.--The payments shall be made to the persons designated by the qualifying family in the annual or revised registration for each qualified family in effect with respect to the month for which payment is being made. Payments may only be made to persons 18 years or older. If more than 1 person is designated in a registration to receive the rebate, then the rebate payment shall be divided evenly between or among those persons designated. ``(c) When Rebates Mailed.--Rebates shall be mailed on or before the first business day of the month for which the rebate is being provided. ``(d) Smart Cards and Direct Electronic Deposit Permissible.--The Social Security Administration may provide rebates in the form of smart cards that carry cash balances in their memory for use in making purchases at retail establishments or by direct electronic deposit. ``SEC. 305. CHANGE IN FAMILY CIRCUMSTANCES. ``(a) General Rule.--In the absence of the filing of a revised registration in accordance with this chapter, the common residence of the qualified family, marital status and number of persons in a qualified family on the family registration date shall govern determinations required to be made under this chapter for purposes of the following calendar year. ``(b) No Double Counting.--In no event shall any person be considered part of more than one qualified family. ``(c) Revised Registration Permissible.--A qualified family may file a revised registration for purposes of section 302(d) to reflect a change in family circumstances. A revised registration form shall provide-- ``(1) the name of each family member who shared the qualified family's residence on the filing date of the revised registration, ``(2) the Social Security number of each family member who shared the qualified family's residence on the filing date of the revised registration, ``(3) the family member or family members to whom the family consumption allowance should be paid, ``(4) a certification that all listed family members are lawful residents of the United States, ``(5) a certification that all family members sharing the commoner residence are listed, ``(6) a certification that no family members were incarcerated on the family determination date (within the meaning of section 302(1)), and ``(7) the address of the qualified family. Said revised registration shall be signed by all members of the qualified family that have attained the age of 21 years as of the filing date of the revised registration. ``(d) Change of Address.--A change of address for a qualified family may be filed with the sales tax administering authority at any time and shall not constitute a revised registration. ``(e) Revised Registration Not Mandatory.--Revised registrations reflecting changes in family status are not mandatory. ``CHAPTER 4--FEDERAL AND STATE COOPERATIVE TAX ADMINISTRATION ``Sec. 401. Authority for States to collect tax. ``Sec. 402. Federal administrative support for States. ``Sec. 403. Federal-State tax conferences. ``Sec. 404. Federal administration in certain States. ``Sec. 405. Interstate allocation and destination determination. ``Sec. 406. General administrative matters. ``Sec. 407. Jurisdiction. ``SEC. 401. AUTHORITY FOR STATES TO COLLECT TAX. ``(a) In General.--The tax imposed by section 101 on gross payments for the use or consumption of taxable property or services within a State shall be administered, collected, and remitted to the United States Treasury by such State if the State is an administering State. ``(b) Administering State.--For purposes of this section, the term `administering State' means any State-- ``(1) which maintains a sales tax, and ``(2) which enters into a cooperative agreement with the Secretary containing reasonable provisions governing the administration by such State of the taxes imposed by the subtitle and the remittance to the United States in a timely manner of taxes collected under this chapter. ``(c) Cooperative Agreements.--The agreement under subsection (b)(2) shall include provisions for the expeditious transfer of funds, contact officers, dispute resolution, information exchange, confidentiality, taxpayer rights, and other matters of importance. The agreement shall not contain extraneous matters. ``(d) Timely Remittance of Tax.-- ``(1) In general.--Administering States shall remit and pay over taxes collected under this subtitle on behalf of the United States (less the administration fee allowable under paragraph (2)) not later than 5 days after receipt. Interest at 150 percent of the Federal short-term rate shall be paid with respect to amounts remitted after the due date. ``(2) Administration fee.--An administering State may retain an administration fee equal to one-quarter of 1 percent of the amounts otherwise required to be remitted to the United States under this chapter by the administering State. ``(e) Limitation on Administration of Tax by United States.--The Secretary may administer the tax imposed by this subtitle in an administering State only if-- ``(1)(A) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or ``(B) such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2), ``(2) the State has failed to cure such alleged failures and breaches within a reasonable time, ``(3) the Secretary provides such State with written notice of such alleged failures and breaches, and ``(4) a District Court of the United States within such State, upon application of the Secretary, has rendered a decision-- ``(A) making findings of fact that-- ``(i) such State has failed on a regular basis to timely remit to the United States taxes collected under this chapter on behalf of the United States, or such State has on a regular basis otherwise materially breached the agreement referred to in subsection (b)(2), ``(ii) the Secretary has provided such State with written notice of such alleged failures and breaches, and ``(iii) the State has failed to cure such alleged failures and breaches within a reasonable time, and ``(B) making a determination that it is in the best interest of the citizens of the United States that the administering State's authority to administer the tax imposed by this subtitle be revoked and said tax be administered directly by the Secretary. The order of the District Court revoking the authority of an Administering State shall contain provisions governing the orderly transfer of authority to the Secretary. ``(f) Reinstitution.--A State that has had its authority revoked pursuant to subsection (e) shall not be an administering State for a period of not less than 5 years after the date of the order of revocation. For the first calendar year commencing 8 years after the date of the order of revocation, the State shall be regarded without prejudice as eligible to become an administering State. ``(g) Third State Administration Permissible.--It shall be permissible for a State to contract with an administering State to administer the State's sales tax for an agreed fee. In this case, the agreement contemplated by subsection (c) shall have both the State and the Federal Government as parties. ``(h) Investigations and Audits.--Administering States shall not conduct investigations or audits at facilities in other administering States in connection with the tax imposed by section 101 or conforming State sales tax but shall instead cooperate with other administering States using the mechanisms established by section 402, by compact or by other agreement. ``SEC. 402. FEDERAL ADMINISTRATIVE SUPPORT FOR STATES. ``(a) In General.--The Secretary shall administer a program to facilitate information sharing among States. ``(b) State Compacts.--The Secretary shall facilitate, and may be a party to a compact among States for purposes of facilitating the taxation of interstate purchases and for other purposes that may facilitate implementation of this subtitle. ``(c) Agreement With Conforming States.--The Secretary is authorized to enter into and shall enter into an agreement among conforming States enabling conforming States to collect conforming State sales tax on sales made by sellers without a particular conforming State to a destination within that particular conforming State. ``(d) Secretary's Authority.--The Secretary shall have the authority to promulgate regulations, to provide guidelines, to assist States in administering the national sales tax, to provide for uniformity in the administration of the tax and to provide guidance to the public. ``SEC. 403. FEDERAL-STATE TAX CONFERENCES. ``Not less than once annually, the Secretary shall host a conference with the sales tax administrators from the various administering States to evaluate the state of the national sales tax system, to address issues of mutual concern and to develop and consider legislative, regulatory, and administrative proposals to improve the tax system. ``SEC. 404. FEDERAL ADMINISTRATION IN CERTAIN STATES. ``The Secretary shall administer the tax imposed by this subtitle in any State or other United States jurisdiction that-- ``(1) is not an administering State, or ``(2) elected to have another State administer its tax in accordance with section 401(g). ``SEC. 405. INTERSTATE ALLOCATION AND DESTINATION DETERMINATION. ``(a) Destination Generally.--The tax imposed by this subtitle is a destination principle tax. This section shall govern for purposes of determining-- ``(1) whether the destination of taxable property and services is within or without the United States, and ``(2) which State or territory within the United States is the destination of taxable property and services. ``(b) Tangible Personal Property.--Except as provided in subsection (g) (relating to certain leases), the destination of tangible personal property shall be the State or territory in which the property was first delivered to the purchaser (including agents and authorized representatives). ``(c) Real Property.--The destination of real property, or rents or leaseholds on real property, shall be the State or territory in which the real property is located. ``(d) Other Property.--The destination of any other taxable property shall be the residence of the purchaser. ``(e) Services.-- ``(1) General rule.--The destination of services shall be the State or territory in which the use or consumption of the services occurred. Allocation of service invoices relating to more than 1 jurisdiction shall be on the basis of time or another method determined by regulation. ``(2) Telecommunications services.--The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services include telephone, telegraph, beeper, radio, cable television, satellite, and computer on-line or network services. ``(3) Domestic transportation services.--For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among each final destination). ``(4) International transportation services.--For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin. ``(5) Electrical service.--The destination of electrical services shall be the residence of the purchaser. ``(f) Financial Intermediation Services.--The destination of financial intermediation services shall be the residence of the purchaser. ``(g) Rents Paid for the Lease of Tangible Property.-- ``(1) General rule.--Except as provided in paragraph (2), the destination of rents paid for the lease of tangible property and leaseholds on such property shall be where the property is located while in use. ``(2) Land vehicles; aircraft, water craft.--The destination of rental and lease payments on land vehicles, aircraft and water craft shall be-- ``(A) in the case of rentals and leases of a term of 1 month or less, the location where the land vehicle, aircraft, or water craft was originally delivered to the renter or lessee, and ``(B) in the case of rentals and leases of a term greater than 1 month, the residence of the renter or lessee. ``(h) Allocation Rules.--For purposes of allocating revenue-- ``(1) between or among administering States from taxes imposed by this subtitle or from State sales taxes administered by third-party administering States, or ``(2) between or among States imposing conforming State sales taxes, the revenue shall be allocated to those States that are the destination of the taxable property or service. ``(i) Federal Office of Revenue Allocation.--The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering States as to the destination of taxable property and services for purposes of allocating revenue between or among the States from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any Federal court with competent jurisdiction. The standard of review shall be abuse of discretion. ``SEC. 406. GENERAL ADMINISTRATIVE MATTERS. ``(a) In General.--The Secretary and each sales tax administering authority may employ such persons as may be necessary for the administration of this subtitle and may delegate to employees the authority to conduct interviews, hearings, prescribe rules, promulgate regulations, and perform such other duties as are required by this subtitle. ``(b) Resolution of Any Inconsistent Rules and Regulations.--In the event that the Secretary and any sales tax administering authority have issued inconsistent rules or regulations, any lawful rule or regulation issued by the Secretary shall govern. ``(c) Adequate Notice To Be Provided.--Except in the case of an emergency declared by the Secretary (and not his designee), no rule or regulation issued by the Secretary with respect to any internal revenue law shall take effect before 90 days have elapsed after its publication in the Federal Register. Upon issuance, the Secretary shall provide copies of all rules or regulations issued under this title to each sales tax administering authority. ``(d) No Rules, Rulings, or Regulations With Retroactive Effect.-- No rule, ruling, or regulation issued or promulgated by the Secretary relating to any internal revenue law or by a sales tax administering authority shall apply to a period prior to its publication in the Federal Register (or State equivalent) except that a regulation may take retroactive effect to prevent abuse. ``(e) Review of Impact of Regulations, Rules, and Rulings on Small Business.-- ``(1) Submission to small business administration.--After publication of any proposed or temporary regulation by the Secretary relating to internal revenue laws, the Secretary shall submit such regulation to the Chief Counsel for Advocacy of the Small Business Administration for comment on the impact of such regulation on small businesses. Not later than the date 30 days after the date of such submission, the Chief Counsel for Advocacy of the Small Business Administration shall submit comments on such regulation to the Secretary. ``(2) Consideration of comments.--In prescribing any final regulation which supersedes a proposed or temporary regulation which had been submitted under this subsection to the Chief Counsel for Advocacy of the Small Business Administration, the Secretary shall-- ``(A) consider the comments of the Chief Counsel for Advocacy of the Small Business Administration on such proposed or temporary regulation, and ``(B) in promulgating such final regulation, include a narrative that describes the response to such comments. ``(3) Submission of certain final regulation.--In the case of promulgation by the Secretary of any final regulations (other than a temporary regulation) which do not supersede a proposed regulation, the requirements of paragraphs (1) and (2) shall apply, except that the submission under paragraph (1) shall be made at least 30 days before the date of such promulgation, and the consideration and discussion required under paragraph (2) shall be made in connection with the promulgation of such final regulation. ``(f) Small Business Regulatory Safeguards.--The Small Business Regulatory Enforcement Fairness Act (Public Law 104-121; 110 Stat. 857 (`SBREFA')) and the Regulatory Flexibility Act (5 U.S.C. 601-612 (`RFA')) shall apply to regulations promulgated under this subtitle. ``SEC. 407. JURISDICTION. ``(a) State Jurisdiction.--A sales tax administering authority shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with section 405) within the State of said sales tax administering authority. This grant of jurisdiction is not exclusive of any other jurisdiction that such sales tax administering authority may have. ``(b) Federal Jurisdiction.--The grant of jurisdiction in subsection (a) shall not be in derogation of Federal jurisdiction over the same matter. The Federal Government shall have the right to exercise preemptive jurisdiction over matters relating to the taxes imposed by this subtitle. ``CHAPTER 5--OTHER ADMINISTRATIVE PROVISIONS ``Sec. 501. Monthly reports and payments. ``Sec. 502. Registration. ``Sec. 503. Accounting. ``Sec. 504. Penalties. ``Sec. 505. Burden of persuasion and burden of production. ``Sec. 506. Attorneys' and accountancy fees. ``Sec. 507. Summons, examinations, audits, etc. ``Sec. 508. Records. ``Sec. 509. Tax to be separately stated and charged. ``Sec. 510. Coordination with title 11. ``Sec. 511. Applicable interest rate. ``SEC. 501. MONTHLY REPORTS AND PAYMENTS. ``(a) Tax Reports and Filing Dates.-- ``(1) In general.--On or before the 15th day of each month, each person who is-- ``(A) liable to collect and remit the tax imposed by this subtitle by reason of section 103(a), or ``(B) liable to pay tax imposed by this subtitle which is not collected pursuant to section 103(a), shall submit to the appropriate sales tax administering authority (in a form prescribed by the Secretary) a report relating to the previous calendar month. ``(2) Contents of report.--The report required under paragraph (1) shall set forth-- ``(A) the gross payments referred to in section 101, ``(B) the tax collected under chapter 4 in connection with such payments, ``(C) the amount and type of any credit claimed, and ``(D) other information reasonably required by the Secretary or the sales tax administering authority for the administration, collection, and remittance of the tax imposed by this subtitle. ``(b) Tax Payments Date.-- ``(1) General rule.--The tax imposed by this subtitle during any calendar month is due and shall be paid to the appropriate sales tax administering authority on or before the 15th day of the succeeding month. Both Federal tax imposed by this subtitle and conforming State sales tax (if any) shall be paid in 1 aggregate payment. ``(2) Cross reference.--See subsection (e) relating to remitting of separate segregated funds for sellers that are not small sellers. ``(c) Extensions for Filing Reports.-- ``(1) Automatic extensions for not more than 30 days.--On application, an extension of not more than 30 days to file reports under subsection (a) shall be automatically granted. ``(2) Other extensions.--On application, extensions of 30 to 60 days to file such reports shall be liberally granted by the sales tax administering authority for reasonable cause. Extensions greater than 60 days may be granted by the sales tax administering authority to avoid hardship. ``(3) No extension for payment of taxes.--Notwithstanding paragraphs (1) and (2), no extension shall be granted with respect to the time for paying or remitting the taxes under this subtitle. ``(d) Telephone Reporting of Violations.--The Secretary shall establish a system under which a violation of this subtitle can be brought to the attention of the sales tax administering authority for investigation through the use of a toll-free telephone number and otherwise. ``(e) Separate Segregated Accounts.-- ``(1) In general.--Any registered seller that is not a small seller shall deposit all sales taxes collected pursuant to section 103 in a particular week in a separate segregated account maintained at a bank or other financial institution within 3 business days of the end of such week. Said registered seller shall also maintain in that account sufficient funds to meet the bank or financial institution minimum balance requirements, if any, and to pay account fees and costs. ``(2) Small seller.--For purposes of this subsection, a small seller is any person that has not collected $20,000 or more of the taxes imposed by this subtitle in any of the previous 12 months. ``(3) Large sellers.--Any seller that has collected $100,000 or more of the taxes imposed by this subtitle in any of the previous 12 months is a large seller. A large seller shall remit to the sales tax administering authority the entire balance of deposited taxes in its separate segregated account on the first business day following the end of the calendar week. The Secretary may by regulation require the electronic transfer of funds due from large sellers. ``(4) Week.--For purposes of this subsection, the term `week' shall mean the 7-day period ending on a Friday. ``(f) Determination of Report Filing Date.--A report filed pursuant to subsection (a) shall be deemed filed when-- ``(1) deposited in the United States mail, postage prepaid, addressed to the sales tax administering authority, ``(2) delivered and accepted at the offices of the sales tax administering authority, ``(3) provided to a designated commercial private courier service for delivery within 2 days to the sales tax administering authority at the address of the sales tax administering authority, or ``(4) by other means permitted by the Secretary. ``(g) Security Requirements.--A large seller (within the meaning of subsection (e)(3)) shall be required to provide security in an amount equal to the greater of $100,000 or one and one-half times the seller's average monthly tax liability during the previous 6 calendar months. Security may be a cash bond, a bond from a surety company approved by the Secretary, a certificate of deposit, or a State or United States Treasury bond. A bond qualifying under this subsection must be a continuing instrument for each calendar year (or portion thereof) that the bond is in effect. The bond must remain in effect until the surety or sureties are released and discharged. Failure to provide security in accordance with this section shall result in revocation of the seller's section 502 registration. If a person who has provided security pursuant to this subsection-- ``(1) fails to pay an amount indicated in a final notice of amount due under this subtitle (within the meaning of section 605(d)), ``(2) no Taxpayer Assistance Order is in effect relating to the amount due, ``(3) either the time for filing an appeal pursuant to section 604 has passed or the appeal was denied, and ``(4) the amount due is not being litigated in any judicial forum, then the security or part of the security, as the case may be, may be forfeited in favor of the Secretary to the extent of such tax due (plus interest if any). ``(h) Rewards Program.--The Secretary is authorized to maintain a program of awards wherein individuals that assist the Secretary or sales tax administering authorities in discovering or prosecuting tax fraud may be remunerated. ``(i) Cross Reference.--For interest due on taxes remitted late, see section 6601. ``SEC. 502. REGISTRATION. ``(a) In General.--Any person liable to collect and remit taxes pursuant to section 103(a) who is engaged in a trade or business shall register as a seller with the sales tax administering authority administering the taxes imposed by this subtitle. ``(b) Affiliated Firms.--Affiliated firms shall be treated as 1 person for purposes of this section. Affiliated firms may elect, upon giving notice to the Secretary in a form prescribed by the Secretary, to treat separate firms as separate persons for purposes of this subtitle. ``(c) Designation of Tax Matters Person.--Every person registered pursuant to subsection (a) shall designate a tax matters person who shall be an individual whom the sales tax administering authority may contact regarding tax matters. Each person registered must provide notice of a change in the identity of the tax matters person within 30 days of said change. ``(d) Effect of Failure To Register.--Any person that is required to register and who fails to do so is prohibited from selling taxable property or services. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section. ``SEC. 503. ACCOUNTING. ``(a) Cash Method To Be Used Generally.--Registered sellers and other persons shall report transactions using the cash method of accounting unless an election to use the accrual method of accounting is made pursuant to subsection (b). ``(b) Election To Use Accrual Method.--A person may elect with respect to a calender year to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued. ``(c) Cross Reference.--See section 205 for rules relating to bad debts for sellers electing the accrual method. ``SEC. 504. PENALTIES. ``(a) Failure To Register.--Each person who is required to register pursuant to section 502 but fails to do so prior to notification by the sales tax administering authority shall be liable for a penalty of $500. ``(b) Reckless or Willful Failure To Collect Tax.-- ``(1) Civil penalty; fraud.--Each person who is required to and recklessly or willfully fails to collect taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of tax not collected. ``(2) Criminal penalty.--Each person who is required to and willfully fails as part of a trade or business to collect taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both. ``(c) Reckless or Willful Assertion of Invalid Exemption.-- ``(1) Civil penalty; fraud.--Each person who recklessly or willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not collected or remitted. ``(2) Criminal penalty.--Each person who willfully asserts an invalid intermediate or export sales exemption from the taxes imposed by this subtitle may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 1 year or both. ``(d) Reckless or Willful Failure To Remit Tax Collected.-- ``(1) Civil penalty; fraud.--Each person who is required to and recklessly or willfully fails to remit taxes imposed by this subtitle and collected from purchasers shall be liable for a penalty equal to the greater of $1,000 or 50 percent of the tax not remitted. ``(2) Criminal penalty.--Each person who willfully fails to remit taxes imposed by this subtitle and collected from purchasers may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period of not more than 2 years or both. ``(e) Reckless or Willful Failure To Pay Tax.--Each person who is required to and recklessly or willfully fails to pay taxes imposed by this subtitle shall be liable for a penalty equal to the greater of $500 or 20 percent of the tax not paid. ``(f) Penalty for Late Filing.-- ``(1) In general.--In the case of a failure by any person who is required to and fails to file a report required by section 501 on or before the due date (determined with regard to any extension) for such report, such person shall pay a penalty for each month or fraction thereof that said report is late equal to the greater of-- ``(A) $50, or ``(B) 0.5 percent of the gross payments required to be shown on the report. ``(2) Increased penalty on returns filed after written inquiry.--The amount of the penalty under paragraph (1) shall be doubled with respect to any report filed after a written inquiry with respect to such report is received by the taxpayer from the sales tax administering authority. ``(3) Limitation.--The penalty imposed under this subsection shall not exceed 12 percent. ``(4) Exceptions.-- ``(A) Reasonable cause.--No penalty shall be imposed under this subsection with respect to any failure if it is shown that such failure is due to reasonable cause. ``(B) Other waiver authority.--In addition to penalties not imposed by reason of subparagraph (A), the sales tax administering authority, on application, shall waive the penalty imposed by paragraph (1) once per registered person per 24-month period. The preceding sentence shall not apply to a penalty determined under paragraph (2). ``(g) Penalty for Willfully or Recklessly Accepting a False Intermediate or Export Sales Certificate.--A person who willingly or recklessly accepts a false intermediate or export sales certificate shall pay a penalty equal to 20 percent of the tax not collected by reason of said acceptance. ``(h) Penalty for Late Remittance of Taxes.-- ``(1) In general.--A person who is required to timely remit taxes imposed by this subtitle and remits taxes more than 1 month after such taxes are due shall pay a penalty equal to 1 percent per month (or fraction thereof) from the due date. ``(2) Limitation.--The penalty imposed under this subsection shall not exceed 24 percent. ``(3) Exceptions for reasonable cause.--No penalty shall be imposed under paragraph (1) with respect to any late remittance if it is shown that such late remittance is due to reasonable cause. ``(i) Penalty for Filing False Rebate Claim.-- ``(1) Civil penalty; fraud.--A person who willingly or recklessly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) shall-- ``(A) pay a penalty equal to the greater of $500 or 50 percent of the claimed annual rebate amount not actually due, and ``(B) repay any rebates received as a result of the false rebate claim (together with interest). ``(2) Criminal penalty.--A person who willingly files a false claim for a family consumption allowance rebate (within the meaning of chapter 3) may be fined an amount up to the amount determined in accordance with paragraph (1) or imprisoned for a period not more than 1 year or both. ``(j) Penalty for Bad Check.--If any check or money order in payment of any amount receivable under this subtitle is not duly paid, in addition to other penalties provided by law, the person who tendered such check shall pay a penalty equal to the greater of-- ``(1) $25, or ``(2) two percent of the amount of such check. ``(k) Penalty for Failure To Maintain a Separate Segregated Account.--Any person required to maintain a separate segregated account pursuant to section 501(e) that fails to maintain such a separate segregated account shall pay a penalty of $1,000. ``(l) Penalty for Failure To Deposit Collected Taxes in a Separate Segregated Account.--Any person required to deposit collected taxes into a separate segregated account maintained pursuant to section 501(e) that fails to timely deposit said taxes into the separate segregated account shall pay a penalty equal to 1 percent of the amount required to be deposited. The penalty imposed by the previous sentence shall be tripled unless said taxes have been deposited in the separate segregated account or remitted to the sales tax administering authority within 16 days of the date said deposit was due. ``(m) Joint and Several Liability for Tax Matters Person and Responsible Officers.--The tax matters person (designated pursuant to section 502(c)) and responsible officers or partners of a firm shall be jointly and severally liable for the tax imposed by this subtitle and penalties imposed by this subtitle. ``(n) Right of Contribution.--If more than 1 person is liable with respect to any tax or penalty imposed by this subtitle, each person who paid such tax or penalty shall be entitled to recover from other persons who are liable for such tax or penalty an amount equal to the excess of the amount paid by such person over such person's proportionate share of the tax or penalty. ``(o) Civil Penalties and Criminal Fines Not Exclusive.-- ``(1) Civil penalty.--The fact that a civil penalty has been imposed shall not prevent the imposition of a criminal fine. ``(2) Criminal fine.--The fact that a criminal fine has been imposed shall not prevent the imposition of a civil penalty. ``(p) Confidentiality.--Any person who violates the requirements relating to confidentiality of tax information (as provided in section 605(e)) may be fined up to $10,000 or imprisoned for a period of not more than 1 year, or both. ``(q) Cross Reference.--For interest due on late payments, see section 6601. ``SEC. 505. BURDEN OF PERSUASION AND BURDEN OF PRODUCTION. ``In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall have the burden of production of documents and records but the sales tax administering authority or the Secretary shall have the burden of persuasion. In all disputes concerning an exemption claimed by a purchaser, if the seller has on file an intermediate sale or export sale certificate from the purchaser and did not have reasonable cause to believe that the certificate was improperly provided by the purchaser with respect to such purchase (within the meaning of section 103), then the burden of production of documents and records relating to that exemption shall rest with the purchaser and not with the seller. ``SEC. 506. ATTORNEYS' AND ACCOUNTANCY FEES. ``In all disputes concerning taxes imposed by this subtitle, the person engaged in a dispute with the sales tax administering authority or the Secretary, as the case may be, shall be entitled to reasonable attorneys' fees, accountancy fees, and other reasonable professional fees incurred in direct relation to the dispute unless the sales tax administering authority or the Secretary establishes that its position was substantially justified. ``SEC. 507. SUMMONS, EXAMINATIONS, AUDITS, ETC. ``(a) Summons.--Persons are subject to administrative summons by the sales tax administering authority for records, documents, and testimony required by the sales tax administering authority to accurately determine liability for tax under this subtitle. A summons shall be served by the sales tax administering authority by an attested copy delivered in hand to the person to whom it is directed or left at his last known address. The summons shall describe with reasonable certainty what is sought. ``(b) Examinations and Audits.--The sales tax administering authority has the authority to conduct at a reasonable time and place examinations and audits of persons who are or may be liable to collect and remit tax imposed by this subtitle and to examine the books, papers, records, or other data of such persons which may be relevant or material to the determination of tax due. ``(c) Limitation on Authority in Case of Referral.--No administrative summons may be issued by the sales tax administering authority and no action be commenced to enforce an administrative summons with respect to any person if a Justice Department referral or referral to a State Attorney General's Office is in effect with respect to such person relating to a tax imposed by this subtitle. Such referral is in effect with respect to any person if the sales tax administering authority or the Secretary has recommended to the Justice Department or a State Attorney General's Office a grand jury investigation of such person or a criminal prosecution of such person that contemplates criminal sanctions under this title. A referral shall be terminated when-- ``(1) the Justice Department or a State Attorney General's Office notifies the sales tax administering authority or the Secretary that he will not-- ``(A) prosecute such person for any offense connected with the internal revenue laws, ``(B) authorize a grand jury investigation of such person with respect to such offense, or ``(C) continue such a grand jury investigation, or ``(2) a final disposition has been made of any criminal proceeding connected with the internal revenue laws, or conforming State sales tax, against such person. ``SEC. 508. RECORDS. ``Any person liable to remit taxes pursuant to this subtitle shall keep records (including a record of all section 509 receipts provided, complete records of intermediate and export sales, including purchaser's intermediate and export sales certificates and tax number and the net of tax amount of purchase) sufficient to determine the amounts reported, collected, and remitted for a period of 6 years after the latter of the filing of the report for which the records formed the basis or when the report was due to be filed. Any purchaser who purchased taxable property or services but did not pay tax by reason of asserting an intermediate and export sales exemption shall keep records sufficient to determine whether said exemption was valid for a period of 7 years after the purchase of taxable property or services. ``SEC. 509. TAX TO BE SEPARATELY STATED AND CHARGED. ``(a) In General.--For each purchase of taxable property or services for which a tax is imposed by section 101, the seller shall charge the tax imposed by section 101 separately from the purchase. For purchase of taxable property or services for which a tax is imposed by section 101, the seller shall provide to the purchaser a receipt for each transaction that includes-- ``(1) the property or services price exclusive of tax, ``(2) the amount of tax paid, ``(3) the property or service price inclusive of tax, ``(4) the tax rate (the amount of tax paid (per paragraph (2))) divided by the property or service price inclusive of tax (per paragraph (3)), ``(5) the date that the good or service was sold, ``(6) the name of the vendor, and ``(7) the vendor registration number. ``(b) Vending Machine Exception.--The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection are machines-- ``(1) that dispense taxable property in exchange for coins or currency, and ``(2) that sell no single item exceeding $10 per unit in price. ``(c) Financial Intermediation Services Exception.--The requirements of subsection (a) shall be inapplicable in the case of sales financial intermediation service. Receipts shall be issued when the tax is imposed (in accordance with section 803 (relating to timing of tax on financial intermediation services)). ``SEC. 510. COORDINATION WITH TITLE 11. ``No addition to tax shall be made under section 504 with respect to a period during which a case is pending under title 11, United States Code-- ``(1) if such tax was incurred by the estate and the failure occurred pursuant to an order of the court finding probable insufficiency of funds of the estate to pay administrative expenses, or ``(2) if-- ``(A) such tax was incurred by the debtor before the earlier of the order for relief or (in the involuntary case) the appointment of a trustee, and ``(B) the petition was filed before the due date prescribed by law (including extensions) for filing a return of such tax, or the date for making the addition to tax occurs on or after the date the petition was filed. ``SEC. 511. APPLICABLE INTEREST RATE. ``(a) In General.-- ``(1) Federal short-term rate.--In the case of a debt instrument, investment, financing lease, or account with a term of not over 3 years, the applicable interest rate is the Federal short-term rate. ``(2) Federal mid-term rate.--In the case of a debt instrument, investment, financing lease, or account with a term of over 3 years but not over 9 years, the applicable interest rate is the Federal mid-term rate. ``(3) Federal long-term rate.--In the case of a debt instrument, investment, financing lease, or account with a term of over 9 years, the applicable interest rate is the Federal long-term rate. ``(b) Federal Short-Term Rate.--The Federal short-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any one month) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 years or fewer. ``(c) Federal Mid-Term Rate.--The Federal mid-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of more than 3 years and not over 9 years. ``(d) Federal Long-Term Rate.--The Federal long-term rate shall be the rate determined by the Secretary based on the average market yield (selected by the Secretary and ending in the calendar month in which the determination is made during any 1 month) on outstanding marketable obligations of the United States with remaining periods to maturity of over 9 years. ``(e) Determination of Rates.--During each calendar month, the Secretary shall determine the Federal short-term rate, the Federal mid- term rate and the Federal long-term rate which shall apply during the following calendar month. ``CHAPTER 6--COLLECTIONS; APPEALS; TAXPAYER RIGHTS ``Sec. 601. Collections. ``Sec. 602. Power to levy, etc. ``Sec. 603. Problem resolution offices. ``Sec. 604. Appeals. ``Sec. 605. Taxpayer rights. ``Sec. 606. Installment agreements compromises. ``SEC. 601. COLLECTIONS. ``The sales tax administering authority shall collect the taxes imposed by this subtitle, except as provided in section 404 (relating to Federal administration in certain States). ``SEC. 602. POWER TO LEVY, ETC. ``(a) In General.--The sales tax administering authority may levy and seize property, garnish wages or salary and file liens to collect amounts due under this subtitle, pursuant to enforcement of-- ``(1) a judgment duly rendered by a court of law, ``(2) an amount due if the taxpayer has failed to exercise his appeals rights under section 604, or ``(3) an amount due if the appeals process determined that an amount remained due and the taxpayer has failed to timely petition the Tax Court for relief. ``(b) Exemption From Levy, Seizure, and Garnishments.--There shall be exempt from levy, seizure, and garnishment or penalty in connection with any tax imposed by this subtitle-- ``(1) wearing apparel, school books, fuel, provisions, furniture, personal effects, tools of a trade or profession, livestock in a household up to an aggregate value of $15,000, and ``(2) monthly money income equal to 150 percent of the monthly poverty level (as defined in section 303). ``(c) Liens To Be Timely Released.--Subject to such reasonable regulations as the Secretary may provide, any lien imposed with respect to a tax imposed by this title shall be released not later than 30 days after-- ``(1) the liability was satisfied or became unenforceable, or ``(2) a bond was accepted as security. ``SEC. 603. PROBLEM RESOLUTION OFFICES. ``(a) Problem Resolution Office To Be Established.--Each sales tax administering authority shall establish an independent Problem Resolution Office and appoint an adequate number of problem resolution officers. The head of the problem resolution office must be appointed by, and serve at the pleasure of either the State Governor (in the case of an administering State) or the President of the United States. ``(b) Authority of Problem Resolution Officers.--Problem resolution officers shall have the authority to investigate complaints and issue a Taxpayer Assistance Order to administratively enjoin any collection activity if, in the opinion of the problem resolution officer, said collection activity is reasonably likely to not be in compliance with law or to prevent hardship (other than by reason of having to pay taxes lawfully due). Problem resolution officers shall also have the authority to issue Taxpayer Assistance Orders releasing or returning property that has been levied upon or seized, ordering that a lien be released and that garnished wages be returned. A Taxpayer Assistance Order may only be rescinded or modified by the problem resolution officer that issued it, by the highest official in the relevant sales tax administering authority or by its general counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this Taxpayer Assistance Order may not be delegated. ``(c) Form of Request for Taxpayer Assistance Order.--The Secretary shall establish a form and procedure to aid persons requesting the assistance of the Problem Resolution Office and to aid the Problem Resolution Office in understanding the needs of the person seeking assistance. The use of this form, however, shall not be a prerequisite to a problem resolution officer taking action, including issuing a Taxpayer Assistance Order. ``(d) Content of Taxpayer Assistance Order.--A Taxpayer Assistance Order shall contain the name of the problem resolution officer, any provision relating to the running of any applicable period of limitation, the name of the person that the Taxpayer Assistance Order assists, the government office (or employee or officer of said government office) to whom it is directed and the action or cessation of action that the Taxpayer Assistance Order requires of said government officer (or employee or officer of said government office). The Taxpayer Assistance Order need not contain findings of fact or its legal basis; however, the problem resolution officer must provide findings of fact and the legal basis for the issuance of the Taxpayer Assistance Order to the sales tax administering authority upon the request of an officer of said authority within 2 weeks of the receipt of such request. ``(e) Independence Protected.--Problem resolution officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern of issuing injunctions that are manifestly unreasonable is proven in an administrative hearing by a preponderance of the evidence. ``(f) Other Rights Not Limited.--Nothing in this section shall limit the authority of the sales tax administering authority, the registered person or other person from pursuing any legal remedy in any court with jurisdiction over the dispute at issue. ``(g) Limitations.--The running of any applicable period of limitation shall be suspended for a period of 8 weeks following the issuance of a Taxpayer Assistance Order or, if specified, for a longer period set forth in the Taxpayer Assistance Order provided the suspension does not exceed 6 months. ``SEC. 604. APPEALS. ``(a) Administrative Appeals.--The sales tax administering authority shall establish an administrative appeals process wherein the registered person or other person in disagreement with a decision of the sales tax administering authority asserting liability for tax is provided a full and fair hearing in connection with any disputes said person has with the sales tax administering authority. ``(b) Timing of Administrative Appeals.--Said administrative appeal must be made within 60 days of receiving a final notice of amount due pursuant to section 605(d) unless leave for an extension is granted by the appeals officer in a form prescribed by the Secretary. Leave shall be granted to avoid hardship. ``SEC. 605. TAXPAYER RIGHTS. ``(a) Rights To Be Disclosed.--The sales tax administering authority shall provide to any person against whom it has-- ``(1) commenced an audit or investigation, ``(2) issued a final notice of amount due, ``(3) filed an administrative lien, levy, or garnishment, ``(4) commenced other collection action, ``(5) commenced an action for civil penalties, or ``(6) any other legal action, a document setting forth in plain English the rights of the person. The document shall explain the administrative appeals process, the authority of the Problem Resolution Office (established pursuant to section 603) and how to contact that Office, the burden of production and persuasion that the person and the sales tax administering authority bear (pursuant to section 505), the right of the person to professional fees (pursuant to section 506), the right to record interviews and such other rights as the person may possess under this subtitle. Said document will also set forth the procedures for entering into an installment agreement. ``(b) Right to Professional Assistance.--In all dealings with the sales tax administering authority, a person shall have the right to assistance, at their own expense, of one or more professional advisors. ``(c) Right To Record Interviews.--Any person who is interviewed by an agent of the sales tax administering authority shall have the right to video or audio tape the interview at the person's own expense. ``(d) Right to Final Notice of Amount Due.--No collection or enforcement action will be commenced against a person until 30 days after they have been provided with a final notice of amount due under this subtitle by the sales tax administering authority. The final notice of amount due shall set forth the amount of tax due (along with any interest and penalties due) and the factual and legal basis for such amounts being due with sufficient specificity that such basis can be understood by a reasonable person who is not a tax professional reading the notice. The final notice shall be sent by certified mail, return receipt requested, to-- ``(1) the address last provided by a registered seller, or ``(2) the best available address to a person who is not a registered seller. ``(e) Confidentiality of Tax Information.-- ``(1) In general.--All reports and report information (related to any internal revenue law) shall be confidential and except as authorized by this title-- ``(A) no officer or employee (including former officers and employees) of the United States, ``(B) no officer or employee (including former officers and employees) of any State or local agency who has had access to returns or return information, and ``(C) no other person who has had access to returns or return information, shall disclose any report or report information obtained by him in any manner in connection with his service as such officer or employee or otherwise. ``(2) Designees.--The sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information of a person to that person or persons as that person may designate to receive said information or return. ``(3) Other sales tax administering authorities.--A sales tax administering authority may impose, disclose the report and report information to another sales tax administering authority. ``(4) Incompetency.--A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the committee, trustee, or guardian of a person who is incompetent. ``(5) Deceased persons.--A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to the decedent's-- ``(A) administrator, executor, estate trustee, or ``(B) heir at law, next of kin, or beneficiary under a will who has a material interest that will be affected by the information. ``(6) Bankruptcy.--A sales tax administering authority may, subject to such requirements as the Secretary may impose, disclose the report and report information to a person's trustee in bankruptcy. ``(7) Congress.--Upon written request from the Chairman of the Committee on Ways and Means, the Chairman of the Committee on Finance of the Senate, or the Chairman or Chief of Staff of the Joint Committee on Taxation, a sales tax administering authority shall disclose the report and report information, except that any report or report information that can be associated with or otherwise identify a particular person shall be furnished to such committee only when sitting in closed executive session unless such person otherwise consents in writing to such disclosure. ``(8) Waiver of privacy rights.--A person may waive confidentiality rights provided by this section. Such waiver must be in writing. ``(9) Internal use.--Disclosure of the report or report information by officers or employees of a sales tax administering authority to other officers or employees of a sales tax administering authority in the ordinary course of tax administration activities shall not constitute unlawful disclosure of the report or report information. ``(10) Statistical use.--Upon request in writing by the Secretary of Commerce, the Secretary shall furnish such reports and report information to officers and employees of the Department of Commerce as the Secretary may prescribe by regulation for the purposes of, and only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law. ``(11) Department of the treasury.--Returns and return information shall be open for inspection by officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, and only to the extent necessary for, preparing economic or financial forecasts, projections, analyses, or estimates. Such inspection or disclosure shall be permitted only upon written request that sets forth the reasons why such inspection or disclosure is necessary and is signed by the head of the bureau or office of the Department of the Treasury requesting the inspection or disclosure. ``SEC. 606. INSTALLMENT AGREEMENTS; COMPROMISES. ``The sales tax administering authority is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax under this subtitle (and penalties and interest relating thereto) in installment payments if the sales tax administering authority determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the sales tax administering authority was materially inaccurate or incomplete. The sales tax administering authority may compromise any amounts alleged to be due. ``CHAPTER 7--SPECIAL RULES ``Sec. 701. Hobby activities. ``Sec. 702. Gaming activities. ``Sec. 703. Government purchases. ``Sec. 704. Government enterprises. ``Sec. 705. Mixed use property. ``Sec. 706. Not-for-profit organizations. ``SEC. 701. HOBBY ACTIVITIES. ``(a) Hobby Activities.--Neither the exemption afforded by section 102 for intermediate sales nor the credits available pursuant to section 202 or 203 shall be available for any taxable property or service purchased for use in an activity if that activity is not engaged in for-profit. ``(b) Status Deemed.--If the activity has received gross payments for the sale of taxable property or services that exceed the sum of-- ``(1) taxable property and services purchased, ``(2) wages and salary paid, and ``(3) taxes (of any type) paid, in two or more of the most recent 3 calendar years during which it operated then the business activity shall be conclusively deemed to be engaged in for profit. ``SEC. 702. GAMING ACTIVITIES. ``(a) Registration.--Any person selling one or more chances is a gaming sponsor and shall register, in a form prescribed by the Secretary, with the sales tax administering authority as a gaming sponsor. ``(b) Chance Defined.--For purposes of this section, the term `chance' means a lottery ticket, a raffle ticket, chips, other tokens, a bet or bets placed, a wager or wagers placed, or any similar device where the purchase of the right gives rise to an obligation by the gaming sponsor to pay upon the occurrence of-- ``(1) a random or unpredictable event, or ``(2) an event over which neither the gaming sponsor nor the person purchasing the chance has control over the outcome. ``(c) Chances Not Taxable Property or Service.--Notwithstanding any other provision in this subtitle, a chance is not taxable property or services for purposes of section 101. ``(d) Tax on Gaming Services Imposed.--A 23-percent tax is hereby imposed on the taxable gaming services of a gaming sponsor. This tax shall be paid and remitted by the gaming sponsor. The tax shall be remitted by the 15th day of each month with respect to taxable gaming services during the previous calendar month. ``(e) Taxable Gaming Services Defined.--For purposes of this section, the term `taxable gaming services' means-- ``(1) gross receipts of the gaming sponsor from the sale of chances, minus ``(2) the sum of-- ``(A) total gaming payoffs to chance purchasers (or their designees), and ``(B) gaming specific taxes (other than the tax imposed by this section) imposed by the Federal, State, or local government. ``SEC. 703. GOVERNMENT PURCHASES. ``(a) Government Purchases.-- ``(1) Purchases by the federal government.--Purchases by the Federal Government of taxable property and services shall be subject to the tax imposed by section 101. ``(2) Purchase by state governments and their political subdivisions.--Purchases by State governments and their political subdivisions of taxable property and services shall be subject to the tax imposed by section 101. ``(b) Cross References.--For purchases by government enterprises see section 704. ``SEC. 704. GOVERNMENT ENTERPRISES. ``(a) Government Enterprises To Collect and Remit Taxes on Sales.-- Nothing in this subtitle shall be construed to exempt any Federal, State, or local governmental unit or political subdivision (whether or not the State is an administering State) operating a government enterprise from collecting and remitting tax imposed by this subtitle on any sale of taxable property or services. Government enterprises shall comply with all duties imposed by this subtitle and shall be liable for penalties and subject to enforcement action in the same manner as private persons that are not government enterprises. ``(b) Government Enterprise.--Any entity owned or operated by a Federal, State, or local governmental unit or political subdivision that receives gross payments from private persons is a government enterprise, except that a government-owned entity shall not become a government enterprise for purposes of this section unless in any quarter it has revenues from selling taxable property or services that exceed $2,500. ``(c) Government Enterprises Intermediate Sales.-- ``(1) In general.--Government enterprises shall not be subject to tax on purchases that would not be subject to tax pursuant to section 102(b) if the government enterprise were a private enterprise. ``(2) Exception.--Government enterprises may not use the exemption afforded by section 102(b) to serve as a conduit for tax-free purchases by government units that would otherwise be subject to taxation on purchases pursuant to section 703. Transfers of taxable property or services purchased exempt from tax from a government enterprise to such government unit shall be taxable. ``(d) Separate Books of Account.--Any government enterprise must maintain books of account, separate from the nonenterprise government accounts, maintained in accordance with generally accepted accounting principles. ``(e) Trade or Business.--A government enterprise shall be treated as a trade or business for purposes of this subtitle. ``(f) Enterprise Subsidies Constitute Taxable Purchase.--A transfer of funds to a government enterprise by a government entity without full consideration shall constitute a taxable government purchase with the meaning of section 703 to the extent that the transfer of funds exceeds the fair market value of the consideration. ``SEC. 705. MIXED USE PROPERTY. ``(a) Mixed Use Property or Service.-- ``(1) Mixed use property or service defined.--For purposes of this section, the term `mixed use property or service' is a taxable property or taxable service used for both taxable use or consumption and for a purpose that would not be subject to tax pursuant to section 102(a)(1). ``(2) Taxable threshold.--Mixed use property or service shall be subject to tax notwithstanding section 102(a)(1) unless such property or service is used more than 95 percent for purposes that would give rise to an exemption pursuant to section 102(a)(1) during each calendar year (or portions thereof) it is owned. ``(3) Mixed use property or services credit.--A person registered pursuant to section 502 is entitled to a business use conversion credit (pursuant to section 202) equal to the product of-- ``(A) the mixed use property amount, ``(B) the business use ratio, and ``(C) the rate of tax imposed by section 101. ``(4) Mixed use property amount.--The mixed use property amount for each month (or fraction thereof) in which the property was owned shall be-- ``(A) one-three-hundred-sixtieth of the gross payments for real property for 360 months or until the property is sold, ``(B) one-eighty-fourth of the gross payments for tangible personal property for 84 months or until the property is sold, ``(C) one-sixtieth of the gross payments for vehicles for 60 months or until the property is sold, or ``(D) for other types of taxable property or services, a reasonable amount or in accordance with regulations prescribed by the Secretary. ``(5) Business use ratio.--For purposes of this section, the term `business use ratio' means the ratio of business use to total use for a particular calendar month (or portion thereof if the property was owned for only part of said calendar month). For vehicles, the business use ratio will be the ratio of business purpose miles to total miles in a particular calendar month. For real property, the business use ratio is the ratio of floor space used primarily for business purposes to total floor space in a particular calendar month. For tangible personal property (except for vehicles), the business use ratio is the ratio of total time used for business purposes to total time used in a particular calendar year. For other property or services, the business ratio shall be calculated using a reasonable method. Reasonable records must be maintained to support a person's business use of the mixed use property or service. ``(b) Timing of Business Use Conversion Credit Arising Out of Ownership of Mixed Use Property.--A person entitled to a credit pursuant to subsection (a)(3) arising out of the ownership of mixed use property must account for the mixed use on a calendar year basis, and may file for the credit with respect to mixed use property in any month following the calendar year giving rise to the credit. ``(c) Cross Reference.--For business use conversion credit, see section 202. ``SEC. 706. NOT-FOR-PROFIT ORGANIZATIONS. ``(a) Not-for-Profit Organizations.--Dues, contributions, and similar payments to qualified not-for-profit organizations shall not be considered gross payments for taxable property or services for purposes of this subtitle. ``(b) Definition.--For purposes of this section, the term `qualified not-for-profit organization' means a not-for-profit organization organized and operated exclusively-- ``(1) for religious, charitable, scientific, testing for public safety, literary, or educational purposes, ``(2) as civic leagues or social welfare organizations, ``(3) as labor, agricultural, or horticultural organizations, ``(4) as chambers of commerce, business leagues, or trade associations, or ``(5) as fraternal beneficiary societies, orders, or associations, no part of the net earnings of which inures to the benefit of any private shareholder or individual. ``(c) Qualification Certificates.--Upon application in a form prescribed by the Secretary, the sales tax administering authority shall provide qualification certificates to qualified not-for-profit organizations. ``(d) Taxable Transactions.--If a qualified not-for-profit organization provides taxable property or services in connection with contributions, dues, or similar payments to the organization, then it shall be required to treat the provision of said taxable property or services as a purchase taxable pursuant to this subtitle at the fair market value of said taxable property or services. ``(e) Exemptions.--Taxable property and services purchased by a qualified not-for-profit organization shall be eligible for the exemptions provided in section 102. ``CHAPTER 8--FINANCIAL INTERMEDIATION SERVICES ``Sec. 801. Determination of financial intermediation services amount. ``Sec. 802. Bad debts. ``Sec. 803. Timing of tax on financial intermediation services. ``Sec. 804. Financing leases. ``Sec. 805. Basic interest rate. ``Sec. 806. Foreign financial intermediation services. ``SEC. 801. DETERMINATION OF FINANCIAL INTERMEDIATION SERVICES AMOUNT. ``(a) Financial Intermediation Services.--For purposes of this subtitle-- ``(1) In general.--The term `financial intermediation services' means the sum of-- ``(A) explicitly charged fees for financial intermediation services, and ``(B) implicitly charged fees for financial intermediation services. ``(2) Explicitly charged fees for financial intermediation services.--The term `explicitly charged fees for financial intermediation services' includes-- ``(A) brokerage fees, ``(B) explicitly stated banking, loan origination, processing, documentation, credit check fees, or other similar fees, ``(C) safe-deposit box fees, ``(D) insurance premiums, to the extent such premiums are not allocable to the investment account of the underlying insurance policy, ``(E) trustees' fees, and ``(F) other financial services fees (including mutual fund management, sales, and exit fees). ``(3) Implicitly charged fees for financial intermediation services.-- ``(A) In general.--The term `implicitly charged fees for financial intermediation services' includes the gross imputed amount in relation to any underlying interest-bearing investment, account, or debt. ``(B) Gross imputed amount.--For purposes of subparagraph (A), the term `gross imputed amount' means-- ``(i) with respect to any underlying interest-bearing investment or account, the product of-- ``(I) the excess (if any) of the basic interest rate (as defined in section 805) over the rate paid on such investment, and ``(II) the amount of the investment or account, and ``(ii) with respect to any underlying interest-bearing debt, the product of-- ``(I) the excess (if any) of the rate paid on such debt over the basic interest rate (as defined in section 805), and ``(II) the amount of the debt. ``(b) Seller of Financial Intermediation Services.--For purposes of section 103(a), the seller of financial intermediation services shall be-- ``(1) in the case of explicitly charged fees for financial intermediation services, the seller shall be the person who receives the gross payments for the charged financial intermediation services, ``(2) in the case of implicitly charged fees for financial intermediation services with respect to any underlying interest-bearing investment or account, the person making the interest payments on the interest-bearing investment or account, and ``(3) in the case of implicitly charged fees for financial intermediation services with respect to any interest-bearing debt, the person receiving the interest payments on the interest-bearing debt. ``SEC. 802. BAD DEBTS. ``(a) In General.--For purposes of section 205(a), a bad debt shall be a business debt that becomes wholly or partially worthless to the payee. ``(b) Business Loan.--For purposes of subsection (a), a business loan or debt is a bona fide loan or debt made for a business purpose that both parties intended be repaid. ``(c) Determination of Worthlessness.-- ``(1) In general.--No loan or debt shall be considered wholly or partially worthless unless it has been in arrears for 180 days or more, except that if a debt is discharged wholly or partially in bankruptcy before 180 days has elapsed, then it shall be deemed wholly or partially worthless on the date of discharge. ``(2) Determination by holder.--A loan or debt that has been in arrears for 180 days or more may be deemed wholly or partially worthless by the holder unless a payment schedule has been entered into between the debtor and the lender. ``(d) Cross Reference.--See section 205(c) for tax on subsequent payments. ``SEC. 803. TIMING OF TAX ON FINANCIAL INTERMEDIATION SERVICES. ``The tax on financial intermediation services provided by section 801 with respect to an underlying investment account or debt shall be imposed and collected with the same frequency that statements are rendered by the financial institution in connection with the investment account or debt but not less frequently than quarterly. ``SEC. 804. FINANCING LEASES. ``(a) Definition.--For purposes of this section, the term `financing lease' means any lease under which the lessee has the right to acquire the property for 50 percent or less of its fair market value at the end of the lease term. ``(b) General Rule.--Financing leases shall be taxed in the method set forth in this section. ``(c) Determination of Principal and Interest Components of Financing Lease.--The Secretary shall promulgate rules for disaggregating the principal and interest components of a financing lease. The principal amount shall be determined to the extent possible by examination of the contemporaneous sales price or prices of property the same or similar as the leased property. ``(d) Alternative Method.--In the event that contemporaneous sales prices or property the same or similar as the leased property are not available, the principal and interest components of a financing lease shall be disaggregated using the applicable interest rate (as defined in section 511) plus 4 percent. ``(e) Principal Component.--The principal component of the financing lease shall be subject to tax as if a purchase in the amount of the principal component had been made on the day on which said lease was executed. ``(f) Interest Component.--The financial intermediation services amount with respect to the interest component of the financing lease shall be subject to tax under this subtitle. ``(g) Coordination.--If the principal component and financial intermediation services amount with respect to the interest component of a lease have been taxed pursuant to this section, then the gross lease or rental payments shall not be subject to additional tax. ``SEC. 805. BASIC INTEREST RATE. ``For purposes of this chapter, the basic interest rate with respect to a debt instrument, investment, financing lease, or account shall be the applicable interest rate (as determined in section 511). For debt instruments, investments, or accounts of contractually fixed interest, the applicable interest rate of the month of issuance shall apply. For debt instruments, investments, or accounts of variable interest rates and which have no reference interest rate, the applicable interest shall be the Federal short-term interest rate for each month. For debt instruments, investments, or accounts of variable interest rates and which have a reference interest rate, the applicable interest shall be the applicable interest rate for the reference interest rate for each month. ``SEC. 806. FOREIGN FINANCIAL INTERMEDIATION SERVICES. ``(a) Special Rules Relating to International Financial Intermediation Services.--Financial intermediation services shall be deemed as used or consumed within the United States if the person (or any related party as defined in section 205(e)) purchasing the services is a resident of the United States. ``(b) Designation of Tax Representative.--Any person that provides financial intermediation services to United States residents must, as a condition of lawfully providing such services, designate, in a form prescribed by the Secretary, a tax representative for purposes of this subtitle. The tax representative shall be responsible for ensuring that the taxes imposed by this subtitle are collected and remitted and shall be jointly and severally liable for collecting and remitting these taxes. The Secretary may require reasonable bond of the tax representative. The Secretary or a sales tax administering authority may bring an action seeking a temporary restraining order, an injunction, or such other order as may be appropriate to enforce this section. ``(c) Cross References.--For definition of person, see section 901. ``CHAPTER 9--ADDITIONAL MATTERS ``Sec. 901. Additional matters. ``Sec. 902. Transition matters. ``Sec. 903. Wages to be reported to Social Security Administration. ``Sec. 904. Trust Fund revenue. ``Sec. 905. Withholding of tax on nonresident aliens and foreign corporations. ``SEC. 901. ADDITIONAL MATTERS. ``(a) Intangible Property Antiavoidance Rule.--Notwithstanding section 2(a)(14)(a)(i), the sale of a copyright or trademark shall be treated as the sale of taxable services (within the meaning of section 101(a)) if the substance of the sales of copyright or trademark constituted the sale of the services that produced the copyrighted material or the trademark. ``(b) De Minimis Payments.--Up to $400 of gross payments per calendar year shall be exempt from the tax imposed by section 101 if-- ``(1) made by a person not in connection with a trade or business at any time during such calendar year prior to making said gross payments, and ``(2) made to purchase any taxable property or service which is imported into the United States by such person for use or consumption by such person in the United States. ``(c) De Minimis Sales.--Up to $1,200 per calendar year of gross payments shall be exempt from the tax imposed by section 101 if received-- ``(1) by a person not in connection with a trade or business during such calendar year prior to the receipt of said gross payments, and ``(2) in connection with a casual or isolated sale. ``(d) De Minimis Sale of Financial Intermediation Services.--Up to $10,000 per calendar year of gross payments received by a person from the sale of financial intermediation services (as determined in accordance with section 801) shall be exempt from the tax imposed by section 101. The exemption provided by this subsection is in addition to other exemptions afforded by this chapter. The exemption provided by this subsection shall not be available to large sellers (as defined in section 501(e)(3)). ``(e) Proxy Buying Taxable.--If a registered person provides taxable property or services to a person either as a gift, prize, reward, or as remuneration for employment, and such taxable property or services were not previously subject to tax pursuant to section 101, then the provision of such taxable property or services by the registered person shall be deemed the conversion of such taxable property or services to personal use subject to tax pursuant to section 103(c) at the tax inclusive fair market value of such taxable property or services. ``(f) Substance Over Form.--The substance of a transaction will prevail over its form if the transaction has no bona fide economic purpose and is designed to evade tax imposed by this subtitle. ``(g) Certain Employee Discounts Taxable.-- ``(1) Employee discount.--For purposes of this subsection, the term `employee discount' means an employer's offer of taxable property or services for sale to its employees or their families (within the meaning of section 302(b)) for less than the offer of such taxable property or services to the general public. ``(2) Employee discount amount.--For purposes of this subsection, the employee discount amount is the amount by which taxable property or services are sold pursuant to an employee discount below the amount for which such taxable property or services would have been sold to the general public. ``(3) Taxable amount.--If the employee discount amount exceeds 20 percent of the price that the taxable property or services would have been sold to the general public, then the sale of such taxable property or services by the employer shall be deemed the conversion of such taxable property or services to personal use and tax shall be imposed on the taxable employee discount amount. The taxable employee discount amount shall be-- ``(A) the employee discount amount, minus ``(B) 20 percent of the amount for which said taxable property or services would have been sold to the general public. ``(h) Saturday, Sunday, or Legal Holiday.--When the last day prescribed for performing any act required by this subtitle falls on a Saturday, Sunday, or legal holiday (in the jurisdiction where the return is to be filed), the performance of such act shall be considered timely if it is performed on the next day which is not a Saturday, Sunday, or legal holiday (in the jurisdiction where the return is to be filed). ``SEC. 902. TRANSITION MATTERS. ``(a) Inventory.-- ``(1) Qualified inventory.--Inventory held by a trade or business on the close of business on December 31, 2022, shall be qualified inventory if it is sold-- ``(A) before December 31, 2023, ``(B) by a registered person, and ``(C) subject to the tax imposed by section 101. ``(2) Costs.--For purposes of this section, qualified inventory shall have the cost that it had for Federal income tax purposes for the trade or business as of December 31, 2022 (including any amounts capitalized by reason of section 263A of the Internal Revenue Code of 1986 as in effect on December 31, 2022). ``(3) Transitional inventory credit.--The trade or business which held the qualified inventory on the close of business on December 31, 2022, shall be entitled to a transitional inventory credit equal to the cost of the qualified inventory (determined in accordance with paragraph (2)) times the rate of tax imposed by section 101. ``(4) Timing of credit.--The credit provided under paragraph (3) shall be allowed with respect to the month when the inventory is sold subject to the tax imposed by this subtitle. Said credit shall be reported as an intermediate and export sales credit and the person claiming said credit shall attach supporting schedules in the form that the Secretary may prescribe. ``(b) Work-in-Process.--For purposes of this section, inventory shall include work-in-process. ``(c) Qualified Inventory Held by Businesses Not Selling Said Qualified Inventory at Retail.-- ``(1) In general.--Qualified inventory held by businesses that sells said qualified inventory not subject to tax pursuant to section 102(a) shall be eligible for the transitional inventory credit only if that business (or a business that has successor rights pursuant to paragraph (2)) receives certification in a form satisfactory to the Secretary that the qualified inventory was subsequently sold subject to the tax imposed by this subtitle. ``(2) Transitional inventory credit right may be sold.--The business entitled to the transitional inventory credit may sell the right to receive said transitional inventory credit to the purchaser of the qualified inventory that gave rise to the credit entitlement. Any purchaser of such qualified inventory (or property or services into which the qualified inventory has been incorporated) may sell the right to said transitional inventory credit to a subsequent purchaser of said qualified inventory (or property or services into which the qualified inventory has been incorporated). ``SEC. 903. WAGES TO BE REPORTED TO SOCIAL SECURITY ADMINISTRATION. ``(a) In General.--Employers shall submit such information to the Social Security Administration as is required by the Social Security Administration to calculate Social Security benefits under title II of the Social Security Act, including wages paid, in a form prescribed by the Secretary. A copy of the employer submission to the Social Security Administration relating to each employee shall be provided to each employee by the employer. ``(b) Wages.--For purposes of this section, the term `wages' means all cash remuneration for employment (including tips to an employee by third parties provided that the employer or employee maintains records documenting such tips) including self-employment income; except that such term shall not include-- ``(1) any insurance benefits received (including death benefits), ``(2) pension or annuity benefits received, ``(3) tips received by an employee over $5,000 per year, and ``(4) benefits received under a government entitlement program (including Social Security benefits and unemployment compensation benefits). ``(c) Self-Employment Income.--For purposes of subsection (b), the term `self-employment income' means gross payments received for taxable property or services minus the sum of-- ``(1) gross payments made for taxable property or services (without regard to whether tax was paid pursuant to section 101 on such taxable property or services), and ``(2) wages paid by the self-employed person to employees of the self-employed person. ``SEC. 904. TRUST FUND REVENUE. ``(a) Secretary To Make Allocation of Sales Tax Revenue.--The Secretary shall allocate the revenue received by virtue of the tax imposed by section 101 in accordance with this section. The revenue shall be allocated among-- ``(1) the general revenue, ``(2) the old-age and survivors insurance trust fund, ``(3) the disability insurance trust fund, ``(4) the hospital insurance trust fund, and ``(5) the Federal supplementary medical insurance trust fund. ``(b) General Rule.-- ``(1) General revenue.--The proportion of total revenue allocated to the general revenue shall be the same proportion as the rate in section 101(b)(4) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). ``(2) The amount of revenue allocated to the old-age and survivors insurance and disability insurance trust funds shall be the same proportion as the old-age, survivors and disability insurance rate (as defined in subsection (d)) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). ``(3) The amount of revenue allocated to the hospital insurance and Federal supplementary medical insurance trust funds shall be the same proportion as the hospital insurance rate (as defined in subsection (e)) bears to the combined Federal tax rate percentage (as defined in section 101(b)(3)). ``(c) Calendar Year 2023.--Notwithstanding subsection (b), the revenue allocation pursuant to subsection (a) for calendar year 2023 shall be as follows: ``(1) 64.83 percent of total revenue to general revenue, ``(2) 27.43 percent of total revenue to the old-age and survivors insurance and disability insurance trust funds, and ``(3) 7.74 percent of total revenue to the hospital insurance and Federal supplementary medical insurance trust funds. ``(d) Old-Age, Survivors and Disability Insurance Rate.--The old- age, survivors and disability insurance rate shall be determined by the Social Security Administration. The old-age, survivors and disability insurance rate shall be that sales tax rate which is necessary to raise the same amount of revenue that would have been raised by imposing a 12.4 percent tax on the Social Security wage base (including self- employment income) as determined in accordance with chapter 21 of the Internal Revenue Code most recently in effect prior to the enactment of this Act. The rate shall be determined using actuarially sound methodology and announced at least 6 months prior to the beginning of the calendar year for which it applies. ``(e) Hospital Insurance Rate.--The hospital insurance rate shall be determined by the Social Security Administration. The hospital insurance rate shall be that sales tax rate which is necessary to raise the same amount of revenue that would have been raised by imposing a 2.9 percent tax on the Medicare wage base (including self-employment income) as determined in accordance with chapter 21 of the Internal Revenue Code most recently in effect prior to the enactment of this Act. The rate shall be determined using actuarially sound methodology and announced at least 6 months prior to the beginning of the calendar year for which it applies. ``(f) Assistance.--The Secretary shall provide such technical assistance as the Social Security Administration shall require to determine the old-age, survivors and disability insurance rate and the hospital insurance rate. ``(g) Further Allocations.-- ``(1) Old-age, survivors and disability insurance.--The Secretary shall allocate revenue received because of the old- age, survivors and disability insurance rate to the old-age and survivors insurance trust fund and the disability insurance trust fund in accordance with law or, in the absence of other statutory provision, in the same proportion that the old-age and survivors insurance trust fund receipts bore to the sum of the old-age and survivors insurance trust fund receipts and the disability insurance trust fund receipts in calendar year 2022 (taking into account only receipts pursuant to chapter 21 of the Internal Revenue Code). ``(2) Hospital insurance.--The Secretary shall allocate revenue received because of the hospital insurance rate to the hospital insurance trust fund and the Federal supplementary medical insurance trust fund in accordance with law or, in the absence of other statutory provision, in the same proportion that hospital insurance trust fund receipts bore to the sum of the hospital insurance trust fund receipts and Federal supplementary medical insurance trust fund receipts in calendar year 2022 (taking into account only receipts pursuant to chapter 21 of the Internal Revenue Code). ``SEC. 905. WITHHOLDING OF TAX ON NONRESIDENT ALIENS AND FOREIGN CORPORATIONS. ``(a) In General.--All persons, in whatever capacity acting (including lessees or mortgagors or real or personal property, fiduciaries, employers, and all officers and employees of the United States) having control, receipt, custody, disposal, or payment of any income to the extent such income constitutes gross income from sources within the United States of any nonresident alien individual, foreign partnership, or foreign corporation shall deduct and withhold from that income a tax equal to 23 percent thereof. ``(b) Exception.--No tax shall be required to be deducted from interest on portfolio debt investments. ``(c) Treaty Countries.--In the case of payments to nonresident alien individuals, foreign partnerships, or foreign corporations that have a residence in (or the nationality of a country) that has entered into a tax treaty with the United States, then the rate of withholding tax prescribed by the treaty shall govern.''. SEC. 202. CONFORMING AND TECHNICAL AMENDMENTS. (a) Repeals.--The following provisions of the Internal Revenue Code of 1986 are repealed: (1) Subchapter A of chapter 61 of subtitle D (as redesignated by section 104) (relating to information and returns). (2) Sections 6103 through 6116 of subchapter B of chapter 61 of subtitle D (as so redesignated). (3) Section 6157 (relating to unemployment taxes). (4) Section 6163 (relating to estate taxes). (5) Section 6164 (relating to corporate taxes). (6) Section 6166 (relating to estate taxes). (7) Section 6167 (relating to foreign expropriation losses). (8) Sections 6201, 6205, and 6207 (relating to assessments). (9) Subchapter C of chapter 63 of subtitle D (as so redesignated) (relating to tax treatment of partnership items). (10) Section 6305 (relating to collections of certain liabilities). (11) Sections 6314, 6315, 6316, and 6317 (relating to payments of repealed taxes). (12) Sections 6324, 6324A, and 6324B (relating to liens for estate and gift taxes). (13) Section 6344 (relating to cross references). (14) Section 6411 (relating to carrybacks). (15) Section 6413 (relating to employment taxes). (16) Section 6414 (relating to withheld income taxes). (17) Section 6422 (relating to cross references). (18) Section 6425 (relating to overpayment of corporate estimated taxes). (19) Section 6504 (relating to cross references). (20) Section 6652 (relating to failure to file certain information returns). (21) Sections 6654 and 6655 (relating to failure to payment estimated income tax). (22) Section 6662 (relating to penalties). (23) Sections 6677 through 6711 (relating to income tax related penalties). (24) Part II of subchapter B of chapter 68 (relating to certain information returns). (25) Part I of subchapter A of chapter 70 (relating to termination of taxable year). (26) Section 6864 (relating to certain carrybacks). (27) Section 7103 (relating to cross references). (28) Section 7204 (relating to withholding statements). (29) Section 7211 (relating certain statements). (30) Section 7231 (relating to failure to obtain certain licenses). (31) Section 7270 (relating to insurance policies). (32) Section 7404 (relating to estate taxes). (33) Section 7407 (relating to income tax preparers). (34) Section 7408 (relating to income tax shelters). (35) Section 7409 (relating to 501(c)(3) organizations). (36) Section 7427 (relating to income tax preparers). (37) Section 7428 (relating to 501(c)(3) organizations). (38) Section 7476 (relating to declaratory judgments relating to retirement plans). (39) Section 7478 (relating to declaratory judgments relating to certain tax-exempt obligations). (40) Section 7508 (relating to postponing time for certain actions required by the income, estate, and gift tax). (41) Section 7509 (relating to Postal Service payroll taxes). (42) Section 7512 (relating to payroll taxes). (43) Section 7517 (relating to estate and gift tax evaluation). (44) Section 7518 (relating to Merchant Marine tax incentives). (45) Section 7519 (relating to taxable years). (46) Section 7520 (relating to insurance and annuity valuation tables). (47) Section 7523 (relating to reporting Federal income and outlays on Form 1040s). (48) Section 7611 (relating to church income tax exemptions and church unrelated business income tax inquiries). (49) Section 7654 (relating to possessions' income taxes). (50) Section 7655 (relating to cross references). (51) Section 7701(a)(16). (52) Section 7701(a)(19). (53) Section 7701(a)(20). (54) Paragraphs (32) through (38) of section 7701(a). (55) Paragraphs (41) through (46) of section 7701(a). (56) Section 7701(b). (57) Subsections (e) through (m) of section 7701. (58) Section 7702 (relating to life insurance contracts). (59) Section 7702A (relating to modified endowment contracts). (60) Section 7702B (relating to long-term care insurance). (61) Section 7703 (relating to the determination of marital status). (62) Section 7704 (relating to publicly traded partnerships). (63) Section 7805. (64) Section 7851. (65) Section 7872. (66) Section 7873. (b) Other Conforming and Technical Amendments.-- (1) Section 6151 of such Code is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (2) Section 6161 of such Code is amended to read as follows: ``SEC. 6161. EXTENSION OF TIME FOR PAYING TAX. ``The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown or required to be shown on any return, report, or declaration required under authority of this title for a reasonable period not to exceed 6 months (12 months in the case of a taxpayer who is abroad).''. (3) Section 6211(a) of such Code is amended-- (A) by striking ``income, estate, and gift taxes imposed by subtitles A and B and'', (B) by striking ``subtitle A or B, or'', and (C) by striking ``, as defined in subsection (b)(2),'' in paragraph (2). (4) Section 6211(b) of such Code is amended to read as follows: ``(b) Rebate Defined.--For purposes of subsection (a)(2), the term `rebate' means so much of an abatement, credit, refund, or other payment, as was made on the ground that the tax imposed by chapter 41, 42, 43, or 44 was less than the excess of the amount specified in subsection (a)(1) over the rebates previously made.''. (5) Section 6212(b) of such Code is amended to read as follows: ``(b) Address for Notice of Deficiency.--In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, notice of a deficiency in respect of a tax imposed by chapter 42, 43, or 44 if mailed to the taxpayer at his last known address, shall be sufficient for purposes of such chapter and this chapter even if such taxpayer is deceased, or is under a legal disability, or, in the case of a corporation has terminated its existence.''. (6) Section 6302(b) of such Code is amended by striking ``21,''. (7) Section 6302 of such Code is amended by striking subsections (g) and (i) and by redesignating subsection (h) as subsection (g). (8) Section 6325 of such Code is amended by striking subsection (c) and by redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (9) Section 6402(d) of such Code is amended by striking paragraph (3). (10) Section 6402 of such Code is amended by striking subsection (j) and by redesignating subsection (k) as subsection (j). (11) Section 6501(b) of such Code is amended-- (A) by striking ``except tax imposed by chapter 3, 4, 21, or 24,'' in paragraph (1), and (B) by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (12) Section 6501(c) of such Code is amended by striking paragraphs (5) through (9). (13) Section 6501(e) of such Code is amended by striking ``subsection (c)--'' and all that follows through ``subtitle D'' in paragraph (3) and inserting ``subsection (c), in the case of a return of a tax imposed under a provision of subtitle B''. (14) Section 6501 of such Code is amended by striking subsections (f) through (k) and subsections (m) and (n) and by redesignating subsection (1) as subsection (f). (15) Section 6503(a) of such Code is amended-- (A) by striking paragraph (2), (B) by striking ``Deficiency.--'' and all that follows through ``The running'' and inserting ``Deficiency.--The running'', and (C) by striking ``income, estate, gift and''. (16) Section 6503 of such Code is amended by striking subsections (e), (f), (i), and (k) and by redesignating subsections (g), (h), and (j) as subsections (e), (f), and (g), respectively. (17) Section 6511 of such Code is amended by striking subsections (d) and (g) and by redesignating subsections (f) and (h) as subsections (d) and (e), respectively. (18) Section 6512(b)(1) of such Code is amended by striking ``of income tax for the same taxable year, of gift tax for the same calendar year or calendar quarter, of estate tax in respect of the taxable estate of the same decedent, or''. (19) Section 6513 of such Code is amended-- (A) by striking ``(a) Early Return or Advance Payment of Tax.--'', and (B) by striking subsections (b) and (e). (20) Chapter 67 of such Code is amended by striking subchapters A through D and inserting the following: ``SEC. 6601. INTEREST ON OVERPAYMENTS AND UNDERPAYMENT. ``(a) Underpayments.--If any amount of tax imposed by this title is not paid on or before the last date prescribed for payment, interest on such amount at the Federal short-term rate (as defined in section 511(b)) shall be paid from such last date to the date paid. ``(b) Overpayments.--Interest shall be allowed and paid upon any overpayment in respect of any internal revenue tax at the Federal short-term rate (as defined in section 511(b)) from 60 days after the date of the overpayment until the date the overpayment is refunded.''. (21) Section 6651(a)(1) of such Code is amended by striking ``subchapter A of chapter 61 (other than part III thereof),''. (22) Section 6656 of such Code is amended by striking subsection (c) and by redesignating subsection (d) as subsection (c). (23) Section 6663 of such Code is amended by striking subsection (c). (24) Section 6664(c) of such Code is amended-- (A) by striking ``Exception.--'' and all that follows through ``No penalty'' and inserting ``Exception.--No penalty'', and (B) by striking paragraphs (2) and (3). (25) Chapter 72 of such Code is amended by striking all matter preceding section 7011. (26) Section 7422 of such Code is amended by striking subsections (h) and (i) and by redesignating subsections (j) and (k) as subsections (h) and (i), respectively. (27) Section 7451 of such Code is amended to read as follows: ``SEC. 7451. FEE FOR FILING PETITION. ``The Tax Court is authorized to impose a fee in an amount not in excess of $60 to be fixed by the Tax Court for the filing of any petition for the redetermination of a deficiency.''. (28) Section 7454 of such Code is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (29) Section 7463(a) of such Code is amended-- (A) by striking paragraphs (2) and (3), (B) by redesignating paragraph (4) as paragraph (2), and (C) by striking ``D'' in paragraph (2) (as so redesignated) and inserting ``B''. (30) Section 7463(c) of such Code is amended by striking ``sections 6214(a) and'' and inserting ``section''. (31) Section 7463(e) of such Code is amended by striking ``, to the extent that the procedures described in subchapter B of chapter 63 apply''. (32) Section 7481 of such Code is amended by striking subsection (d). (33) Section 7608 of such Code is amended by striking ``subtitle E'' each place it appears and inserting ``subtitle C''. (34) Section 7701(a)(29) of such Code is amended by striking ``1986'' and inserting ``2021''. (35) Section 7809(c) of such Code is amended by striking paragraphs (1) and (4) and by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (36) Section 7871(a) of such Code is amended by striking paragraphs (1) and (3) through (6) and by redesignating paragraphs (2) and (7) as paragraphs (1) and (2), respectively. (37) Section 7871 of such Code is amended by striking subsection (c) and by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (38) Section 8021 of such Code is amended by striking subsection (a) and by redesignating subsections (b) through (f) as subsections (a) through (e), respectively. (39) Section 8022(2)(A) of such Code is amended by striking ``, particularly the income tax''. (40) Section 8023 of such Code is amended by striking ``Internal Revenue Service'' each place it appears and inserting ``Department of the Treasury''. (41) Section 9501(b)(2) of such Code is amended by striking subparagraph (C). (42) Section 9702(a) of such Code is amended by striking paragraph (4). (43) Section 9705(a) of such Code is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (44) Section 9706(d)(2)(A) of such Code is amended by striking ``6103'' and inserting ``605(e)''. (45) Section 9707 of such Code is amended by striking subsection (f). (46) Section 9712(d) of such Code is amended by striking paragraph (5) and by redesignating paragraph (6) as paragraph (5). (47) Section 9803(a) of such Code is amended by striking ``(as defined in section 414(f))''. TITLE III--OTHER MATTERS SEC. 301. PHASE-OUT OF ADMINISTRATION OF REPEALED FEDERAL TAXES. (a) Appropriations.--Appropriations for any expenses of the Internal Revenue Service including processing tax returns for years prior to the repeal of the taxes repealed by title I of this Act, revenue accounting, management, transfer of payroll and wage data to the Social Security Administration for years after fiscal year 2025 shall not be authorized. (b) Records.--Federal records related to the administration of taxes repealed by title I of this Act shall be destroyed by the end of fiscal year 2025, except that any records necessary to calculate Social Security benefits shall be retained by the Social Security Administration and any records necessary to support ongoing litigation with respect to taxes owed or refunds due shall be retained until final disposition of such litigation. (c) Conforming Amendments.--Section 7802 of the Internal Revenue Code of 1986 is amended-- (1) by striking subsections (a) and (b) and by redesignating subsections (c) and (d) as subsections (a) and (b), (2) by striking ``Internal Revenue Service'' each place it appears and inserting ``Department of the Treasury'', and (3) by striking ``Commissioner'' or ``Commissioner of Internal Revenue'' each place they appear and inserting ``Secretary''. (d) Effective Date.--The amendments made by subsection (c) shall take effect on January 1, 2025. SEC. 302. ADMINISTRATION OF OTHER FEDERAL TAXES. (a) In General.--Section 7801 of the Internal Revenue Code of 1986 (relating to the authority of the Department of the Treasury) is amended by adding at the end the following: ``(d) Excise Tax Bureau.--There shall be in the Department of the Treasury an Excise Tax Bureau to administer those excise taxes not administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives. ``(e) Sales Tax Bureau.--There shall be in the Department of the Treasury a Sales Tax Bureau to administer the national sales tax in those States where it is required pursuant to section 404, and to discharge other Federal duties and powers relating to the national sales tax (including those required by sections 402, 403, and 405). The Office of Revenue Allocation shall be within the Sales Tax Bureau.''. (b) Assistant General Counsels.--Section 7801(a)(2) of such Code is amended to read as follows: ``(2) Assistant general counsels.--The Secretary of the Treasury may appoint, without regard to the provisions of the civil service laws, and fix the duties of not more than 5 assistant general counsels.''. SEC. 303. SALES TAX INCLUSIVE SOCIAL SECURITY BENEFITS INDEXATION. Subparagraph (D) of section 215(i)(1) of the Social Security Act (42 U.S.C. 415(i)(1)) (relating to cost-of-living increases in Social Security benefits) is amended to read as follows: ``(D)(i) the term `CPI increase percentage', with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost- of-living computation quarter under subparagraph (B), ``(ii) if the Consumer Price Index (as so prepared) does not include the national sales tax paid, then the term `CPI increase percentage', with respect to a base quarter or cost- of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the product of-- ``(I) the Consumer Price Index for that quarter (as so prepared), and ``(II) the national sales tax factor, exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost of living computation quarter under subparagraph (B), and ``(iii) the national sales tax factor is equal to one plus the quotient that is-- ``(I) the sales tax rate imposed by section 101 of the Internal Revenue Code of 2021, divided by ``(II) the quantity that is one minus such sales tax rate.''. TITLE IV--SUNSET OF SALES TAX IF SIXTEENTH AMENDMENT NOT REPEALED SEC. 401. ELIMINATION OF SALES TAX IF SIXTEENTH AMENDMENT NOT REPEALED. If the Sixteenth Amendment to the Constitution of the United States is not repealed before the end of the 7-year period beginning on the date of the enactment of this Act, then all provisions of, and amendments made by, this Act shall not apply to any use or consumption in any year beginning after December 31 of the calendar year in which or with which such period ends, except that the Sales Tax Bureau of the Department of the Treasury shall not be terminated until 6 months after such December 31. all
H.R. 260 (Introduced in House) - Women and Climate Change Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr260ih/html/BILLS-117hr260ih.htm	DOC 117th CONGRESS 1st Session H. R. 260 To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Lee of California (for herself, Mrs. Demings, Ms. Moore of Wisconsin, Ms. Schakowsky, Mr. Khanna, Ms. Barragan, Ms. Velazquez, Mr. Connolly, Mr. Panetta, Ms. Jayapal, Mr. Espaillat, Mr. Cleaver, Ms. Norton, Mr. Carson, Ms. Houlahan, Ms. Meng, Ms. Clarke of New York, Mrs. Carolyn B. Maloney of New York, Ms. Wild, Mr. Malinowski, Mr. Sherman, Ms. Roybal-Allard, Mr. Cohen, Mr. Sires, Ms. Underwood, Mr. Lowenthal, Mr. Danny K. Davis of Illinois, Mr. Blumenauer, Mr. Hastings, Mrs. Torres of California, Ms. Castor of Florida, Ms. Matsui, Ms. Jackson Lee, Mr. Pocan, Ms. Bass, Ms. Speier, and Ms. Chu) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To address the disparate impact of climate change on women and support the efforts of women globally to address climate change, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Women and Climate Change Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Statement of policy. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS Sec. 101. Federal Interagency Working Group on Women and Climate Change. Sec. 102. Development and implementation of strategy and policies to prevent and respond to the effects of climate change on women globally. TITLE II--OVERSIGHT AND ACCOUNTABILITY Sec. 201. Senior Coordinator for Women and Climate Change. Sec. 202. Briefing and report. SEC. 2. FINDINGS. Congress makes the following findings: (1) Women in the United States and around the world are the linchpin of families and communities and are often the first to feel the immediate and adverse effects of social, environmental, and economic stresses on their families and communities. (2) The United Nations has recognized, as one of the central organizing principles for its work, that ``no enduring solution to society's most threatening social, economic and political problems can be found without the full participation, and the full empowerment, of the world's women''. (3) The United Nations Development Programme 2013 Human Development Report has found that the number of people living in extreme poverty could increase by up to 3,000,000,000 by 2050 unless environmental disasters are averted by coordinated global action. (4) Climate change is already forcing the most vulnerable communities and populations in developing countries to face unprecedented climate stress, including water scarcity and drought, as well as severe weather events and floods, which can lead to reduced agricultural productivity, food insecurity, and increased disease. (5) Climate change exacerbates issues of scarcity and lack of accessibility to primary natural resources, forest resources, and arable land for food production, thereby contributing to increased conflict and instability, as well as the workload and stresses on women farmers, who are estimated to produce 60 to 80 percent of the food in most developing countries. (6) Women will disproportionately face harmful impacts from climate change, particularly in poor and developing nations where women regularly assume increased responsibility for growing the family's food and collecting water, fuel, and other resources. (7) Epidemics, such as malaria and zika, are expected to worsen and spread due to variations in climate, putting women (especially pregnant mothers and women who hope to become pregnant) and children without access to prevention and medical services at risk. (8) The direct and indirect effects of climate change have a disproportionate impact on marginalized women, such as environmental refugees and displaced persons, migrants, religious, racial, or ethnic minorities, adolescent girls, lesbian and trans women, women living in poverty, and women and girls with disabilities and those who are living with HIV. (9) Conflict has a disproportionate impact on the most vulnerable communities and populations, including women, and is fueled in the poorest regions of the world by harsher climates, leading to migration, refugee crises, and conflicts over scarce natural resources, including land and water. (10) Displaced, refugee, and stateless women and girls face extreme violence and threats, including-- (A) being forced to exchange sex for food and humanitarian supplies; (B) being at increased risk of rape, sexual exploitation, and abuse; and (C) being at increased risk for HIV, sexually transmitted infections (STIs), unplanned pregnancy, and poor reproductive health. (11) It is predicted that climate change will lead to increasing frequency and intensity of extreme weather conditions, precipitating the occurrence of natural disasters around the globe. (12) The relocation and death of women, and especially mothers, as a result of climate-related disasters often has devastating impacts on social support networks, family ties, and the coping capacity of families and communities. (13) The ability of women to adapt to climate change is constrained by a lack of economic freedoms, property and inheritance rights, and access to financial resources, education, family planning and reproductive health, and new tools, equipment, and technology. (14) Despite having a unique capacity and knowledge to promote and provide for adaptation to climate change, women often have insufficient resources to undertake such adaptation. (15) Women are shown to have a multiplier effect because women use their income and resources, when given the necessary tools, to increase the well-being of their children and families, and thus play a critical role in reducing food insecurity, poverty, and socioeconomic effects of climate change. (16) Women are often underrepresented in the development and formulation of policy regarding mitigation and adaptation to climate change, even though women are often in the best position to provide and consult on adaptive strategies. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Climate change.--The term ``climate change'' means a change of climate that is attributed directly or indirectly to-- (A) human activity; and (B) altering the composition of the global atmosphere. (3) Developing country.--The term ``developing country'' means a country classified by the World Bank as having a low- income or lower-middle-income economy. (4) Disparate impact.--The term ``disparate impact'' refers to the historical and ongoing impacts of the pattern and practice of discrimination in employment, education, housing, banking, health, and nearly every other aspect of life in the economy, society, or culture that have an adverse impact on minorities, women, or other protected groups, regardless of whether such practices were motivated by discriminatory intent. (5) Environmental disasters.--The term ``environmental disasters'' means specific events caused by human activity that result in seriously negative effects on the environment. (6) Environmental refugees.--The term ``environmental refugees'' means people displaced because of environmental causes, notably land loss and degradation, and natural disasters, who have left their community or country of origin. (7) Extreme poverty.--The term ``extreme poverty'' means having an income level or living standard at a level of extreme deprivation based on living with income below 50 percent of the poverty line as established by the individual country at issue, or below $1.90 per day as determined by the World Bank. (8) Extreme weather.--The term ``extreme weather'' means unexpected, unusual, unpredictable, severe, or unseasonal weather that is at the extremes of the historical distribution range that has been seen in the past. (9) Federal agency.--The term ``Federal agency'' means any executive department, Government corporation, Government- controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency. (10) Food insecurity.--The term ``food insecurity'' means a lack of consistent access to food. (11) Most vulnerable communities and populations.--The term ``most vulnerable communities and populations'' means communities and populations, including women, impoverished communities, adolescent girls, people with disabilities, indigenous peoples, refugees, displaced persons, migrants, religious, racial, or ethnic minorities, lesbian and trans women, women living in poverty, women and girls with disabilities, and those who are living with HIV, who are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts. (12) Poverty.--The term ``poverty'' means an income level and living standard insufficient to meet basic needs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States, in partnership with affected countries, donor country governments, international financial institutions, international nongovernmental organizations, multilateral organizations, and civil society groups, especially those led by women, to combat the leading causes of climate change, mitigate the effects of climate change on women and girls, and elevate the participation of women in policy, program, and community decision-making processes with respect to climate change, by-- (1) establishing the Federal Interagency Working Group on Women and Climate Change, the mission of which is to prevent and respond to the effects of climate change on women globally; and (2) implementing a coordinated, integrated, evidence-based, and comprehensive strategy on women and climate change throughout United States policies in the future. TITLE I--STRATEGIES, POLICIES, AND PROGRAMS SEC. 101. FEDERAL INTERAGENCY WORKING GROUP ON WOMEN AND CLIMATE CHANGE. (a) Establishment.--There is established in the Department of State a Federal Interagency Working Group on Women and Climate Change (in this Act referred to as the ``Working Group''). (b) Chairperson.--The Senior Coordinator for Women and Climate Change designated pursuant to section 201 shall serve as the chairperson of the Working Group. (c) Membership.-- (1) In general.--The Working Group shall be composed of one senior-level representative from each of the Federal agencies described in paragraph (2), as selected by the head of the respective agency from the senior ranks of that agency. (2) Agencies.--The agencies described in this paragraph are the following: (A) The Department of State, including-- (i) the Office of Global Women's Issues; (ii) the Office of Civil Rights; (iii) the Bureau of Oceans and International Environmental and Scientific Affairs; (iv) the Bureau of Population, Refugees, and Migration; (v) the Bureau of Democracy, Human Rights, and Labor; and (vi) the Bureau of International Organization Affairs. (B) The United States Agency for International Development. (C) The Centers for Disease Control and Prevention. (D) The Environmental Protection Agency. (E) The National Oceanic and Atmospheric Administration. (F) The National Institutes of Health. (G) The National Science Foundation. (H) The Council on Environmental Quality. (I) Such other agencies as may be designated by the Senior Coordinator for Women and Climate Change. (d) Functions.--The Working Group shall-- (1) coordinate and integrate the development of all policies and activities of the Federal Government across all agencies relating to-- (A) combating the effects of climate change on women in the national and international sphere; and (B) improving the response and strategy of the Federal Government to fight climate change for the security of the United States and the international community; (2) allow each member of the Working Group to act as a representative for the Working Group within the Federal department or agency of such member to facilitate implementation of the Working Group policies within such department or agency; (3) ensure that all relevant Federal departments or agencies comply with appropriate guidelines, policies, and directives from the Working Group, the Department of State, and other Federal departments or agencies with responsibilities relating to climate change; (4) ensure that Federal departments or agencies, State governments, and relevant congressional committees, in consultation with nongovernmental organizations and policy experts in the field and State and local government officials who administer or direct policy for programs relating to climate change and women-- (A) have access to, receive, and appropriately disseminate best practices in the administration of such programs; (B) have adequate resources to maximize the public awareness of such programs; (C) increase the reach of such programs; (D) share relevant data; and (E) issue relevant guidance; and (5) identify and disseminate best practices for improved collection on the part of each Federal department or agency of data relevant to the disparate impact of climate change on women, including in-- (A) unpaid care work; (B) community advocacy, activism, and representation; (C) women's and girls' access to education; (D) access to comprehensive health care, including reproductive health and rights; (E) desertification and food insecurity; (F) community infrastructure, multilevel Government adaptability, and climate resilience; (G) climate and weather-related crisis response, including safety from gender-based violence; and (H) women's involvement and leadership in the development of frameworks and policies for climate resilience. (e) Consultation.--The Working Group may consult and obtain recommendations from such independent nongovernmental policy experts, State and local government officials, independent groups and organizations, or other groups or organizations as the Senior Coordinator for Women and Climate Change determines will assist in carrying out the mission of the Working Group. (f) Frequency of Meetings.--The Working Group shall-- (1) meet not less frequently than once each quarter to discuss and develop policies, projects, and programs; and (2) meet with the Senior Coordinator for Women and Climate Change not less frequently than once each month to report on and discuss implementation of such policies, projects, and programs. SEC. 102. DEVELOPMENT AND IMPLEMENTATION OF STRATEGY AND POLICIES TO PREVENT AND RESPOND TO THE EFFECTS OF CLIMATE CHANGE ON WOMEN GLOBALLY. (a) Initial Strategy Required.--Not later than 180 days after the date of the enactment of this Act, the Senior Coordinator for Women and Climate Change and the Ambassador-at-Large for the Office of Global Women's Issues of the Department of State, in consultation with the Working Group, shall develop and submit to the appropriate congressional committees a United States National and International Strategy to prevent and respond to the effects of climate change on women. (b) Contents.--The strategy submitted under subsection (a) shall include-- (1) recognizing the disparate impacts of climate change on women and the efforts of women globally to address climate change; (2) taking effective action-- (A) to prevent and respond to climate change and mitigate the effects of climate change on women around the world; and (B) to promote gender equality, economic growth, public health, racial justice, and human rights; (3) implementing the United Nations Sustainable Development Goals listed in subsection (f), through and beyond 2030, as part of the strategy to prevent and respond to the effects of climate change on women globally; (4) implementing balanced gender participation to avoid reinforcing binary roles, especially among individuals from the communities most impacted, in climate change adaptation and mitigation efforts, including in governance and diplomatic positions within the United States Government; (5) working at the local, national, and international levels, including with individuals, families, and communities, to prevent and respond to the effects of climate change on women; (6) systematically integrating and coordinating efforts to prevent and respond to the effects of climate change on women internationally into United States foreign policy and foreign assistance programs; (7) investing in research on climate change through appropriate Federal departments or agencies and funding of university and independent research groups on the various causes and effects of climate change; (8) developing and implementing gender-sensitive frameworks in policies to address climate change that account for the specific impacts of climate change on women; (9) developing policies to support women who are particularly vulnerable to the impacts of climate change to prepare for, build their resilience to, and adapt to such impacts, including a commitment to increase education and training opportunities for women to develop local resilience plans to address the effects of climate change; (10) developing and investing in programs for the education and empowerment of women and girls in the United States and across the global community, including to gather information on how climate change is affecting their lives and for guidance on the needs of their families and communities in the face of climate change, in coordination with the diplomatic missions of other countries; (11) consulting with representatives of civil society, including nongovernmental organizations, community and faith- based organizations, multilateral organizations, local and international civil society groups, and local climate change organizations and their beneficiaries, that have demonstrated experience in preventing and responding to the effects of climate change on women; (12) supporting and building local capacity in developing countries, including with respect to governments at all levels and nongovernmental organizations (especially women-led), to prevent and respond to the effects of climate change on women; (13) developing programs to empower women in communities to have a voice in the planning, design, implementation, and evaluation of strategies to address climate change so that their roles and resources are taken into account; (14) including women in economic development planning, policies, and practices that directly improve conditions that result from climate change; (15) integrating a gender approach in all policies and programs in the United States that are globally related to climate change; and (16) ensuring that such policies and programs support women globally to prepare for, build resilience for, and adapt to, climate change. (c) Updates.--The Senior Coordinator for Women and Climate Change shall-- (1) consult with the Working Group to collect information and feedback; and (2) update the strategy and programs to prevent and respond to the effects of climate change on women globally, as the Senior Coordinator for Women and Climate Change considers appropriate. (d) Implementation Plan and Budget Required.--Not later than 60 days after the date of the submittal of the strategy under subsection (a), the Senior Coordinator for Women and Climate Change shall submit to the appropriate congressional committees an implementation plan and budget for the strategy. (e) Assistance and Consultation.--The Senior Coordinator for Women and Climate Change shall assist and provide consultation to the Secretary of State in preventing and responding to the effects of climate change on women globally. (f) United Nations Sustainable Development Goals Through and Beyond 2030.--The United Nations Sustainable Development Goals listed in this subsection are the following: (1) Ending poverty in all its forms everywhere. (2) Ending hunger, achieving food security and improved nutrition, and promoting sustainable agriculture. (3) Ensuring healthy lives and promoting well-being for all and at all ages. (4) Ensuring inclusive, equitable, and quality education and promoting lifelong learning opportunities for all. (5) Achieving gender equality and empowering all women and girls. (6) Ensuring the availability and sustainable management of water and sanitation for all. (7) Ensuring access to affordable, reliable, sustainable, and modern energy for all. (8) Promoting sustained, inclusive, and sustainable economic growth, full and productive employment, and decent work for all. (9) Building resilient infrastructure, promoting inclusive and sustainable industrialization, and fostering innovation. (10) Reducing inequality within and among countries. (11) Making cities and human settlements inclusive, safe, resilient, and sustainable. (12) Ensuring sustainable consumption and production patterns. (13) Taking urgent action to combat climate change and its impacts. (14) Conserving and sustainably using the oceans, seas, and marine resources for sustainable development. (15) Protecting, restoring, and promoting sustainable use of terrestrial ecosystems, sustainably managing forests, combating desertification, and halting and reversing land degradation and biodiversity loss. (16) Promoting peaceful and inclusive societies for sustainable development, providing access to justice for all, and building effective, accountable and inclusive institutions at all levels. (17) Strengthening the means of policy implementation and revitalizing the global partnership for sustainable development. TITLE II--OVERSIGHT AND ACCOUNTABILITY SEC. 201. SENIOR COORDINATOR FOR WOMEN AND CLIMATE CHANGE. (a) Establishment.--The Ambassador-at-Large of the Office of Global Women's Issues of the Department of State shall designate an individual to serve as a Senior Advisor, or equivalent role, who shall serve concurrently as the Senior Coordinator for Women and Climate Change. (b) Duties.--The Senior Coordinator for Women and Climate Change shall-- (1) direct the activities, policies, programs, and funding of the Department of State relating to the effects of climate change on women, including with respect to efforts to prevent and respond to those effects; (2) advise the Secretary of State, the relevant heads of other Federal departments and independent agencies, and other entities within the Executive Office of the President, regarding the establishment of-- (A) policies, goals, objectives, and priorities for addressing and combating the effects of climate change on women; and (B) mechanisms to improve the effectiveness, coordination, impact, and outcomes of programs relating to addressing and combating the effects of climate change on women, in coordination with experts in the field, nongovernmental organizations, and foreign governments; and (3) identify and assist in the resolution of any disputes that arise between Federal agencies relating to policies and programs to address and combat the effects of climate change on women or other matters within the responsibility of the Office of Global Women's Issues. (c) Reporting.--The Senior Coordinator for Women and Climate Change shall report to the Ambassador-at-Large for the Office of Global Women's Issues and the Secretary of State. SEC. 202. BRIEFING AND REPORT. Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Ambassador-at-Large and the Senior Coordinator for Women and Climate Change shall jointly-- (1) brief the appropriate congressional committees on-- (A) the effects of climate change on women; and (B) the prevention and response strategies, programming, and associated outcomes with respect to climate change; and (2) submit to the appropriate congressional committees an assessment of the human and financial resources necessary to fulfill the purposes of and carry out this Act. all
H.R. 261 (Introduced in House) - Palestinian International Terrorism Support Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr261ih/html/BILLS-117hr261ih.htm	DOC 117th CONGRESS 1st Session H. R. 261 To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Mast (for himself, Mr. Gottheimer, Miss Rice of New York, Mr. Trone, Mr. DesJarlais, Mr. Reschenthaler, Ms. Stefanik, Mr. Bacon, Mrs. Hartzler, Mr. Burchett, Mr. Suozzi, Mr. Gaetz, and Mr. Weber of Texas) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To impose sanctions with respect to foreign support for Palestinian terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Palestinian International Terrorism Support Prevention Act of 2021''. SEC. 2. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to prevent Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from accessing its international support networks; and (2) to oppose Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof from attempting to use goods, including medicine and dual use items, to smuggle weapons and other materials to further acts of terrorism. SEC. 3. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN PERSONS AND AGENCIES AND INSTRUMENTALITIES OF FOREIGN STATES SUPPORTING HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF. (a) Identification.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for a period not to exceed 3 years, the President shall submit to the appropriate congressional committees a report that identifies each foreign person or agency or instrumentality of a foreign state that the President determines-- (A) knowingly assists in, sponsors, or provides significant financial or material support for, or financial or other services to or in support of, the terrorist activities of any person described in paragraph (2); or (B) directly or indirectly, knowingly and materially engaged in a significant transaction with any person described in paragraph (2). (2) Person described.--A person described in this paragraph is a foreign person that the President determines-- (A) is a senior member of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof; (B) is a senior member of a foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) whose members directly or indirectly support the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly engaging in a significant transaction with, or providing financial or material support for Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A); or (C) directly or indirectly, supports the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof by knowingly and materially assisting, sponsoring, or providing financial or material support for, or goods or services to or in support of, Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or any person described in subparagraph (A) or (B). (3) Form of report.--Each report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex. (4) Exception.-- (A) In general.--The President shall not be required to identify a foreign person or an agency or instrumentality of a foreign state in a report pursuant to paragraph (1)(B) if-- (i) the foreign person or agency or instrumentality of a foreign state notifies the United States Government in advance that it proposes to engage in a significant transaction as described in paragraph (1)(B); and (ii) the President determines and notifies the appropriate congressional committees in a classified form not less than 15 days prior to the foreign person or agency or instrumentality of a foreign state engaging in the significant transaction that the significant transaction is in the national interests of the United States. (B) Non-applicability.--Subparagraph (A) shall not apply with respect to-- (i) an agency or instrumentality of a foreign state which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Reform Control Act of 2018, section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law; or (ii) any significant transaction described in paragraph (1)(B) that involves, directly or indirectly, a foreign state described in clause (i). (b) Imposition of Sanctions.-- (1) In general.--The President shall impose two or more of the sanctions described in paragraph (2) with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a). (2) Sanctions described.--The sanctions referred to in paragraph (1) are the following: (A) The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the foreign person or agency or instrumentality of the foreign state, and the Export-Import Bank of the United States shall comply with any such direction. (B) No sales of any defense articles, defense services, or design and construction services under the Arms Export Control Act (22 U.S.C. 2751 et seq.) may be made to the foreign person or agency or instrumentality of the foreign state. (C) No licenses for export of any item on the United States Munitions List that include the foreign person or agency or instrumentality of the foreign state as a party to the license may be granted. (D) No exports may be permitted to the foreign person or agency or instrumentality of the foreign state of any goods or technologies controlled for national security reasons under the Export Administration Regulations, except that such prohibition shall not apply to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities). (E) The President shall prohibit any United States financial institution from making loans or providing any credit or financing totaling more than $10,000,000 to the foreign person or agency or instrumentality of the foreign state, except that this subparagraph shall not apply-- (i) to any transaction subject to the reporting requirements of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.; relating to congressional oversight of intelligence activities); (ii) to the provision of medicines, medical equipment, and humanitarian assistance; or (iii) to any credit, credit guarantee, or financial assistance provided by the Department of Agriculture to support the purchase of food or other agricultural commodities. (F)(i) The President may exercise all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to block and prohibit all transactions in all property and interests in property of a foreign person or agency or instrumentality of the foreign state if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (ii) The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that knowingly violates, attempts to violate, conspires to violate, or causes a violation of regulations promulgated under section 6(b) to carry out clause (i) to the same extent that such penalties apply to a person that knowingly commits an unlawful act described in section 206(a) of that Act. (iii) The President may exercise all authorities provided to the President under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) for purposes of carrying out clause (i). (3) Exception.--The President shall not be required to apply sanctions with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a) if the President certifies in writing to the appropriate congressional committees that-- (A) the foreign person or agency or instrumentality of the foreign state-- (i) is no longer carrying out activities or transactions for which the sanctions were imposed pursuant to this subsection; or (ii) has taken and is continuing to take significant verifiable steps toward terminating the activities or transactions for which the sanctions were imposed pursuant to this subsection; and (B) the President has received reliable assurances from the foreign person or agency or instrumentality of the foreign state that it will not carry out any activities or transactions for which sanctions may be imposed pursuant to this subsection in the future. (c) Waiver.-- (1) In general.--The President may waive, on a case-by-case basis and for a period of not more than 180 days, a requirement under subsection (b) to impose or maintain sanctions with respect to a foreign person or agency or instrumentality of a foreign state if the President-- (A) determines that the waiver is in the national security interest of the United States; and (B) not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (2) Renewal of waiver.--The President may, on a case by case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President-- (A) determines that the renewal of the waiver is in the national security interest of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. (d) Rule of Construction.--The authority to impose sanctions under subsection (b) with respect to a foreign person or an agency or instrumentality of a foreign state identified pursuant to subsection (a) is in addition to the authority to impose sanctions under any other provision of law with respect to foreign persons or agencies or instrumentalities of foreign states that directly or indirectly support international terrorism. (e) Definitions.--In this section: (1) Foreign state.--The term ``foreign state'' has the meaning given such term in section 1603(a) of title 28, United States Code. (2) Agency or instrumentality.--The term ``agency or instrumentality'' has the meaning given such term in section 1603(b) of title 28, United States Code. (f) Effective Date.--This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subsection (a) that are carried out on or after such date of enactment. SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN GOVERNMENTS THAT PROVIDE MATERIAL SUPPORT FOR THE TERRORIST ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF. (a) Identification.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report that identifies the following: (A) Each government of a foreign country-- (i) with respect to which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 1754(c) of the Export Control Reform Act of 2018, section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law; and (ii) with respect to which the President determines has provided direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. (B) Each government of a foreign country that-- (i) is not identified under subparagraph (A); and (ii) the President determines engaged in a significant transaction so as to contribute knowingly and materially to the efforts by the government of a foreign country described in subparagraph (A)(i) to provide direct or indirect material support for the terrorist activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof. (2) Form of report.--Each report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (b) Imposition of Sanctions.-- (1) In general.--The President shall impose the following sanctions with respect to each government of a foreign country identified pursuant to subparagraph (A) or (B) of subsection (a)(1): (A) The United States Government shall suspend, for a period of 1 year, United States assistance to the government of the foreign country. (B) The Secretary of the Treasury shall instruct the United States Executive Director to each appropriate international financial institution to oppose, and vote against, for a period of 1 year, the extension by such institution of any loan or financial or technical assistance to the government of the foreign country. (C) No item on the United States Munitions List (established pursuant to section 38 of the Arms Export Control Act (22 U.S.C. 2778)) or the Commerce Control List set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations, may be exported to the government of the foreign country for a period of 1 year. (2) Exceptions.--The President shall not be required to apply sanctions with respect to the government of a foreign country pursuant to paragraph (1)-- (A) with respect to materials intended to be used by United States military or civilian personnel at military facilities in the country; or (B) if the application of such sanctions would prevent the United States from meeting the terms of any status of forces agreement to which the United States is a party. (c) Imposition of Additional Sanctions With Respect to Foreign Governments Identified Under Subsection (a)(1)(A).--The President shall impose the following additional sanctions with respect to each government of a foreign country identified pursuant to subsection (a)(1)(A): (1) The President shall, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the government of the foreign country has any interest. (2) The President shall, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between one or more financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the government of the foreign country. (d) Waiver.-- (1) In general.--The President may waive, on a case by case basis and for a period of not more than 180 days, a requirement under subsection (b) or (c) to impose or maintain sanctions with respect to a foreign government identified pursuant to subparagraph (A) or (B) of subsection (a)(1) if the President-- (A) determines that the waiver is in the national security interest of the United States; and (B) not less than 30 days before the waiver takes effect, submits to the appropriate congressional committees a report on the waiver and the justification for the waiver. (2) Renewal of waiver.--The President may, on a case by case basis, renew a waiver under paragraph (1) for additional periods of not more than 180 days if the President-- (A) determines that the renewal of the waiver is in the national security interest of the United States; and (B) not less than 15 days before the waiver expires, submits to the appropriate congressional committees a report on the renewal of the waiver and the justification for the renewal of the waiver. (e) Rule of Construction.--The authority to impose sanctions under subsection (b) or (c) with respect to each government of a foreign country identified pursuant to subparagraph (A) or (B) of subsection (a)(1) is in addition to the authority to impose sanctions under any other provision of law with respect to governments of foreign countries that provide material support to foreign terrorist organizations designated pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (f) Termination.--The President may terminate any sanctions imposed with respect to the government of a foreign country pursuant to subsection (b) or (c) if the President determines and notifies the appropriate congressional committees that the government of the foreign country is no longer carrying out activities or transactions for which the sanctions were imposed and has provided assurances to the United States Government that it will not carry out the activities or transactions in the future. (g) Effective Date.--This section shall take effect on the date of the enactment of this Act and apply with respect to activities and transactions described in subparagraph (A) or (B) of subsection (a)(1) that are carried out on or after such date of enactment. SEC. 5. EXEMPTIONS FROM SANCTIONS UNDER SECTIONS 3 AND 4 RELATING TO PROVISION OF HUMANITARIAN ASSISTANCE. (a) Sanctions Under Section 3.--The following activities shall be exempt from sanctions under section 3: (1) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to a foreign person described in section 3(a)(2). (2) The provision of humanitarian assistance to a foreign person described in section 3(a)(2), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. (b) Sanctions Under Section 4.--The following activities shall be exempt from sanctions under section 4: (1) The conduct or facilitation of a transaction for the sale of agricultural commodities, food, medicine, or medical devices to Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof described in section 4(a)(1). (2) The provision of humanitarian assistance to Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof described in section 4(a)(1), including engaging in a financial transaction relating to humanitarian assistance or for humanitarian purposes or transporting goods or services that are necessary to carry out operations relating to humanitarian assistance or humanitarian purposes. SEC. 6. REPORT ON ACTIVITIES OF FOREIGN COUNTRIES TO DISRUPT GLOBAL FUNDRAISING, FINANCING, AND MONEY LAUNDERING ACTIVITIES OF HAMAS, THE PALESTINIAN ISLAMIC JIHAD, OR ANY AFFILIATE OR SUCCESSOR THEREOF. (a) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes-- (A) a list of foreign countries that support Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, or in which Hamas maintains important portions of its financial networks; (B) with respect to each foreign country on the list required by subparagraph (A)-- (i) an assessment of whether the government of the country is taking adequate measures to freeze the assets of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof within the territory of the country; and (ii) in the case of a country the government of which is not taking adequate measures to freeze the assets of Hamas-- (I) an assessment of the reasons that government is not taking adequate measures to freeze those assets; and (II) a description of measures being taken by the United States Government to encourage that government to freeze those assets; (C) a list of foreign countries in which Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, conducts significant fundraising, financing, or money laundering activities; (D) with respect to each foreign country on the list required by subparagraph (C)-- (i) an assessment of whether the government of the country is taking adequate measures to disrupt the fundraising, financing, or money laundering activities of Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof within the territory of the country; and (ii) in the case of a country the government of which is not taking adequate measures to disrupt those activities-- (I) an assessment of the reasons that government is not taking adequate measures to disrupt those activities; and (II) a description of measures being taken by the United States Government to encourage that government to improve measures to disrupt those activities; and (E) a list of foreign countries from which Hamas, the Palestinian Islamic Jihad, or any affiliate or successor thereof, acquires surveillance equipment, electronic monitoring equipment, or other means to inhibit communication or political expression in Gaza. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form to the greatest extent possible, and may contain a classified annex. (b) Briefing.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for a period not to exceed 3 years, the Secretary of State, the Secretary of the Treasury, and the heads of other applicable Federal departments and agencies (or their designees) shall provide to the appropriate congressional committees a briefing on the disposition of the assets and activities of Hamas, the Palestinian Islamic Jihad, or any successor or affiliate thereof related to fundraising, financing, and money laundering worldwide. (c) Definition.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Affairs, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate. SEC. 7. MISCELLANEOUS PROVISIONS. (a) Rule of Construction.--Nothing in this Act shall be construed to apply to the authorized intelligence activities of the United States. (b) Regulatory Authority.--The President shall, not later than 180 days after the date of the enactment of this Act, promulgate regulations as are necessary for the implementation of this Act. (c) Exception Relating to Importation of Goods.-- (1) In general.--The authorities and requirements to impose sanctions authorized under this Act shall not include the authority or requirement to impose sanctions on the importation of goods. (2) Good defined.--In this subsection, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Termination.--This Act shall terminate beginning-- (1) 30 days after the date on which the President certifies to the appropriate congressional committees that Hamas and the Palestinian Islamic Jihad, or any successor or affiliate thereof-- (A) are no longer designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (B) are no longer subject to sanctions pursuant to-- (i) Executive Order No. 12947 (January 23, 1995; relating to prohibiting transactions with terrorists who threaten to disrupt the Middle East peace process); and (ii) Executive Order No. 13224 (September 23, 2001; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism); and (C) meet the criteria described in paragraphs (1) through (4) of section 9 of the Palestinian Anti- Terrorism Act of 2006 (22 U.S.C. 2378b note); or (2) 3 years after the date of the enactment of this Act, whichever occurs earlier. SEC. 8. DEFINITIONS. Except as otherwise provided, in this Act: (1) Admitted.--The term ``admitted'' has the meaning given such term in section 101(a)(13)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(A)). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (3) Foreign person.--The term ``foreign person'' means-- (A) an individual who is not a United States person; or (B) a corporation, partnership, or other nongovernmental entity which is not a United States person. (4) Material support.--The term ``material support'' has the meaning given the term ``material support or resources'' in section 2339A of title 18, United States Code. (5) Person.--The term ``person'' means an individual or entity. (6) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. all
H.R. 262 (Introduced in House) - Federal Death Penalty Prohibition Act	https://www.govinfo.gov/content/pkg/BILLS-117hr262ih/html/BILLS-117hr262ih.htm	DOC 117th CONGRESS 1st Session H. R. 262 To prohibit the imposition of the death penalty for any violation of Federal law, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Ms. Pressley (for herself, Ms. Adams, Ms. Barragan, Ms. Bass, Mrs. Beatty, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Bonamici, Mr. Bowman, Mr. Brown, Ms. Bush, Mr. Butterfield, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Connolly, Mr. Cooper, Mr. Danny K. Davis of Illinois, Ms. Dean, Ms. DeGette, Ms. DelBene, Mr. DeSaulnier, Mr. Evans, Mr. Garcia of Illinois, Mr. Hastings, Ms. Jayapal, Mr. Jeffries, Mr. Johnson of Georgia, Mr. Jones, Ms. Kaptur, Mr. Khanna, Mr. Kildee, Mr. Gomez, Mrs. Lawrence, Ms. Lee of California, Mr. Lieu, Ms. Lofgren, Mr. Lowenthal, Mr. Malinowski, Ms. McCollum, Mr. McGovern, Mr. Meeks, Ms. Moore of Wisconsin, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Ms. Pingree, Mr. Pocan, Mr. Raskin, Mr. Rush, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Smith of Washington, Ms. Spanberger, Mr. Thompson of Mississippi, Ms. Tlaib, Mrs. Trahan, Mr. Trone, Ms. Velazquez, Mrs. Watson Coleman, Mr. Welch, and Ms. Wild) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit the imposition of the death penalty for any violation of Federal law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Death Penalty Prohibition Act''. SEC. 2. PROHIBITION ON IMPOSITION OF DEATH SENTENCE. (a) In General.--Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons Sentenced Before Date of Enactment.--Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall be resentenced. all
H.R. 263 (Introduced in House) - Big Cat Public Safety Act	https://www.govinfo.gov/content/pkg/BILLS-117hr263ih/html/BILLS-117hr263ih.htm	DOC 117th CONGRESS 1st Session H. R. 263 To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Quigley (for himself, Mr. Fitzpatrick, Mr. Blumenauer, Mr. Buchanan, Mr. Garcia of Illinois, Mr. Waltz, Mr. McNerney, and Mr. Womack) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Lacey Act Amendments of 1981 to clarify provisions enacted by the Captive Wildlife Safety Act, to further the conservation of certain wildlife species, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Big Cat Public Safety Act''. SEC. 2. DEFINITIONS. (a) In General.--Section 2 of the Lacey Act Amendments of 1981 (16 U.S.C. 3371) is amended-- (1) by redesignating subsections (a) through (k) as subsections (b) through (l), respectively; and (2) by inserting before subsection (b) (as so redesignated) the following: ``(a) Breed.--The term `breed' means to facilitate propagation or reproduction (whether intentionally or negligently), or to fail to prevent propagation or reproduction.''. (b) Conforming Amendments.-- (1) Consolidated farm and rural development act.--Section 349(a)(3) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1997(a)(3)) is amended by striking ``section 2(a)'' and inserting ``section 2(b)''. (2) Lacey act amendments of 1981.-- (A) Section 3(e)(2)(C) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(e)(2)(C)) is amended-- (i) in clause (ii), by striking ``section 2(g)'' and inserting ``section 2(h)''; and (ii) in clause (iii), by striking ``section 2(g)'' and inserting ``section 2(h)''. (B) Section 7(c) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(c)) is amended by striking ``section 2(f)(2)(A)'' and inserting ``section 2(g)(2)(A)''. SEC. 3. PROHIBITIONS. Section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372) is amended-- (1) in subsection (a)-- (A) in paragraph (2)-- (i) in subparagraph (A), by striking the semicolon at the end and inserting ``; or''; (ii) in subparagraph (B)(iii), by striking ``; or'' and inserting a semicolon; and (iii) by striking subparagraph (C); and (B) in paragraph (4), by striking ``(1) through (3)'' and inserting ``(1) through (3) or subsection (e)''; and (2) by amending subsection (e) to read as follows: ``(e) Captive Wildlife Offense.-- ``(1) In general.--It is unlawful for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce, or in a manner substantially affecting interstate or foreign commerce, or to breed or possess, any prohibited wildlife species. ``(2) Limitation on application.--Paragraph (1) does not apply to-- ``(A) an entity exhibiting animals to the public under a Class C license from the Department of Agriculture, or a Federal facility registered with the Department of Agriculture that exhibits animals, if such entity or facility holds such license or registration in good standing and if the entity or facility-- ``(i) does not allow any individual to come into direct physical contact with a prohibited wildlife species, unless that individual is-- ``(I) a trained professional employee or contractor of the entity or facility (or an accompanying employee receiving professional training); ``(II) a licensed veterinarian (or a veterinary student accompanying such a veterinarian); or ``(III) directly supporting conservation programs of the entity or facility, the contact is not in the course of commercial activity (which may be evidenced by advertisement or promotion of such activity or other relevant evidence), and the contact is incidental to humane husbandry conducted pursuant to a species- specific, publicly available, peer- edited population management and care plan that has been provided to the Secretary with justifications that the plan-- ``(aa) reflects established conservation science principles; ``(bb) incorporates genetic and demographic analysis of a multi-institution population of animals covered by the plan; and ``(cc) promotes animal welfare by ensuring that the frequency of breeding is appropriate for the species; ``(ii) ensures that during public exhibition of a lion (Panthera leo), tiger (Panthera tigris), leopard (Panthera pardus), snow leopard (Uncia uncia), jaguar (Panthera onca), cougar (Puma concolor), or any hybrid thereof, the animal is at least 15 feet from members of the public unless there is a permanent barrier sufficient to prevent public contact; ``(B) a State college, university, or agency, or a State-licensed veterinarian; ``(C) a wildlife sanctuary that cares for prohibited wildlife species, and-- ``(i) is a corporation that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 and described in sections 501(c)(3) and 170(b)(1)(A)(vi) of such Code; ``(ii) does not commercially trade in any prohibited wildlife species, including offspring, parts, and byproducts of such animals; ``(iii) does not breed any prohibited wildlife species; ``(iv) does not allow direct contact between the public and any prohibited wildlife species; and ``(v) does not allow the transportation and display of any prohibited wildlife species off- site; ``(D) has custody of any prohibited wildlife species solely for the purpose of expeditiously transporting the prohibited wildlife species to a person described in this paragraph with respect to the species; or ``(E) an entity or individual that is in possession of any prohibited wildlife species that was born before the date of the enactment of the Big Cat Public Safety Act, and-- ``(i) not later than 180 days after the date of the enactment of the such Act, the entity or individual registers each individual animal of each prohibited wildlife species possessed by the entity or individual with the United States Fish and Wildlife Service; ``(ii) does not breed, acquire, or sell any prohibited wildlife species after the date of the enactment of such Act; and ``(iii) does not allow direct contact between the public and prohibited wildlife species.''. SEC. 4. PENALTIES. (a) Civil Penalties.--Section 4(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(a)(1)) is amended-- (1) by inserting ``(e),'' after ``(d),''; and (2) by inserting ``, (e),'' after ``subsection (d)''. (b) Criminal Penalties.--Section 4(d) of the Lacey Act Amendments of 1981 (16 U.S.C. 3373(d)) is amended-- (1) in paragraph (1)(A), by inserting ``(e),'' after ``(d),''; (2) in paragraph (1)(B), by inserting ``(e),'' after ``(d),''; (3) in paragraph (2), by inserting ``(e),'' after ``(d),''; and (4) by adding at the end the following: ``(4) Any person who knowingly violates subsection (e) of section 3 shall be fined not more than $20,000, or imprisoned for not more than five years, or both. Each violation shall be a separate offense and the offense is deemed to have been committed in the district where the violation first occurred, and in any district in which the defendant may have taken or been in possession of the prohibited wildlife species.''. SEC. 5. FORFEITURE OF PROHIBITED WILDLIFE SPECIES. Section 5(a)(1) of the Lacey Act Amendments of 1981 (16 U.S.C. 3374(a)(1)) is amended by inserting ``bred, possessed,'' before ``imported, exported,''. SEC. 6. ADMINISTRATION. Section 7(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following: ``(3) The Secretary shall, in consultation with other relevant Federal and State agencies, promulgate any regulations necessary to implement section 3(e).''. all
"H.R. 264 (Engrossed in House) -An Act To designate the facility of the United States Postal Service 
located at 1101 Charlotte Street in Georgetown, South Carolina, as the 
Joseph Hayne Rainey Memorial Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr264eh/html/BILLS-117hr264eh.htm	DOC 117th CONGRESS 1st Session H. R. 264 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH HAYNE RAINEY MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, shall be known and designated as the ``Joseph Hayne Rainey Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Hayne Rainey Memorial Post Office Building''. Passed the House of Representatives February 23, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 264 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''.
"H.R. 264 (Enrolled Bill) - An 
Act To designate the facility of the United States Postal Service 
located at 1101 Charlotte Street in Georgetown, South Carolina, as the 
Joseph Hayne Rainey Memorial Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr264enr/html/BILLS-117hr264enr.htm	H.R.264 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH HAYNE RAINEY MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, shall be known and designated as the ``Joseph Hayne Rainey Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Hayne Rainey Memorial Post Office Building''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
"H.R. 264 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 1101 Charlotte Street in Georgetown, South Carolina, as the Joseph 
Hayne Rainey Memorial Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr264ih/html/BILLS-117hr264ih.htm	DOC 117th CONGRESS 1st Session H. R. 264 To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Rice of South Carolina (for himself, Mr. Clyburn, Ms. Mace, Mr. Timmons, Mr. Wilson of South Carolina, Mr. Norman, and Mr. Duncan) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH HAYNE RAINEY MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, shall be known and designated as the ``Joseph Hayne Rainey Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Hayne Rainey Memorial Post Office Building''. all
"H.R. 264 (Referred in Senate) -An Act To designate the facility of the United States Postal Service 
located at 1101 Charlotte Street in Georgetown, South Carolina, as the 
Joseph Hayne Rainey Memorial Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr264rfs/html/BILLS-117hr264rfs.htm	DOC 117th CONGRESS 1st Session H. R. 264 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH HAYNE RAINEY MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, shall be known and designated as the ``Joseph Hayne Rainey Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Hayne Rainey Memorial Post Office Building''. Passed the House of Representatives February 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 264 (Reported in Senate) -An Act To designate the facility of the United States Postal Service 
located at 1101 Charlotte Street in Georgetown, South Carolina, as the 
Joseph Hayne Rainey Memorial Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr264rs/html/BILLS-117hr264rs.htm	DOC Calendar No. 37 117th CONGRESS 1st Session H. R. 264 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs April 14, 2021 Reported by Mr. Peters, without amendment _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH HAYNE RAINEY MEMORIAL POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, shall be known and designated as the ``Joseph Hayne Rainey Memorial Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph Hayne Rainey Memorial Post Office Building''. Calendar No. 37 117th CONGRESS 1st Session H. R. 264 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 1101 Charlotte Street in Georgetown, South Carolina, as the ``Joseph Hayne Rainey Memorial Post Office Building''. _______________________________________________________________________ April 14, 2021 Reported without amendment
H.R. 265 (Introduced in House) - Insular Area Medicaid Parity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr265ih/html/BILLS-117hr265ih.htm	DOC 117th CONGRESS 1st Session H. R. 265 To amend title XI of the Social Security Act to eliminate the general Medicaid funding limitations for territories of the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Sablan (for himself, Mr. Cleaver, Mrs. Radewagen, Mr. San Nicolas, Mr. Espaillat, Ms. Lee of California, Ms. Moore of Wisconsin, Mr. Cardenas, Ms. Bonamici, Mr. McGovern, Mr. Sires, Ms. Velazquez, Ms. Barragan, Mr. Garcia of Illinois, Ms. DeLauro, Mr. Hastings, Mr. Carson, Mr. Case, Ms. Clarke of New York, Ms. Jackson Lee, Mrs. Napolitano, Ms. Norton, Ms. Meng, Mr. Trone, Mr. Castro of Texas, Mr. Butterfield, Mr. Nadler, Ms. Ocasio-Cortez, Miss Gonzalez-Colon, Ms. Kelly of Illinois, and Ms. Chu) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XI of the Social Security Act to eliminate the general Medicaid funding limitations for territories of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Insular Area Medicaid Parity Act''. SEC. 2. ELIMINATION OF GENERAL MEDICAID FUNDING LIMITATIONS (``CAP'') FOR TERRITORIES. (a) In General.--Section 1108 of the Social Security Act (42 U.S.C. 1308) is amended-- (1) in subsection (f), in the matter preceding paragraph (1), by striking ``subsection (g)'' and inserting ``subsections (g) and (h)''; (2) in subsection (g)(2), in the matter preceding subparagraph (A), by striking ``and paragraphs (3) and (5)'' and inserting ``, paragraphs (3) and (5), and subsection (h)''; and (3) by adding at the end the following new subsection: ``(h) Sunset of Medicaid Funding Limitations.--Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa beginning with fiscal year 2021.''. (b) Conforming Amendments.-- (1) Section 1902(j) of the Social Security Act (42 U.S.C. 1396a(j)) is amended by striking ``, the limitation in section 1108(f),''. (2) Section 1903(u) of the Social Security Act (42 U.S.C. 1396b(u)) is amended by striking paragraph (4). (c) Effective Date.--The amendments made by this section shall apply beginning with fiscal year 2021. all
H.R. 266 (Introduced in House)- To name the Air Force Utah Test and Training Range as the Bishop UtahTest and Training Range, and for other purposes.	https://www.govinfo.gov/content/pkg/BILLS-117hr266ih/html/BILLS-117hr266ih.htm	DOC 117th CONGRESS 1st Session H. R. 266 To name the Air Force Utah Test and Training Range as the ``Bishop Utah Test and Training Range'', and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Stewart (for himself, Mr. Owens, Mr. Curtis, and Mr. Moore of Utah) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To name the Air Force Utah Test and Training Range as the ``Bishop Utah Test and Training Range'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NAME OF AIR FORCE UTAH TEST AND TRAINING RANGE. The Air Force Utah Test and Training Range shall after the date of the enactment of this Act be known and designated as the ``Bishop Utah Test and Training Range''. Any reference to such test and training range in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Bishop Utah Test and Training Range. all
H.R. 267 (Introduced in House) - 2020 WHIP+ Reauthorization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr267ih/html/BILLS-117hr267ih.htm	DOC 117th CONGRESS 1st Session H. R. 267 To extend the wildfire and hurricane indemnity program to cover certain crop losses in calendar year 2020, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Thompson of California (for himself, Mr. Panetta, Ms. Lee of California, Mr. DeFazio, and Mr. Newhouse) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To extend the wildfire and hurricane indemnity program to cover certain crop losses in calendar year 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``2020 WHIP+ Reauthorization Act''. SEC. 2. CROP LOSSES OCCURRING IN CALENDAR YEAR 2020. Amounts appropriated by section 791(d) of division B of Public Law 116-94 shall also be made available for necessary expenses related to losses of crops (including smoke-tainted wine grapes) as a consequence of wildfires occurring in calendar year 2020 in the same manner as other crop losses under the heading ``Department of Agriculture-- Agricultural Programs--Processing, Research and Marketing--Office of the Secretary'' in title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law 116-20). all
H.R. 267 (Reported in House) - 2020 WHIP+ Reauthorization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr267rh/html/BILLS-117hr267rh.htm	DOC Union Calendar No. 89 117th CONGRESS 1st Session H. R. 267 To extend the wildfire and hurricane indemnity program to cover certain crop losses in calendar year 2020, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Thompson of California (for himself, Mr. Panetta, Ms. Lee of California, Mr. DeFazio, and Mr. Newhouse) introduced the following bill; which was referred to the Committee on Agriculture September 20, 2021 Additional sponsors: Mr. Carbajal, Mr. Harder of California, Mrs. Axne, Mr. Garamendi, Mr. Costa, Mr. Arrington, Mr. Higgins of Louisiana, Mr. Cuellar, Ms. Bonamici, Ms. Schrier, Ms. Eshoo, Mr. Huffman, Mr. Feenstra, Ms. DelBene, Mr. Blumenauer, Mrs. Hinson, Mr. Danny K. Davis of Illinois, Mr. O'Halleran, Mr. Schrader, Mr. DeSaulnier, Mr. Fitzpatrick, Ms. Sewell, Mr. Bost, Mrs. Bustos, Mr. Rogers of Alabama, Mr. Aderholt, Mrs. Miller-Meeks, Mr. Valadao, Mr. Moore of Utah, Mrs. Rodgers of Washington, Mr. LaHood, Mr. Rodney Davis of Illinois, Mr. Cole, Mr. Moore of Alabama, Mr. Palazzo, Mr. Kilmer, Mr. Rush, Mr. Rouzer, Ms. Spanberger, Ms. Salazar, Mr. Vicente Gonzalez of Texas, Mr. Amodei, Mr. Kelly of Mississippi, Ms. Craig, Mr. Carl, Mrs. Hayes, Mr. Johnson of South Dakota, Mr. Bera, Mrs. Napolitano, Mr. Lowenthal, Mr. Westerman, Ms. Strickland, Mr. Owens, Ms. Lofgren, Mr. Swalwell, Mr. LaMalfa, and Ms. Brownley September 20, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed _______________________________________________________________________ A BILL To extend the wildfire and hurricane indemnity program to cover certain crop losses in calendar year 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``2020 WHIP+ Reauthorization Act''. SEC. 2. DISASTER INDEMNITY PROGRAM. (a) In General.--Except as otherwise provided in this section, with respect to the coverage period, the Secretary shall carry out-- (1) a disaster indemnity program in the same manner as the WHIP+ program is carried out under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (2) an on-farm storage loss program in the same manner as the program carried out under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); and (3) a milk loss program in the same manner as the program carried out under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (b) Covered Losses.--In carrying out the programs under this section, the Secretary shall make payments to producers in accordance with subsection (c) for qualified losses of covered crops, including milk, that occurred during the coverage period. (c) Payments.-- (1) In general.--Payments to producers for qualified losses of covered crops, including milk, under the programs under this section shall be administered, except as provided in paragraph (2), in the same manner as payments under the relevant programs in subsection (a). (2) Exceptions.-- (A) Direct payments required.--The Secretary shall make payments under the programs under paragraphs (1), (2), and (3) of subsection (a) as direct payments to producers or processors, at the election of the processor. (B) Special rule for unharvested acres.--The Secretary shall make payments under this section with respect to qualified losses of unharvested acres of a covered crop in the same manner as payments are made with respect to eligible crop losses under the noninsured crop assistance program under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). (C) Payment limitations.-- (i) In general.--Except as provided in clauses (ii), (iii), (iv), and (v), the Secretary shall impose payment limitations consistent with section 760.1507 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (ii) Exception for specialty crops or high value crops.--In the case of specialty crops or high value crops, as determined by the Secretary, the Secretary shall impose payment limitations consistent with section 760.1507(a)(2) of title 7, Code of Federal Regulations (as in effect on January 1, 2019). (iii) Tax year basis.--In applying the payment limitations under this subparagraph, the Secretary shall determine a person or legal entity's average adjusted gross income and average adjusted gross farm income based on the 2017, 2018, and 2019 tax years. (iv) Annual renewal.--With respect to the payment limitations described under this subparagraph, the Secretary shall apply separate payment limits for each of the years under the covered period. (v) Entity rules.--With respect to payments to a corporation, limited liability company, limited partnership, trust, or estate under this section, the Secretary shall-- (I) determine average adjusted gross income and average adjusted gross farm income in accordance with clause (iii); and (II) apply rules in the same manner as subsections (d) and (e) of section 9.7 of title 7, Code of Federal Regulations. (D) Net indemnities.--In calculating payments under the programs under paragraphs (1), (2), and (3) of subsection (a), the Secretary shall net out crop insurance indemnities, less any insurance premiums paid by the producer. (E) Payments to sugar and dairy processors.-- (i) In general.--At the election of a processor eligible for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) or a cooperative processor of dairy, in lieu of payments to producers provided under a program described in subsection (a), the Secretary shall make payments to a processor to be paid to producer members, as determined by such processors under the same terms and conditions as payments made to processors pursuant to section 791(c) of title VII of division B of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94). (ii) Non-election.--Notwithstanding section 760.1503(j) of title 7 of the Code of Federal Regulations, in the event that a processor described in clause (i) does not elect to receive payments under such clause, the Secretary shall make direct payments to producers under a program described in subsection (a). (F) Block grants.--The Secretary may provide payments in the form of block grants to States and processors described in subparagraph (E). (d) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $8,500,000,000. (2) Administration.--The Secretary may use not more than 1 percent of the funds appropriated pursuant to paragraph (1) to carry out the following: (A) Streamlining the application process. (B) Utilizing information technology to enable the electronic transfer of data used in such application process between the Risk Management Agency and the Farm Service Agency. (C) Activities that with respect to county office employees, reduce the workload of such employees in carrying out this section. (D) To the maximum extent practicable, providing the necessary information to, and assisting crop insurance agents with, providing application information on behalf of insured producers. (e) Exemption.--Notwithstanding the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282; 31 U.S.C. 6101 note), the requirements of parts 25 and 170 of title 2, Code of Federal Regulations (or successor regulations), shall not apply with respect to assistance received under this section. (f) Definitions.--In this section: (1) Coverage period.--In this section, the term ``coverage period'' means, with respect to a covered crop, including milk, and a qualifying disaster event described in paragraph (6)(A)(i), calendar years 2020 and 2021. (2) Covered crop.--The term ``covered crop'' means a crop, tree, bush, or vine described in section 760.1503 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section), including wine grapes, which shall include all insured acreage (regardless of whether such acreage is the initial acreage or not). (3) Milk loss program.--The term ``milk loss program'' means the milk loss program under subpart Q of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). (4) On-farm storage loss program.--The term ``on-farm storage loss program'' means the on-farm storage loss program under subpart P of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section) (5) State.--In this section, the term ``State'' has the meaning given the term in section 1111(20) of the Agricultural Act of 2014. (6) Qualified loss.--The term ``qualified loss''-- (A) with respect to a covered crop not described in subparagraph (B), the loss of such crop during the coverage period-- (i) due to a qualifying disaster event described in the definition of ``qualifying disaster event'' in section 760.1802 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section); (ii) due to high winds, derechos, excessive heat, or freeze (including a polar vortex); (iii) due to a drought in-- (I) a county the Secretary designated for drought; or (II) a county contiguous to a county described in subclause (I); or (iv) due to other disruptions (including power outages or curtailments) that are associated with the effects of a qualified disaster event under this section; and (B) with respect to smoke tainted wine grapes, the loss (including a quality loss) of such crop during the coverage period due to wildfire, as determined by the Secretary. (7) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (8) Whip+ program.--The term ``WHIP+ program'' means the WHIP+ program under subpart O of part 760 of title 7, Code of Federal Regulations (as in effect on the date of the enactment of this section). Union Calendar No. 89 117th CONGRESS 1st Session H. R. 267 _______________________________________________________________________ A BILL To extend the wildfire and hurricane indemnity program to cover certain crop losses in calendar year 2020, and for other purposes. _______________________________________________________________________ September 20, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
"H.R. 268 (Introduced in House)- To provide for the boundary of the Palo Alto Battlefield National 
Historic Park to be adjusted, to authorize the donation of land to the 
United States for addition to that historic park, and for other 
purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr268ih/html/BILLS-117hr268ih.htm	DOC 117th CONGRESS 1st Session H. R. 268 To provide for the boundary of the Palo Alto Battlefield National Historic Park to be adjusted, to authorize the donation of land to the United States for addition to that historic park, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Vela introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To provide for the boundary of the Palo Alto Battlefield National Historic Park to be adjusted, to authorize the donation of land to the United States for addition to that historic park, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BOUNDARY; LEGAL DESCRIPTION. (a) Boundary.--Section 3(b)(2) of the Palo Alto Battlefield National Historic Site Act of 1991 (16 U.S.C. 410nnn-1(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``consist of approximately'' and inserting the following: ``consist of-- ``(i) the approximately''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(ii) on the date that such land is donated to the United States, the approximately 166.44 acres of land generally depicted on the map entitled `PALO ALTO BATTLEFIELD NATIONAL HISTORICAL PARK Proposed Boundary Addition, Fort Brown Unit', numbered 469/143,589, and dated April 2018.''; and (2) in subparagraph (B), by striking ``map'' and inserting ``maps''. (b) Legal Description.--Section 3(b)(3) of the Palo Alto Battlefield National Historic Site Act of 1991 (16 U.S.C. 410nnn- 1(b)(3)) is amended by striking ``after'' and all that follows through ``Secretary of the Interior'' and inserting ``after the addition of lands to the historic park boundary, the Secretary of the Interior''. all
H.R. 269 (Introduced in House) - Putting Our Resources Toward Security (PORTS) Act	https://www.govinfo.gov/content/pkg/BILLS-117hr269ih/html/BILLS-117hr269ih.htm	DOC 117th CONGRESS 1st Session H. R. 269 To enhance the safety of ports of entry in the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Vela introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To enhance the safety of ports of entry in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Putting Our Resources Toward Security (PORTS) Act''. SEC. 2. IMPROVING PORTS OF ENTRY FOR BORDER SECURITY AND OTHER PURPOSES. (1) In general.--There are authorized to be appropriated to the Administrator of the General Services Administration $2,000,000,000 for each of fiscal years 2022 through 2024 to make improvements to existing ports of entry in the United States to improve border security and for other purposes. (2) Priority.--In making improvements described in subsection (a), the Administrator of the General Services Administration, in coordination with the Secretary of Homeland Security, shall give priority to the ports of entry that the Administrator determines are in most need of repair to improve border security and for other purposes in accordance with port of entry infrastructure assessment studies required in section 603 of title VI, division E, of the Consolidated Appropriations Act of 2008 (Public Law 110-161). all
H.R. 26 (Engrossed in House) - Construction Consensus Procurement Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr26eh/html/BILLS-117hr26eh.htm	DOC 117th CONGRESS 1st Session H. R. 26 _______________________________________________________________________ AN ACT To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Consensus Procurement Improvement Act of 2021''. SEC. 2. AMENDMENT. Section 402 of title IV of division U of the Consolidated Appropriations Act, 2021, is amended to read as follows: ``prohibition on use of a reverse auction for the award of a contract for complex, specialized, or substantial design and construction services ``Sec. 402. ``(a) Findings.--Congress makes the following findings: ``(1) In contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. ``(2) Reverse auctions, while providing value for the vast majority of Federal acquisitions, including certain construction-related acquisitions, are limited in value for complex, specialized, or substantial design and construction services. ``(b) Reverse Auction Defined.--In this section, the term `reverse auction' means, with respect to any procurement by an executive agency, a real-time auction generally conducted through an electronic medium among two or more offerors who compete by submitting bids for a supply or service contract, or a delivery order, task order, or purchase order under the contract, with the ability to submit revised lower bids at any time before the closing of the auction. ``(c) Prohibition.-- ``(1) In general.--Not later than 270 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for complex, specialized, or substantial design and construction services. ``(2) Applicability to acquisitions above the simplified acquisition threshold.--The prohibition on reverse auctions for complex, specialized, or substantial design and construction services shall apply only to acquisitions above the simplified acquisition threshold (SAT) for construction and design services pursuant to part 36 of the Federal Acquisition Regulation. ``(d) Rulemaking for Complex, Specialized, or Substantial Services.--Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulatory Council shall promulgate a definition of complex, specialized, or substantial design and construction services, which shall include-- ``(1) site planning and landscape design; ``(2) architectural and engineering services (as defined in section 1102 of title 40, United States Code); ``(3) interior design; ``(4) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; and ``(5) construction or substantial alteration of public buildings or public works. ``(e) Rule of Construction.--Nothing in this section shall be construed to restrict the use of reverse auctions for the procurement of other goods and services except as specifically provided for under this section. ``(f) Report.--Not later than two years after the date of the enactment of this section, the Administrator of General Services shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the effectiveness of this section in delivering complex, specialized, or substantial design and construction services to the United States Government.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 26 _______________________________________________________________________ AN ACT To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes.
H.R. 26 (Enrolled Bill) - Construction Consensus Procurement Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr26enr/html/BILLS-117hr26enr.htm	H.R.26 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Consensus Procurement Improvement Act of 2021''. SEC. 2. AMENDMENT. Section 402 of title IV of division U of the Consolidated Appropriations Act, 2021, is amended to read as follows: ``prohibition on use of a reverse auction for the award of a contract for complex, specialized, or substantial design and construction services ``Sec. 402. ``(a) Findings.--Congress makes the following findings: ``(1) In contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. ``(2) Reverse auctions, while providing value for the vast majority of Federal acquisitions, including certain construction- related acquisitions, are limited in value for complex, specialized, or substantial design and construction services. ``(b) Reverse Auction Defined.--In this section, the term `reverse auction' means, with respect to any procurement by an executive agency, a real-time auction generally conducted through an electronic medium among two or more offerors who compete by submitting bids for a supply or service contract, or a delivery order, task order, or purchase order under the contract, with the ability to submit revised lower bids at any time before the closing of the auction. ``(c) Prohibition.-- ``(1) In general.--Not later than 270 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for complex, specialized, or substantial design and construction services. ``(2) Applicability to acquisitions above the simplified acquisition threshold.--The prohibition on reverse auctions for complex, specialized, or substantial design and construction services shall apply only to acquisitions above the simplified acquisition threshold (SAT) for construction and design services pursuant to part 36 of the Federal Acquisition Regulation. ``(d) Rulemaking for Complex, Specialized, or Substantial Services.--Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulatory Council shall promulgate a definition of complex, specialized, or substantial design and construction services, which shall include-- ``(1) site planning and landscape design; ``(2) architectural and engineering services (as defined in section 1102 of title 40, United States Code); ``(3) interior design; ``(4) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; and ``(5) construction or substantial alteration of public buildings or public works. ``(e) Rule of Construction.--Nothing in this section shall be construed to restrict the use of reverse auctions for the procurement of other goods and services except as specifically provided for under this section. ``(f) Report.--Not later than two years after the date of the enactment of this section, the Administrator of General Services shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the effectiveness of this section in delivering complex, specialized, or substantial design and construction services to the United States Government.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
H.R. 26 (Introduced in House) - Construction Consensus Procurement Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr26ih/html/BILLS-117hr26ih.htm	DOC 117th CONGRESS 1st Session H. R. 26 To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Comer (for himself and Mr. Khanna) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Consensus Procurement Improvement Act of 2021''. SEC. 2. AMENDMENT. Section 402 of title IV of division U of the Consolidated Appropriations Act, 2021, is amended to read as follows: ``prohibition on use of a reverse auction for the award of a contract for complex, specialized, or substantial design and construction services ``Sec. 402. ``(a) Findings.--Congress makes the following findings: ``(1) In contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. ``(2) Reverse auctions, while providing value for the vast majority of Federal acquisitions, including certain construction-related acquisitions, are limited in value for complex, specialized, or substantial design and construction services. ``(b) Reverse Auction Defined.--In this section, the term `reverse auction' means, with respect to any procurement by an executive agency, a real-time auction generally conducted through an electronic medium among two or more offerors who compete by submitting bids for a supply or service contract, or a delivery order, task order, or purchase order under the contract, with the ability to submit revised lower bids at any time before the closing of the auction. ``(c) Prohibition.-- ``(1) In general.--Not later than 270 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for complex, specialized, or substantial design and construction services. ``(2) Applicability to acquisitions above the simplified acquisition threshold.--The prohibition on reverse auctions for complex, specialized, or substantial design and construction services shall apply only to acquisitions above the simplified acquisition threshold (SAT) for construction and design services pursuant to part 36 of the Federal Acquisition Regulation. ``(d) Rulemaking for Complex, Specialized, or Substantial Services.--Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulatory Council shall promulgate a definition of complex, specialized, or substantial design and construction services, which shall include-- ``(1) site planning and landscape design; ``(2) architectural and engineering services (as defined in section 1102 of title 40, United States Code); ``(3) interior design; ``(4) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; and ``(5) construction or substantial alteration of public buildings or public works. ``(e) Rule of Construction.--Nothing in this section shall be construed to restrict the use of reverse auctions for the procurement of other goods and services except as specifically provided for under this section. ``(f) Report.--Not later than two years after the date of the enactment of this section, the Administrator of General Services shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the effectiveness of this section in delivering complex, specialized, or substantial design and construction services to the United States Government.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 26 (Referred in Senate) - Construction Consensus Procurement Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr26rfs/html/BILLS-117hr26rfs.htm	DOC 117th CONGRESS 1st Session H. R. 26 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 6, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Consolidated Appropriations Act, 2021, to correct a provision on the prohibition on the use of a reverse auction, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Consensus Procurement Improvement Act of 2021''. SEC. 2. AMENDMENT. Section 402 of title IV of division U of the Consolidated Appropriations Act, 2021, is amended to read as follows: ``prohibition on use of a reverse auction for the award of a contract for complex, specialized, or substantial design and construction services ``Sec. 402. ``(a) Findings.--Congress makes the following findings: ``(1) In contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. ``(2) Reverse auctions, while providing value for the vast majority of Federal acquisitions, including certain construction-related acquisitions, are limited in value for complex, specialized, or substantial design and construction services. ``(b) Reverse Auction Defined.--In this section, the term `reverse auction' means, with respect to any procurement by an executive agency, a real-time auction generally conducted through an electronic medium among two or more offerors who compete by submitting bids for a supply or service contract, or a delivery order, task order, or purchase order under the contract, with the ability to submit revised lower bids at any time before the closing of the auction. ``(c) Prohibition.-- ``(1) In general.--Not later than 270 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for complex, specialized, or substantial design and construction services. ``(2) Applicability to acquisitions above the simplified acquisition threshold.--The prohibition on reverse auctions for complex, specialized, or substantial design and construction services shall apply only to acquisitions above the simplified acquisition threshold (SAT) for construction and design services pursuant to part 36 of the Federal Acquisition Regulation. ``(d) Rulemaking for Complex, Specialized, or Substantial Services.--Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulatory Council shall promulgate a definition of complex, specialized, or substantial design and construction services, which shall include-- ``(1) site planning and landscape design; ``(2) architectural and engineering services (as defined in section 1102 of title 40, United States Code); ``(3) interior design; ``(4) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; and ``(5) construction or substantial alteration of public buildings or public works. ``(e) Rule of Construction.--Nothing in this section shall be construed to restrict the use of reverse auctions for the procurement of other goods and services except as specifically provided for under this section. ``(f) Report.--Not later than two years after the date of the enactment of this section, the Administrator of General Services shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the effectiveness of this section in delivering complex, specialized, or substantial design and construction services to the United States Government.''. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 270 (Introduced in House) - Genetically Engineered Salmon Labeling Act	https://www.govinfo.gov/content/pkg/BILLS-117hr270ih/html/BILLS-117hr270ih.htm	DOC 117th CONGRESS 1st Session H. R. 270 To amend the market name of genetically altered salmon in the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Young (for himself, Mr. DeFazio, and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the market name of genetically altered salmon in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetically Engineered Salmon Labeling Act''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) ensure that consumers in the United States can make informed decisions when purchasing salmon; and (2) authorize an independent scientific review of-- (A) the possible effects of genetically engineered salmon on wild salmon stocks; and (B) the Food and Drug Administration's approval of genetically engineered salmon for human consumption. SEC. 3. MARKET NAME FOR GENETICALLY ENGINEERED SALMON. (a) In General.--Notwithstanding any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of any salmon that is genetically engineered shall include the words ``Genetically Engineered'' or ``GE'' prior to the existing acceptable market name. (b) Definition.--For purposes of this section, salmon is genetically engineered if it has been modified by recombinant DNA (rDNA) techniques, including the entire lineage of salmon that contain the rDNA modification. SEC. 4. THIRD-PARTY REVIEW OF CERTAIN SALMON APPROVAL. The Secretary of Health and Human Services shall ensure that an independent scientific organization conducts a review of the environmental assessment that was carried out by the Food and Drug Administration in support of an approval of a new animal drug application related to AquAdvantage Salmon, dated November 12, 2015. all
H.R. 271 (Introduced in House)- To amend the Federal Food, Drug, and Cosmetic Act to require labelingof genetically engineered fish.	https://www.govinfo.gov/content/pkg/BILLS-117hr271ih/html/BILLS-117hr271ih.htm	DOC 117th CONGRESS 1st Session H. R. 271 To amend the Federal Food, Drug, and Cosmetic Act to require labeling of genetically engineered fish. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Young (for himself, Mr. DeFazio, and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to require labeling of genetically engineered fish. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AMENDMENT TO THE FEDERAL FOOD, DRUG, AND COSMETIC ACT REGARDING GENETICALLY ENGINEERED SALMON. Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is further amended by adding at the end the following: ``(z) If it contains genetically engineered fish unless the food bears a label stating that the food contains genetically engineered fish.''. all
"H.R. 272 (Introduced in House)- To amend the National Marine Sanctuaries Act to prescribe an 
additional requirement for the designation of marine sanctuaries off thecoast of Alaska, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr272ih/html/BILLS-117hr272ih.htm	DOC 117th CONGRESS 1st Session H. R. 272 To amend the National Marine Sanctuaries Act to prescribe an additional requirement for the designation of marine sanctuaries off the coast of Alaska, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the National Marine Sanctuaries Act to prescribe an additional requirement for the designation of marine sanctuaries off the coast of Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITATION ON AUTHORITY TO DESIGNATE MARINE SANCTUARIES. Section 303 of the National Marine Sanctuaries Act (16 U.S.C. 1433) is amended-- (1) in subsection (a), by striking ``The Secretary may'' and inserting ``Subject to subsection (c), the Secretary may''; and (2) by adding at the end the following: ``(c) Limitation.--The Secretary may not designate as a national marine sanctuary any area of the marine environment off the coast of Alaska seaward of the high tide line unless an Act of Congress-- ``(1) requires the Secretary to make such a designation; and ``(2) prescribes the boundaries of the area to be given such designation by the Secretary.''. all
H.R. 273 (Introduced in House) - Prevention of Escapement of Genetically Altered Salmon in the United States Act	https://www.govinfo.gov/content/pkg/BILLS-117hr273ih/html/BILLS-117hr273ih.htm	DOC 117th CONGRESS 1st Session H. R. 273 To prevent the escapement of genetically altered salmon in the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Young (for himself and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To prevent the escapement of genetically altered salmon in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention of Escapement of Genetically Altered Salmon in the United States Act''. SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON. (a) Prohibition.--It shall be unlawful for a person-- (1) to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate or foreign commerce; (2) to have custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase a covered fish, or a product containing covered fish, in interstate commerce; (3) to engage in net-pen aquaculture of covered fish; (4) to release a covered fish into a natural environment; or (5) to have custody, control, or possession of a covered fish with the intent to release it into a natural environment. (b) Exception.--Subsection (a) shall not apply to a fish, fish part, or product-- (1) under confined use, or intended for confined use, for scientific research; (2) collected for the purpose of enforcing this Act; or (3) if the Under Secretary of Commerce for Oceans and Atmosphere, in consultation with the Director of the United States Fish and Wildlife Service and any other Federal, State, or tribal entity the Under Secretary considers appropriate, reviews any application requesting an action by a department or agency of the Federal Government to permit an act prohibited under subsection (a), including any environmental assessment prepared as part of that application, and-- (A) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) finds the application to be consistent with an environmental impact statement prepared by the Under Secretary in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) that includes-- (i) an environmental risk analysis that assesses the potential direct and indirect impacts from escapement of covered fish on wild and cultured fish stocks and environments that may be exposed to such covered fish; (ii) a failure mode and effects analysis that quantitatively assesses the best- and worst-case probabilities of failure of each applicable confinement technique; (iii) an assessment of the costs of control or eradication of escaped covered fish; and (iv) an assessment of the potential economic damage in terms of loss of production or sales to relevant wild and cultured fish stocks and environments from the escapement of covered fish. (c) Environmental Impact Considerations.-- (1) Notice.--Each agency, department, or other unit of the Federal Government shall promptly notify the Under Secretary of Commerce for Oceans and Atmosphere when an action involving covered fish, or a product containing covered fish is first identified by such unit. (2) Ensuring compliance.--The Under Secretary of Commerce for Oceans and Atmosphere, in cooperation with each Federal, State, or tribal entity that the Under Secretary considers appropriate, may monitor any mitigation measures proposed under subsection (b)(3) to ensure implementation and compliance therewith. (3) Provisions as complementary.--The provisions of this Act are in addition to, and shall not affect the operation of, other Federal, State, or local laws regulating a covered fish, or a product containing covered fish. (d) Rules and Regulations.--The Secretary shall prescribe such rules and regulations as the Secretary considers necessary to carry out the provisions of this Act. SEC. 3. ENFORCEMENT AND PENALTIES. (a) Enforcement.--The Secretary of Commerce may enforce section 2 in the same manner, by the same means, and with the same jurisdiction, powers, and duties provided under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861). (b) Penalties.--A person who violates section 2 shall be subject to the penalties, and entitled to the privileges and immunities, under sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861). SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS. Not later than 180 days after the date of enactment of this Act, the Under Secretary of Commerce for Oceans and Atmosphere shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives the report under section 1007 of the Food and Drug Administration Amendments Act of 2007 (21 U.S.C. 2106). SEC. 5. DEFINITIONS. In this Act: (1) Confined use.--The term ``confined use'' means any operation, undertaken within a secured, land-based facility, that involves a covered fish controlled by specific measures that effectively prevent the covered fish from having contact with and impact on the external environment, including biological and physical confinement measures. (2) Covered fish.--The term ``covered fish'' means any finfish, live or dead, including the gametes, fertilized eggs, offspring, and descendants thereof, that is modified or produced through the application of recombinant deoxyribonucleic acid (DNA) technologies, using DNA from an organism's own genome or that of another species, that overcome natural physiological reproductive barriers and that are not techniques used in traditional breeding and selection. (3) Finding of no significant impact.--The term ``finding of no significant impact'' has the meaning given the term in section 1508.13 of title 40, Code of Federal Regulations. (4) Product.--The term ``product'' means an item manufactured or produced for sale or use as food. all
H.R. 274 (Introduced in House) - Keep Finfish Free Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr274ih/html/BILLS-117hr274ih.htm	DOC 117th CONGRESS 1st Session H. R. 274 To prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Exclusive Economic Zone except in accordance with a law authorizing such action. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 11, 2021 Mr. Young (for himself, Mr. DeFazio, Mr. Casten, and Ms. Norton) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Exclusive Economic Zone except in accordance with a law authorizing such action. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Finfish Free Act of 2021''. SEC. 2. PROHIBITION ON AUTHORIZING FINFISH AQUACULTURE IN THE EEZ. Notwithstanding any other provision of law, neither the Secretary of the Interior nor the Secretary of Commerce may issue any permit or in any other way authorize any person to conduct commercial finfish aquaculture operations in the Exclusive Economic Zone of the United States (as established by Proclamation Numbered 5030, dated March 10, 1983), except in accordance with a law authorizing such action that is enacted after the date of the enactment of this Act. all
H.R. 275 (Introduced in House)- To establish the National Commission on the Domestic Terrorist AttackUpon the United States Capitol.	https://www.govinfo.gov/content/pkg/BILLS-117hr275ih/html/BILLS-117hr275ih.htm	DOC 117th CONGRESS 1st Session H. R. 275 To establish the National Commission on the Domestic Terrorist Attack Upon the United States Capitol. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 12, 2021 Mr. Rodney Davis of Illinois (for himself, Mr. Katko, Mr. Comer, Mr. Banks, and Mrs. Hinson) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To establish the National Commission on the Domestic Terrorist Attack Upon the United States Capitol. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the National Commission on the Domestic Terrorist Attack Upon the United States Capitol (hereafter referred to as the ``Commission''). SEC. 2. PURPOSES. Consistent with the functions described in section 4, the purposes of the Commission are to-- (1) examine and report upon the facts and causes relating to the domestic terrorist attack of January 6, 2021, which occurred at the United States Capitol Complex; (2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks; (3) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States preparedness for, and immediate response to, the attacks; and (4) investigate and report to the Chair and ranking minority member of the Committee on House Administration, the Chair and ranking minority member of the Committee on Rules and Administration of the Senate, the President, and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of domestic terrorism. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as Chair of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party, in consultation with the leader of the House of Representatives (majority or minority leader, as case may be) of the Republican Party, who shall serve as Vice-Chair of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government, except that not more than two of the members who are appointed by Members of Congress may be Members of Congress or other officers or employees of the Federal Government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, online dis-information and intelligence gathering. (4) Timing for appointment.--All members of the Commission shall be appointed on or after January 21, 2021, and on or before February 15, 2021. (5) Initial meeting.--The Commission shall meet and begin the initial operation of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (e) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 4. FUNCTIONS OF COMMISSION. The functions of the Commission are to-- (1) conduct an investigation of the relevant facts and circumstances relating to the attacks on the United States Capitol of January 6, 2021; (2) identify, review, and evaluate the causes of and the lessons learned from the attacks regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such kinds of attacks; (3) in consultation with the Chair and ranking minority member of the Committee on House Administration and the Chair and ranking minority member of the Committee on Rules and Administration of the Senate-- (A) make interim reports on an ongoing basis on the Commission's analysis of the security and safety of the Capitol Complex which are directed at the chairs and ranking minority members of such Committees and the President, as well as other activities of the Commission; and (B) submit such reports to the chairs and ranking minority members of such Committees, the President, and Congress; and (4) in addition to the reports described in paragraph (3), submit to the chairs and ranking minority members of such Committees, the President, and Congress such other reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing improvements in the organization, coordination, planning, management arrangements, procedures, rules, and regulations which are designed to prevent such kinds of attacks. SEC. 5. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chair and the Vice-Chair; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Commission, and may be served by any person designated by the Chair or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any department or agency of the Government information necessary to enable it to carry out this Act. Upon request of the Chair, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 6. STAFF OF COMMISSION. (a) Appointment; Compensation.-- (1) In general.--Except as provided in paragraph (2), the Chair, in consultation with the Vice-Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a Staff Director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Prohibiting compensation of federal employees.--Members of the Commission who are full-time officers or employees of the United States, including Members of Congress, may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (b) Coverage Under Congressional Accountability Act of 1995.--For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)-- (1) the Commission shall be considered an employing office; and (2) the personnel of the Commission shall be considered covered employees. (c) Experts and Consultants.--The Commission is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Staff of Federal Agencies.--The head of any Federal department or agency may detail, on a non-reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. SECURITY CLEARANCES FOR MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 8. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 9. (c) Conduct of Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 9. REPORTS; TERMINATION. (a) Interim Reports.--In addition to the reports required under section 4(3), the Commission may submit to the Chair and ranking minority member of the Committee on House Administration, the Chair and ranking minority member of the Committee on Rules and Administration of the Senate, the President, and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the Chair and ranking minority member of the Committee on House Administration, the Chair and ranking minority member of the Committee on Rules and Administration of the Senate, the President, and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability of Funds.--Amounts appropriated pursuant to the authorization under this section shall remain available until expended. all
H.R. 276 (Introduced in House) - Congressional Oversight of Unjust Policing Act	https://www.govinfo.gov/content/pkg/BILLS-117hr276ih/html/BILLS-117hr276ih.htm	DOC 117th CONGRESS 1st Session H. R. 276 To establish a national commission to investigate the seditious attack on the United States Capitol and Congress on January 6, 2021, address the systemic failures in the United States Capitol security and intelligence apparatus to accurately assess outside threats, and study and propose recommendations to realign the mission of the United States Capitol Police, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 12, 2021 Mr. Bowman (for himself, Mrs. Beatty, Mr. Blumenauer, Ms. Bush, Ms. Clarke of New York, Mr. Cooper, Mr. Danny K. Davis of Illinois, Mr. Espaillat, Mr. Garcia of Illinois, Mr. Horsford, Ms. Jacobs of California, Mr. Johnson of Georgia, Mr. Jones, Mr. Kahele, Ms. Lee of California, Ms. Meng, Ms. Newman, Ms. Ocasio-Cortez, Ms. Omar, Ms. Pressley, Mr. Rush, Mr. Torres of New York, Ms. Velazquez, Ms. Williams of Georgia, Ms. Schakowsky, Mr. Green of Texas, and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a national commission to investigate the seditious attack on the United States Capitol and Congress on January 6, 2021, address the systemic failures in the United States Capitol security and intelligence apparatus to accurately assess outside threats, and study and propose recommendations to realign the mission of the United States Capitol Police, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Oversight of Unjust Policing Act''. SEC. 2. FINDINGS. Congress finds the following: (1) On January 6, 2021, organized individuals violently attacked the United States Capitol while both chambers of Congress were in session, putting the lives of Members, Congressional staff, and support staff at risk. (2) Various media reports suggest that certain members of rank and file law enforcement officers aided and abetted individuals who breached security at the Capitol on January 6. (3) Various media reports indicate that neither the Federal Bureau of Investigation (FBI) nor the Department of Homeland Security (DHS) conducted a risk assessment of demonstration activities, nor issued a joint department bulletin as is customary for large and notable public events. (4) Officers Brian Sicknick and Howard Liebengood died after defending the Capitol Complex and protecting those serving and working there on January 6, 2021. (5) The United States Capitol Police provides limited information to the public about employee misconduct, and the Office of the Inspector General of the United States Capitol Police does not publicly disclose its reports, unlike the vast majority of other Inspectors General. (6) In recent decades, community organizers have formed social justice and criminal reform movements to call for substantive changes in response to various incidents across the country in which law enforcement has used excessive force against civilians, often resulting in the death of those who present or identify as Black or Brown. (7) In the Nation's Capital, and on the United States Capitol grounds, the disparate treatment of individuals is ever-present, as various Members of Congress and Congressional staff who come from communities of color have documented instances of refusal of entry and mistreatment by United States Capitol Police (USCP) officers. (8) Further, in 2013, agents from the United States Secret Service and United States Capitol Police shot Miriam Carey, an unarmed individual, more than 20 times while she was in her car with her infant, hitting Carey five times and killing her. (9) In 2018, United States Secret Service agents took Jessica Ford into custody without excessive force, even though she intentionally rammed a White House checkpoint with a gun in her hand. (10) In 2017, during debates about Public Law 115-97, United States Capitol Police officers forcibly dragged peaceful demonstrators from the disability community out of wheelchairs and other supportive medical devices. (11) In 2020, armed members of the District of Columbia National Guard were dispatched to stand guard on the steps of the Lincoln Memorial amidst peaceful protests. (12) In 2020, United States Park Police and National Guard troops forced people into unmarked vans and used tear gas and fired rubber bullets to disperse peaceful protestors for the President's planned visit to St. John's Episcopal Church. (13) In 2017, the FBI reported that white supremacists posed a ``persistent threat of lethal violence'' that has produced more fatalities than any other category of domestic terrorists since 2000. (14) In 2015, the FBI's Counterterrorism Policy Directive and Policy Guide warned that subjects of ``domestic terrorism investigations focused on militia extremists, white supremacist extremists, and sovereign citizen extremists often have identified active links to law enforcement officers''. (15) A 2006 intelligence assessment, based on FBI investigations and open sources warned of ``white supremacist infiltration of law enforcement . . . by organized groups and by self-initiated infiltration by law enforcement personnel sympathetic to white supremacist causes''. (16) Since 2000, hundreds of Federal, State, and local law enforcement officials have been caught expressing racist, nativist, and sexist views on social media. SEC. 3. ESTABLISHMENT OF U.S. COMMISSION ON UNJUST POLICING. (a) Establishment.--There is established a commission to be known as the ``U.S. Commission on Unjust Policing'' (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of 19 members appointed as follows: (A) 8 members shall be appointed by the leadership of Congress, of whom-- (i) 2 shall be appointed by the majority leader of the Senate; (ii) 2 by the minority leader of the Senate; (iii) 2 by the Speaker of the House of Representatives; and (iv) 2 by the minority leader of the House of Representatives. (B) 8 members shall be appointed by the Chairs of the following caucuses-- (i) 2 shall be appointed by the Congressional Black Caucus; (ii) 2 by the Congressional Hispanic Caucus; (iii) 2 by the Congressional Asian Pacific American Caucus; and (iv) 2 by the Congressional Progressive Caucus. (C) 3 members shall be appointed by the President, each of whom shall be individuals who are not officers or employees of the Federal Government and who are experts in at least one of the following categories: (i) Racial equity in law enforcement. (ii) Preventing white nationalist extremist violence. (iii) Large-scale reform of law enforcement agencies. (2) Qualifications.-- (A) Areas of expertise.--Each member of the Commission shall have knowledge or expertise, whether by education, experience, training, or activism, in at least one of the following areas: (i) Justice and civil rights. (ii) Law enforcement and intelligence oversight and reform. (iii) Diverse and inclusive personnel management. (iv) Social and emotional development. (v) Effective education and training methods to combat implicit and unconscious bias. (vi) Behavioral economics. (vii) Combating white supremacist, and other extremist groups, movements, and organizing efforts. (B) Special rule for members appointed by congressional leadership.--Each of the persons appointing members of the Commission under paragraph (1) shall ensure that one of the members so appointed is an individual who is not an officer or employee of the Federal Government. (C) Civilian representation.--Not fewer than 4 members of the Commission shall be individuals who are not officers of law enforcement agencies. (D) Diversity.--It is the intent of Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic, professional, and social backgrounds. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, representation of various fields of expertise to ensure maximum impact by the Commission. (B) Completion of appointments.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (A) and make their respective appointments not later than 60 days after the date of enactment of this Act. (C) Vacancies.--A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (4) Terms.--Each member of the Commission shall serve for a term of one year, and may be reappointed to additional terms. (5) Removal.--Subject to the approval of a majority of the members of the Commission, a member of the Commission may be removed for cause at any time by the person who appointed the member if the member fails to meet responsibilities of the commission. (c) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.-- (A) In general.--The Commission shall meet at the call of the Chair. (B) Frequency.--The Chair shall call a meeting of the members of the Commission not less frequently than once every 3 months. (3) Quorum.--Ten members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (4) Chair and vice chair.--The Commission shall select a Chair and Vice Chair from among its members. The Chair and Vice Chair shall serve in that position for a term of 1 year and may be reappointed for additional terms. (5) Transparency and public input.--Each meeting of the Commission for which a quorum is present shall be open to the public, either in person or remotely through digital technology, and the Commission shall establish procedures for members of the public to submit testimony at Commission meetings regarding the topics presented during such meetings. SEC. 4. DUTIES OF COMMISSION. (a) In General.--The duties of the Commission are as follows: (1) To carry out a comprehensive investigation into decisions of leadership at the United States Capitol Police, the Federal Bureau of Investigation, the United States Secret Service, and the Department of Homeland Security, leading up to and during the siege of the United States Capitol on January 6, 2021, including an assessment on whether conscious and unconscious bias was a factor in the gross miscalculation of the risk posed by protestors to Members of Congress and staff on that date. (2) To carry out a comprehensive investigation in coordination with the Federal Bureau of Investigation and other Federal entities as appropriate into whether current members of the United States Capitol Police have ties to white supremacist and other extremist groups, movements, and organizing efforts; and whether any members of the United States Capitol Police neglected their duty and colluded with protestors or other law enforcement entities. (3) To recommend specific measures and reforms to Congress and other stakeholders on how the United States Capitol Police must realign priorities and practice to address disparate use of force and surveillance targets in and around the Capitol Complex, including changes to existing law, changes to Federal programs, and suggestions for actions the private sector can take. (4) To recommend specific measures and reforms to Congress and other stakeholders to realign recruitment, hiring, and retention policies and practices of the United States Capitol Police to address both conscious and unconscious biases, including changes to existing law, changes to Federal programs, and suggestions for actions the private sector can take. (b) Consultation With Other Departments and Agencies.--In carrying out its duties, the Commission shall consult with officials of appropriate departments and agencies of the Federal Government, including each of the following: (1) The Federal Bureau of Investigation. (2) The United States Secret Service. (3) The Department of Homeland Security. (4) The Department of Justice. (c) Reports.-- (1) Ongoing reports.--Because it is the intent of Congress that the Commission expeditiously and carefully identify and rectify inequities in how law enforcement at the Capitol Complex surveils and protects members of the Congressional community, not later than 9 months after the date of the enactment of this Act, the Commission shall submit to Congress and the President an initial report on the issues described in subsection (a) and related issues. (2) Annual report.--In the year following its first meeting and annually thereafter, the commission shall provide to Congress and the public a report on the status of its work. (3) Internet availability.--All reports of the Commission shall be available to the public via a publicly accessible Federal website that is prominently marketed and shared by the Commission. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out its duties under this Act. (b) Powers of Members and Agents.--If authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission shall secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon the request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission as expeditiously as practicable. (2) Treatment of classified information.--In the case of information sought by the Commission under paragraph (1) that is classified, the Federal department or agency involved shall provide the Commission with an unclassified summary of the information, except that any Member of the Commission who has received an appropriate security clearance that is commensurate with the sensitivity of the classified information involved may receive such classified information. (d) Administrative Support Services.--Upon the request of the Commission, the Administrator of the General Services Administration shall provide to the Commission, on a reimbursable basis, administrative support services necessary for the Commission to carry out its responsibilities under this Act. (e) Contract Authority.-- (1) In general.--Except as provided in paragraph (2), the Commission is authorized-- (A) to procure supplies, services, and property; and (B) to make or enter into contracts, leases, or other legal agreements. (2) Limitation.--The Commission may not enter into any contract, lease, or other legal agreement that extends beyond the date of the termination of the Commission under section 7(a). (f) Postal Services.--The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government. (g) Gifts, Bequests, and Devises.--The Commission is authorized to solicit, accept, use, and dispose of gifts, bequests, or devises of money, services, or property, both real and personal, for the purpose of covering the costs incurred by the Commission to carry out its duties under this Act. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall serve without compensation for their service, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (b) Staff.-- (1) In general.--The Chair of the Commission shall, in consultation with the members Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. (2) Compensation.--The Chair of the Commission may appoint the executive director and other personnel without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may fix their pay without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the annual rate of pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (3) Application of congressional accountability act of 1995.--For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)-- (A) the Commission shall be considered an employing office; and (B) the employees of the Commission shall be considered covered employees. (c) Detail of Government Employees.--Upon request of the Commission, the head of any Federal department or agency may detail, on a reimbursable basis, any employee of that department or agency to the Commission to assist it in carrying out its duties under this Act. (d) Acceptance of Voluntary Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission deems necessary. SEC. 7. TERMINATION OF COMMISSION. (a) In General.--The Commission shall terminate on the earlier of-- (1) the date that is 2 calendar years after the initial meeting of the Commission; or (2) upon completion and presentation of all reports to Congress from the Commission. (b) Application of Federal Advisory Committee Act.-- (1) In general.--Except as provided in paragraph (2), the provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the activities of the Commission under this Act. (2) Exception.--Section 14(a)(2) of such Act (5 U.S.C. App.) shall not apply to the Commission. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act such sums as may be necessary for each of the first 2 fiscal years which begin after the date of the enactment of this Act. (b) Amounts Available.--Amounts appropriated in accordance with this section for any fiscal year shall remain available until the termination of the Commission. all
H.R. 27 (Engrossed in House) - Settlement Agreement Information Database Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr27eh/html/BILLS-117hr27eh.htm	DOC 117th CONGRESS 1st Session H. R. 27 _______________________________________________________________________ AN ACT To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Agreement Information Database Act of 2021''. SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given that term in section 6501 of title 31. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(3) Settlement agreement.--The term `settlement agreement' means a settlement agreement (including a consent decree) that-- ``(A) is entered into by an Executive agency; and ``(B) relates to an alleged violation of Federal civil or criminal law. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(b) Settlement Agreement Information Database.-- ``(1) Executive agency requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): ``(i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement-- ``(I) the order type of the settlement agreement; ``(II) the date on which the parties entered into the settlement agreement; ``(III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; ``(IV) the amount of attorneys' fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; ``(V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; ``(VI) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; ``(VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; ``(IX) the projected duration of the settlement agreement, if available; ``(X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; ``(XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; ``(XII) any modifications to the settlement agreement, when applicable; ``(XIII) notice and comments, when applicable; and ``(XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(C) Clarification of responsible agency.--In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following new item: ``307. Information regarding settlement agreements.''. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. SEC. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a)(2) of title 5, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) each settlement agreement (as defined in section 307) entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 5. EFFECTIVE DATE; APPLICABILITY. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 27 _______________________________________________________________________ AN ACT To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes.
H.R. 27 (Introduced in House) - Settlement Agreement Information Database Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr27ih/html/BILLS-117hr27ih.htm	DOC 117th CONGRESS 1st Session H. R. 27 To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Palmer (for himself, Mr. Taylor, Mr. Cooper, and Mr. Connolly) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Agreement Information Database Act of 2021''. SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given that term in section 6501 of title 31. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(3) Settlement agreement.--The term `settlement agreement' means a settlement agreement (including a consent decree) that-- ``(A) is entered into by an Executive agency; and ``(B) relates to an alleged violation of Federal civil or criminal law. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(b) Settlement Agreement Information Database.-- ``(1) Executive agency requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): ``(i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement-- ``(I) the order type of the settlement agreement; ``(II) the date on which the parties entered into the settlement agreement; ``(III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; ``(IV) the amount of attorneys' fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; ``(V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; ``(VI) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; ``(VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; ``(IX) the projected duration of the settlement agreement, if available; ``(X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; ``(XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; ``(XII) any modifications to the settlement agreement, when applicable; ``(XIII) notice and comments, when applicable; and ``(XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(C) Clarification of responsible agency.--In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following new item: ``307. Information regarding settlement agreements.''. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. SEC. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a)(2) of title 5, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) each settlement agreement (as defined in section 307) entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 5. EFFECTIVE DATE; APPLICABILITY. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 27 (Referred in Senate) - Settlement Agreement Information Database Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr27rfs/html/BILLS-117hr27rfs.htm	DOC 117th CONGRESS 1st Session H. R. 27 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 6, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend chapter 3 of title 5, United States Code, to require the publication of settlement agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Settlement Agreement Information Database Act of 2021''. SEC. 2. INFORMATION REGARDING SETTLEMENT AGREEMENTS ENTERED INTO BY FEDERAL AGENCIES. (a) Requirements for Settlement Agreements.--Chapter 3 of title 5, United States Code, is amended by adding at the end the following new section: ``Sec. 307. Information regarding settlement agreements ``(a) Definitions.--In this section: ``(1) Local government.--The term `local government' has the meaning given that term in section 6501 of title 31. ``(2) Order type.--The term `order type' means the type of action or instrument used to settle a civil or criminal judicial action. ``(3) Settlement agreement.--The term `settlement agreement' means a settlement agreement (including a consent decree) that-- ``(A) is entered into by an Executive agency; and ``(B) relates to an alleged violation of Federal civil or criminal law. ``(4) State.--The term `State' means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian Tribe. ``(b) Settlement Agreement Information Database.-- ``(1) Executive agency requirement.-- ``(A) In general.--Subject to subparagraph (B), the head of each Executive agency shall, in accordance with guidance issued pursuant to paragraph (2), submit the following information to the database established under paragraph (3): ``(i) A list of each settlement agreement, in a categorized and searchable format, entered into by the Executive agency, as a party to a lawsuit, which shall include, for each settlement agreement-- ``(I) the order type of the settlement agreement; ``(II) the date on which the parties entered into the settlement agreement; ``(III) a list of specific violations that specify the basis for the action taken, with a description of the claims each party settled under the settlement agreement; ``(IV) the amount of attorneys' fees and other litigation costs awarded, if any, including a description of the statutory basis for such an award; ``(V) the amount each party settling a claim under the settlement agreement is obligated to pay under the settlement agreement; ``(VI) the total amount the settling parties are obligated to pay under the settlement agreement; ``(VII) the amount, if any, the settling party is obligated to pay that is expressly specified under the settlement agreement as a civil or criminal penalty or fine; ``(VIII) any payment made under the settlement agreement, including a description of any payment made to the Federal Government; ``(IX) the projected duration of the settlement agreement, if available; ``(X) a list of State or local governments that may be directly affected by the terms of the settlement agreement; ``(XI) a brief description of any economic data and methodology used to justify the terms of the settlement agreement; ``(XII) any modifications to the settlement agreement, when applicable; ``(XIII) notice and comments, when applicable; and ``(XIV) whether the settlement agreement is still under judicial enforcement and any period of time by which the parties agreed to have certain conditions met. ``(ii) A copy of each-- ``(I) settlement agreement entered into by the Executive agency; and ``(II) statement issued under paragraph (4). ``(B) Nondisclosure.--The requirement to submit information or a copy of a settlement agreement under subparagraph (A) shall not apply to the extent the information or copy (or portion thereof)-- ``(i) is subject to a confidentiality provision that prohibits disclosure of the information or copy (or portion thereof); and ``(ii) would not be disclosed under section 552, if the Executive agency provides a citation to the applicable exemption. ``(C) Clarification of responsible agency.--In a case in which an Executive agency is acting at the request or on behalf of another Executive agency (referred to as the originating agency), the originating agency is responsible for submitting information under subparagraph (A). ``(2) Guidance.--The Director of the Office of Management and Budget shall issue guidance for Executive agencies to implement paragraph (1). Such guidance shall include the following: ``(A) Specific dates by which submissions must be made, not less than twice a year. ``(B) Data standards, including common data elements and a common, nonproprietary, searchable, machine-readable, platform independent format. ``(C) A requirement that the information and documents required under paragraph (1) are publicly available for a period starting on the date of the settlement through not less than 5 years after the termination of the settlement agreement. ``(3) Establishment of database.--The Director of the Office of Management and Budget, or the head of an Executive agency designated by the Director, shall establish and maintain a public, searchable, downloadable database for Executive agencies to directly upload and submit the information and documents required under paragraph (1) for immediate publication online. ``(4) Statement of confidentiality.--If the head of an Executive agency determines that a confidentiality provision in a settlement agreement, or the sealing of a settlement agreement, is required to protect the public interest of the United States, the head of the Executive agency may except the settlement agreement from the requirement in paragraph (1) and shall issue a written public statement stating why such action is required to protect the public interest of the United States, which shall explain-- ``(A) what interests confidentiality protects; and ``(B) why the interests protected by confidentiality outweigh the public's interest in knowing about the conduct of the Federal Government and the expenditure of Federal resources.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 3 of title 5, United States Code, is amended by adding at the end the following new item: ``307. Information regarding settlement agreements.''. (c) Deadline To Establish Database.--Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance required by section 307(b)(2) of title 5, United States Code, as added by subsection (a), and establish the settlement agreement information database required by section 307(b)(3) of title 5, United States Code, as added by subsection (a). (d) Deadline for First Submission.--Not later than 90 days after the Director issues guidance under section 307(b)(2) of title 5, United States Code, as added by subsection (a), the head of each Executive agency (as defined in section 105 of title 5, United States Code) shall begin submitting information to the database established under such section 307. SEC. 3. AMENDMENTS TO THE FREEDOM OF INFORMATION ACT. Section 552(a)(2) of title 5, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (E) as subparagraphs (C) through (F), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: ``(B) each settlement agreement (as defined in section 307) entered into by an Executive agency, with redactions for information that the agency may withhold under paragraph (8) and subsections (b) and (c) of this section;''. SEC. 4. RULE OF CONSTRUCTION. Nothing in this Act, or the amendments made by this Act, shall be construed to require the disclosure of information or records that any agency may properly withhold from public disclosure under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). SEC. 5. EFFECTIVE DATE; APPLICABILITY. This Act shall be effective 180 days after the date of the enactment of this Act and shall apply-- (1) with respect to any settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2), entered into on or after the date of the enactment of this Act; and (2) to the extent practicable, any such settlement agreement (as such term is defined in section 307 of title 5, United States Code, as added by section 2) that remains in effect on or after the date of the enactment of this Act. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives January 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 28 (Introduced in House) - Protecting Life in Crisis Act	https://www.govinfo.gov/content/pkg/BILLS-117hr28ih/html/BILLS-117hr28ih.htm	DOC 117th CONGRESS 1st Session H. R. 28 To prohibit the expenditure for an abortion of Federal funds authorized or appropriated for preventing, preparing for, or responding to the COVID-19 pandemic, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Babin (for himself, Mr. Aderholt, Mr. Allen, Mr. Baird, Mr. Bergman, Mr. Bishop of North Carolina, Mr. Bost, Mr. Budd, Mr. Calvert, Mr. Cline, Mr. Curtis, Mr. Duncan, Mr. Dunn, Mr. Fulcher, Mr. Gaetz, Mr. Gallagher, Mr. Garcia of California, Mr. Gonzalez of Ohio, Mr. Gosar, Mr. Graves of Louisiana, Mr. Griffith, Mr. Guest, Mr. Hern, Mr. Hill, Mr. Hudson, Mr. Huizenga, Mr. Johnson of Ohio, Mr. Kelly of Pennsylvania, Mr. Kustoff, Mr. Lamborn, Mr. Long, Mr. McClintock, Mr. McKinley, Mr. Meijer, Mr. Mooney, Mr. Norman, Mr. Austin Scott of Georgia, Ms. Stefanik, Mr. Taylor, Mr. Timmons, Mrs. Walorski, Mr. Weber of Texas, Mr. Westerman, Mr. Williams of Texas, and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit the expenditure for an abortion of Federal funds authorized or appropriated for preventing, preparing for, or responding to the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Life in Crisis Act''. SEC. 2. PROHIBITING THE EXPENDITURE OF COVID-19 FUNDING FOR ANY ABORTION. (a) Prohibitions.-- (1) In general.--No funds authorized or appropriated by Federal law for the purpose of preventing, preparing for, or responding to the COVID-19 pandemic, domestically or internationally, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law for such purpose, shall be expended for any abortion. (2) Specified health benefits coverage.--None of the funds authorized or appropriated by Federal law for the purpose described in subsection (a), and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law for such purpose, shall be expended for, nor shall any credit for such purpose be allowed under the internal revenue laws with respect to, coverage under a qualified health plan offered through an Exchange established pursuant to title I of the Patient Protection and Affordable Care Act, COBRA continuation coverage, or any other coverage, if such coverage includes coverage of abortion. (3) Definition.--In this section, the term ``COBRA continuation coverage'' means continuation coverage provided pursuant to part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) (other than under section 609 of such Act), title XXII of the Public Health Service Act (42 U.S.C. 300bb-1 et seq.), section 4980B of the Internal Revenue Code of 1986 (other than subsection (f)(1) of such section insofar as it relates to pediatric vaccines), or section 8905a of title 5, United States Code, or under a State program that provides comparable continuation coverage. Such term does not include coverage under a health flexible spending arrangement under a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986. (b) Treatment of Abortions Related to Rape, Incest, or Preserving the Life of the Mother.--The limitations established in subsection (a) shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed. (c) Rule of Construction.--Nothing in this Act may be construed to require a plan or coverage described in subsection (a) to provide coverage of any abortion. all
H.R. 29 (Introduced in House) - Defund National Endowment for the Humanities Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr29ih/html/BILLS-117hr29ih.htm	DOC 117th CONGRESS 1st Session H. R. 29 To provide that none of the funds made available to the National Endowment for the Humanities for any fiscal year may be used to carry out section 7 of the National Foundation on the Arts and the Humanities Act of 1965. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To provide that none of the funds made available to the National Endowment for the Humanities for any fiscal year may be used to carry out section 7 of the National Foundation on the Arts and the Humanities Act of 1965. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defund National Endowment for the Humanities Act of 2021''. SEC. 2. LIMITATION. None of the funds made available to the National Endowment for the Humanities for any fiscal year may be used to carry out section 7 of the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C. 956). SEC. 3. EFFECTIVE DATE. This Act shall take effect on the 1st day of the 1st fiscal year that begins after the date of the enactment of this Act. all
H.R. 300 (Introduced in House) - Noncontiguous Shipping Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr300ih/html/BILLS-117hr300ih.htm	DOC 117th CONGRESS 1st Session H. R. 300 To amend title 46, United States Code, to allow transportation of merchandise in noncontiguous trade on foreign-flag vessels, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Case introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 46, United States Code, to allow transportation of merchandise in noncontiguous trade on foreign-flag vessels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Noncontiguous Shipping Relief Act of 2021''. SEC. 2. TRANSPORTATION OF CERTAIN MERCHANDISE. (a) In General.--Section 55102 of title 46, United States Code, is amended by redesignating subsection (c) as subsection (d) and by inserting after subsection (b) the following: ``(c) Noncontiguous Trade Exemption.-- ``(1) In general.--Subsection (b) shall not apply with respect to transportation in noncontiguous trade of merchandise on a foreign qualified freight vessel for which the Secretary of Transportation has issued a certificate of documentation under chapter 121. ``(2) Definitions.--In this subsection: ``(A) Foreign qualified freight vessel.--The term `foreign qualified freight vessel' means a freight vessel (as that term is defined in section 2101) of not less than 1,000 gross tons that-- ``(i) was not built in the United States (or if rebuilt, not rebuilt in the United States); ``(ii) is registered in a foreign country; and ``(iii) employs United States citizens to the extent required of vessels registered under section 12102. ``(B) Noncontiguous trade.--The term `noncontiguous trade' has the meaning given such term in section 53501.''. (b) Coastwise Endorsements.--Section 12112(a)(2)(B) of title 46, United States Code, is amended-- (1) in clause (ii), by striking ``or''; (2) in clause (iii), by striking ``and'' and inserting ``or''; and (3) by adding at the end the following: ``(iv) is a foreign qualified freight vessel (as defined in section 55102(c)) used for transportation referred to in section 55102(c) for which the Secretary of Transportation has issued a certificate of documentation; and''. (c) Foreign Transfer.--Section 56101(a)(2) of title 46, United States Code, is amended-- (1) by striking ``Paragraph (1)(A)'' and inserting: ``(A) Fishing vessel.--Paragraph (1)(A)''; and (2) by adding at the end the following: ``(B) Foreign qualified freight vessel.--Paragraph (1) does not apply with respect to a foreign qualified freight vessel for which the Secretary has issued a certificate of documentation after the date of enactment of the Noncontiguous Shipping Relief Act of 2021 and that is used solely for transportation referred to in section 55102(c). ``(C) Foreign registry.--A foreign qualified freight vessel may be placed under foreign registry without the approval of the Secretary at any time after such vessel is issued a certificate of documentation. At such time as such vessel is placed under foreign registry, the Secretary shall revoke the certificate of documentation issued by the Secretary.''. SEC. 3. CITIZENSHIP AND TRANSFER PROVISIONS. (a) Citizenship of Corporations, Partnerships, and Associations.-- Section 50501 of title 46, United States Code, is amended by adding at the end the following: ``(e) Exceptions.--Subsection (c) and paragraphs (2) and (3) of subsection (b) shall not apply to a foreign qualified freight vessel (as such term is defined in section 55102(c)) used for transportation referred to in section 55102(c)(2)(B).''. (b) Approval of Transfer of Registry or Operation Under Authority of a Foreign Country or for Scrapping in a Foreign Country; Penalties.--Section 56101 of title 46, United States Code, is amended by adding at the end the following: ``(f) Transfer of Foreign Qualified Freight Vessels.--To promote the transfer of foreign qualified freight vessels to be documented under chapter 121 of this title for use for transportation referred to in section 55102(c)(2)(B) of this title, the Secretary may grant approval under subsection (a) with respect to such a vessel before the date the vessel is documented. ``(g) Foreign Qualified Freight Vessel Defined.--In this section, the term `foreign qualified freight vessel' has the meaning given such term in section 55102(c) of this title.''. SEC. 4. LABOR PROVISIONS. (a) Liability for Injury or Death of Master or Crew Member.-- Section 30104 of title 46, United States Code, is amended by adding at the end the following: ``In an action brought under this section against a defendant employer that does not reside or maintain an office in the United States (including any territory or possession of the United States) and that engages in any enterprise that makes use of one or more ports in the United States (as defined in section 2101 of this title) jurisdiction shall be under the district court most proximate to the place of the occurrence of the personal injury or death that is the subject of the action.''. (b) Election to Under Participate Longshore and Harbor Workers' Compensation Act.--Section 30104 of title 46, United States Code, as amended by subsection (a), is amended-- (1) by striking ``A seaman'' and inserting ``(a) In General.--A seaman''; and (2) by adding at the end the following: ``(b) Participation in an Authorized Compensation Plan.--The employer of a master or member of the crew of a vessel may participate in an authorized compensation plan under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.). An employer that participates in such a plan is subject to such Act. If an employer participates in an authorized compensation plan under such Act-- ``(1) a master or crew member employed by such employer shall be considered to be an employee for the purposes of such Act; and ``(2) the liability of that employer under such Act to the master or crew member, or to any person otherwise entitled to recover damages from the employer based on the injury, disability, or death of the master or crew member, shall be exclusive and in lieu of all other liability.''. (c) Minimum Requirements.--All vessels, whether documented in the United States or not, operating in the coastwise trade of the United States shall be subject to minimum international labor standards for seafarers under international agreements in force for the United States, as determined by the Secretary of Transportation on the advice of the Secretaries of Labor and Defense. SEC. 5. REGULATIONS REGARDING VESSELS. (a) Applicable Minimum Requirements.--Except as provided in subsection (b), the minimum requirements for vessels engaging in the transportation of cargo or merchandise in the United States coastwise trade shall be the recognized international standards in force for the United States (as determined by the Secretary of the department in which the Coast Guard is operating, in consultation with any other official of the Federal Government that the Secretary determines to be appropriate). (b) Consistency in Application of Standards.--In any case in which any minimum requirement for vessels referred to in subsection (a) establishes a lower standard than a minimum that is applicable to vessels that are documented in a foreign country and that are admitted to engage in the transportation of cargo and merchandise in the United States coastwise trade, the standard applicable to such vessels that are documented in a foreign country shall be the standard to be applied to United States documented vessels. SEC. 6. ENVIRONMENTAL STANDARDS. All vessels, whether documented under the laws of the United States or not, engaging in the United States coastwise trade shall comply with all applicable United States and international environmental standards in force for the United States. SEC. 7. REQUIREMENTS FOR CERTAIN NONCITIZENS IRREGULARLY ENGAGING IN DOMESTIC COASTWISE TRADE. (a) In General.--Each person or entity that is not a citizen of the United States, as defined in section 104 of title 46, United States Code, that owns or operates vessels that irregularly engage in the United States domestic coastwise trade shall-- (1) name an agent upon whom process may be served; (2) abide by all applicable laws of the United States, including applicable environmental and tax laws; and (3) post evidence of documentation and endorsements aboard such vessel indicating the owner or owners of such vessel, including any person controlling vessels and the number of port calls and coastwise trips made during that calendar year. (b) Persons Treated as Single Employer.--For purposes of paragraph (3) of subsection (a), all persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986 shall be treated as 1 person. all
"H.R. 301 (Introduced in House)- To amend title 36, United States Code, to establish the composition 
known as Lift Every Voice and Sing as the national hymn of the United 
States."	https://www.govinfo.gov/content/pkg/BILLS-117hr301ih/html/BILLS-117hr301ih.htm	DOC 117th CONGRESS 1st Session H. R. 301 To amend title 36, United States Code, to establish the composition known as ``Lift Every Voice and Sing'' as the national hymn of the United States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Clyburn (for himself, Mr. Lawson of Florida, Mr. Aguilar, Ms. Wilson of Florida, Mr. Butterfield, Ms. Bass, Mr. Thompson of Mississippi, Mr. Torres of New York, Mr. McGovern, Mr. Horsford, Mr. Rush, Ms. Jacobs of California, Ms. Tlaib, Mrs. Luria, Ms. Johnson of Texas, Mr. Danny K. Davis of Illinois, Mr. Veasey, Mr. Suozzi, Mr. Evans, Ms. Lee of California, Mr. Stanton, Ms. Stevens, Mr. Lieu, Mr. Khanna, Ms. Clarke of New York, Mr. Carson, Ms. Wasserman Schultz, Ms. Davids of Kansas, Mr. Kilmer, Mr. Cohen, Ms. Ross, Mr. Pascrell, Mr. Soto, Mr. Norcross, Ms. Norton, Ms. Sewell, Mr. Bishop of Georgia, Ms. Jackson Lee, Ms. Meng, and Ms. Slotkin) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 36, United States Code, to establish the composition known as ``Lift Every Voice and Sing'' as the national hymn of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) ``Lift Every Voice and Sing'' is a beloved hymn that is currently produced and distributed by approximately 40 religious publishing houses throughout the United States. (2) ``Lift Every Voice and Sing'' is regularly sung at various religious services and choir performances at community and cultural events to commemorate the struggles that have accompanied our Nation's ``pursuit of a more perfect Union''. (3) James Weldon Johnson wrote the poem ``Lift Every Voice and Sing'' in 1899 to celebrate the anniversary of President Abraham Lincoln's birthday, and his brother, John Rosamond Johnson, set the poem to music. (4) ``Lift Every Voice and Sing'' was first performed on February 12, 1900, by a choir of 500 school children from the Stanton School in the Johnsons' hometown of Jacksonville, Florida, where James Weldon Johnson served as the principal. (5) In 1905, Booker T. Washington's recognition of ``Lift Every Voice and Sing'' helped to make it a very popular song in Black communities throughout the United States. (6) In 1906, President Theodore Roosevelt named James Weldon Johnson to diplomatic positions in Venezuela and Nicaragua, and when he returned to the United States, he became affiliated with the NAACP. (7) In the 1920s, the NAACP chose ``Lift Every Voice and Sing'' as its official song and it was dubbed the ``Black National anthem''. (8) In 1934, James Weldon Johnson, a graduate of Clark Atlanta University, became the first African-American professor at New York University, and later served in a similar capacity at Fisk University in Nashville, Tennessee. (9) The lyrics of ``Lift Every Voice and Sing'' inspired the 16 foot sculpture, ``The Harp'' created by the renowned artist Augusta Savage and commissioned by the 1939 New York World's Fair. (10) ``Lift Every Voice and Sing'' is sung at gatherings of the Faith and Politics Institute, whose bipartisan programs and pilgrimages include participation by Members of Congress, and was co-chaired for many years by the late Congressmen, Democrat John Lewis and Republican Amo Houghton, both of whom transitioned in 2020. SEC. 2. NATIONAL HYMN. (a) In General.--Chapter 3 of title 36, United States Code, is amended by adding at the end the following: ``Sec. 306. National hymn ``The composition consisting of the words and music known as `Lift Every Voice and Sing' is designated as the national hymn of the United States.''. (b) Clerical Amendment.--The table of sections for chapter 3 of title 36, United States Code, is amended by adding at the end the following: ``306. National hymn.''. all
H.R. 302 (Introduced in House) - Preventing a Patronage System Act	https://www.govinfo.gov/content/pkg/BILLS-117hr302ih/html/BILLS-117hr302ih.htm	DOC 117th CONGRESS 1st Session H. R. 302 To impose limits on excepting competitive service positions from the competitive service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Connolly (for himself and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To impose limits on excepting competitive service positions from the competitive service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing a Patronage System Act'' or the ``PPSA Act''. SEC. 2. LIMITATIONS ON EXCEPTION OF COMPETITIVE SERVICE POSITIONS. (a) In General.--No position in the competitive service (as defined under section 2102 of title 5, United States Code) may be excepted from the competitive service unless such position is placed-- (1) in any of the schedules A through E as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of such title as in effect on such date. (b) Subsequent Transfers.--No position in the excepted service (as defined under section 2103 of title 5, United States Code) may be placed in any schedule other than a schedule described in subsection (a)(1). all
H.R. 303 (Introduced in House) - Retired Pay Restoration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr303ih/html/BILLS-117hr303ih.htm	DOC 117th CONGRESS 1st Session H. R. 303 To amend title 10, United States Code, to permit additional retired members of the Armed Forces who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or combat-related special compensation. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 10, United States Code, to permit additional retired members of the Armed Forces who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or combat-related special compensation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retired Pay Restoration Act''. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) For more than 100 years before 1999, all disabled military retirees were required to fund their own veterans' disability compensation by forfeiting one dollar of earned retired pay for each dollar received in veterans' disability compensation. (2) Since 1999, Congress has enacted legislation to progressively expand eligibility criteria for relief of the retired pay disability offset and reduce the burden of financial sacrifice on disabled military retirees. (3) Absent adequate funding to eliminate the sacrifice for all disabled retirees, Congress has given initial priority to easing financial inequities for the most severely disabled and for combat-disabled retirees. (4) In the interest of maximizing eligibility within cost constraints, Congress effectively has authorized full concurrent receipt for all qualifying retirees with 100-percent disability ratings and all qualifying retirees with combat- related disability ratings, while phasing out the disability offset to retired pay over 10 years for retired members with noncombat-related, service-connected disability ratings of 50 percent to 90 percent. (5) In pursuing these good-faith efforts, Congress acknowledges the regrettable necessity of creating new thresholds of eligibility that understandably are disappointing to disabled retirees who fall short of meeting those new thresholds. (6) Congress is not content with the status quo. (b) Sense of Congress.--It is the sense of Congress that military retired pay earned by service and sacrifice in defending the United States should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for service- connected disability. SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Section 1414(a) of title 10, United States Code, is amended-- (1) by striking ``Compensation'' in the subsection heading and all that follows through ``Subject'' and inserting ``Compensation.--Subject''; and (2) by striking paragraph (2). (b) Amendments To Reflect Conclusion of Phase-In of Concurrent Receipt of Retired Pay and Veterans' Disability Compensation.--Section 1414 of title 10, United States Code, is further amended-- (1) in subsection (a), as amended by subsection (a) of this section, by striking the final sentence; (2) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d), as so redesignated, by striking paragraphs (3) and (4). (c) Specification of Qualified Retirees for Concurrent Receipt Purposes.--Section 1414 of title 10, United States Code, is further amended-- (1) in subsection (a), as amended by subsections (a) and (b)-- (A) by striking ``a member or'' and all that follows through ``is entitled'' and inserting ``an individual who is a qualified retiree for any month is entitled''; and (B) by inserting ``retired pay and veterans' disability compensation'' after ``both''; (2) in subsection (b)-- (A) by striking ``Special Rules'' in the subsection heading and all that follows through ``is subject to'' and inserting ``Special Rules for Chapter 61 Disability Retirees.--In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to''; and (B) by striking paragraph (2); and (3) in subsection (d), as redesignated and amended by subsection (b), by adding at the end the following new paragraph: ``(3) Qualified retiree.--The term `qualified retiree' means a member or former member of the uniformed services who, with respect to any month-- ``(A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and ``(B) is entitled to veterans' disability compensation.''. (d) Clerical Amendments.-- (1) Section heading.--The heading of section 1414 of title 10, United States Code, is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: Concurrent payment of retired pay and disability compensation''. (2) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 71 of title 10, United States Code, is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: Concurrent payment of retired pay and disability compensation.''. (e) Conforming Amendment.--Section 1413a(f) of title 10, United States Code, is amended by striking ``Subsection (d)'' and inserting ``Subsection (c)''. (f) Effective Date.--The amendments made by this section shall take effect as of January 1, 2021, and shall apply to payments for months beginning on or after that date. all
H.R. 304 (Introduced in House) - Equal COLA Act	https://www.govinfo.gov/content/pkg/BILLS-117hr304ih/html/BILLS-117hr304ih.htm	DOC 117th CONGRESS 1st Session H. R. 304 To amend title 5, United States Code, to achieve parity between the cost-of-living adjustment with respect to an annuity under the Federal Employees Retirement System and an annuity under the Civil Service Retirement System, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To amend title 5, United States Code, to achieve parity between the cost-of-living adjustment with respect to an annuity under the Federal Employees Retirement System and an annuity under the Civil Service Retirement System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal COLA Act''. SEC. 2. INCREASE IN COLA FOR FERS ANNUITIES. (a) In General.--Paragraph (1) of subsection (b) of section 8462 of title 5, United States Code, is amended to read as follows: ``(1) Except as provided in subsection (c), effective December 1 of each year, each annuity payable from the Fund having a commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the preceding year in which an adjustment under this subsection was made, adjusted to the nearest \1/10\ of 1 percent.''. (b) Application.--The amendment made by subsection (a) shall apply to-- (1) any cost-of-living adjustment under section 8462 of title 5, United States Code, made after the date of the enactment of this Act; and (2) any annuity covered by such section commencing before, on, or after such date. all
H.R. 305 (Introduced in House) - Officer Eugene Goodman Congressional Gold Medal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr305ih/html/BILLS-117hr305ih.htm	DOC 117th CONGRESS 1st Session H. R. 305 To award a Congressional Gold Medal to Officer Eugene Goodman. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Crist (for himself, Mr. Cleaver, and Ms. Mace) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To award a Congressional Gold Medal to Officer Eugene Goodman. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Eugene Goodman Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) On January 6, 2021, the United States Capitol Building was attacked by armed insurrectionists. (2) Members of the United States Capitol Police force were quickly overrun, enabling insurrectionists to breach the Capitol at multiple points. (3) Around 2:14 in the afternoon, United States Capitol Police Officer Eugene Goodman confronted an angry group of insurrectionists who unlawfully entered the Capitol, according to video footage taken by Igor Bobic, a reporter with the Huffington Post. (4) Officer Goodman, alone, delayed the mob's advance towards the United States Senate Chamber and announced the location of the incursion. (5) Upon reaching a second floor corridor, Officer Goodman noticed the entrance to the Senate Chamber was unguarded. (6) As the mob approached, Officer Goodman intentionally diverted attention away from the Senate entrance and led the mob to an alternate location and additional awaiting officers. (7) At 2:15 in the afternoon, a Washington Post reporter from inside the Senate Chamber noted ``Senate sealed'' with Senators, staff, and members of the press inside. (8) Officer Eugene Goodman's selfless and quick-thinking actions doubtlessly saved lives and bought security personnel precious time to secure and ultimately evacuate the Senate before the armed mob breached the Chamber. (9) Amidst a shocking, unpatriotic attack on the Capitol, Officer Goodman's heroism is recognized not only from Members of Congress and staff but also from the American people they represent. (10) By putting his own life on the line and successfully, single-handedly leading insurrectionists away from the floor of the Senate Chamber, Officer Eugene Goodman performed his duty to protect the Congress with distinction, and by his actions, Officer Goodman left an indelible mark on American history. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to Officer Eugene Goodman. (b) Design and Striking.--For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. all
H.R. 306 (Introduced in House) - Safe Teachers Assistance and Return To School Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr306ih/html/BILLS-117hr306ih.htm	DOC 117th CONGRESS 1st Session H. R. 306 To amend the Internal Revenue Code of 1986 to temporarily increase the educator expense deduction to facilitate the purchase of personal protective equipment and cleaning supplies during the COVID-19 pandemic, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Emmer introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to temporarily increase the educator expense deduction to facilitate the purchase of personal protective equipment and cleaning supplies during the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Teachers Assistance and Return To School Act of 2021'' or the ``STARTS Act of 2021''. SEC. 2. DEDUCTION INCREASES FOR CERTAIN EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Section 62(a)(2)(D) of the Internal Revenue Code of 1986 is amended to read as follows: ``(D) Certain expenses of elementary and secondary school teachers.-- ``(i) In general.--The deductions allowed by section 162 which consist of expenses, not in excess of-- ``(I) $250, paid or incurred by an eligible educator-- ``(aa) by reason of the participation of the educator in professional development courses related to the curriculum in which the educator provides instruction or to the students for which the educator provides instruction, and ``(bb) in connection with books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom. ``(ii) Temporary increase in deduction to support purchases of personal protective equipment and cleaning supplies due to the covid-19 national emergency.-- ``(I) In general.--For the purpose of facilitating the purchase of personal protective equipment necessitated by the COVID-19 national emergency, in the case of an expense described in clause (i) and paid or incurred in taxable years 2020 or 2021-- ``(aa) such clause shall be applied by substituting `$1,000' for `$250', and ``(bb) $750 of such $1,000 may only be used for the purpose of purchasing personal protective equipment or cleaning supplies to combat the spread of COVID-19. ``(II) Unused deduction in taxable year 2020 may be carried to taxable year 2021.--Any unused deduction or portion of such deduction remaining after application of subclause (I) with respect to taxable year 2020 shall be treated as a deduction allowable with respect to taxable year 2021.''. (b) Effective Date.--The amendment made by this section shall apply with respect to taxable years beginning after December 31, 2019. all
"H.R. 307 (Introduced in House)- To amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to include the KIA, MIA, and POW acronyms on headstonesand markers furnished by the Department of Veterans Affairs."	https://www.govinfo.gov/content/pkg/BILLS-117hr307ih/html/BILLS-117hr307ih.htm	DOC 117th CONGRESS 1st Session H. R. 307 To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to include the KIA, MIA, and POW acronyms on headstones and markers furnished by the Department of Veterans Affairs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Kelly of Mississippi introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to include the KIA, MIA, and POW acronyms on headstones and markers furnished by the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCLUSION OF KIA, MIA, AND POW ACRONYMS ON HEADSTONES AND MARKERS FURNISHED BY DEPARTMENT OF VETERANS AFFAIRS. Section 2306(c) of title 38, United States Code, is amended-- (1) by striking ``A headstone or marker furnished'' and inserting ``(1) A headstone or marker furnished''; and (2) by adding at the end the following new paragraph: ``(2)(A) The Secretary shall permit the following acronyms to be included on a headstone or marker under subsection (a), (b), or (d) of this section: ``(i) `KIA' for an individual killed in action. ``(ii) `MIA' for an individual who was missing in action. ``(iii) `POW' for an individual who was a prisoner of war. ``(B) The Secretary may not count an acronym included on a headstone or marker under subparagraph (A) towards any character or line limit for such headstone or marker.''. all
H.R. 308 (Introduced in House) - SAFE Workers Act	https://www.govinfo.gov/content/pkg/BILLS-117hr308ih/html/BILLS-117hr308ih.htm	DOC 117th CONGRESS 1st Session H. R. 308 To direct the National Labor Relations Board to implement a system and procedures to conduct representation elections remotely using an electronic voting system, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Levin of Michigan (for himself, Mr. Fitzpatrick, Mrs. Axne, Mr. Bacon, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Ms. Brownley, Mr. Carson, Mr. Case, Mr. Cicilline, Mr. Cohen, Mr. Courtney, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mr. Michael F. Doyle of Pennsylvania, Ms. Eshoo, Mr. Foster, Mr. Gallego, Mr. Garamendi, Mr. Garcia of Illinois, Mr. Green of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Keating, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Lieu, Mr. Lowenthal, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Mr. McKinley, Mr. Moulton, Mr. Mrvan, Ms. Newman, Mr. Norcross, Ms. Norton, Mr. Pallone, Mr. Pocan, Mr. Ryan, Ms. Sanchez, Ms. Schakowsky, Mr. Sires, Mr. Smith of New Jersey, Mr. Soto, Ms. Spanberger, Ms. Stevens, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Mrs. Trahan, Mr. Vargas, Mrs. Watson Coleman, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the National Labor Relations Board to implement a system and procedures to conduct representation elections remotely using an electronic voting system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``SAFE Workers Act'' or the ``Secure and Fair Elections for Workers Act''. SEC. 2. ELECTRONIC VOTING IN UNION ELECTIONS. (a) In General.-- (1) Electronic voting system.--Subject to the provisions of this section, not later than 90 days after the date of the enactment of this Act, the National Labor Relations Board shall implement a system and procedures to conduct representation elections remotely using an electronic voting system. (2) Procedures.--The procedures under paragraph (1) shall ensure that each employee voting in a representation election may choose to cast a vote using either an internet voting system or a telephone voting system. (3) National mediation board system.--If the Board does not implement a system under paragraph (1) before the date that is 60 days after the date of the enactment of this Act, the Board shall enter into a temporary agreement to use the system and procedures used by the National Mediation Board to conduct representation elections for the period-- (A) beginning on the date that is 60 days after the date of enactment of this Act; and (B) ending on the date that is 90 days after the date of enactment of this Act (b) Interim Period.--During the period beginning on the date of the enactment of this Act and ending upon the date on which the system and procedures are implemented under subsection (a), the Board shall conduct all representation elections by mail ballot. (c) Impracticability.--A regional director shall conduct a representation election by mail ballot if, during a representation proceeding with respect to such election, a party makes a showing that conducting such election in accordance with the system and procedures under subsection (a) is impracticable. (d) Report.-- Not later than 90 days of the enactment of this Act, and every 90 days thereafter, the Board shall submit to Congress a report containing a description of the following: (1) For each representation petition under section 9 of the National Labor Relations Act filed-- (A) the case name and case number; (B) the number of days between the petition and the election; (C) the number of days between the stipulation or direction of election and the election; (D) the method of the election; (E) the results of the election; and (F) the number of eligible voters, the number of voters participating in the election, and the method by which each of the voters submitted their vote. (2) The total cost of conducting all elections the Board conducted through the system and procedures required by subsection (a). (e) Period of Application.--The requirements under this section shall apply with respect to any representation election conducted during the period-- (1) beginning on the date of enactment of this Act; and (2) ending on the date on which a COVID-19 public health emergency is not in effect with respect to the worksite of a participant of such election. (f) Definitions.--In this section: (1) Electronic voting system.--The term ``electronic voting system''-- (A) includes an internet voting system and a telephone voting system; and (B) does not include machines used for casting votes at a polling site or an electronic tabulation system where votes are cast non-electronically but counted electronically (such as a punch card or optical scanning system). (2) Internet voting system.--The term ``internet voting system'' means an internet-based voting system that allows a participant to cast a ballot remotely using a personal computer or other mobile electronic device that is connected to the internet. (3) Telephone voting system.--The term ``telephone voting system'' means a voting system in which participants may cast a vote remotely using a telephone. (4) Remotely.--The term ``remotely'', used with respect to voting in a representation election, means a vote may be cast at any site chosen by a participant in such election. (5) Representation election.--The term ``representation election'' means a representation election under section 9 of the National Labor Relations Act (29 U.S.C. 159). (6) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means a public health emergency with respect to COVID-19 declared by a Federal, State, or local authority. (g) Authorization of Appropriation.--There are authorized to be appropriated $1,000,000 to the Board to carry out this section. SEC. 3. AMENDMENT TO FURTHER CONSOLIDATED APPROPRIATIONS ACT. The Consolidated Appropriations Act, 2021 (Public Law 116-260) is amended by striking section 407. all
H.R. 309 (Introduced in House) - Pipeline and Compressor Safety Verification Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr309ih/html/BILLS-117hr309ih.htm	DOC 117th CONGRESS 1st Session H. R. 309 To require the Federal Energy Regulatory Commission to revoke a certificate of public convenience and necessity issued under section 7 of the Natural Gas Act as such certificate applies to the Weymouth Compressor Station, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Lynch introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To require the Federal Energy Regulatory Commission to revoke a certificate of public convenience and necessity issued under section 7 of the Natural Gas Act as such certificate applies to the Weymouth Compressor Station, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pipeline and Compressor Safety Verification Act of 2021''. SEC. 2. REVOCATIONS. (a) Weymouth Compressor Station.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall issue an order revoking the certificate of public convenience and necessity authorizing the construction and operation of the Atlantic Bridge Project and issued under section 7 of the Natural Gas Act (15 U.S.C. 717f) on January 25, 2017, as such certificate applies with respect to the proposed Weymouth Compressor Station in Weymouth, Massachusetts. (2) Future actions.--After issuing an order under paragraph (1), the Federal Energy Regulatory Commission may not, with respect to the proposed Weymouth Compressor Station in Weymouth, Massachusetts, issue a certificate of public convenience and necessity under section 7 of the Natural Gas Act (15 U.S.C. 717f) or take any other action approving the Weymouth Compressor Station, unless and until the Commission receives written certification that the construction and operation of the Weymouth Compressor Station will not pose a danger to surrounding residential communities and the general public from each of the following: (A) The Secretary of the Executive Office of Public Safety and Security for Massachusetts. (B) The State Fire Marshal for Massachusetts. (C) The Director of the Massachusetts Pipeline Safety Division. (b) West Roxbury Lateral.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Federal Energy Regulatory Commission shall issue an order revoking the certificate of public convenience and necessity authorizing the construction and operation of the Algonquin Incremental Market Project and issued under section 7 of the Natural Gas Act (15 U.S.C. 717f) on March 3, 2015, as such certificate applies with respect to approximately 4.1 miles of 16-inch-diameter pipeline and approximately 0.8 miles of 24-inch-diameter pipeline off of the I-4 System Lateral of Algonquin Gas Transmission, LLC, in Norfolk and Suffolk Counties, Massachusetts (commonly known, and in this subsection referred to, as the ``West Roxbury Lateral''). (2) Future actions.--After issuing an order under paragraph (1), the Federal Energy Regulatory Commission may not, with respect to the West Roxbury Lateral, issue a certificate of public convenience and necessity under section 7 of the Natural Gas Act (15 U.S.C. 717f) or take any other action approving the West Roxbury Lateral, unless and until the Commission receives written certification that the construction and operation of the West Roxbury Lateral will not pose a danger to surrounding residential communities and the general public from each of the following: (A) The Secretary of the Executive Office of Public Safety and Security for Massachusetts. (B) The State Fire Marshal for Massachusetts. (C) The Director of the Massachusetts Pipeline Safety Division. all
H.R. 30 (Introduced in House) - Gun Trafficking Prohibition Act	https://www.govinfo.gov/content/pkg/BILLS-117hr30ih/html/BILLS-117hr30ih.htm	DOC 117th CONGRESS 1st Session H. R. 30 To increase public safety by punishing and deterring firearms trafficking. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To increase public safety by punishing and deterring firearms trafficking. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Trafficking Prohibition Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Anti-straw purchasing and firearms trafficking amendments. Sec. 4. Amendments to section 922(d). Sec. 5. Amendments to section 924(a). Sec. 6. Amendments to section 924(h). Sec. 7. Amendments to section 924(k). SEC. 3. ANTI-STRAW PURCHASING AND FIREARMS TRAFFICKING AMENDMENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 932. Straw purchasing of firearms ``(a) For purposes of this section-- ``(1) the term `crime of violence' has the meaning given that term in section 924(c)(3); ``(2) the term `drug trafficking crime' has the meaning given that term in section 924(c)(2); and ``(3) the term `purchases' includes the receipt of any firearm by a person who does not own the firearm-- ``(A) by way of pledge or pawn as security for the payment or repayment of money; or ``(B) on consignment. ``(b) It shall be unlawful for any person (other than a licensed importer, licensed manufacturer, licensed collector, or licensed dealer) to knowingly purchase, or attempt or conspire to purchase, any firearm in or otherwise affecting interstate or foreign commerce-- ``(1) from a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown; or ``(2) from any person who is not a licensed importer, licensed manufacturer, licensed collector, or licensed dealer for, on behalf of, or at the request or demand of any other person, known or unknown, knowing or having reasonable cause to believe that such other person-- ``(A) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding 1 year; ``(B) is a fugitive from justice; ``(C) is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); ``(D) has been adjudicated as a mental defective or has been committed to any mental institution; ``(E) is an alien who-- ``(i) is illegally or unlawfully in the United States; or ``(ii) except as provided in section 922(y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); ``(F) has been discharged from the Armed Forces under dishonorable conditions; ``(G) having been a citizen of the United States, has renounced his or her citizenship; ``(H) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this subparagraph shall only apply to a court order that-- ``(i) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and ``(ii)(I) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or ``(II) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; ``(I) has been convicted in any court of a misdemeanor crime of domestic violence; ``(J) intends to-- ``(i) use, carry, possess, or sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking crime; or ``(ii) export the firearm or ammunition in violation of law; ``(K) who does not reside in any State; or ``(L) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of subparagraphs (A) through (K). ``(c)(1) Except as provided in paragraph (2), any person who violates subsection (b) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) If a violation of subsection (b) is committed knowing or with reasonable cause to believe that any firearm involved will be used to commit a crime of violence, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``(d) Subsection (b)(1) shall not apply to any firearm that is lawfully purchased by a person-- ``(1) to be given as a bona fide gift to a recipient who provided no service or tangible thing of value to acquire the firearm, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm; or ``(2) to be given to a bona fide winner of an organized raffle, contest, or auction conducted in accordance with law and sponsored by a national, State, or local organization or association, unless the person knows or has reasonable cause to believe such recipient is prohibited by Federal law from possessing, purchasing, receiving, selling, shipping, transporting, transferring, or otherwise disposing of the firearm. ``Sec. 933. Trafficking in firearms ``(a) It shall be unlawful for any person to-- ``(1) ship, transport, transfer, cause to be transported, or otherwise dispose of 2 or more firearms to another person in or otherwise affecting interstate or foreign commerce, if the transferor knows or has reasonable cause to believe that the use, carrying, or possession of a firearm by the transferee would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; ``(2) receive from another person 2 or more firearms in or otherwise affecting interstate or foreign commerce, if the recipient knows or has reasonable cause to believe that such receipt would be in violation of, or would result in a violation of, any Federal law punishable by a term of imprisonment exceeding 1 year; or ``(3) attempt or conspire to commit the conduct described in paragraph (1) or (2). ``(b)(1) Except as provided in paragraph (2), any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 15 years, or both. ``(2) If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, leader, supervisor, or manager, the person shall be sentenced to a term of imprisonment of not more than 25 years. ``Sec. 934. Forfeiture and fines ``(a)(1) Any person convicted of a violation of section 932 or 933 shall forfeit to the United States, irrespective of any provision of State law-- ``(A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; and ``(B) any of the person's property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation. ``(2) The court, in imposing sentence on a person convicted of a violation of section 932 or 933, shall order, in addition to any other sentence imposed pursuant to section 932 or 933, that the person forfeit to the United States all property described in paragraph (1). ``(b) A defendant who derives profits or other proceeds from an offense under section 932 or 933 may be fined not more than the greater of-- ``(1) the fine otherwise authorized by this part; and ``(2) the amount equal to twice the gross profits or other proceeds of the offense under section 932 or 933.''. (b) Title III Authorization.--Section 2516(1)(n) of title 18, United States Code, is amended by striking ``and 924'' and inserting ``, 924, 932, or 933''. (c) Racketeering Amendment.--Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``section 932 (relating to straw purchasing), section 933 (relating to trafficking in firearms),'' before ``section 1028''. (d) Money Laundering Amendment.--Section 1956(c)(7)(D) of title 18, United States Code, is amended by striking ``section 924(n)'' and inserting ``section 924(n), 932, or 933''. (e) Directive to Sentencing Commission.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend its guidelines and policy statements to ensure that persons convicted of an offense under section 932 or 933 of title 18, United States Code, and other offenses applicable to the straw purchases and firearms trafficking of firearms are subject to increased penalties in comparison to those currently provided by the guidelines and policy statements for such straw purchasing and firearms trafficking offenses. The Commission shall also review and amend its guidelines and policy statements to reflect the intent of Congress that a person convicted of an offense under section 932 or 933 of title 18, United States Code, who is affiliated with a gang, cartel, organized crime ring, or other such enterprise should be subject to higher penalties than an otherwise unaffiliated individual. (f) Technical and Conforming Amendment.--The table of sections of chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``932. Straw purchasing of firearms. ``933. Trafficking in firearms. ``934. Forfeiture and fines.''. SEC. 4. AMENDMENTS TO SECTION 922(D). Section 922(d) of title 18, United States Code, is amended-- (1) in paragraph (8), by striking ``or'' at the end; (2) in paragraph (9), by striking the period at the end and inserting a semicolon; and (3) by striking the matter following paragraph (9) and inserting the following: ``(10) intends to sell or otherwise dispose of the firearm or ammunition to a person described in any of paragraphs (1) through (9); or ``(11) intends to sell or otherwise dispose of the firearm or ammunition in furtherance of a crime of violence or drug trafficking offense or to export the firearm or ammunition in violation of law. This subsection shall not apply with respect to the sale or disposition of a firearm or ammunition to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector who pursuant to subsection (b) of section 925 is not precluded from dealing in firearms or ammunition, or to a person who has been granted relief from disabilities pursuant to subsection (c) of section 925.''. SEC. 5. AMENDMENTS TO SECTION 924(A). Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (2), by striking ``(d), (g),''; and (2) by adding at the end the following: ``(8) Whoever knowingly violates subsection (d) or (g) of section 922 shall be fined under this title, imprisoned not more than 15 years, or both.''. SEC. 6. AMENDMENTS TO SECTION 924(H). Section 924 of title 18, United States Code, is amended by striking subsection (h) and inserting the following: ``(h)(1) Whoever knowingly receives or transfers a firearm or ammunition, or attempts or conspires to do so, knowing or having reasonable cause to believe that such firearm or ammunition will be used to commit a crime of violence (as defined in subsection (c)(3)), a drug trafficking crime (as defined in subsection (c)(2)), or a crime under the Arms Export Control Act (22 U.S.C. 2751 et seq.), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Foreign Narcotics Kingpin Designation Act (21 U.S.C. 1901 et seq.), or section 212(a)(2)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(C)) shall be imprisoned not more than 25 years, fined in accordance with this title, or both. ``(2) No term of imprisonment imposed on a person under this subsection shall run concurrently with any term of imprisonment imposed on the person under section 932.''. SEC. 7. AMENDMENTS TO SECTION 924(K). Section 924 of title 18, United States Code, is amended by striking subsection (k) and inserting the following: ``(k)(1) A person who, with intent to engage in or to promote conduct that-- ``(A) is punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46; ``(B) violates any law of a State relating to any controlled substance (as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802); or ``(C) constitutes a crime of violence (as defined in subsection (c)(3)), smuggles or knowingly brings into the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both. ``(2) A person who, with intent to engage in or to promote conduct that-- ``(A) would be punishable under the Controlled Substances Act (21 U.S.C. 801 et seq.), the Controlled Substances Import and Export Act (21 U.S.C. 951 et seq.), or chapter 705 of title 46, if the conduct had occurred within the United States; or ``(B) would constitute a crime of violence (as defined in subsection (c)(3)) for which the person may be prosecuted in a court of the United States, if the conduct had occurred within the United States, smuggles or knowingly takes out of the United States, a firearm or ammunition, or attempts or conspires to do so, shall be imprisoned not more than 15 years, fined under this title, or both.''. all
"H.R. 310 (Introduced in House)- To posthumously award the Congressional Gold Medal, collectively, to 
Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in 
recognition of their contributions to the Nation."	https://www.govinfo.gov/content/pkg/BILLS-117hr310ih/html/BILLS-117hr310ih.htm	DOC 117th CONGRESS 1st Session H. R. 310 To posthumously award the Congressional Gold Medal, collectively, to Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in recognition of their contributions to the Nation. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Lynch (for himself and Mr. Mast) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To posthumously award the Congressional Gold Medal, collectively, to Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in recognition of their contributions to the Nation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress makes the following findings: (1) On September 11, 2012, the United States consulate, and its personnel in Benghazi, Libya, were attacked by militants. (2) Four Americans were killed in the attack, including Ambassador J. Christopher Stevens, Sean Smith, Glen Doherty, and Tyrone Woods. (3) Glen Doherty and Tyrone Woods were former Navy SEALs who served as security personnel in Libya. As the attack unfolded, they bravely attempted to defend American property and protect United States diplomatic personnel. In so doing, they selflessly sacrificed their own lives. (4) Glen Doherty was a Navy SEAL for 12 years and served in Iraq and Afghanistan. He attained the rank of Petty Officer First Class and earned the Navy and Marine Corps Commendation Medal. After leaving the Navy, Glen Doherty worked with the Department of State to protect American diplomats. (5) Tyrone Woods served for 20 years as a Navy SEAL including tours in Iraq and Afghanistan. In Iraq he led multiple raids and reconnaissance missions and earned the Bronze Star. After retiring from the Navy as a Senior Chief Petty Officer, Tyrone Woods worked with the Department of State to protect American diplomats. (6) J. Christopher Stevens served for 21 years in the U.S. Foreign Service. He was serving as U.S. Ambassador to Libya and previously served twice in the country, as both Special Representative to the Libyan Transitional National Council and as the Deputy Chief of Mission. Earlier in his life, he also served as a Peace Corps volunteer teaching English in Morocco. (7) Sean Smith served for 6 years in the U.S. Air Force. He attained the rank of Staff Sergeant and was awarded the Air Force Commendation Medal. After leaving the Air Force, Sean Smith served for 10 years in the State Department on various assignments, which took him to places such as Baghdad, Brussels, Pretoria, and The Hague. (8) As their careers attest, all four men served their country honorably. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous award, on behalf of the Congress, of a single gold medal of appropriate design collectively in commemoration of Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith, in recognition of their contributions to the Nation. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Central Intelligence Agency Museum.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Central Intelligence Agency Museum, where it shall be displayed as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Central Intelligence Agency Museum should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with Glen Doherty, Tyrone Woods, J. Christopher Stevens, and Sean Smith. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. all
H.R. 311 (Introduced in House) - To provide for quality assurance of COVID–19 reimbursements and reporting.	https://www.govinfo.gov/content/pkg/BILLS-117hr311ih/html/BILLS-117hr311ih.htm	DOC 117th CONGRESS 1st Session H. R. 311 To provide for quality assurance of COVID-19 reimbursements and reporting. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for quality assurance of COVID-19 reimbursements and reporting. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. QUALITY ASSURANCE OF COVID-19 REIMBURSEMENTS AND REPORTING. (a) In General.--Notwithstanding any other provision of law, no Federal funds shall be used for a reimbursement or payment for-- (1) COVID-19 testing of any individual unless the request for such reimbursement or payment is accompanied by evidence that the individual was tested using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3) for COVID-19 diagnosis; or (2) COVID-19 treatment of any individual unless the request for reimbursement or payment is accompanied by evidence that the person tested positive for COVID-19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3) for COVID-19 diagnosis. (b) Quality Assurance of Reimbursements.--For purposes of subsection (a), notwithstanding any other provision of law, the head of any Federal agency authorized to make a reimbursement or payment for COVID-19 testing or treatment of individuals shall review each request presented for such reimbursement or payment and-- (1) deny any request for such a reimbursement or payment for COVID-19 testing of an individual or, if reimbursement or payment has already been made, cause to be recovered such reimbursement or payment, unless the request is accompanied by evidence that the individual was tested using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3) for COVID-19 diagnosis as of the date of the review of the head of the agency; (2) deny any request for such a reimbursement or payment for COVID-19 treatment of an individual or, if reimbursement or payment has already been made, cause to be recovered such reimbursement or payment, unless the request is accompanied by evidence that the individual tested positive for COVID-19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3) for COVID-19 diagnosis as of the date of the review of the head of the agency; and (3) provide to the Director of the Centers for Disease Control and Prevention the results of such review. (c) Correction of Reports.--The Director of the Centers for Disease Control and Prevention shall apply the results provided to the Director under subsection (b)(3) to-- (1) exclude from the official United States count of cases of COVID-19 any individual reported to have been positive for COVID-19 in a request subject to review in subsection (b) but where the agency head involved found the request was not accompanied by evidence that the individual had been tested positive for COVID-19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3) for diagnosis of COVID-19; and (2) exclude from the official United States count of deaths due to COVID-19 any individual who died and was reported to have been treated or tested positive for COVID-19 in a request subject to review under subsection (b) but where the agency head involved found the request was not accompanied by evidence that the individual had been tested positive for COVID-19 using a test that was approved, cleared, or authorized under section 510(k), 513, 515, or 564 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(k), 360c, 360e, 360bbb-3) for diagnosis of COVID-19. (d) Penalty.--Any person who knowingly reports a false diagnosis of COVID-19 shall be imprisoned not more than 10 years and fined under title 18, United States Code, or both. all
"H.R. 312 (Introduced in House)- To provide a Federal income tax credit for State income taxes paid byindividuals temporarily providing certain health or emergency services 
in the State, and to provide a corresponding reduction in Federal 
highway funds to the State."	https://www.govinfo.gov/content/pkg/BILLS-117hr312ih/html/BILLS-117hr312ih.htm	DOC 117th CONGRESS 1st Session H. R. 312 To provide a Federal income tax credit for State income taxes paid by individuals temporarily providing certain health or emergency services in the State, and to provide a corresponding reduction in Federal highway funds to the State. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide a Federal income tax credit for State income taxes paid by individuals temporarily providing certain health or emergency services in the State, and to provide a corresponding reduction in Federal highway funds to the State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CREDIT FOR STATE INCOME TAXES PAID BY INDIVIDUALS TEMPORARILY PROVIDING CERTAIN HEALTH OR EMERGENCY SERVICES. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: ``SEC. 36C. CREDIT FOR STATE INCOME TAXES PAID BY INDIVIDUALS TEMPORARILY PROVIDING CERTAIN HEALTH OR EMERGENCY SERVICES. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the income taxes imposed by a service-recipient State on the wages (as defined in section 3401) paid to such eligible individual for providing specified health or emergency services in such State on a temporary basis during such taxable year. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means any individual legally domiciled in a State who provides specified health or emergency services in another State on a temporary basis. ``(c) Specified Health or Emergency Services.--For purposes of this section, the term `specified health or emergency services' means service as a first responder, doctor, nurse, or such other health or emergency service as may be specified by the Secretary for purposes of this section. ``(d) Service-Recipient State.--For purposes of this section, the term `service-recipient State' means the State referred to in subsection (b) in which the eligible individual provides specified health or emergency services on a temporary basis. ``(e) Determination of Tax.--The amount of the income tax referred to in subsection (a) shall be equal to the excess (if any) of-- ``(1) the amount of income taxes imposed by the service- recipient State on the income of such eligible individual, over ``(2) the amount of such income taxes which would be imposed without regard to the wages referred to in subsection (a). ``(f) Termination.--Subsection (a) shall not apply with respect to wages paid for services which are provided after the date on which the Secretary certifies that the COVID-19 emergency has concluded.''. (b) Corresponding Reduction in Federal Highway Funds Paid to Service-Recipient States.--The amount made available by the Federal Government as Federal highway funds to any service-recipient State (as defined in section 36C(d) of the Internal Revenue Code of 1986) shall be reduced by the aggregate amount of credits (as estimated by the Secretary of the Treasury) allowed under section 36C of the Internal Revenue Code of 1986 with respect to income taxes imposed by such State. (c) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of such Code is amended by inserting ``36C,'' after ``36B,''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``36C,'' after ``36B,''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Credit for State income taxes paid by individuals temporarily providing certain health or emergency services.''. (d) Effective Date.--The amendments made by this section shall apply to wages paid for services provided after March 16, 2020. all
H.R. 313 (Introduced in House) - Targeted Federal Funding to Invest in Communities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr313ih/html/BILLS-117hr313ih.htm	DOC 117th CONGRESS 1st Session H. R. 313 To provide increased funding for States and communities in need, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Richmond introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To provide increased funding for States and communities in need, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Federal Funding to Invest in Communities Act''. SEC. 2. PURPOSE. The purpose of this Act is to support State and local governments in providing resources so all residents, especially those in historically underserved communities, live healthy, equitable, and fulfilling lives by-- (1) providing funding for programs that improve the quality of life for all residents; (2) investing in communities to provide prosperity and economic security for all people; and (3) ensuring that funding is directed at counteracting systemic injustices and historic disinvestment. SEC. 3. DEFINITIONS. In this Act: (1) Eligible state.--The term ``eligible State'' means any State in the bottom 10 of all 50 States, excluding the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa, in a combined ranking of average life expectancy, infant mortality rate, poverty rate, and percentage of State population with a college degree. The average life expectancy shall be determined based on the most recent year for which data are available from the Centers for Disease Control and Prevention National Center for Health Statistics. The infant mortality rate shall be determined based on data from the Centers for Disease Control National Center for Health Statistics for the most recent year for which the data are available. The poverty rate shall be determined based on the most recent year for which data are available from the Bureau of the Census. The percentage of State population with a college degree shall be determined based on the most recent year for which data are available from the Bureau of the Census. (2) Persistent poverty county.--The term ``persistent poverty county'' means any county with a poverty rate of not less than 20 percent, as determined in each of the 1990 and 2000 decennial censuses, and in the Small Area Income and Poverty Estimates of the Bureau of the Census for the most recent year for which the estimates are available. (3) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. SEC. 4. NEW RACE TO THE TOP FUND. (a) Authorization of Appropriations.-- (1) In general.--Out of any money in the Treasury of the United States not otherwise appropriated, there are authorized to be appropriated for making payments to eligible States, Tribal governments, and units of local government under this section, $20,000,000,000 for each of fiscal years 2021 through 2026. (2) Reservation of funds.--Of the amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $2,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $3,000,000,000 of such amount for making payments to Tribal governments; and (C) $5,000,000,000 of such amount for making payment to persistent poverty counties within eligible States. (b) Authority To Make Payments.-- (1) In general.--Subject to paragraph (2), not later than 90 days after the date of enactment of this section, and annually thereafter, the Secretary shall pay each eligible State, tribal and territorial government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2021 through 2026 under subsection (c). (2) Direct payments to units of local government.--If a unit of local government of a State submits the certification required by subsection (e) for purposes of receiving a direct payment from the Secretary under the authority of this paragraph, the Secretary shall reduce the amount allocated in (a)(2)(C) by the relative unit of local government population proportion amount described in subsection (c)(5) and pay such amount directly to such unit of local government. (c) Payment Amounts.-- (1) In general.--Subject to paragraph (2), the amount paid under this section for each of fiscal years 2021 through 2026 to a State that is 1 of the 10 eligible States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment.-- (A) In general.--No State that is 1 of the States receiving payment shall receive a payment under this section for any fiscal year that is less than $1,000,000,000. (B) Pro rata adjustments.--The Secretary shall adjust on a pro rata basis the amount of the payments for each of the eligible States determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (3) Relative population proportion amount.--For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal years 2021 through 2026 is the product of-- (A) the amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of that subsection; and (B) the relative State population proportion (as defined in paragraph (4)). (4) Relative state population proportion defined.--For purposes of paragraph (3)(B), the term ``relative State population proportion'' means, with respect to a State, the quotient of-- (A) the population of the State; and (B) the total population of all eligible States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)). (5) Relative unit of local government population proportion amount.--For purposes of subsection (b)(2), the term ``relative unit of local government population proportion amount'' means, with respect to a unit of local government of a persistent poverty county, the amount equal to the quotient of-- (A) the population of the unit of local government; and (B) the total population of all persistent poverty counties in the eligible States. (6) District of columbia and territories.--The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of-- (A) the amount set aside under subsection (a)(2)(A) for such fiscal year; and (B) each such District's and territory's share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary. (7) Tribal governments.--From the amount set aside under subsection (a)(2)(B) for fiscal years 2021 through 2026, the amount paid under this section for each fiscal year to a Tribal government shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally owned entity) and determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection (a)(2)(B) for fiscal years 2021 through 2026 are distributed to Tribal governments. (8) Data.--For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census. (d) Use of Funds.--A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Tribal government, or unit of local government that-- (1) are necessary expenditures to create or expand activity or programs consistent with the purposes of this Act that will improve measurable outcomes for health, education, and quality of life for residents; (2) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and (3) were incurred during the period that begins on the date of enactment of this section, and ends five years from the date of enactment of this section. (e) Certification.--In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government's proposed uses of the funds are consistent with subsection (d) and the unit of government is located in a persistent poverty county. (f) Inspector General Oversight; Recoupment.-- (1) Oversight authority.--The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section. all
H.R. 314 (Introduced in House) - Communities and Environment First Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr314ih/html/BILLS-117hr314ih.htm	DOC 117th CONGRESS 1st Session H. R. 314 To authorize the Administrator of the Environmental Protection Agency to enter into cooperative agreements with States to carry out grant programs to assist in remediation and relocation efforts relating to hazardous air pollution, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Richmond introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize the Administrator of the Environmental Protection Agency to enter into cooperative agreements with States to carry out grant programs to assist in remediation and relocation efforts relating to hazardous air pollution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Communities and Environment First Act of 2021''. SEC. 2. FOR COMMUNITIES TRUST FUND. (a) Establishment of Fund.-- (1) In general.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. FOR COMMUNITIES TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund, to be known as the For Communities Trust Fund, consisting of such amounts as may be made available to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--For each of fiscal years 2022 through 2032, there are authorized to be transferred to the For Communities Trust Fund amounts equivalent to the taxes received in the Treasury under sections 4661 and 4671. ``(c) Expenditures.--Amounts in the For Communities Trust Fund shall be made available without further appropriation to carry out section 6 of the Communities and Environment First Act of 2021.''. (b) Clerical Amendment.--The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9512. For Communities Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. SEC. 3. SECTION 4661 TAXES TRANSFERRED TO FOR COMMUNITIES TRUST FUND ONLY. (a) In General.--Section 9507(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``, 4661, or 4671''. (b) Conforming Amendment.--Section 4661 of such Code is amended by striking subsection (c). (c) Effective Date.--The amendments made by this section shall apply to taxes imposed after December 31, 2021. SEC. 4. MODIFICATION OF CHEMICAL EXCISE TAXES. (a) Adjustment for Inflation of Excise Tax on Certain Chemicals.-- Section 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Amount of Tax.-- ``(1) In general.--The amount of the tax imposed by subsection (a) shall be determined in accordance with the following table: ------------------------------------------------------------------------ The tax is the ``In the case of: following amount per ton: ------------------------------------------------------------------------ Acetylene $11.35 Benzene 11.35 Butane 11.35 Butylene 11.35 Butadiene 11.35 Ethylene 11.35 Methane 8.02 Naphthalene 11.35 Propylene 11.35 Toluene 11.35 Xylene 11.35 Ammonia 6.15 Antimony 10.37 Antimony trioxide 8.74 Arsenic 10.37 Arsenic trioxide 7.95 Barium sulfide 5.36 Bromine 10.37 Cadmium 10.37 Chlorine 6.29 Chromium 10.37 Chromite 3.54 Potassium dichromate 3.94 Sodium dichromate 4.36 Cobalt 10.37 Cupric sulfate 4.36 Cupric oxide 8.37 Cuprous oxide 9.25 Hydrochloric acid 0.68 Hydrogen fluoride 9.86 Lead oxide 9.65 Mercury 10.37 Nickel 10.37 Phosphorus 10.37 Stannous chloride 6.64 Stannic chloride 4.94 Zinc chloride 5.17 Zinc sulfate 4.43 Potassium hydroxide 0.51 Sodium hydroxide 0.65 Sulfuric acid 0.61 Nitric acid 0.56. ------------------------------------------------------------------------ ``(2) Adjustment for inflation.-- ``(A) In general.--In the case of a calendar year beginning after 2022, each of the amounts in the table in paragraph (1) shall be increased by an amount equal to-- ``(i) such amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 2021' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any amount as adjusted under subparagraph (A) is not a multiple of $0.01, such amount shall be rounded to the next lowest multiple of $0.01.''. (b) Effective Date.--The amendments made by this section shall apply to taxes imposed after December 31, 2021. SEC. 5. SECTION 4671 TAX REVIVED WITH RESPECT TO CERTAIN CHEMICALS. (a) In General.--Section 4671 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a), by striking ``substance sold or used by the importer thereof.'' and inserting ``substance-- ``(1) sold or used by the importer thereof, and ``(2) described in the table in section 4661(b).'', (2) by amending subsection (c) to read as follows: ``(c) Exemptions for Substances Taxed Under Section 4661.--No tax shall be imposed by this section on the sale or use of any substance if tax is imposed on such sale or use under section 4661.'', and (3) by striking subsection (e). (b) Effective Date.--The amendments made by this section shall apply to taxes imposed after December 31, 2021. SEC. 6. STATE GRANT PROGRAMS. (a) Allocation of Funds.--The Administrator of the Environmental Protection Agency shall, from amounts made available to carry out this section for a fiscal year, award grants on a competitive basis to States that have entered into a cooperative agreement with the Administrator to carry out a grant program described in subsection (b). (b) Grant Program.--A State may use amounts awarded to such State pursuant to subsection (a) only to carry out a grant program to make grants to entities-- (1) to assist in relocation efforts for individuals or groups of individuals who live within 5 miles of a designated facility; or (2) to protect or remediate areas affected by emissions of hazardous air pollutants, or releases of hazardous substances, pollutants, or contaminants, from a designated facility. (c) Eligibility.--In order to receive a grant under a grant program described in subsection (b), an entity-- (1) shall propose to use the grant to carry out a project-- (A) to assist in relocation efforts for individuals or groups of individuals who live within 5 miles of a designated facility; or (B) to protect or remediate an area affected by emissions of hazardous air pollutants, or releases of hazardous substances, pollutants, or contaminants, from a designated facility; and (2) shall be a nonprofit organization, or institution of higher education, with an environmentally-focused mission. (d) Inclusion of Acquisition of Property.--Assistance for relocation efforts that is provided using a grant received under a grant program described in subsection (b) may include acquisition of property-- (1) for an individual or group of individuals described in subsection (b)(1); or (2) owned by an individual or group of individuals described in subsection (b)(1). (e) Priority.--In making grants under a grant program described in subsection (b), a State shall give priority to individuals and groups of individuals that reside closest to a designated facility. (f) Review by Public Health Officials.--A State carrying out a grant program described in subsection (b) shall ensure that public health officials of such State review any health-related data submitted in support of an application for a grant under such grant program. (g) Definitions.--In this section-- (1) Designated facility.--The term ``designated facility'' means a facility or site-- (A) that is not owned by the Federal Government; and (B) that is-- (i) a major source or an area source, as defined in section 112 of the Clean Air Act (42 U.S.C. 7412), to which emissions standards promulgated under such section 112 apply; or (ii) listed on the National Priorities List under section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605). (2) Hazardous air pollutant.--The term ``hazardous air pollutant'' has the meaning given such term in section 112(a)(6) of the Clean Air Act (42 U.S.C. 7412(a)(6)). (3) Hazardous substance.--The term ``hazardous substance'' has the meaning given such term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (4) State.--The term ``State'' means each State of the United States, the District of Columbia, and each territory of the United States. (h) Regulations and Guidance.--The Administrator may issue such regulations and guidance as are necessary to implement a grant program under this section. all
H.R. 315 (Introduced in House) - Medicare Sequester COVID Moratorium Act	https://www.govinfo.gov/content/pkg/BILLS-117hr315ih/html/BILLS-117hr315ih.htm	DOC 117th CONGRESS 1st Session H. R. 315 To amend the Coronavirus Aid, Relief, and Economic Security Act to extend the temporary suspension of Medicare sequestration, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Schneider (for himself and Mr. McKinley) introduced the following bill; which was referred to the Committee on the Budget _______________________________________________________________________ A BILL To amend the Coronavirus Aid, Relief, and Economic Security Act to extend the temporary suspension of Medicare sequestration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Sequester COVID Moratorium Act''. SEC. 2. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE SEQUESTRATION. (a) Extension Through the End of the COVID-19 Public Health Emergency.--Section 3709(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. 421) is amended by striking ``December 31, 2020,'' and inserting ``the termination date of the emergency period described in section 1135(g)(1)(B) of the Social Security Act,''. (b) Effective Date.--The amendment made by subsection (a) shall take effect as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136; 134 Stat. 421). all
"H.R. 316 (Introduced in House)- To direct the President to appoint a Medical Supplies Response 
Coordinator to coordinate the efforts of the Federal Government 
regarding the supply and distribution of certain supplies and equipment 
relating to COVID–19."	https://www.govinfo.gov/content/pkg/BILLS-117hr316ih/html/BILLS-117hr316ih.htm	DOC 117th CONGRESS 1st Session H. R. 316 To direct the President to appoint a Medical Supplies Response Coordinator to coordinate the efforts of the Federal Government regarding the supply and distribution of certain supplies and equipment relating to COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Schneider (for himself and Ms. Clark of Massachusetts) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the President to appoint a Medical Supplies Response Coordinator to coordinate the efforts of the Federal Government regarding the supply and distribution of certain supplies and equipment relating to COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MEDICAL SUPPLIES RESPONSE COORDINATOR. (a) In General.--The President shall appoint a Medical Supplies Response Coordinator to coordinate the efforts of the Federal Government regarding the supply and distribution of critical medical supplies and equipment related to detecting, diagnosing, preventing, and treating COVID-19, including personal protective equipment, medical devices, drugs, and vaccines. (b) Qualifications.--To qualify to be appointed as the Medical Supplies Response Coordinator, an individual shall be a senior government official with-- (1) health care training, including training related to infectious diseases or hazardous exposures; and (2) a familiarity with medical supply chain logistics. (c) Activities.--The Medical Supplies Response Coordinator shall-- (1) consult with State, local, territorial, and Tribal officials to ensure that health care facilities and health care workers have sufficient personal protective equipment and other medical supplies; (2) evaluate ongoing needs of States, localities, territories, Tribes, health care facilities, and health care workers to determine the need for critical medical supplies and equipment; (3) serve as a point of contact for industry for procurement and distribution of critical medical supplies and equipment, including personal protective equipment, medical devices, testing supplies, drugs, and vaccines; (4) procure and distribute critical medical supplies and equipment, including personal protective equipment, medical devices, testing supplies, drugs, and vaccines; (5)(A) establish and maintain an up-to-date national database of hospital capacity, including beds, ventilators, and supplies, including personal protective equipment, medical devices, drugs, and vaccines; and (B) provide weekly reports to the Congress on gaps in such capacity and progress made toward closing the gaps; (6) require, as necessary, industry reporting on production and distribution of personal protective equipment, medical devices, testing supplies, drugs, and vaccines and assess financial penalties as may be specified by the Medical Supplies Response Coordinator for failure to comply with such requirements for reporting on production and distribution; (7) consult with the Secretary and the Administrator of the Federal Emergency Management Agency, as applicable, to ensure sufficient production levels under the Defense Production Act (50 U.S.C. 4501 et seq.); and (8) monitor the prices of critical medical supplies and equipment, including personal protective equipment and medical devices, drugs, and vaccines related to detecting, diagnosing, preventing, and treating COVID-19 and report any suspected price gouging of such materials to the Federal Trade Commission and appropriate law enforcement officials. all
"H.R. 317 (Introduced in House)- To amend the Public Health Service Act to establish a health 
insurance Federal Invisible Risk Sharing Program."	https://www.govinfo.gov/content/pkg/BILLS-117hr317ih/html/BILLS-117hr317ih.htm	DOC 117th CONGRESS 1st Session H. R. 317 To amend the Public Health Service Act to establish a health insurance Federal Invisible Risk Sharing Program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Schweikert (for himself and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to establish a health insurance Federal Invisible Risk Sharing Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HEALTH INSURANCE FEDERAL INVISIBLE RISK SHARING PROGRAM. The Public Health Service Act is amended by adding at the end the following new title: ``TITLE XXXIV--HEALTH INSURANCE FEDERAL INVISIBLE RISK SHARING PROGRAM ``SEC. 3401. ESTABLISHMENT OF FEDERAL INVISIBLE RISK SHARING PROGRAM. ``(a) In General.--There is established a Federal Invisible Risk Sharing Program (in this section referred to as the `Program'), to be administered by the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services (in this section referred to as the `Administrator'), to provide payments to health insurance issuers with respect to claims for eligible individuals for the purpose of lowering premiums for health insurance coverage offered in the individual market. ``(b) Funding.-- ``(1) Appropriations.--For the purpose of providing funding for the Program there is appropriated, out of any money in the Treasury not otherwise appropriated, $15,000,000,000 for the period beginning on January 1, 2022, and ending on December 31, 2031. Such funds shall be available to the Secretary for such purpose in such amounts and at such times during such period as specified by the Secretary. ``(2) Additional funding.--In addition to amounts appropriated under paragraph (1), out of any money in the Treasury not otherwise appropriated, there shall be appropriated to the Secretary for each year (after 2022) during the period specified in paragraph (1), for purposes of carrying out the Program, an amount equal to the amount by which the actual sum of the premium assistance credits calculated for all taxpayers under section 36B(a) of the Internal Revenue Code of 1986 for the previous year was less than the projected sum of the premium assistance credits calculated for all taxpayers under such section for such previous year. Amounts appropriated pursuant to the previous sentence shall remain available until expended. ``(3) Limitation.--Amounts appropriated under this subsection for 2022 through 2031 shall be subject to the requirements contained in Public Law 116-94 for funds for programs authorized under sections 330 through 340 of the Public Health Service Act. ``(c) Operation of Program.-- ``(1) In general.--The Administrator shall establish, after consultation with health care consumers, health insurance issuers, State insurance commissioners, and other stakeholders and after taking into consideration high cost health conditions and other health trends that generate high cost, parameters for the operation of the Program consistent with this section. ``(2) Expediting initial operation.-- ``(A) Deadline for initial operation.--Not later than 60 days after the date of the enactment of this title, the Administrator shall establish sufficient parameters to specify how the Program will operate for plan year 2022. ``(B) Secretarial discretion.--To ensure the operation of the Program in plan year 2022, notwithstanding paragraph (1), the Secretary may in lieu of basing eligibility for participation in the Program on the parameters described in paragraphs (1) and (2) of subsection (d) and without consultation described in paragraph (1), base such eligibility on dollar amounts of claims and specify actuarial values to be applied for such amounts. ``(3) State operation of program.-- ``(A) In general.--The Administrator shall establish a process for a State to operate the Program in such State beginning with plan year 2024. ``(B) Immediate waivers.--Such process shall allow a State that, as of March 1, 2021, had in place a fully established high risk sharing pool or fully established reinsurance program (as defined by the Secretary) to continue to operate such pool or program and not have the Program administered by the Secretary under this section apply to such State. ``(d) Details of Program.--The parameters for the Program shall include the following: ``(1) Eligible individuals.--A definition for eligible individuals. ``(2) Standards for qualification.-- ``(A) Automatic qualification.--The identification of health conditions that automatically qualify individuals as eligible individuals. ``(B) Voluntary qualification.--A process under which health insurance issuers may voluntarily qualify individuals, who do not automatically qualify under subparagraph (A), as eligible individuals. ``(3) Percentage of insurance premiums to be applied.--The percentage of the premiums paid, to health insurance issuers for health insurance coverage by eligible individuals, that shall be collected and deposited to the credit (and available for the use) of the Program. ``(4) Attachment dollar amount and payment proportion.--The dollar amount of claims for eligible individuals after which the Program will provide payments to health insurance issuers and the proportion of such claims above such dollar amount that the Program will pay.''. all
H.R. 318 (Introduced in House) - Safe Testing at Residence Telehealth Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr318ih/html/BILLS-117hr318ih.htm	DOC 117th CONGRESS 1st Session H. R. 318 To amend title XVIII to provide coverage and payment for certain tests and assistive telehealth consultations during the COVID-19 emergency period, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Schweikert (for himself, Mr. Rush, and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII to provide coverage and payment for certain tests and assistive telehealth consultations during the COVID-19 emergency period, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Testing at Residence Telehealth Act of 2021''. SEC. 2. COVERAGE AND PAYMENT FOR CERTAIN TESTS AND ASSISTIVE TELEHEALTH CONSULTATIONS DURING THE COVID-19 EMERGENCY PERIOD. (a) Coverage and Payment Rule.-- (1) In general.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end of the following new paragraph: ``(9) Coverage and payment for certain tests and assistive telehealth consultations during covid-19 emergency period.-- ``(A) In general.--During the emergency period described in section 1135(g)(1)(B), the Secretary shall pay for a test described in subparagraph (C) that is ordered and an assistive telehealth consultation that is furnished via a telecommunications system by a physician or practitioner to an eligible telehealth individual enrolled under this part notwithstanding that the individual physician or practitioner ordering the test did not furnish the test or that the individual physician or practitioner providing the assistive telehealth consultation is not at the same location as the beneficiary. ``(B) Payment amount.--During the emergency period described in section 1135(g)(1)(B), the Secretary shall pay to a physician or practitioner located at a distant site that-- ``(i) orders a test described in subparagraph (C) to an eligible telehealth individual an amount equal to the amount that such physician or practitioner would have been paid for a diagnostic laboratory test under section 1833(h); and ``(ii) furnishes an assistive telehealth consultation to an eligible telehealth individual an amount equal to the amount that a physician or practitioner would have been paid for such telehealth service under paragraph (2). ``(C) Tests described.--For purposes of subparagraphs (A) and (B), a test described in this subparagraph is a medical device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) or is a test approved under an emergency use authorization under section 564 of such Act and is either-- ``(i) a diagnostic laboratory test for the diagnosis of influenza or a similar respiratory condition that is required to obtain a final diagnosis of COVID-19 for an individual when such test is ordered by a physician or practitioner in conjunction with a COVID-19 diagnostic laboratory test for purposes of discounting a diagnosis of influenza or a related diagnosis for such individual; or ``(ii) a serology test for COVID-19. ``(D) Other matters relating to documentation and claims review.--The requirements of paragraphs (2) and (3) of section 410.32(d) of title 42, Code of Federal Regulations (as in effect on the date of the enactment of this paragraph), relating to documentation and claims review, respectively, shall apply to a test described in subparagraph (C) and an assistive telehealth consultation. ``(E) Demographic data.--To be eligible for reimbursement under this paragraph, each claim for reimbursement shall include, with respect to such an eligible telehealth individual, the following demographic data: ``(i) Age. ``(ii) Race and ethnicity. ``(iii) Gender. ``(iv) An affirmative or negative statement of the existence of any chronic condition. ``(v) Any other information the Secretary determines appropriate. ``(F) Assistive telehealth consultation.--In this paragraph, the term `assistive telehealth consultation' means a telehealth service (as defined in paragraph (4)(F)) that is-- ``(i) an evaluation and management service; ``(ii) an assessment of any evidence of systems which would make a diagnostic laboratory test necessary to be furnished in the home of an eligible telehealth individual; ``(iii) the ordering of a diagnostic laboratory test; ``(iv) an assessment of an individual succeeding the delivery of a diagnostic laboratory test; ``(v) any assistance in the collection of a sample necessary for a diagnostic laboratory test and securing the sample for shipping; ``(vi) the referral of an eligible telehealth individual to a physician or practitioner for in-person treatment; or ``(vii) the review of a diagnostic laboratory test by a physician or practitioner.''. (2) Report.-- (A) In general.--During the period beginning 20 days after the date of the enactment of this Act and ending on the last day of the emergency period, each physician and practitioner, who furnishes a test or an assistive telehealth consultation during such period, shall, on a monthly basis during such period, submit to the Administrator of the Centers for Medicare & Medicaid Services and the appropriate State health agency demographic data specified under section 1834(m)(9)(E) of the Social Security Act (42 U.S.C. 1395m(m)(9)(E)) with respect to individuals to whom such test or consultation was so furnished (in accordance with the HIPAA privacy regulation). (B) Definitions.--In this paragraph: (i) Assistive telehealth consultation.--The term ``assistive telehealth consultation'' has the meaning given such term in section 1834(m)(9)(E) of the Social Security Act (42 U.S.C. 1395m(m)(9)(F)). (ii) Emergency period.--The term ``emergency period'' has the meaning as such term is described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b- 5(g)(1)(B)). (iii) HIPAA privacy regulation.--The term ``HIPAA privacy regulation'' has the meaning given such term in section 1180(b)(3) of the Social Security Act (42 U.S.C. 1320d-9(b)(3)). (iv) Test.--The term ``test'' has the meaning as such term is described in section 1834(m)(9)(C) of the Social Security Act (42 U.S.C. 1395m(m)(9)(C)). .(b) No Payment for Certain In-Person Test After Telehealth Test During the COVID-19 Emergency Period.-- (1) In general.--Section 1833(h) of the Social Security Act (42 U.S.C. 1395l(h)) is amended-- (A) in paragraph (1)(A), by striking ``Subject to section 1834(d)(1)'' and inserting ``Subject to section 1834(a)(1) and paragraph (10)''; and (B) by adding at the end the following new paragraph: ``(10) During the emergency period described in section 1135(g)(1)(B), the Secretary may not make payment for a test described in section 1834(m)(9)(C) that is furnished in-person by a physician or practitioner to an individual if a physician or practitioner has previously ordered such a test via a telecommunications system pursuant to section 1834(m)(9)(A), unless the physician or practitioner determines such a test is medically necessary and appropriate (as determined by the Secretary).''. (2) Report.--Not later than 1 year after the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)), the Inspector General of the Department of Health and Human Services shall review claims for payment for tests described in section 1834(m)(9)(C) of such Act (42 U.S.C. 1395m(m)(9)(C)) furnished during such emergency period and submit to Congress a report on any instances of waste, fraud, or abuse identified through such review. (c) Conforming Amendments.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)(X)), as amended by subsection (a), is further amended-- (1) in paragraph (1), by striking ``Subject to paragraph (8)'' and inserting ``Subject to paragraphs (8) and (9)''; (2) in paragraph (2), by striking ``Subject to paragraph (8)'' and inserting ``Subject to paragraphs (8) and (9)''; and (3) in paragraph (4)(C)(ii)(X), by striking ``telehealth services described in paragraph (7)'' and inserting ``telehealth services described in paragraph (7) or (9)''. all
H.R. 319 (Introduced in House) - To authorize an additional district judgeship for the district of Idaho.	https://www.govinfo.gov/content/pkg/BILLS-117hr319ih/html/BILLS-117hr319ih.htm	DOC 117th CONGRESS 1st Session H. R. 319 To authorize an additional district judgeship for the district of Idaho. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Simpson (for himself and Mr. Fulcher) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To authorize an additional district judgeship for the district of Idaho. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DISTRICT JUDGESHIP FOR THE DISTRICT OF IDAHO. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho. (b) Technical and Conforming Amendment.--In order that the table contained in section 133(a) of title 28, United States Code, will reflect the change in the number of judgeships authorized by subsection (a), such table is amended by striking the item relating to Idaho and inserting the following: ``Idaho.................................................... 3''. all
H.R. 31 (Introduced in House) - Health Coverage Choice Act	https://www.govinfo.gov/content/pkg/BILLS-117hr31ih/html/BILLS-117hr31ih.htm	DOC 117th CONGRESS 1st Session H. R. 31 To amend title XXVII of the Public Health Service Act to provide for a definition of short-term limited duration insurance, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XXVII of the Public Health Service Act to provide for a definition of short-term limited duration insurance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Coverage Choice Act''. SEC. 2. DEFINITION OF SHORT-TERM LIMITED DURATION INSURANCE. Section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg- 91(b)) is amended by adding at the end the following new paragraph: ``(6) Short-term limited duration insurance.--The term `short-term limited duration insurance' means health insurance coverage provided under a contract with a health insurance issuer that-- ``(A) has an expiration date specified in the contract that is less than 12 months after the original effective date of the contract; and ``(B) has a duration of not more than 3 years (taking into account renewals or extensions) after the original effective date of the contract.''. all
H.R. 320 (Introduced in House) - Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr320ih/html/BILLS-117hr320ih.htm	DOC 117th CONGRESS 1st Session H. R. 320 To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Simpson (for himself and Mr. Fulcher) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2021''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. California, Guam, Hawaii, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''. SEC. 4. JUDGESHIPS. (a) New Judgeships.-- (1) For former ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit. The official duty station of a judge appointed under this paragraph shall be in Arizona, California, or Nevada. (2) For new ninth circuit.--The President shall appoint, by and with the advice and consent of the Senate, 3 circuit judges for the new ninth circuit. The judges authorized by this paragraph shall not be appointed before January 21, 2021. (b) Temporary Judgeships.-- (1) Appointment of judges.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit. The official duty station of a judge appointed under this paragraph shall be in Arizona, California, or Nevada. (2) Effect of vacancies.--The first 2 vacancies occurring on the new ninth circuit 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective Date.--This section shall take effect on the date of the enactment of this Act. SEC. 5. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................................... 25''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth.................................................. 9''. SEC. 6. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth.................................. Honolulu, San Francisco, Pasadena.''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth................................ Phoenix, Seattle.''. SEC. 7. ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Except as provided in subsection (b), each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. (b) Special Rule To Ensure Statutory Distribution of Judges.--If the assignment of judges under subsection (a) would result in a number of judges in either the new ninth circuit or the twelfth circuit that exceeds the number provided for that circuit in the table contained in section 44(a) of title 28, United States Code, as amended by section 5 of this Act, then a number of judges accounting for such excess who are the least senior in commission shall be assigned to the other circuit. SEC. 8. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 9. SENIORITY OF JUDGES. The seniority of each judge-- (1) who is assigned under section 7, or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former ninth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. SEC. 11. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES BETWEEN CIRCUITS. Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. ``(d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.''. SEC. 12. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES BETWEEN CIRCUITS. Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections: ``(f) The chief judge of the Ninth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. ``(g) The chief judge of the Twelfth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. ``(h) Any designation and assignment of a judge under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated and assigned.''. SEC. 13. ADMINISTRATIVE COORDINATION. Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(i) Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation.''. SEC. 14. ADMINISTRATION. The United States Court of Appeals for the Ninth Circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes upon the expiration of the 2-year period beginning on the effective date of this Act. SEC. 15. EFFECTIVE DATE. Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on the first day of the first fiscal year that begins after the expiration of the 9-month period beginning on the first date on which 5 of the judges authorized to be appointed under section 4 have been confirmed by the United States Senate. SEC. 16. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities. all
H.R. 321 (Introduced in House) - FEMA Empowering Essential Deliveries Act	https://www.govinfo.gov/content/pkg/BILLS-117hr321ih/html/BILLS-117hr321ih.htm	DOC 117th CONGRESS 1st Session H. R. 321 To authorize the Administrator of the Federal Emergency Management Agency to approve State, local, and Indian tribal government plans to partner with small and mid-size restaurants and nonprofit organizations to provide nutritious meals to individuals in need, to waive certain matching fund requirements, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 13, 2021 Mr. Thompson of California (for himself, Mr. McGovern, Mr. Rodney Davis of Illinois, Mr. Khanna, Mr. Lowenthal, Mr. Bera, Mr. Panetta, Mr. Carbajal, Mr. Rush, Ms. Meng, Mr. Blumenauer, Mr. Costa, Mr. Cardenas, Mr. Cooper, Mr. Garamendi, Mrs. Hayes, Ms. Norton, Ms. Kuster, Mr. McNerney, Ms. Pingree, Mr. Ryan, Ms. Sanchez, Ms. Titus, Mr. Huffman, Ms. Eshoo, Mr. Foster, Mr. Lamb, Ms. Jayapal, Mr. Welch, Ms. Roybal- Allard, and Mrs. Luria) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To authorize the Administrator of the Federal Emergency Management Agency to approve State, local, and Indian tribal government plans to partner with small and mid-size restaurants and nonprofit organizations to provide nutritious meals to individuals in need, to waive certain matching fund requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Empowering Essential Deliveries Act'' or the ``FEED Act''. SEC. 2. STATE AND LOCAL PLANS FOR MEAL DELIVERY. (a) In General.--During the period following the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), and under any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declaration, the Administrator of the Federal Emergency Management Agency may approve plans from State, local, and Indian tribal governments that meet the requirements of subsection (b). (b) Requirements.--To be eligible to provide food services set forth in this subsection, a State, local, or Indian tribal government shall establish a network to coordinate food distribution and delivery that includes a detailed plan to-- (1) establish contracts with small and mid-sized restaurants and non-profits, including faith-based organizations and soup kitchens to prepare healthy meals for people in need; and (2) partner with non-profit organizations, including faith- based organizations and soup kitchens to purchase directly from food producers and farmers. (c) Waiver of Matching Requirements.--During the period referred to in subsection (a), the Administrator shall waive the matching requirements of section 403(b) and 503(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b(b) and 42 U.S.C. 5193(a), respectively). all
H.R. 322 (Introduced in House) - Save Democracy Act	https://www.govinfo.gov/content/pkg/BILLS-117hr322ih/html/BILLS-117hr322ih.htm	DOC 117th CONGRESS 1st Session H. R. 322 To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote integrity in voter registration, the casting of ballots, and the tabulation of ballots in elections for Federal office, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Banks (for himself, Mrs. Cammack, Mr. Steube, Mr. Hern, Mr. Norman, Mr. Budd, Mr. Good of Virginia, Mr. Weber of Texas, Mr. Walberg, Mr. Allen, Mr. McKinley, Mr. Pfluger, Ms. Herrell, Mr. Meuser, Mr. Higgins of Louisiana, Ms. Malliotakis, Mr. Barr, Mr. Wenstrup, Mr. Jackson, Mr. Armstrong, Mr. Gooden of Texas, Mr. Babin, Mrs. Walorski, Mr. Waltz, Mr. Arrington, Mr. Aderholt, Mr. Austin Scott of Georgia, Mr. Duncan, Mr. Gibbs, Mr. Posey, and Mr. Reschenthaler) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote integrity in voter registration, the casting of ballots, and the tabulation of ballots in elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Save Democracy Act''. (b) Findings.--Congress finds the following: (1) Congress recognizes that the legitimacy of the United States representative democracy rests on the integrity of our Federal elections and confidence our citizens have in them. (2) Consistent with article I, section 4, clause 1 of the Constitution of the United States and the principles of federalism, primary authority to regulate Federal elections is reserved to the States, while Congress's role is secondary. (3) While exercising its primary role in determining the manner in which Federal elections shall be carried out, States must seek to protect the fairness, accessibility, and integrity of the elections. (4) Congress should limit its secondary role in regulating Federal elections to instances in which State regulation of Federal elections has contributed to or proven unsuccessful in preventing impropriety. SEC. 2. INTEGRITY IN VOTER REGISTRATION. (a) Prohibiting Automatic Voter Registration.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Prohibiting Registration Pursuant to Automatic Voter Registration System.-- ``(1) Prohibition.--A State may not register an individual to vote in elections for Federal office pursuant to an automatic voter registration system. ``(2) Definition.--In this subsection, an `automatic voter registration system' means, with respect to a State, a system that registers an individual to vote in elections for Federal office in the State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections.''. (b) Prohibiting Registration To Vote of Individuals Who Fail To Provide Proof of United States Citizenship.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by subsection (a), is amended-- (1) by redesignating subsection (k) as subsection (l); and (2) by inserting after subsection (j) the following new subsection: ``(k) Prohibiting Registration of Individuals Not Providing Proof of United States Citizenship.-- ``(1) Prohibition.--Notwithstanding any other provision of this Act, a State may not register an individual to vote in elections for Federal office held in the State unless, at the time the individual applies to register to vote, the individual provides documentary proof that the individual is a citizen of the United States, which shall consist of any of the following (or a photocopy thereof): ``(A) A certified birth certificate issued by a State or unit of local government in a State. ``(B) A valid United States passport. ``(C) A Consular Report of Birth Abroad issued by the Secretary of State. ``(D) A Naturalization Certificate or Certificate of Citizenship issued by the Secretary of Homeland Security. ``(2) Applicability.--Paragraph (1) applies with respect to an individual who applies to register to vote under section 5, 6, or 7 (including an individual who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9), or who applies under any other method of voter registration available in the State.''. (c) Requiring Applicants for Voter Registration To Provide Full Social Security Numbers.-- (1) Requirement.--Section 303(a)(5)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(5)(A)) is amended to read as follows: ``(A) Requiring applicants to provide full social security number.--Notwithstanding any other provision of law, an application for voter registration for an election for Federal office may not be accepted or processed by a State unless the application includes the applicant's full Social Security number.''. (2) Conforming amendment relating to certain voters registering by mail.--Section 303(b)(3)(B)(i) of such Act (52 U.S.C. 21083(b)(3)(B)(i)) is amended by striking ``either--'' and all that follows through ``; and'' and inserting ``the individual's full Social Security number; and''. (3) Conforming amendment relating to waiver of privacy act.--Section 303(c) of such Act (52 U.S.C. 21083(c)) is amended to read as follows: ``(c) Permitted Use of Social Security Numbers.--Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note) does not apply to the use of a Social Security number under subsection (a)(5)(A) or subsection (b)(3)(B)(i).''. (d) Ensuring Provision of Information to State Election Officials on Individuals Recused From Jury Service on Grounds of Noncitizenship.-- (1) Requiring state election officials to coordinate information on recusal as part of maintenance of statewide voter registration list.--Subparagraph (A) of section 303(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(2)) is amended-- (A) by redesignating clause (iii) as clause (iv); and (B) by inserting after clause (ii) the following new clause: ``(iii) For purposes of removing names of ineligible voters from the official list of eligible voters by reason of citizenship status, the State shall coordinate the computerized list with records of courts which have recused individuals from serving on a jury on the grounds that the individuals are not citizens of the United States.''. (2) Requiring notification by courts.-- (A) Requirement described.--If a United States district court or a court of any State or local jurisdiction recuses an individual from serving on a jury on the grounds that the individual is not a citizen of the United States, the court shall transmit a notice of the individual's recusal-- (i) to the chief State election official of the State in which the individual resides; and (ii) to the Attorney General. (B) Definitions.--For purposes of this subsection-- (i) the ``chief State election official'' of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State's responsibilities under such Act; and (ii) the term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (e) Effective Date.--This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to applications for voter registration which are submitted on or after such date. SEC. 3. INTEGRITY IN CASTING OF BALLOTS. (a) Promoting Integrity in Casting of Ballots.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. PROMOTING INTEGRITY IN CASTING OF BALLOTS. ``(a) Requiring Provision of Identification as Condition of Voting.-- ``(1) Individuals voting in person.--Notwithstanding any other provision of law, the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a current and valid identification. ``(2) Individuals voting other than in person.-- Notwithstanding any other provision of law, the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a current and valid identification. ``(3) Current and valid identification defined.--In this subsection, a `current and valid identification' means a current and valid version of any of the following: ``(A) An identification issued by a State or a unit of local government in a State. ``(B) A United States passport. ``(C) A military identification card. ``(D) An identification issued by a tribal government. ``(b) Prohibiting Delivery of Ballots by Mail Unless Requested.--A State may not deliver a ballot in an election for Federal office to an individual by mail unless the individual requests that the State deliver the ballot to the individual by mail. ``(c) Prohibiting Use of Drop Boxes for Collection of Ballots.--A State may not use a drop box for the collection of voted absentee ballots in an election for Federal office unless the drop box is located inside a building which serves as an office for a State or local election official. ``(d) Restrictions on Delivery of Voted Ballots by Third Parties.-- A State may not accept a voted absentee ballot in an election for Federal office which is delivered in person to an election official by any individual other than the voter to whom the ballot was transmitted, other than an individual described as follows: ``(1) An election official while engaged in official duties as authorized by law. ``(2) An employee of the United States Postal Service while engaged in official duties as authorized by law. ``(3) Any other individual who is allowed by law to collect and transmit United States mail, while engaged in official duties as authorized by law. ``(e) Prohibiting Acceptance of Absentee Ballots Received After Date of Election.--A State may not accept a voted absentee ballot in an election for Federal office which is not received by the appropriate State or local election official prior to the time at which the polls in the election close on the date of the election. ``(f) Use of Social Security Numbers To Cross-check Identifications of Individuals Casting Ballots in an Election With Individuals Registered To Vote in the Election.-- ``(1) Requirement.--Immediately upon the closing of the polls in an election for Federal office, each State shall verify the identification of each individual who cast a ballot in the election by carrying out a cross-check of the individual's identification with the individual's identification in the official list of individuals who are registered to vote in the election, using the individual's full Social Security number as the method for determining the individual's identification. ``(2) Report to congress.--Not later than 7 days after the closing of the polls in an election for Federal office, the State shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the State's compliance with subsection (a), and shall include in the report-- ``(A) the percentage of individuals who cast votes in the election whose identifications were verified by the State under such subsection; and ``(B) the number of individuals who cast votes in the election, or who attempted to cast votes in the election, whose identifications could not be verified by the State under such subsection. ``(g) Exception for Absent Military and Overseas Voters.--This section does not apply with respect to any individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). ``(h) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in 2022 and any succeeding election for Federal office.''. (b) Conforming Amendment Relating to Existing Identification Requirements.--Section 303 of such Act (52 U.S.C. 21083) is amended-- (1) by striking subsection (b); and (2) in subsection (c), as amended by section 2(c)(3), by striking ``or subsection (b)(3)(B)(i)''. (c) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (d) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following: ``Sec. 304. Promoting integrity in casting of ballots.''. SEC. 4. INTEGRITY IN TABULATION OF BALLOTS. (a) Promoting Integrity.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3(a), is amended-- (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following new section: ``SEC. 305. PROMOTING INTEGRITY IN TABULATION OF BALLOTS. ``(a) Minimum Presence of Election Observers.--The appropriate State or local election official shall permit at least 2 representatives of each candidate appearing on the ballot in a general election for Federal office to observe the tabulation of the ballots in the election. ``(b) Continuous Tabulation of Ballots Until Completion.-- ``(1) In general.--Upon the closing of the polls on the date of an election for Federal office, the appropriate State or local election official shall continue the tabulation of the ballots cast in the election without interruption (other than an interruption caused by an emergency affecting the health or safety of the election officials carrying out the tabulation) until each lawfully cast ballot has been tabulated. ``(2) Exception for provisional ballots.--Paragraph (1) does not apply with respect to the tabulation of any provisional ballot cast in the election. ``(c) Post-Election Audit.--Not later than 30 days after each election for Federal office held in the State, each State shall conduct and publish an audit of the effectiveness and accuracy of the voting systems used to carry out the election and the performance of the State and local election officials who carried out the election. ``(d) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in 2022 and any succeeding election for Federal office.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111), as amended by section 3(c), is amended by striking ``and 304'' and inserting ``304, and 305''. (c) Clerical Amendment.--The table of contents of such Act, as amended by section 3(d), is amended-- (1) by redesignating the items relating to sections 305 and 306 as relating to section 306 and 307; and (2) by inserting after the item relating to section 304 the following new item: ``Sec. 305. Promoting integrity in tabulation of ballots.''. all
"H.R. 323 (Introduced in House)- To award a Congressional Gold Medal to Carrie Beatrice Mudear Sager, 
in recognition of her service to her community and nation, for peace, 
racial justice, and human rights."	https://www.govinfo.gov/content/pkg/BILLS-117hr323ih/html/BILLS-117hr323ih.htm	DOC 117th CONGRESS 1st Session H. R. 323 To award a Congressional Gold Medal to Carrie Beatrice ``Mudear'' Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Ms. Bass introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To award a Congressional Gold Medal to Carrie Beatrice ``Mudear'' Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) Carrie Beatrice ``Mudear'' Sager was born on September 5, 1913 in Autauga County, Alabama to the late Mr. James Hardy and Mrs. Laura Hardy. (2) She was a foot soldier who marched with Dr. Martin Luther King Jr. in Selma, Alabama in 1963. Ms. Sager was dedicated to fighting for racial and social justice, she risked her own life countless times being a voice for others. Her commitment is demonstrated through her years of bravery and activism. (3) Ms. Sager was known for organizing the well-known Children's March of May 2, 1963 led by Dr. Martin Luther King Jr. This protest led to hundreds of students being arrested and taken to jail in paddy wagons and school buses. (4) She was a victim of police brutality and experienced the brute force of hoses and dogs as law enforcement used them as weapons against her and peaceful protestors during the Southern Christian Leadership Conference's Birmingham Campaign. (5) She was a fearless woman who stood up to the KKK by picketing and boycotting white businesses in Bessemer and Birmingham Alabama, demanding equal treatment of Black people across this nation. (6) She demonstrated heroism as she marched the infamous Edmund Pettus Bridge on Bloody Sunday, March 7th, 1965. This was a day in which police attacked Civil Rights activists with tear gas, billy clubs, and horses as demonstrators were headed to the State Capitol in Montgomery, Alabama. (7) Ms. Sager was a woman of God and an active member of Starlight Missionary Baptist Church, where she was named ``Mother of the Church''. (8) Carrie Beatrice ``Mudear'' Sager passed away November 20, 2014 at the age of 101. She will be remembered for her tenacity and unwavering dedication to fighting for human rights and ensuring equality and peace across this nation. (9) She was loved and cherished by many and her legacy will live on through her family. She left this earth with five children: Sam Sager, Jr., Will Sager, Lurlean Sager Burnette, Florabell Sager McQueen, and Mary Sager Davis. Mudear's ten grandchildren are as follows: Cora Jean Douglass, Martha Jean McQueen, Will Sager Jr., Valerie Sager Seals, Veronica Sager Seals, Vernon T. Sager Sr., Vayonna L. Sager, Loretta Lusane Philips, Clarence Lusane, and Tanya Davis McCullough. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorization.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design to the Carrie Beatrice ``Mudear'' Sager, in recognition of her service to her community and nation, for peace, racial justice, and human rights. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution and the medal will be available for display at the National Museum of African American History and Culture. SEC. 3. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for the purposes of chapter 51 of title 31, United States Code. all
"H.R. 324 (Introduced in House)- To specify the Federal share of the costs of certain duty of the 
National Guard in connection with the Coronavirus Disease 2019."	https://www.govinfo.gov/content/pkg/BILLS-117hr324ih/html/BILLS-117hr324ih.htm	DOC 117th CONGRESS 1st Session H. R. 324 To specify the Federal share of the costs of certain duty of the National Guard in connection with the Coronavirus Disease 2019. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mrs. Bustos (for herself and Mr. Ryan) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To specify the Federal share of the costs of certain duty of the National Guard in connection with the Coronavirus Disease 2019. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FEDERAL SHARE OF COSTS OF CERTAIN DUTY OF MEMBERS OF THE NATIONAL GUARD IN CONNECTION WITH THE CORONAVIRUS DISEASE 2019. (a) Federal Share.--The Federal share of the costs of duty performed by members of the National Guard under section 502(f) of title 32, United States Code, for a mission assignment validated by the Federal Emergency Management Agency (FEMA) pursuant to a declaration specified in subsection (b) shall be 100 percent. (b) Declarations.--A declaration specified in this subsection is any declaration as follows: (1) A major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to the Coronavirus Disease 2019 (COVID-19). (2) An emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) with respect to the Coronavirus Disease 2019. (3) A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019. (4) A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to the Coronavirus Disease 2019. all
H.R. 325 (Introduced in House) - Living Wage Now Act	https://www.govinfo.gov/content/pkg/BILLS-117hr325ih/html/BILLS-117hr325ih.htm	DOC 117th CONGRESS 1st Session H. R. 325 To provide for increases in the Federal minimum wage to $15 an hour. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Cohen introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To provide for increases in the Federal minimum wage to $15 an hour. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Living Wage Now Act''. SEC. 2. MINIMUM WAGE INCREASES. (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $15 an hour, beginning on the effective date under section 3 of the Living Wage Now Act;''. SEC. 3. GENERAL EFFECTIVE DATE. Except as otherwise provided in this Act or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the first day of the third month that begins after the date of enactment of this Act. all
H.R. 326 (Introduced in House) - Saving the Civil Service Act	https://www.govinfo.gov/content/pkg/BILLS-117hr326ih/html/BILLS-117hr326ih.htm	DOC 117th CONGRESS 1st Session H. R. 326 To nullify the Executive Order 13957 entitled ``Executive Order on Creating Schedule F In The Excepted Service'', and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Connolly (for himself, Ms. Norton, Mr. Sarbanes, Mr. Beyer, Mr. Raskin, Mr. Hoyer, Mr. Trone, Mr. Brown, Mrs. Carolyn B. Maloney of New York, and Ms. Wexton) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To nullify the Executive Order 13957 entitled ``Executive Order on Creating Schedule F In The Excepted Service'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving the Civil Service Act''. SEC. 2. NULLIFICATION OF EXECUTIVE ORDER 13957 RELATING TO SCHEDULE F IN THE EXCEPTED SERVICE. (a) Rescission.-- (1) In general.--The provisions of the Executive Order 13957 (relating to Executive Order on Creating Schedule F In The Excepted Service), issued on October 21, 2020, are rescinded and shall have no force or effect. (2) Effective date.--This subsection shall take effect as if enacted on October 21, 2020. (b) Limitation on Funds.--No Federal funds may be used to implement, administer, or otherwise carry out the Executive Order described in subsection (a)(1), or any successor Executive Order or regulation. SEC. 3. LIMITATIONS ON CONVERSIONS OF POSITIONS AND APPOINTMENTS. (a) Prohibition.--Notwithstanding any other law, rule, or regulation, and except as provided in subsection (b)-- (1) a position in the competitive service or the Senior Executive Service may not be converted to a position in the excepted service; and (2) an individual serving in an appointment in the competitive service or the Senior Executive Service may not be converted to an appointment in the excepted service. (b) Conversions and Appointments Reversed.--Notwithstanding subsection (a)-- (1) any position in the competitive service that was converted to a position in the excepted service under Executive Order 13957 during the period beginning on October 21, 2020, and ending on the date of enactment of this Act shall be converted to a position in the competitive service; (2) any individual serving in an appointment in the competitive service who was converted to an appointment in the excepted service under such Executive Order during such period shall be converted to an appointment in the competitive service; (3) any individual serving in an appointment in the excepted service who was transferred to schedule F from any of schedules A, B, C, D, or E in the excepted service during such period shall be transferred to such schedule A, B, C, D, or E (as the case may be); (4) any individual noncompetitively appointed to any position under schedule F during such period shall be transferred to schedule C in the excepted service; and (5) any individual serving in the Senior Executive Service as a limited term appointee, limited emergency appointee, or noncareer appointee (as those terms are defined in paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code) and who was converted to an appointment in the excepted service under such Executive Order during such period shall be converted to such appointee position in the Senior Executive Service. (c) Political Appointees Noncompetitively Appointed or Transferred to Schedule F Positions.--Any individual described in subsection (b)(3), (b)(4), or (b)(5)-- (1) may not be converted to a position or appointment in the competitive service; (2) may not acquire competitive status under any conversion carried out under this section; and (3) shall not be afforded any employment protections established under section 6 of the Executive Order 13957. (d) Reinstatement.--Any individual occupying a position that was converted from the competitive service to the excepted service under the Executive Order 13957, and any individual whose appointment was converted from the competitive service to the excepted service under such Executive Order, who was involuntarily removed from the civil service during the period beginning on October 21, 2020, and ending on the date of enactment of this Act shall be appointed by reinstatement with backpay in accordance with section 5596 of title 5, United States Code. (e) Definitions.--In this section-- (1) the terms ``civil service'', ``competitive service'', and ``excepted service'' have the meaning given those terms in sections 2101(1), 2102, and 2103, respectively, of title 5, United States Code; and (2) the term ``schedule F'' means schedule F in the excepted service established under Executive Order 13957. all
H.R. 327 (Introduced in House) - End Dark Money Act	https://www.govinfo.gov/content/pkg/BILLS-117hr327ih/html/BILLS-117hr327ih.htm	DOC 117th CONGRESS 1st Session H. R. 327 To repeal the restriction on the use of funds by the Internal Revenue Service to bring transparency to the political activity of certain nonprofit organizations. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Crow (for himself, Mr. Sarbanes, Mr. Lieu, Mr. McGovern, and Ms. Porter) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To repeal the restriction on the use of funds by the Internal Revenue Service to bring transparency to the political activity of certain nonprofit organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Dark Money Act''. SEC. 2. REPEAL OF RESTRICTION OF USE OF FUNDS BY INTERNAL REVENUE SERVICE TO BRING TRANSPARENCY TO POLITICAL ACTIVITY OF CERTAIN NONPROFIT ORGANIZATIONS. Section 122 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) shall have no force or effect during fiscal year 2021. all
H.R. 328 (Introduced in House) - Wall Street Tax Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr328ih/html/BILLS-117hr328ih.htm	DOC 117th CONGRESS 1st Session H. R. 328 To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. DeFazio (for himself, Mr. Clyburn, Mr. Blumenauer, Mr. Raskin, Ms. Norton, Mr. Takano, Mr. Welch, Ms. Pressley, Mrs. Napolitano, Mr. Smith of Washington, Mr. Ryan, Ms. Jayapal, Mr. Khanna, and Mr. Garcia of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to impose a tax on certain trading transactions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wall Street Tax Act of 2021''. SEC. 2. TRANSACTION TAX. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: ``Subchapter C--Tax on Trading Transactions ``Sec. 4475. Tax on trading transactions. ``Sec. 4476. Derivative defined. ``SEC. 4475. TAX ON TRADING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed a tax on each covered transaction with respect to any security. ``(b) Rate of Tax.--The tax imposed under subsection (a) with respect to any covered transaction shall be 0.1 percent of the specified base amount with respect to such covered transaction. ``(c) Specified Base Amount.--For purposes of this section, the term `specified base amount' means-- ``(1) except as provided in paragraph (2), the fair market value of a security (determined as of the time of the covered transaction), and ``(2) in the case of any payment with respect to a derivative, the amount of such payment. ``(d) Covered Transaction.--For purposes of this section-- ``(1) In general.--The term `covered transaction' means-- ``(A) except as provided in subparagraph (B), any purchase if-- ``(i) such purchase occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) the purchaser or seller is a United States person, and ``(B) any transaction with respect to a derivative if-- ``(i) such derivative is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, or ``(ii) any party with rights under such derivative is a United States person. ``(2) Exception for initial issues.--No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Security.--For purposes of this section, the term `security' means-- ``(A) any share of stock in a corporation, ``(B) any partnership or beneficial ownership interest in a partnership or trust, ``(C) except as provided in paragraph (2), any note, bond, debenture, or other evidence of indebtedness, and ``(D) any derivative (as defined in section 4476). ``(2) Exception for certain traded short-term indebtedness.--A note, bond, debenture, or other evidence of indebtedness which-- ``(A) is traded on, or is subject to the rules of, a qualified board or exchange located in the United States, and ``(B) has a fixed maturity of not more than 100 days, shall not be treated as described in paragraph (1)(C). ``(3) Qualified board or exchange.--The term `qualified board or exchange' has the meaning given such term by section 1256(g)(7). ``(f) By Whom Paid.-- ``(1) In general.--The tax imposed by this section shall be paid by-- ``(A) in the case of a transaction which occurs on, or is subject to the rules of, a qualified board or exchange located in the United States, such qualified board or exchange, and ``(B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)) which is a United States person, such broker. ``(2) Special rules for direct, etc., transactions.--In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by-- ``(A) in the case of a transaction described in subsection (d)(1)(A)-- ``(i) the purchaser if the purchaser is a United States person, and ``(ii) the seller if the purchaser is not a United States person, and ``(B) in the case of a transaction described in subsection (d)(1)(B)-- ``(i) the payor if the payor is a United States person, and ``(ii) the payee if the payor is not a United States person. ``(g) Treatment of Exchanges and Payments With Respect to Derivatives.--For purposes of this section-- ``(1) Treatment of exchanges.-- ``(A) In general.--An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. ``(B) Certain deemed exchanges.--In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. ``(2) Payments with respect to derivatives treated as separate transactions.--Except as otherwise provided by the Secretary, any payment with respect to any derivative shall be treated as a separate transaction for purposes of this section. ``(h) Application to Transactions by Controlled Foreign Corporations.-- ``(1) In general.--For purposes of this section, a controlled foreign corporation shall be treated as a United States person. ``(2) Special rules for payment of tax on direct, etc., transactions.--In the case of any transaction which is a covered transaction solely by reason of paragraph (1) and which is not described in subsection (f)(1)-- ``(A) Payment by united states shareholders.--Any tax which would (but for this paragraph) be payable under subsection (f)(2) by the controlled foreign corporation shall, in lieu thereof, be paid by the United States shareholders of such controlled foreign corporation as provided in subparagraph (B). ``(B) Pro rata shares.--Each such United States shareholder shall pay the same proportion of such tax as-- ``(i) the stock which such United States shareholder owns (within the meaning of section 958(a)) in such controlled foreign corporation, bears to ``(ii) the stock so owned by all United States shareholders in such controlled foreign corporation. ``(C) Definitions.--For purposes of this subsection, the terms `United States shareholder' and `controlled foreign corporation' have the meanings given such terms in sections 951(b) and 957(a), respectively. ``(i) Administration.--The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. ``(j) Guidance; Regulations.--The Secretary shall-- ``(1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, and ``(2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions. ``SEC. 4476. DERIVATIVE DEFINED. ``(a) In General.--For purposes of this subchapter, except as otherwise provided in this section, the term `derivative' means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: ``(1) Any share of stock in a corporation. ``(2) Any partnership or beneficial ownership interest in a partnership or trust. ``(3) Any evidence of indebtedness. ``(4) Except as provided in subsection (b)(1), any real property. ``(5) Any commodity which is actively traded (within the meaning of section 1092(d)(1)). ``(6) Any currency. ``(7) Any rate, price, amount, index, formula, or algorithm. ``(8) Any other item as the Secretary may prescribe. Except as provided in regulations prescribed by the Secretary to prevent the avoidance of the purposes of this subchapter, such term shall not include any item described in paragraphs (1) through (8). ``(b) Exceptions.-- ``(1) Certain real property.-- ``(A) In general.--For purposes of this subchapter, the term `derivative' shall not include any contract with respect to interests in real property (as defined in section 856(c)(5)(C)) if such contract requires physical delivery of such real property. ``(B) Options to settle in cash.-- ``(i) In general.--For purposes of subparagraph (A), a contract which provides for an option of cash settlement shall not be treated as requiring physical delivery of real property unless the option is-- ``(I) not exercisable unconditionally, and ``(II) exercisable only in unusual and exceptional circumstances. ``(ii) Option of cash settlement.--For purposes of clause (i), a contract provides an option of cash settlement if the contract settles in (or could be settled in) cash or property other than the underlying real property. ``(2) Securities lending, sale-repurchase, and similar financing transactions.--To the extent provided by the Secretary, for purposes of this subchapter, the term `derivative' shall not include the right to the return of the same or substantially identical securities transferred in a securities lending transaction, sale-repurchase transaction, or similar financing transaction. ``(3) Options received in connection with the performance of services.--For purposes of this subchapter, the term `derivative' shall not include any option described in section 83(e)(3) received in connection with the performance of services. ``(4) Insurance contracts, annuities, and endowments.--For purposes of this subchapter, the term `derivative' shall not include any insurance, annuity, or endowment contract issued by an insurance company to which subchapter L applies (or issued by any foreign corporation to which such subchapter would apply if such foreign corporation were a domestic corporation). ``(5) Derivatives with respect to stock of members of same worldwide affiliated group.--For purposes of this subchapter, the term `derivative' shall not include any derivative (determined without regard to this paragraph) with respect to stock issued by any member of the same worldwide affiliated group (as defined in section 864(f)) in which the taxpayer is a member. ``(6) Commodities used in normal course of trade or business.--For purposes of this subchapter, the term `derivative' shall not include any contract with respect to any commodity if-- ``(A) such contract requires physical delivery with the option of cash settlement only in unusual and exceptional circumstances, and ``(B) such commodity is used (and is used in quantities with respect to which such derivative relates) in the normal course of the taxpayer's trade or business (or, in the case of an individual, for personal consumption). ``(c) Contracts With Embedded Derivative Components.-- ``(1) In general.--If a contract has derivative and nonderivative components, then each derivative component shall be treated as a derivative for purposes of this subchapter. If the derivative component cannot be separately valued, then the entire contract shall be treated as a derivative for purposes of this subchapter. ``(2) Exception for certain embedded derivative components of debt instruments.--A debt instrument shall not be treated as having a derivative component merely because-- ``(A) such debt instrument is denominated in a nonfunctional currency (as defined in section 988(c)(1)(C)(ii)), or ``(B) payments with respect to such debt instrument are determined by reference to the value of a nonfunctional currency (as so defined). ``(d) Treatment of American Depository Receipts and Similar Instruments.--Except as otherwise provided by the Secretary, for purposes of this subchapter, American depository receipts (and similar instruments) with respect to shares of stock in foreign corporations shall be treated as shares of stock in such foreign corporations.''. (b) Information Reporting With Respect to Controlled Foreign Corporations.--Section 6038(a)(1)(B) of such Code is amended by inserting ``and transactions which are covered transactions for purposes of section 4475 by reason of the application of section 4475(h)(1) to such corporation'' before the semicolon at the end. (c) Conforming Amendment.--The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: ``subchapter c. tax on trading transactions''. (d) Effective Date.--The amendments made by this section shall apply to transactions after December 31, 2021. all
H.R. 329 (Introduced in House) - Puerto Rico Federal Judicial Improvement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr329ih/html/BILLS-117hr329ih.htm	DOC 117th CONGRESS 1st Session H. R. 329 To authorize an additional district judge for the district of Puerto Rico and to convert to permanent status the temporary office of bankruptcy judge for the district of Puerto Rico. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Miss Gonzalez-Colon introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To authorize an additional district judge for the district of Puerto Rico and to convert to permanent status the temporary office of bankruptcy judge for the district of Puerto Rico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Puerto Rico Federal Judicial Improvement Act''. SEC. 2. DISTRICT JUDGESHIP FOR THE DISTRICT OF PUERTO RICO. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Puerto Rico. (b) Technical and Conforming Amendment.--In order that the table contained in section 133(a) of title 28, United States Code, will reflect the change in the number of judgeships authorized by subsection (a), such table is amended by striking the item relating to Puerto Rico and inserting the following: Puerto Rico 8 SEC. 3. CONVERSION OF THE TEMPORARY OFFICE OF BANKRUPTCY JUDGE TO THE PERMANENT OFFICE OF BANKRUPTCY JUDGE FOR THE DISTRICT OF PUERTO RICO. (a) Conversion of Office to Permanent Status.-- (1) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 1223(b)(1)(P) of Public Law 109-8 (119 Stat. 197; 28 U.S.C. 152 note), and extended by section 2(a)(1)(M) of Public Law 112-121 (126 Stat. 346; 28 U.S.C. 152 note) and section 1002(a)(1)(G) of Public Law 115-72 (131 Stat. 1230; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and represented in the amendment made by subsection (b). (2) The temporary office of bankruptcy judge authorized for the district of Puerto Rico by section 3(a)(7) of Public Law 102-361 (106 Stat. 966; 28 U.S.C. 152 note), and extended by section 1223(c)(1) of Public Law 109-8 (119 Stat. 198; 28 U.S.C. 152 note), section 2(b)(1) of Public Law 112-121 (126 Stat. 347; 28 U.S.C. 152 note), and section 1002(b)(1) of Public Law 115-72 (131 Stat. 1230; 28 U.S.C. 152 note), is converted hereby to the permanent office of bankruptcy judge and is represented in the amendment made by subsection (b). (b) Conforming Amendment.--To reflect the conversion of the temporary office of bankruptcy judge to the permanent office of bankruptcy judge made by the operation of subsection (a), section 152(a)(2) of title 28 of the United States Code is amended in the item relating to the district of Puerto Rico by striking ``2'' and inserting ``4''. all
"H.R. 32 (Introduced in House) -To amend the Public Health Service Act to provide for cooperative 
governing of individual health insurance coverage."	https://www.govinfo.gov/content/pkg/BILLS-117hr32ih/html/BILLS-117hr32ih.htm	DOC 117th CONGRESS 1st Session H. R. 32 To amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to provide for cooperative governing of individual health insurance coverage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE. (a) In General.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by adding at the end the following new part: ``PART D--COOPERATIVE GOVERNING OF INDIVIDUAL HEALTH INSURANCE COVERAGE ``SEC. 2795. DEFINITIONS. ``In this part: ``(1) Primary state.--The term `primary State' means, with respect to individual health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. ``(2) Secondary state.--The term `secondary State' means, with respect to individual health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. ``(3) Health insurance issuer.--The term `health insurance issuer' has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. ``(4) Individual health insurance coverage.--The term `individual health insurance coverage' means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). ``(5) Applicable state authority.--The term `applicable State authority' means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. ``(6) Hazardous financial condition.--The term `hazardous financial condition' means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able-- ``(A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or ``(B) to pay other obligations in the normal course of business. ``(7) Covered laws.-- ``(A) In general.--The term `covered laws' means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to-- ``(i) individual health insurance coverage issued by a health insurance issuer; ``(ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage to an individual; ``(iii) the provision to an individual in relation to individual health insurance coverage of health care and insurance related services; ``(iv) the provision to an individual in relation to individual health insurance coverage of management, operations, and investment activities of a health insurance issuer; and ``(v) the provision to an individual in relation to individual health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. ``(B) Exception.--Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. ``(8) State.--The term `State' means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. ``(9) Unfair claims settlement practices.--The term `unfair claims settlement practices' means only the following practices: ``(A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. ``(B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. ``(C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. ``(D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. ``(E) Refusing to pay claims without conducting a reasonable investigation. ``(F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. ``(G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. ``(H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. ``(I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. ``(J) Failing to provide forms necessary to present claims within 15 calendar days of a request with reasonable explanations regarding their use. ``(K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. ``(10) Fraud and abuse.--The term `fraud and abuse' means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: ``(A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: ``(i) An application for the issuance or renewal of an insurance policy or reinsurance contract. ``(ii) The rating of an insurance policy or reinsurance contract. ``(iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. ``(iv) Premiums paid on an insurance policy or reinsurance contract. ``(v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. ``(vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. ``(vii) The financial condition of an insurer or reinsurer. ``(viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. ``(ix) The issuance of written evidence of insurance. ``(x) The reinstatement of an insurance policy. ``(B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer, reinsurer, or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. ``(C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. ``(D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. ``SEC. 2796. APPLICATION OF LAW. ``(a) In General.--The covered laws of the primary State shall apply to individual health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State. ``(b) Exemptions From Covered Laws in a Secondary State.--Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would-- ``(1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer-- ``(A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; ``(B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; ``(C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer's financial condition, if-- ``(i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and ``(ii) any such examination is conducted in accordance with the examiners' handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; ``(D) to comply with a lawful order issued-- ``(i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or ``(ii) in a voluntary dissolution proceeding; ``(E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; ``(F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; ``(G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; ``(H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or ``(I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; ``(2) require any individual health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that Secondary State; or ``(3) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. ``(c) Clear and Conspicuous Disclosure.--A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: ```Notice ```This policy is issued by _____ and is governed by the laws and regulations of the State of _____, and it has met all the laws of that State as determined by that State's Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits.'. ``(d) Prohibition on Certain Reclassifications and Premium Increases.-- ``(1) In general.--For purposes of this section, a health insurance issuer that provides individual health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal-- ``(A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health status-related factors of the individual; or ``(B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. ``(2) Construction.--Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer-- ``(A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; ``(B) from raising premium rates for all policy holders within a class based on claims experience; ``(C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives-- ``(i) are disclosed to the consumer in the insurance contract; ``(ii) are based on specific wellness activities that are not applicable to all individuals; and ``(iii) are not obtainable by all individuals to whom coverage is offered; ``(D) from reinstating lapsed coverage; or ``(E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. ``(e) Prior Offering of Policy in Primary State.--A health insurance issuer may not offer for sale individual health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. ``(f) Licensing of Agents or Brokers for Health Insurance Issuers.--Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. ``(g) Documents for Submission to State Insurance Commissioner.-- Each health insurance issuer issuing individual health insurance coverage in both primary and secondary States shall submit-- ``(1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual health insurance coverage in such State-- ``(A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); ``(B) written notice of any change in its designation of its primary State; and ``(C) written notice from the issuer of the issuer's compliance with all the laws of the primary State; and ``(2) to the insurance commissioner of each secondary State in which it offers individual health insurance coverage, a copy of the issuer's quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by-- ``(A) a member of the American Academy of Actuaries; or ``(B) a qualified loss reserve specialist. ``(h) Power of Courts To Enjoin Conduct.--Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin-- ``(1) the solicitation or sale of individual health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or ``(2) the solicitation or sale of individual health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). ``(i) Power of Secondary States To Take Administrative Action.-- Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State's laws described in section 2796(b)(1). ``(j) State Powers To Enforce State Laws.-- ``(1) In general.--Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). ``(2) Courts of competent jurisdiction.--If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. ``(k) States' Authority To Sue.--Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. ``(l) Generally Applicable Laws.--Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. ``(m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals.--To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. ``SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR BEFORE ISSUER MAY SELL INTO SECONDARY STATES. ``A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. ``SEC. 2798. INDEPENDENT EXTERNAL APPEALS PROCEDURES. ``(a) Right to External Appeal.--A health insurance issuer may not offer, sell, or issue individual health insurance coverage in a secondary State under the provisions of this title unless-- ``(1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage; or ``(2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the `Health Carrier External Review Model Act' of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. ``(b) Qualifications of Independent Medical Reviewers.--In the case of any independent review mechanism referred to in subsection (a)(2)-- ``(1) In general.--In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that-- ``(A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); ``(B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and ``(C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). ``(2) Licensure and expertise.--Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who-- ``(A) is appropriately credentialed or licensed in one or more States to deliver health care services; and ``(B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. ``(3) Independence.-- ``(A) In general.--Subject to subparagraph (B), each independent medical reviewer in a case shall-- ``(i) not be a related party (as defined in paragraph (7)); ``(ii) not have a material familial, financial, or professional relationship with such a party; and ``(iii) not otherwise have a conflict of interest with such a party (as determined under regulations). ``(B) Exception.--Nothing in subparagraph (A) shall be construed to-- ``(i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if-- ``(I) a non-affiliated individual is not reasonably available; ``(II) the affiliated individual is not involved in the provision of items or services in the case under review; ``(III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and ``(IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; ``(ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or ``(iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). ``(4) Practicing health care professional in same field.-- ``(A) In general.--In a case involving treatment, or the provision of items or services-- ``(i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or ``(ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. ``(B) Practicing defined.--For purposes of this paragraph, the term `practicing' means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. ``(5) Pediatric expertise.--In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. ``(6) Limitations on reviewer compensation.--Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall-- ``(A) not exceed a reasonable level; and ``(B) not be contingent on the decision rendered by the reviewer. ``(7) Related party defined.--For purposes of this section, the term `related party' means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: ``(A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. ``(B) The enrollee (or authorized representative). ``(C) The health care professional that provides the items or services involved in the denial. ``(D) The institution at which the items or services (or treatment) involved in the denial are provided. ``(E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. ``(F) Any other party determined under any regulations to have a substantial interest in the denial involved. ``(8) Definitions.--For purposes of this subsection: ``(A) Enrollee.--The term `enrollee' means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. ``(B) Health care professional.--The term `health care professional' means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. ``SEC. 2799. ENFORCEMENT. ``(a) In General.--Subject to subsection (b), with respect to specific individual health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State's covered laws in the primary State and any secondary State. ``(b) Secondary State's Authority.--Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). ``(c) Court Interpretation.--In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. ``(d) Notice of Compliance Failure.--In the case of individual health insurance coverage offered in a secondary State that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to individual health insurance coverage offered, issued, or sold on or after October 1, 2021. (c) GAO Ongoing Study and Reports.-- (1) Study.--The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on-- (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports.--The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). all
H.R. 330 (Introduced in House) - Delivering COVID-19 Vaccinations to All Regions and Vulnerable Communities Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr330ih/html/BILLS-117hr330ih.htm	DOC 117th CONGRESS 1st Session H. R. 330 To direct the Federal Emergency Management Agency to assist States and local governments with the distribution and tracking of vaccines for COVID-19, to direct the Secretary of Health and Human Services to carry out a national program to oversee the collection and maintenance of all Federal and State data on vaccinations of individuals in the United States for COVID-19 to achieve mass vaccination saturation immunity, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Ms. Jackson Lee (for herself, Mr. Payne, Mr. Brown, and Mr. Jones) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the Federal Emergency Management Agency to assist States and local governments with the distribution and tracking of vaccines for COVID-19, to direct the Secretary of Health and Human Services to carry out a national program to oversee the collection and maintenance of all Federal and State data on vaccinations of individuals in the United States for COVID-19 to achieve mass vaccination saturation immunity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Delivering COVID-19 Vaccinations to All Regions and Vulnerable Communities Act of 2021'' or the ``COVID-19 Delivery Act''. SEC. 2. FEMA ASSISTANCE FOR COVID-19 VACCINATIONS. At the request of a State or local government, the Administrator of the Federal Emergency Management Agency shall-- (1) coordinate efforts for vaccine delivery, including from manufacturing sites to inoculation sites; (2) monitor shipments of vaccines through a 24-hour tracking system, including readings on the temperature, real- time location, origin, destination data, anticipated time of arrival, and report to recipients on changes and updates on the progress of their delivery shipments and any changes that may impact expected delivery or the viability of the vaccine while in transit; (3) develop an advanced communication system to allow the Department of Health and Human Services and public health departments to communicate and share information about vaccine readiness, capability of receiving vaccines, delivery locations, details of facility capability of storing and securing vaccines, personnel authorized to receive deliveries, logistics for delivering vaccines to patients, report on vaccine receipts, condition of vaccines, patient reactions, and feedback on how to improve the process; (4) secure transportation for delivery or use of vaccines, and if requested, security for the vaccine delivery sites or inoculation locations to ensure the life and safety of personnel and patients who seek to provide or receive vaccinations free of interference or threat; (5) design custom software applications (Apps) with the Department of Health and Human Services for use by public health agencies and any company or person administering vaccines to provide information to patients on the vaccine being received, the date of a second dose and the location of the dose if required, including generating a token that corresponds to an individual's vaccination record to ensure that the right vaccine is administered and if a second inoculation is required and to ensure that an individual is not vaccinated with different vaccines, and any additional information that may be pertinent in the future; (6) develop a public education and patient engagement program about the safety and availability of vaccines that also ensures that individuals in areas and locations where vulnerable populations often do not have easy access to health care or vaccinations are informed about vaccine availability; and (7) acting through the Department of Health and Human Services, provide additional vaccination centers, in addition to State and local government sites, to augment vaccinations occurring within such States and local governments to address access to at-risk communities when vaccination rates are below 80 percent for a population residing with in a census block or track that is experiencing a greater incidence of serious complications, such as hospitalizations and deaths that are above the proportional representation of the at-risk group when compared to the general population, establishing the need for a targeted vaccination effort to reduce the incidence of infections for those individuals at greatest risk for hospitalizations and death from COVID-19. SEC. 3. CDC REQUIREMENTS. The Centers for Disease Control and Prevention shall track the dissemination of inoculations and report on efficiencies, effectiveness, or deficiencies of local and State COVID-19 vaccination programs, including the availability of certified individuals under Federal, State, or territorial authority to administer a vaccination under State law, and report to Congressional oversight committees in the House of Representatives and the Senate on findings and recommendations. SEC. 4. HHS MANAGEMENT OF COVID-19 VACCINATION DATA TO ACHIEVE MASS VACCINATION SATURATION IMMUNITY. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall carry out a national program to oversee the collection and maintenance of all Federal and State data on vaccinations of individuals in the United States for COVID-19, including tracking booster vaccinations, to achieve mass vaccination saturation immunity. (b) Applicable Privacy Law; Penalties.-- (1) In general.--The Secretary shall maintain data on vaccinations for COVID-19 in accordance with all applicable privacy and security law, including HIPAA privacy and security law (as defined in section 3009(a)(2) of the Public Health Service Act (42 U.S.C. 300jj-19(a)(2)). (2) Penalties.--Any person who discloses or uses data on vaccinations for COVID-19 in violation of any provision of law referred to in paragraph (1)-- (A) shall be imprisoned for not more than 5 years, or fined in accordance with title 18, or both; and (B) shall be subject, in addition to any other penalties that may be prescribed by law, to a civil money penalty of not more than $10,000 for each such violation. (c) Data Retention Limitation.--The Secretary shall destroy any data maintained pursuant to subsection (a) by the end of the 5-year period beginning on the date of receipt or collection of the data, whichever is later. (d) Transmission of State Data.--The Secretary shall take such steps as may be necessary to encourage and assist each State in transmitting to the Secretary on an ongoing basis the State's data with respect to vaccination of individuals in such State for COVID-19. (e) Ombudsman.--The Secretary shall appoint an ombudsman to-- (1) support public and stakeholder input on the activities carried out pursuant to this section; (2) provide advocacy and advice for those who elect not to be vaccinated for COVID-19; and (3) champion the privacy and civil liberty rights of individuals in the United States in connection with vaccination for COVID-19. (f) Collaboration.--In carrying out this section, the Secretary shall collaborate with stakeholders in establishing vaccine inoculation centers in locations including-- (1) stadiums, arenas, elementary and secondary schools, colleges and universities, and places of worship; and (2) other locations determined by the Secretary to be conducive to reaching the greatest number of people in need of inoculations for COVID-19. (g) Advisory Board.--For the purpose achieving mass vaccination saturation immunity to COVID-19 in the United States, the Secretary shall establish a stakeholder advisory board to support the collaboration and cooperation of entities including Federal, State, and local governments, businesses, colleges, universities, elementary and secondary schools, hospitals, clinics, professional medical associations, and such other entities as the Secretary determines to be essential to such purpose. (h) Reports.--On a daily or weekly basis, subject to subsection (b), the Secretary shall submit to the Congress and make public reports on the activities carried out under this section, including such data as the Director of the Centers for Disease Control and Prevention determines to be relevant to analyzing inoculation statistics and progress toward achieving mass vaccination saturation immunity. all
H.R. 331 (Introduced in House) - Nurses Certification And Recognition of Experience Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr331ih/html/BILLS-117hr331ih.htm	DOC 117th CONGRESS 1st Session H. R. 331 To amend titles XVIII and XIX of the Social Security Act to provide flexibility in training and competency requirements for skilled nursing facility and nursing facility nursing aides under the Medicare and Medicaid programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Keller (for himself and Ms. Wild) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend titles XVIII and XIX of the Social Security Act to provide flexibility in training and competency requirements for skilled nursing facility and nursing facility nursing aides under the Medicare and Medicaid programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurses Certification And Recognition of Experience Act of 2021'' or the ``Nurses CARE Act of 2021''. SEC. 2. PROVIDING FLEXIBILITY IN TRAINING AND COMPETENCY REQUIREMENTS FOR SKILLED NURSING FACILITY AND NURSING FACILITY NURSING AIDES UNDER THE MEDICARE AND MEDICAID PROGRAMS. (a) In General.--Sections 1819(b)(5) and 1919(b)(5) of the Social Security Act (42 U.S.C. 1395i-3(b)(5), 1396r(b)(5)) are each amended-- (1) in subparagraph (A)(i)(I), by inserting ``(or, in the case of a specified individual (as defined in subparagraph (H)(ii)), meets the requirement described in subparagraph (H)(i))'' after ``subsection (e)(1)(A)''; and (2) by adding at the end the following new subparagraph: ``(H) COVID-19 training and competency requirement flexibility.-- ``(i) In general.--For purposes of subparagraph (A)(i)(I), the requirement described in this clause is, with respect to a specified individual (as defined in clause (ii)), that the individual demonstrates competency in work as a nursing aide through-- ``(I) the successful completion of a nursing aide examination approved by the State; ``(II) certification of competency by a site administrator of a nursing aide apprenticeship program approved by the State; or ``(III) an assessment by the facility in each of the areas and skills described in section 583.152(b) of title 42, Code of Federal Regulations (or a successor regulation). ``(ii) Specified individual defined.--For purposes of this subparagraph, the term `specified individual' means an individual who, during the emergency period described in section 1135(g)(1)(B)-- ``(I) completed a nursing aide training program and competency assessment (whether online or otherwise) approved by the State; and ``(II) completed a minimum of 80 hours of work as a temporary nurse aide, in supervised practical nurse aide training, in on-the-job nursing aide training, or in in-service nursing aide education, under the supervision of a registered nurse or a licensed practical nurse.''. (b) Inclusion on Registry.--Section 1819(e)(2)(A) and 1919(e)(2)(A) of the Social Security Act (42 U.S.C. 1395i-3(e)(2)(A), 1396r(e)(2)(A)) are each amended by inserting ``, or any specified individual (as defined in clause (ii) of subsection (b)(5)(H)(ii)) who meets the requirement described in clause (i) of such subsection'' before the period at the end. (c) Educational and Outreach Activities.--The Secretary of Health and Human Services shall undertake outreach and educational activities for purposes of informing States of-- (1) the effects of the amendments made by this section; and (2) what actions States may take with respect to the training and assessment of nursing aides in such State that will comply with the provisions of such amendments. all
H.R. 332 (Introduced in House) - Reducing the Demand for Human Trafficking Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr332ih/html/BILLS-117hr332ih.htm	DOC 117th CONGRESS 1st Session H. R. 332 To amend the Trafficking Victims Protection Act of 2000 to encourage a victim-centered approach to combating human trafficking, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Kinzinger (for himself and Ms. Kelly of Illinois) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Trafficking Victims Protection Act of 2000 to encourage a victim-centered approach to combating human trafficking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing the Demand for Human Trafficking Act of 2021''. SEC. 2. IMPLEMENTING A VICTIM-CENTERED APPROACH TO COMBATING HUMAN TRAFFICKING. Section 107(b)(2) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7105(b)(2)) is amended by adding at the end the following: ``(D) Preferences.--The Attorney General shall provide affirmative preferences to applicants for grant funding under this paragraph whose grant application includes an attestation that grant funds awarded to a State or local law enforcement agency will be used in part to assist in strengthening efforts to reduce demand for human trafficking through the investigation and prosecution of persons who solicit or purchase commercial sex.''. all
H.R. 333 (Introduced in House) - Disabled Veterans Tax Termination Act	https://www.govinfo.gov/content/pkg/BILLS-117hr333ih/html/BILLS-117hr333ih.htm	DOC 117th CONGRESS 1st Session H. R. 333 To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans disability compensation, to extend eligibility for concurrent receipt to chapter 61 disability retirees with less than 20 years of service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Bishop of Georgia introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans disability compensation, to extend eligibility for concurrent receipt to chapter 61 disability retirees with less than 20 years of service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disabled Veterans Tax Termination Act''. SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES. (a) Inclusion of Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Section 1414(a) of title 10, United States Code, is amended-- (1) by striking ``Compensation'' in the subsection heading and all that follows through ``Subject'' and inserting ``Compensation.--Subject''; (2) by striking ``qualifying service-connected disability'' and inserting ``service-connected disability''; and (3) by striking paragraph (2). (b) Inclusion of Disability Retirees With Less Than 20 Years of Service.--Section 1414(b) of title 10, United States Code, is amended-- (1) in paragraph (1), by striking ``member retired'' and inserting ``qualified retiree who is retired''; and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Disability retirees with less than 20 years of service.--The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member's retired pay under such chapter exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''. (c) Conforming Amendments Reflecting End of Concurrent Receipt Phase-In Period.--Section 1414 of title 10, United States Code, is further amended-- (1) in subsection (a), as amended by subsection (a) of this section, by striking the final sentence; (2) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d), as so redesignated, by striking paragraphs (3) and (4). (d) Clerical Amendments.-- (1) Section heading.--The heading for section 1414 of title 10, United States Code, is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation''. (2) Table of sections.--The item relating to such section in the table of sections at the beginning of chapter 71 of title 10, United States Code, is amended to read as follows: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''. (e) Conforming Amendment Reflecting Subsection Redesignation.-- Section 1413a(f) of title 10, United States Code, is amended by striking ``Subsection (d)'' and inserting ``Subsection (c)''. (f) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date. all
H.R. 334 (Introduced in House) - Insurrection Financing Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr334ih/html/BILLS-117hr334ih.htm	DOC 117th CONGRESS 1st Session H. R. 334 To provide law enforcement agencies investigating the January 6th attack on the U.S. Capitol with the authority to require a company to disclose the beneficial owners of the company, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Malinowski, Mr. Schiff, Ms. Velazquez, Mrs. Murphy of Florida, Mr. O'Halleran, Ms. Speier, Mr. Cooper, Ms. Kaptur, Ms. Norton, Mr. Hastings, Mr. Casten, Ms. Dean, Mr. Foster, Mr. Lynch, Mrs. Beatty, Mr. Himes, Mrs. Luria, Mr. Green of Texas, Mr. Jones, Mr. Vargas, and Mr. Bowman) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide law enforcement agencies investigating the January 6th attack on the U.S. Capitol with the authority to require a company to disclose the beneficial owners of the company, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurrection Financing Transparency Act of 2021''. SEC. 2. LAW ENFORCEMENT AUTHORITY. (a) In General.--A law enforcement agency may require a reporting company to provide the agency with a report that contains the information described in section 5336(b)(2) of title 31, United States Code, if the law enforcement agency certifies to the reporting company that the report is required to carry out the agency's investigation into the January 6th attack on the U.S. Capitol. (b) Penalties.--The penalties provided under section 5336(h) of title 31, United States Code, shall apply to a violation of this section to the same extent as they apply to a violation of such section 5336. (c) Definitions.--The definitions provided in section 5336(a) of title 31, United States Code, apply to this section. all
"H.R. 335 (Engrossed in House) -An Act To provide for an exception to a limitation against appointment 
of persons as Secretary of Defense within seven years of relief from 
active duty as a regular commissioned officer of the Armed Forces."	https://www.govinfo.gov/content/pkg/BILLS-117hr335eh/html/BILLS-117hr335eh.htm	DOC 117th CONGRESS 1st Session H. R. 335 _______________________________________________________________________ AN ACT To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM ACTIVE DUTY AS REGULAR COMMISSIONED OFFICERS OF THE ARMED FORCES. (a) In General.--Notwithstanding the second sentence of section 113(a) of title 10, United States Code, the first person appointed, by and with the advice and consent of the Senate, as Secretary of Defense in an appointment made on or after January 20, 2021, may be a person who is, on the date of appointment, within seven years after relief, but not within four years after relief, from active duty as a commissioned officer of a regular component of the Armed Forces. (b) Limited Exception.--This section applies only to the first person nominated after 12 p.m. (Eastern Standard Time) on January 20, 2021, and appointed as Secretary of Defense as described in subsection (a), and to no other person. Passed the House of Representatives January 21, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 335 _______________________________________________________________________ AN ACT To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces.
"H.R. 335 (Enrolled Bill) - An 
Act To provide for an exception to a limitation against appointment of 
persons as Secretary of Defense within seven years of relief from activeduty as a regular commissioned officer of the Armed Forces."	https://www.govinfo.gov/content/pkg/BILLS-117hr335enr/html/BILLS-117hr335enr.htm	H.R.335 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM ACTIVE DUTY AS REGULAR COMMISSIONED OFFICERS OF THE ARMED FORCES. (a) In General.--Notwithstanding the second sentence of section 113(a) of title 10, United States Code, the first person appointed, by and with the advice and consent of the Senate, as Secretary of Defense in an appointment made on or after January 20, 2021, may be a person who is, on the date of appointment, within seven years after relief, but not within four years after relief, from active duty as a commissioned officer of a regular component of the Armed Forces. (b) Limited Exception.--This section applies only to the first person nominated after 12 p.m. (Eastern Standard Time) on January 20, 2021, and appointed as Secretary of Defense as described in subsection (a), and to no other person. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
"H.R. 335 (Introduced in House)- To provide for an exception to a limitation against appointment of 
persons as Secretary of Defense within seven years of relief from activeduty as a regular commissioned officer of the Armed Forces."	https://www.govinfo.gov/content/pkg/BILLS-117hr335ih/html/BILLS-117hr335ih.htm	DOC 117th CONGRESS 1st Session H. R. 335 To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Smith of Washington introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM ACTIVE DUTY AS REGULAR COMMISSIONED OFFICERS OF THE ARMED FORCES. (a) In General.--Notwithstanding the second sentence of section 113(a) of title 10, United States Code, the first person appointed, by and with the advice and consent of the Senate, as Secretary of Defense in an appointment made on or after January 20, 2021, may be a person who is, on the date of appointment, within seven years after relief, but not within four years after relief, from active duty as a commissioned officer of a regular component of the Armed Forces. (b) Limited Exception.--This section applies only to the first person nominated after 12 p.m. (Eastern Standard Time) on January 20, 2021, and appointed as Secretary of Defense as described in subsection (a), and to no other person. all
"H.R. 335 (Received in Senate) -An Act To provide for an exception to a limitation against appointment 
of persons as Secretary of Defense within seven years of relief from 
active duty as a regular commissioned officer of the Armed Forces."	https://www.govinfo.gov/content/pkg/BILLS-117hr335rds/html/BILLS-117hr335rds.htm	DOC 117th CONGRESS 1st Session H. R. 335 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 21, 2021 Received _______________________________________________________________________ AN ACT To provide for an exception to a limitation against appointment of persons as Secretary of Defense within seven years of relief from active duty as a regular commissioned officer of the Armed Forces. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXCEPTION TO LIMITATION AGAINST APPOINTMENT OF PERSONS AS SECRETARY OF DEFENSE WITHIN SEVEN YEARS OF RELIEF FROM ACTIVE DUTY AS REGULAR COMMISSIONED OFFICERS OF THE ARMED FORCES. (a) In General.--Notwithstanding the second sentence of section 113(a) of title 10, United States Code, the first person appointed, by and with the advice and consent of the Senate, as Secretary of Defense in an appointment made on or after January 20, 2021, may be a person who is, on the date of appointment, within seven years after relief, but not within four years after relief, from active duty as a commissioned officer of a regular component of the Armed Forces. (b) Limited Exception.--This section applies only to the first person nominated after 12 p.m. (Eastern Standard Time) on January 20, 2021, and appointed as Secretary of Defense as described in subsection (a), and to no other person. Passed the House of Representatives January 21, 2021. Attest: CHERYL L. JOHNSON, Clerk. By Gloria J. Lett, Deputy Clerk.
H.R. 336 (Introduced in House) - Transparent Representation Upholding Service and Trust in Congress Act	https://www.govinfo.gov/content/pkg/BILLS-117hr336ih/html/BILLS-117hr336ih.htm	DOC 117th CONGRESS 1st Session H. R. 336 To require Members of Congress and their spouses and dependent children to place certain assets into blind trusts, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Ms. Spanberger (for herself, Mr. Roy, Ms. Norton, Mr. Foster, Mr. Jones, Ms. Houlahan, Mr. Perry, Mr. Keller, and Mr. Wright) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To require Members of Congress and their spouses and dependent children to place certain assets into blind trusts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparent Representation Upholding Service and Trust in Congress Act'' or the ``TRUST in Congress Act''. SEC. 2. PLACEMENT OF CERTAIN ASSETS OF MEMBERS OF CONGRESS AND THEIR SPOUSES AND DEPENDENT CHILDREN IN BLIND TRUST. (a) In General.-- (1) Members occupying office on date of enactment.--Not later than 90 days after the date of enactment of this Act, a Member of Congress and any spouse or dependent child of such Member shall place any covered investment owned by such Member, spouse, or dependent child into a qualified blind trust. (2) Members assuming office after date of enactment.--Not later than 90 days after the date an individual becomes a Member of Congress after the date of enactment of this Act, such individual and any spouse or dependent child of such individual shall place any covered investment owned by such individual, spouse, or dependent child into a qualified blind trust. (3) Mingling of assets.--A spouse or dependent child of a Member of Congress may place a covered investment in a qualified blind trust established by such Member under paragraph (1) or (2). (4) Assets upon separation.--A Member of Congress and any spouse or dependent child of such Member may not dissolve any qualified blind trust in which a covered investment has been placed pursuant to paragraph (1) or (2), or otherwise control such an investment, until the date that is 180 days after the date such Member ceases to be a Member of Congress. (b) Accountability.-- (1) Members of the house.--A Member of Congress who is a Member of the House of Representatives shall-- (A) not later than 15 days after the date a qualified blind trust is established under subsection (a), certify to the Clerk of the House of Representatives that such trust has been established and that any covered investment owned by such Member or a spouse or dependent child of such Member has been placed in such trust; or (B) certify to the Clerk that such Member or a spouse or dependent child of such Member does not own any covered investment. (2) Members of the senate.--A Member of Congress who is a Senator shall-- (A) not later than 15 days after the date a qualified blind trust is established under subsection (a), certify to the Secretary of the Senate that such trust has been established and that any covered investment owned by such Member or a spouse or dependent child of such Member has been placed in such trust; or (B) certify to the Secretary that such Member or a spouse or dependent child of such Member does not own any covered investment. (3) Report.--The Clerk of the House of Representatives and the Secretary of the Senate shall make available on the public internet website of the Clerk and the Secretary, respectively, any certification made under paragraph (1) or (2). (c) Exception.--A spouse or dependent child who receives compensation from their primary occupation through any covered investment shall not be required to place such covered investment in a qualified blind trust under this Act. (d) Definitions.--In this Act: (1) Commodity.--The term ``commodity'' has the meaning given the term in section 1a of the Commodity Exchange Act (7 U.S.C. 1a). (2) Covered investment.--The term ``covered investment''-- (A) means investment in a security, a commodity, or a future, or any comparable economic interest acquired through synthetic means such as the use of a derivative; and (B) does not include-- (i) a widely held investment fund described in section 102(f)(8) of the Ethics in Government Act of 1978; or (ii) a United States Treasury bill, note, or bond. (3) Dependent child.--The term ``dependent child'' has the meaning given that term in section 109(2) of the Ethics in Government Act of 1978. (4) Member of congress.--The term ``Member of Congress'' has the meaning given that term in section 109(12) of such Act. (5) Qualified blind trust.--The term ``qualified blind trust'' has the meaning given that term in section 102(f)(3) of such Act. all
H.R. 337 (Introduced in House) - Foreign Agent Disclaimer Enhancement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr337ih/html/BILLS-117hr337ih.htm	DOC 117th CONGRESS 1st Session H. R. 337 To amend the Foreign Agents Registration Act of 1938 to clarify the application to informational materials posted on online platforms by agents of foreign principals of the disclaimer requirements applicable under such Act to informational materials transmitted by agents of foreign principals through the United States mails, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Ms. Spanberger (for herself and Mr. Katko) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Foreign Agents Registration Act of 1938 to clarify the application to informational materials posted on online platforms by agents of foreign principals of the disclaimer requirements applicable under such Act to informational materials transmitted by agents of foreign principals through the United States mails, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Foreign Agent Disclaimer Enhancement Act of 2021'' or the ``FADE Act of 2021''. SEC. 2. DISCLAIMER REQUIREMENTS FOR MATERIALS POSTED ON ONLINE PLATFORMS BY AGENTS OF FOREIGN PRINCIPALS ON BEHALF OF CLIENTS. (a) Method and Form of Disclaimer; Preservation of Disclaimers by Certain Social Media Platforms.-- (1) Requirements described.--Section 4(b) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 614(b)) is amended-- (A) by striking ``(b) It shall be unlawful'' and inserting ``(b)(1) It shall be unlawful''; and (B) by adding at the end the following new paragraph: ``(2) In the case of informational materials for or in the interests of a foreign principal which are transmitted or caused to be transmitted by an agent of a foreign principal by posting on an online platform, the agent shall ensure that the conspicuous statement required to be placed in such materials under this subsection is placed directly with the material posted on the platform and is not accessible only through a hyperlink or other reference to another source. ``(3) If the Attorney General determines that the application of paragraph (2) to materials posted on an online platform is not feasible because the length of the conspicuous statement required to be placed in materials under this subsection makes the inclusion of the entire statement incompatible with the posting of the materials on that platform, an agent may meet the requirements of paragraph (2) by ensuring that an abbreviated version of the statement, stating that the materials are distributed by a foreign agent on behalf of a clearly identified foreign principal, is placed directly with the material posted on the platform. ``(4) An online platform on which informational materials described in paragraph (2) are posted shall ensure that the conspicuous statement described in such paragraph (or, if applicable, the abbreviated statement described in paragraph (3)) is maintained with such materials at all times, including after the material is shared in a social media post on the platform, but only if the platform has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the 12 months preceding the dissemination of the materials.''. (2) Effective date.--The amendments made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period. (b) Application of Requirements to Persons Outside the United States.-- (1) In general.--Section 4(b)(1) of such Act (22 U.S.C. 614(b)(1)), as amended by subsection (a), is amended by striking ``any person within the United States'' and inserting ``any person''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act, without regard to whether or not the Attorney General has promulgated regulations to carry out such amendments prior to the expiration of such period. (c) Requirements for Online Platforms Disseminating Informational Materials Transmitted by Agents of Foreign Principals.-- (1) In general.--Section 4 of such Act (22 U.S.C. 614) is amended by adding at the end the following new subsection: ``(g) If the Attorney General determines that an agent of a foreign principal transmitted or caused to be transmitted informational materials on an online platform for or in the interests of the foreign principal and did not meet the requirements of subsection (b)(2) (relating to the conspicuous statement required to be placed in such materials)-- ``(1) the Attorney General shall notify the online platform; and ``(2) the online platform shall remove such materials and use reasonable efforts to inform recipients of such materials that the materials were disseminated by a foreign agent on behalf of a foreign principal.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to materials disseminated on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. (d) Definition.--Section 1 of such Act (22 U.S.C. 611) is amended by inserting after subsection (i) the following new subsection: ``(j) The term `online platform' means any public-facing website, web application, or digital application (including a social network, ad network, or search engine).''. SEC. 3. CLARIFICATION OF TREATMENT OF INDIVIDUALS WHO ENGAGE WITH THE UNITED STATES IN POLITICAL ACTIVITIES FOR A FOREIGN PRINCIPAL IN ANY PLACE AS AGENTS OF FOREIGN PRINCIPALS. Section 1(c)(1)(i) of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611(c)(1)(i)) is amended by inserting after ``United States'' the following: ``(whether within or outside of the United States)''. SEC. 4. ANALYSIS AND REPORT ON CHALLENGES TO ENFORCEMENT OF FOREIGN AGENTS REGISTRATION ACT OF 1938. (a) Analysis.--The Attorney General shall conduct an analysis of the legal, policy, and procedural challenges to the effective enforcement of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report on the analysis conducted under subsection (a), and shall include in the report such recommendations, including recommendations for revisions to the Foreign Agents Registration Act of 1938, as the Attorney General considers appropriate to promote the effective enforcement of such Act. all
H.R. 338 (Introduced in House) - To clarify the counting of electoral votes in Congress to be a National Special Security Event.	https://www.govinfo.gov/content/pkg/BILLS-117hr338ih/html/BILLS-117hr338ih.htm	DOC 117th CONGRESS 1st Session H. R. 338 To clarify the counting of electoral votes in Congress to be a National Special Security Event. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Torres of New York (for himself and Ms. Moore of Wisconsin) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To clarify the counting of electoral votes in Congress to be a National Special Security Event. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COUNTING OF ELECTORAL VOTES IN CONGRESS IS A NATIONAL SPECIAL SECURITY EVENT. The counting of electoral college votes in Congress pursuant to section 15 of title 3, United States Code, is a National Special Security Event (as such term is defined in section 2001(9) of the Homeland Security Act of 2002 (6 U.S.C. 601(9))). all
H.R. 339 (Introduced in House) - Secure U.S. Capitol Act	https://www.govinfo.gov/content/pkg/BILLS-117hr339ih/html/BILLS-117hr339ih.htm	DOC 117th CONGRESS 1st Session H. R. 339 To direct the Architect of the Capitol to design and install an appropriate fence around the perimeter of the United States Capitol, including the East Front and the West Front. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Torres of New York introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Architect of the Capitol to design and install an appropriate fence around the perimeter of the United States Capitol, including the East Front and the West Front. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure U.S. Capitol Act''. SEC. 2. INSTALLATION OF FENCE AROUND PERIMETER OF UNITED STATES CAPITOL. (a) Installation.--The Architect of the Capitol shall carry out a project to design and install an appropriate fence around the perimeter of the United States Capitol, including the East Front and the West Front. (b) Factors Considered.--In carrying out the project under this section, the Architect of the Capitol shall take into consideration the need to protect the security of the United States Capitol and the safety of the individuals who work and visit the Capitol, to preserve the ability of individuals to visit the Capitol, and to preserve the design of the Capitol and Capitol Grounds, and shall consider specifically the so-called ``Gateway Project'' to protect the Capitol which was proposed by Terrance Gainer, the former Sergeant at Arms and Doorkeeper of the Senate and Chief of the Capitol Police. (c) Deadline.--The Architect of the Capitol shall complete the project under this section not later than January 1, 2023. all
H.R. 33 (Introduced in House) - Freedom for Farmers Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr33ih/html/BILLS-117hr33ih.htm	DOC 117th CONGRESS 1st Session H. R. 33 To abolish the Agency for Toxic Substances and Disease Registry, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To abolish the Agency for Toxic Substances and Disease Registry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom for Farmers Act of 2021''. SEC. 2. ABOLISHMENT OF AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY. (a) Abolishment of Agency.--The Agency for Toxic Substances and Disease Registry (in this section referred to as the ``Agency'') is abolished effective on the date that is 1 year after the date of enactment of this Act. (b) Termination of Functions.--Except as provided in subsection (c)(1), all functions of the Agency shall terminate on the date specified in subsection (a). (c) Transferred Authority.-- (1) In general.--Prior to the date specified in subsection (a), the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall transfer the authority vested in the Agency by section 104(i)(1)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(1)(A)) as in effect on the day before the date of enactment of this Act (relating to a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances) to an appropriate agency within the Department of Health and Human Services. (2) Corresponding transfer of assets and personnel.--In connection with the transfer of authority under paragraph (1), the Secretary may transfer within the Department of Health and Human Services such assets, funds, personnel, records, and other property relating to the transferred authority as the Secretary determines to be appropriate. (d) Wind-Up Period.-- (1) Definition.--In this subsection, the term ``wind-up period'' means the period beginning on the date of the enactment of this Act and ending on the date specified in subsection (a). (2) Responsibilities.--The Secretary shall be responsible for-- (A) the administration and wind-up, during the wind-up period, of all functions of the Agency that are terminated by this section; (B) the administration and wind-up, during the wind-up period, of any outstanding obligations of the Federal Government under any programs of the Agency that are terminated by this section; and (C) taking such other actions as may be necessary to wind-up any outstanding affairs of the Agency before the end of the wind-up period. SEC. 3. CONFORMING AMENDMENTS. (a) CERCLA.--The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended-- (1) in section 104 (42 U.S.C. 9604), by amending subsection (i) to read as follows: ``(i) The Secretary of Health and Human Services shall, in cooperation with the States, maintain a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances.''; (2) in section 111 (42 U.S.C. 9611)-- (A) by striking subsection (c)(4); and (B) by striking subsection (m); and (3) in section 310(a)(2) (42 U.S.C. 9659(a)(2)), by striking ``and the Administrator of the ATSDR''. (b) Other Conforming Changes.-- (1) Section 2704 of title 10, United States Code, is amended by striking subsection (f). (2) Section 405(d)(1) of the Toxic Substances Control Act (15 U.S.C. 2601(d)(1)) is amended by striking ``acting through the Director of the Agency for Toxic Substances and Disease Registry,''. (3) Section 209(c)(1)(A) of the Fire Administration Authorization Act of 1992 (29 U.S.C. 671a(c)(1)(A)) is amended by striking ``the Administrator of the Agency for Toxic Substances and Disease Registry,''. (4) Section 118(e)(3)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1268(e)(3)(A)) is amended by striking ``, in consultation with the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States'' and inserting ``, in consultation with the Research Office and Great Lakes States,''. (5) Section 317F(a) of the Public Health Service Act (42 U.S.C. 247b-7(a)) is amended-- (A) in paragraph (1), by striking ``and the Agency for Toxic Substances and Disease Registry''; and (B) in paragraph (2), by striking ``or the Agency for Toxic Substances and Disease Registry''. (6) Section 399S of the Public Health Service Act (42 U.S.C. 280g-7) is amended-- (A) in subsection (b)(1)(A)(i)-- (i) by inserting ``and'' at the end of subclause (II); (ii) by striking subclause (III); and (iii) by redesignating subclause (IV) as subclause (III); and (B) in subsection (d)(1)(A)-- (i) by striking clause (iv); and (ii) by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively. (7) Section 399V-6(e)(5) of the Public Health Service Act (42 U.S.C. 280g-17(e)(5)) is amended by striking ``and the Assessments of Chemical Exposures Program of the Agency for Toxic Substances and Disease Registry''. (8) Section 3(c) of the ICCVAM Authorization Act of 2000 (42 U.S.C. 285l-3(c)) is amended-- (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (16) as paragraphs (1) through (15), respectively. (9) Section 2201(e) of the Water Infrastructure Improvements for the Nation Act (42 U.S.C. 300j-12 note) is amended by striking ``the Director of the Agency for Toxic Substances and Disease Registry of'' each place it appears. (10) Section 2203 of the Water Infrastructure Improvements for the Nation Act (42 U.S.C. 300j-27) is amended-- (A) in subsection (b), by striking ``within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention at the discretion of the Secretary'' and inserting ``within the Centers for Disease Control and Prevention''; and (B) in subsection (c)(1)(A), by striking ``, within the Agency for Toxic Substances and Disease Registry''. (11) Section 709(a)(7) of the Security and Accountability for Every Port Act of 2006 (42 U.S.C. 300hh-14(a)(7)) is amended by striking ``the Agency for Toxic Substances and Disease Registry,''. (12) Section 3001 of the Solid Waste Disposal Act (42 U.S.C. 6921(b)(1)) is amended by striking ``the Agency for Toxic Substances and Disease Registry and''. (13) Section 3019 of the Solid Waste Disposal Act (42 U.S.C. 6939a) is amended-- (A) by striking subsections (b) through (g); and (B) in subsection (a), by striking the subsection designation and heading. (14) Section 103(d)(2)(A) of the Clean Air Act (42 U.S.C. 7403(d)(2)(A)) is amended by striking ``the Agency for Toxic Substances and Disease Registry,''. (c) Applicability.--The amendments made by this section apply beginning on the date specified in section 2(a). all
H.R. 340 (Introduced in House) - Incentivizing Medicaid Expansion Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr340ih/html/BILLS-117hr340ih.htm	DOC 117th CONGRESS 1st Session H. R. 340 To amend title XIX of the Social Security Act to provide the same level of Federal matching assistance for every State that chooses to expand Medicaid coverage to newly eligible individuals, regardless of when such expansion takes place. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Veasey (for himself, Mr. Allred, Ms. Barragan, Ms. Blunt Rochester, Mr. Butterfield, Mr. Carson, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Clarke of New York, Mr. Cohen, Mr. Cooper, Ms. Davids of Kansas, Ms. Escobar, Mr. Green of Texas, Mr. Hastings, Mr. Kind, Ms. Kuster, Mr. Lawson of Florida, Ms. Lee of California, Ms. Moore of Wisconsin, Ms. Norton, Mr. Panetta, Mr. Pocan, Ms. Sewell, Mr. Vela, Ms. Wild, Ms. Wilson of Florida, and Mr. Levin of California) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act to provide the same level of Federal matching assistance for every State that chooses to expand Medicaid coverage to newly eligible individuals, regardless of when such expansion takes place. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Incentivizing Medicaid Expansion Act of 2021''. SEC. 2. INCREASED FMAP FOR MEDICAL ASSISTANCE TO NEWLY ELIGIBLE INDIVIDUALS. (a) In General.--Section 1905(y)(1) of the Social Security Act (42 U.S.C. 1396d(y)(1)) is amended-- (1) in subparagraph (A), by striking ``2014, 2015, and 2016'' and inserting ``each of the first 3 consecutive 12-month periods in which the State provides medical assistance to newly eligible individuals''; (2) in subparagraph (B), by striking ``2017'' and inserting ``the fourth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals''; (3) in subparagraph (C), by striking ``2018'' and inserting ``the fifth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals''; (4) in subparagraph (D), by striking ``2019'' and inserting ``the sixth consecutive 12-month period in which the State provides medical assistance to newly eligible individuals''; and (5) in subparagraph (E), by striking ``2020 and each year thereafter'' and inserting ``the seventh consecutive 12-month period in which the State provides medical assistance to newly eligible individuals and each such period thereafter''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Patient Protection and Affordable Care Act. all
H.R. 341 (Introduced in House) - Ensuring Telehealth Expansion Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr341ih/html/BILLS-117hr341ih.htm	DOC 117th CONGRESS 1st Session H. R. 341 To make permanent certain telehealth flexibilities established in response to COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Williams of Texas introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To make permanent certain telehealth flexibilities established in response to COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Telehealth Expansion Act of 2021''. SEC. 2. MAKING PERMANENT CERTAIN TELEHEALTH FLEXIBILITIES ESTABLISHED IN RESPONSE TO COVID-19. (a) Exemption for Telehealth Services.-- (1) In general.--Subparagraph (E) of section 223(c)(2) of the Internal Revenue Code of 1986 is amended by striking ``In the case of plan years beginning on or before December 31, 2021, a plan'' and inserting ``A plan''. (2) Certain coverage disregarded.--Clause (ii) of section 223(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``(in the case of plan years beginning on or before December 31, 2021)''. (b) Increasing Medicare Telehealth Flexibilities.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new paragraph: ``(9) Waiver authority.--The Secretary may waive any requirement of this subsection if determined appropriate by the Secretary.''. (c) Enhancing Medicare Telehealth Services for Federally Qualified Health Centers and Rural Health Clinics; Eliminating Special Payment Rule for Such Services.-- (1) In general.--Paragraph (8) of section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended to read as follows: ``(8) Enhancing telehealth services for federally qualified health centers and rural health clinics.-- ``(A) In general.--With respect to services furnished on or after the first day of the emergency period described in section 1135(g)(1)(B), the Secretary shall pay for telehealth services that are furnished via a telecommunications system by a Federally qualified health center or a rural health clinic to an eligible telehealth individual enrolled under this part notwithstanding that the Federally qualified health center or rural clinic providing the telehealth service is not at the same location as the beneficiary. ``(B) Payment.-- ``(i) In general.--A telehealth service furnished by a rural health clinic or a Federally qualified health center serving as a distant site to an individual shall be deemed to be so furnished to such individual as an outpatient of such clinic or center (as applicable) for purposes of section 1861(aa) and payable as a rural health clinic service or Federally qualified health center service (as applicable) under section 1833(a)(3) or under the prospective payment system established under section 1834(o) (as applicable). ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable. ``(C) Definitions.--For purposes of this subsection-- ``(i) the term `distant site' includes a Federally qualified health center or rural health clinic that furnishes a telehealth service to an eligible telehealth individual; and ``(ii) the term `telehealth services' includes a rural health clinic service or Federally qualified health center service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary under clause (i) or (ii) of paragraph (4)(F) are listed on the corresponding claim for such rural health clinic service or Federally qualified health center service.''. (2) Conforming amendment.--Section 1834(m)(2)(A) of the Social Security Act (42 U.S.C. 1395m(m)(2)(A)) is amended by striking ``Subject to paragraph (8), the'' and inserting ``The''. (3) Effective date.--The amendments made by this subsection shall take effect as if included in the enactment of the CARES Act (Public Law 116-136). (d) Waiver of Requirements for Face-to-Face Visits Between Home Dialysis Patients and Physicians.--Section 1881(b)(3)(B)(iii) of the Social Security Act (42 U.S.C. 1395rr(b)(3)(B)(iii)) is amended by striking ``during the emergency period described in section 1135(g)(1)(B)'' and inserting ``during any period beginning on or after the first day of the emergency period described in section 1135(g)(1)(B)''. (e) Use of Telehealth To Conduct Face-to-Face Encounter Prior to Recertification of Eligibility for Hospice Care.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7(D)(i)(II)) is amended by striking ``during the emergency period described in section 1135(g)(1)(B)'' and inserting ``during any period beginning on or after the first day of the emergency period described in section 1135(g)(1)(B)''. (f) Encouraging Use of Telecommunications Systems for Home Health Services.--Section 3707 of the CARES Act (Public Law 116-136) is amended by striking ``during the emergency period described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b-5(g)(1)(B))'' and inserting ``on or after the first day of the emergency period described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b-5(g)(1)(B))''. SEC. 3. NONAPPLICATION OF ORIGINATING SITE REQUIREMENTS WITH RESPECT TO TELEHEALTH SERVICES UNDER MEDICARE PROGRAM. Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)) is amended-- (1) in clause (i), by inserting before ``paragraphs (5), (6), and (7)'' the following: ``clause (iii) and''; and (2) by adding at the end the following new clause: ``(iii) Nonapplication of originating site requirements.--Beginning on the first day of the emergency period described in section 1135(g)(1)(B), the term `originating site' means any site at which the eligible telehealth individual is located at the time the service is furnished via a telecommunications system.''. SEC. 4. REPORT BY COMPTROLLER GENERAL. Not later than 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the successes and limitations of implementing the statutory provisions amended by sections 2 and 3, including-- (1) details of any savings or costs to the Federal Government that are attributable to the implementation of such provisions; and (2) an analysis of how the implementation of such provisions have impacted rural hospitals. all
H.R. 342 (Introduced in House) - PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr342ih/html/BILLS-117hr342ih.htm	DOC 117th CONGRESS 1st Session H. R. 342 To provide for the issuance of a PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 15, 2021 Mr. Zeldin (for himself, Miss Rice of New York, and Ms. Meng) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the issuance of a PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans Act of 2021''. (b) Findings.--The Congress finds the following: (1) PFC Garfield M. Langhorn was deployed to Vietnam as a private first class and radio operator with Troop C, 7th Squadron (Airmobile), 17th Cavalry Regiment, 1st Aviation Brigade. (2) On January 15, 1969, PFC Langhorn and his unit responded to a downed American helicopter near Plei Djereng in Pleiku Province, South Vietnam. After PFC Langhorn and his unit responded to the downed helicopter, they were attacked by entrenched North Vietnamese forces. (3) During the battle, PFC Langhorn threw himself on an active enemy hand grenade that had been thrown near several wounded soldiers. PFC Langhorn was killed during the explosion but saved the lives of the rest of his platoon. (4) On April 7, 1970, the President of the United States of America, in the name of Congress, awarded PFC Garfield Langhorn the Congressional Medal of Honor posthumously to commemorate his conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. SEC. 2. PFC GARFIELD M. LANGHORN MEMORIAL SEMIPOSTAL STAMP TO BENEFIT OUR VETERANS. (a) In General.--In order to afford a convenient way for members of the public to contribute to funding for the Supportive Services for Veteran Families program of the Department of Veterans Affairs under section 2044 of title 38, United States Code, the United States Postal Service shall issue a semipostal stamp (referred to in this Act as the ``PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans'') in accordance with the provisions of this section. (b) Cost.--The PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans shall be offered at a cost equal to the cost of mailing a letter weighing 1 ounce or less at the nonautomation single- piece first-ounce letter rate, in effect at the time of purchase, plus a differential of not less than 25 percent. (c) Other Terms and Conditions.--The issuance and sale of the PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans shall be governed by the provisions of section 416 of title 39, United States Code, and regulations issued under such section, subject to subsection (b) and the following: (1) Disposition of proceeds.-- (A) In general.--All amounts becoming available from the sale of the PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans shall be transferred to the Department of Veterans Affairs for the purpose of funding the operations of the program described in subsection (a), through payments which shall be made at least twice a year. (B) Proceeds not to be offset.--In accordance with section 416(d)(4) of such title 39, amounts becoming available from the sale of the PFC Garfield M. Langhorn Memorial Semipostal Stamp to Benefit our Veterans (as so determined) shall not be taken into account in any decision relating to the level of appropriations or other Federal funding to be furnished in any year to the program described in subsection (a) or to the Department of Veterans Affairs. (2) Duration.--The PFC Garfield M. Langhorn Semipostal Stamp to Benefit our Veterans shall be made available to the public for a period of at least 5 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Stamp depictions.--Stamps issued under this Act shall depict PFC Garfield M. Langhorn. (4) Limitation.--The PFC Garfield M. Langhorn Semipostal Stamp to Benefit our Veterans shall not be subject to, or taken into account for purposes of applying, any limitation under section 416(e)(1)(C) of such title 39. (d) Definition.--For purposes of this Act, the term ``semipostal stamp'' refers to a stamp described in section 416(a)(1) of title 39, United States Code. all
H.R. 343 (Introduced in House) - Taxpayer Conscience Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr343ih/html/BILLS-117hr343ih.htm	DOC 117th CONGRESS 1st Session H. R. 343 To require States to report information on Medicaid payments to abortion providers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Banks (for himself, Mr. Mooney, Mr. Westerman, Mr. Grothman, Mr. Lamborn, Mr. Budd, Mr. Allen, and Mr. Norman) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To require States to report information on Medicaid payments to abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Conscience Protection Act of 2021''. SEC. 2. REQUIRED REPORTING OF MEDICAID PAYMENTS TO ABORTION PROVIDERS. (a) In General.--Not later than 60 days after the end of the first fiscal year ending after the date of the enactment of this Act and each fiscal year thereafter, each State that makes a Medicaid payment from Federal funds during the fiscal year for any items or services furnished by an abortion provider shall-- (1) submit to the Secretary a report on all such payments; and (2) publish the report on a public internet website of the State. (b) Report Described.--The report under subsection (a) shall, with respect to a State that makes a Medicaid payment from Federal funds during the fiscal year for any items or services furnished by an abortion provider, include the following: (1) With respect to each such payment, each of the following: (A) A specification of the amount of the payment. (B) A specification of the purposes for which the payment was made. (C) A comparison of the amount of the payment with the amount of any such payment to the provider involved in any prior fiscal year. (2) A specification of the number of abortions performed during the fiscal year by the provider involved and the gestational age with respect to each such abortion. (c) Report to Congress.--Not later than 90 days after the end of each fiscal year described in subsection (a), the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Finance of the Senate, and publish on a public internet website of the Department of Health and Human Services, a report that-- (1) contains the reports submitted pursuant to subsection (a) for the fiscal year; and (2) includes a summary of the reports. (d) Definitions.--In this section: (1) Abortion provider.--The term ``abortion provider'' means an entity that-- (A) performs (or refers an individual for) an abortion; or (B) controls, is controlled by, or is under common control with, an entity described in subparagraph (A). (2) Medicaid payment from federal funds.--The term ``Medicaid payment from Federal funds'' means a payment for which there is Federal financial participation under title XIX of the Social Security Act. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) State.--The term ``State'' has the meaning given the term for purposes of title XIX of the Social Security Act. (e) Conforming Amendments to Social Security Act.--Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended-- (1) by striking ``and'' at the end of paragraph (85); (2) by striking the period at the end of paragraph (86) and inserting ``; and''; and (3) by inserting after paragraph (86) the following: ``(87) provide for the submission of reports in accordance with section 2 of the Taxpayer Conscience Protection Act of 2021.''. all
H.R. 344 (Introduced in House) - Women Veterans Transitional Residence Utilizing Support and Treatment Act	https://www.govinfo.gov/content/pkg/BILLS-117hr344ih/html/BILLS-117hr344ih.htm	DOC 117th CONGRESS 1st Session H. R. 344 To direct the Secretary of Veterans Affairs to conduct an analysis of the need for women-specific programs that treat and rehabilitate women veterans with drug and alcohol dependency and to carry out a pilot program regarding such programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Brownley (for herself, Ms. Kuster, and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to conduct an analysis of the need for women-specific programs that treat and rehabilitate women veterans with drug and alcohol dependency and to carry out a pilot program regarding such programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Women Veterans Transitional Residence Utilizing Support and Treatment Act'' or the ``Women Veterans TRUST Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Substance use problems are a significant problem among veterans and can negatively impact a veteran's health and quality of life. (2) Veterans can turn to alcohol or drugs in an attempt to relieve stress or the symptoms of mental health disorders. (3) Rates of substance use disorder among women veterans range from three to 16 percent of the population (4) Women veterans face a unique set of challenges associated with their military service that can lead to substance abuse. (5) Women veterans aged 35 and older were found to have higher rates of substance-use disorders than their non-veteran counterparts. (6) Studies indicate women veterans are twice as likely as men veterans to develop posttraumatic stress disorder, twice as likely to have serious psychological distress, and approximately one out of four women veterans reports military sexual trauma. (7) Studies indicate that women veterans with a substance- use disorder diagnosis have higher rates of suicide than their non-veteran peers, and women veterans are more than twice as likely to die by suicide than non-veteran women. (8) Health services that are women-specific can be important to effective care, and women veterans consider the availability of women-specific care as extremely important. (9) While the Secretary of Veterans Affairs provides women veterans with substance use treatment through a number of programs, the Women Veterans' Therapeutic Transitional Residence Program is a model for providing treatment and rehabilitative services to women veterans with drug and alcohol dependency, and it is critical that the Secretary identifies the need for, and feasibility of, similar programs throughout the health care system of the Department. SEC. 3. WOMEN-SPECIFIC DRUG AND ALCOHOL DEPENDENCY TREATMENT AND REHABILITATIVE PROGRAMS FOR WOMEN VETERANS. (a) Analysis.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall conduct a nationwide analysis of the need for women- specific programs of the Department of Veterans Affairs that treat and rehabilitate women veterans with drug and alcohol dependency. Such analysis shall include the following: (A) With respect to each of the three years preceding the date of the analysis, the annual number of women veterans who have been treated and rehabilitated for drug and alcohol dependency at each medical center of the Department of Veterans Affairs. (B) Information on all non-Department women- specific programs to which the Secretary refers women veterans for treatment and rehabilitation of drug and alcohol dependency, including, for each such program, the name of the entity carrying out the program, the location of the program, and the number of women veterans referred by the Secretary served annually by the program. (C) An analysis of the effectiveness of programs of the Department and non-Department programs to treat and rehabilitate women veterans with drug and alcohol dependency, disaggregated by single-sex versus coed programs. (D) An analysis of all information the Secretary maintains on the satisfaction of women veterans with programs of the Department and non-Department programs to treat and rehabilitate women veterans with drug and alcohol dependency, disaggregated by single-sex versus coed programs. (E) An assessment of the demand and need for women- specific programs to treat and rehabilitate women veterans with drug and alcohol dependency, disaggregated by Veterans Integrated Service Network and medical center of the Department. (F) Proposed locations for implementing the pilot program under subsection (b). (2) Report.--Not later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs and Appropriations of the House of Representatives and the Senate a report containing the analysis under paragraph (1). (b) Pilot Program.-- (1) Requirement.--Not later than one year after the date of the enactment of this Act, the Secretary shall carry out a women-specific pilot program to treat and rehabilitate women veterans with drug and alcohol dependency. The Secretary shall develop such pilot program based on the findings of the analysis conducted under subsection (a). (2) Locations.--The Secretary shall select not fewer than three Veterans Integrated Service Networks in which to carry out the pilot program. (3) Termination.--The authority to carry out a pilot program under this section shall terminate on the date that is five years after the date of the enactment of this Act. (4) Report.--Not later than 180 days after the date on which the pilot program under paragraph (1) is completed, the Secretary shall submit to Committees on Veterans' Affairs and Appropriations of the House of Representatives and the Senate a report on the pilot program, including-- (A) the findings and conclusions of the Secretary regarding the pilot program; and (B) such recommendations of the Secretary regarding the continuation or expansion of the pilot program as the Secretary considers appropriate. all
H.R. 345 (Introduced in House) - Reproductive Health Information for Veterans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr345ih/html/BILLS-117hr345ih.htm	DOC 117th CONGRESS 1st Session H. R. 345 To direct the Secretary of Veterans Affairs to provide abortion counseling to a veteran who has an unwanted pregnancy. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Brownley (for herself, Mr. Pappas, Ms. Lee of California, Mrs. Hayes, Mr. Cohen, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to provide abortion counseling to a veteran who has an unwanted pregnancy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Health Information for Veterans Act''. SEC. 2. ABORTION COUNSELING. The Secretary of Veterans Affairs shall provide abortion counseling to a veteran who has an unwanted pregnancy. Such counseling shall include-- (1) options for the veteran regarding unwanted pregnancy, including termination; (2) accurate health information based on the health of the veteran regarding options described in paragraph (1); and (3) information regarding the location nearest to the residence of the veteran where the veteran may receive safe medical or surgical termination of the unwanted pregnancy. all
H.R. 346 (Introduced in House) - Shoring Up Personal Protective and Lifesaving Indispensable Equipment Stockpile Act	https://www.govinfo.gov/content/pkg/BILLS-117hr346ih/html/BILLS-117hr346ih.htm	DOC 117th CONGRESS 1st Session H. R. 346 To establish a program providing grants to certain small business concerns to modify or reallocate their productive facilities to begin or increase production of certain medical supplies critical to addressing the COVID-19 pandemic, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Davids of Kansas introduced the following bill; which was referred to the Committee on Small Business _______________________________________________________________________ A BILL To establish a program providing grants to certain small business concerns to modify or reallocate their productive facilities to begin or increase production of certain medical supplies critical to addressing the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shoring Up Personal Protective and Lifesaving Indispensable Equipment Stockpile Act'' or the ``SUPPLIES Act''. SEC. 2. INCREASING PRODUCTION OF CRITICAL MEDICAL SUPPLIES. (a) Establishment.--Not later than 15 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish a program to provide grants to modify or reallocate the productive facilities of small business concerns to produce a covered good that is critically needed to address the national emergency related to the COVID-19 pandemic. (b) Application.--A small business concern seeking a grant under this section shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administration may reasonably require. (c) Eligibility.--A small business concern that has not begun modifications or reallocations of the productive facilities of such concern before the date on which the national emergency was declared is eligible to receive a grant under this section to modify or reallocate such productive facilities. (d) Grant Terms.-- (1) Matching requirement.-- (A) In general.--A small business concern receiving a grant under this section shall provide non-Federal matching funds equal to not less than 25 percent of the grant. (B) In-kind support.--The non-Federal matching funds described in subparagraph (A) may include in-kind support. (2) Sale requirements.--With respect to covered goods produced by a grant recipient during the period of the national emergency as a result of a modification or reallocation of productive facilities using grant amounts, such grant recipient, and any parent company or affiliate of such recipient, shall-- (A) prioritize the domestic sale of any such covered goods; and (B) sell such covered goods at a price that does not grossly exceed the average price of such covered goods for the 90-day period ending on January 31, 2020, for the region in which the grant recipient sells such covered goods, except to the extent that the price reasonably reflects additional production costs. (e) Priorities.--In making grants under this Act, the Administrator shall prioritize applications based on-- (1) the expected date by which the applicant will begin or increase production of covered goods; (2) the expected number of covered goods that will be produced as a result of a modification or reallocation of productive facilities using grant amounts; and (3) such other criteria that the Administrator determines to be appropriate. (f) Grant Period.--Grants under this section may only be made during the period of the national emergency. (g) Rulemaking.--Not later than 15 days after the date of enactment of this Act, the Administrator shall issue rules to carry out this Act. (h) Reports.-- (1) Interim report.--Not later than 6 months after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the grants made under this Act, including-- (A) the total number and dollar amount of such grants; (B) a list of the recipients of such grants; and (C) with respect to each such grant, how grant funds are being used. (2) Final report.--Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report evaluating the effect of the program established under subsection (a) on the response to the COVID- 19 pandemic, including-- (A) a description of any covered goods produced by a grant recipient as a result of a modification or reallocation of productive facilities using grant amounts; (B) the total number of each such covered good produced; (C) a list of purchasers of more than 500 covered goods produced as a result of a modification or reallocation of productive facilities using grant amounts; (D) a description of the overall effect that the manufacturing of covered goods by grant recipients had in meeting the increased demand for such covered goods resulting from the COVID-19 pandemic; and (E) recommendations for continuing or improving the program. (i) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 through September 30, 2021, to carry out this Act. (j) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Covered good.--The term ``covered good'' means invasive or multifunction ventilators, N95 respirators, surgical masks, surgical gowns, sanitizing wipes, nasopharyngeal swabs, viral transport media, procedure masks, hand sanitizer, face shields, or nitrile exam gloves. (3) National emergency.--The term ``national emergency'' means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-19. (4) Small business concern.--The term ``small business concern'' has the same meaning as under section 3 of the Small Business Act (15 U.S.C. 632). all
H.R. 347 (Introduced in House) - Presidential Tax Transparency Act	https://www.govinfo.gov/content/pkg/BILLS-117hr347ih/html/BILLS-117hr347ih.htm	DOC 117th CONGRESS 1st Session H. R. 347 To amend the Internal Revenue Code of 1986 to require the disclosure of tax returns of Presidents and Vice Presidents and certain candidates for President and Vice President, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Eshoo (for herself and Mr. Pascrell) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to require the disclosure of tax returns of Presidents and Vice Presidents and certain candidates for President and Vice President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Tax Transparency Act''. SEC. 2. PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY. (a) Definitions.--In this section-- (1) The term ``covered candidate'' means a candidate of a major party in a general election for the office of President or Vice President. (2) The term ``major party'' has the meaning given the term in section 9002 of the Internal Revenue Code of 1986. (3) The term ``income tax return'' means, with respect to an individual, any return (as such term is defined in section 6103(b)(1) of the Internal Revenue Code of 1986, except that such term shall not include declarations of estimated tax) of-- (A) such individual, other than information returns issued to persons other than such individual; or (B) of any corporation, partnership, or trust in which such individual holds, directly or indirectly, a significant interest as the sole or principal owner or the sole or principal beneficial owner (as such terms are defined in regulations prescribed by the Secretary of the Treasury or his delegate). (4) The term ``Secretary'' means the Secretary of the Treasury or the delegate of the Secretary. (b) Disclosure.-- (1) In general.-- (A) Candidates for president and vice president.-- Not later than the date that is 15 days after the date on which an individual becomes a covered candidate, the individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (B) President and vice president.--With respect to an individual who is the President or Vice President, not later than the due date for the return of tax for each taxable year, such individual shall submit to the Federal Election Commission a copy of the individual's income tax returns for the taxable year and for the 9 preceding taxable years. (C) Transition rule for sitting presidents and vice presidents.--Not later than the date that is 30 days after the date of enactment of this section, an individual who is the President or Vice President on such date of enactment shall submit to the Federal Election Commission a copy of the income tax returns for the 10 most recent taxable years for which a return has been filed with the Internal Revenue Service. (2) Failure to disclose.--If any requirement under paragraph (1) to submit an income tax return is not met, the chairman of the Federal Election Commission shall submit to the Secretary a written request that the Secretary provide the Federal Election Commission with the income tax return. (3) Publicly available.--The chairman of the Federal Election Commission shall make publicly available each income tax return submitted under paragraph (1) in the same manner as a return provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section). (4) Treatment as a report under the federal election campaign act of 1971.--For purposes of the Federal Election Campaign Act of 1971, any income tax return submitted under paragraph (1) or provided under section 6103(l)(23) of the Internal Revenue Code of 1986 (as added by this section) shall, after redaction under paragraph (3) or subparagraph (B)(ii) of such section, be treated as a report filed under the Federal Election Campaign Act of 1971. (c) Disclosure of Returns of Presidents and Vice Presidents and Certain Candidates for President and Vice President.-- (1) In general.--Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(23) Disclosure of return information of presidents and vice presidents and certain candidates for president and vice president.-- ``(A) In general.--Upon written request by the chairman of the Federal Election Commission under section 2(b)(2) of the Presidential Tax Transparency Act, not later than the date that is 15 days after the date of such request, the Secretary shall provide copies of any return which is so requested to officers and employees of the Federal Election Commission whose official duties include disclosure or redaction of such return under this paragraph. ``(B) Disclosure to the public.-- ``(i) In general.--The chairman of the Federal Election Commission shall make publicly available any return which is provided under subparagraph (A). ``(ii) Redaction of certain information.-- Before making publicly available under clause (i) any return, the chairman of the Federal Election Commission shall redact such information as the Federal Election Commission and the Secretary jointly determine is necessary for protecting against identity theft, such as social security numbers.''. (2) Conforming amendments.--Section 6103(p)(4) of such Code is amended-- (A) in the matter preceding subparagraph (A) by striking ``or (22)'' and inserting ``(22), or (23)''; and (B) in subparagraph (F)(ii) by striking ``or (22),'' and inserting ``(22), or (23)''. (3) Effective date.--The amendments made by this subsection shall apply to disclosures made on or after the date of enactment of this Act. all
H.R. 348 (Introduced in House) - Wear Your Mask Act	https://www.govinfo.gov/content/pkg/BILLS-117hr348ih/html/BILLS-117hr348ih.htm	DOC 117th CONGRESS 1st Session H. R. 348 To require face masks in Federal facilities to prevent the transmission of SARS-CoV-2, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Garcia of Texas (for herself, Ms. Clarke of New York, Ms. Wasserman Schultz, Mrs. Hayes, Mr. Brown, Mrs. Dingell, Ms. Velazquez, Ms. Escobar, Ms. Norton, Mr. Cardenas, Ms. Scanlon, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require face masks in Federal facilities to prevent the transmission of SARS-CoV-2, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wear Your Mask Act''. SEC. 2. MASKS REQUIRED IN FEDERAL FACILITIES. (a) Masks Required.--Each Federal agency shall take action to ensure that an individual is required to wear a face mask if such individual is-- (1) inside a Federal facility under the jurisdiction of such agency; and (2) within 6 feet of another individual. (b) Enforcement.--A Federal agency may remove or deny service to an individual who fails to wear a mask in accordance with subsection (a). (c) Provision of Masks.--Each Federal agency shall make face masks available at each entrance to a Federal facility at which such agency maintains a presence. (d) Funding.--A Federal agency shall use funds otherwise appropriated to such agency to carry out this section. (e) Definitions.--In this section, the following definitions apply: (1) Capitol buildings.--The term ``Capitol Buildings'' has the meaning given such term in section 5101 of title 40, United States Code. (2) Face mask.--The term ``face mask'' means a mask covering both the nose and mouth that reasonably can be expected to minimize the transmission of SARS-CoV-2. (3) Federal agency.--The term ``Federal agency'' has the meaning given such term in section 102 of title 40, United States Code, except that with respect to Capitol Buildings, the Office of the Architect of the Capitol shall be treated as the relevant Federal agency. (4) Federal facility.--The term ``Federal facility'' means-- (A) a building or any part thereof owned or leased by the Federal Government for use by a Federal agency; and (B) the Capitol Buildings or any part thereof. (f) Termination.--The requirements of this section shall cease to have effect on the date on which the Director of the National Institute of Allergy and Infectious Diseases determines, and publishes in the Federal Register a notification of such determination, that the requirement to wear a mask is no longer necessary to prevent transmission of SARS-CoV-2. all
H.R. 349 (Introduced in House) - Coronavirus Vaccine and Therapeutic Development Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr349ih/html/BILLS-117hr349ih.htm	DOC 117th CONGRESS 1st Session H. R. 349 To direct the Secretary of Health and Human Services to award contracts, grants, and cooperative agreements to expand and enhance capacity for manufacturing covered products to prevent and control the spread of SARS-CoV-2 and COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Kuster (for herself and Mr. Jeffries) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services to award contracts, grants, and cooperative agreements to expand and enhance capacity for manufacturing covered products to prevent and control the spread of SARS-CoV-2 and COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coronavirus Vaccine and Therapeutic Development Act of 2021''. SEC. 2. COVERED PRODUCT DEVELOPMENT AND PROCUREMENT. (a) Enhancing Development, Procurement, and Manufacturing Capacity.-- (1) In general.--The Secretary of Health and Human Services shall, as appropriate, award contracts, grants, and cooperative agreements, and enter into other transactions-- (A) expanding and enhancing covered product research and development; (B) procuring covered products; and (C) expanding and enhancing capacity for manufacturing covered products. (2) Authorization of appropriations.--To carry out this subsection, there is authorized to be appropriated $20,000,000,000 for fiscal years 2021 through 2025, to remain available until expended. (b) Report on Vaccine and Therapeutic Manufacturing and Administration Capacity.--Not later than December 31, 2021, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate a report detailing-- (1) an assessment of the estimated supply of covered products necessary to prevent and control the spread of SARS- CoV-2 and COVID-19, domestically and internationally; (2) an assessment of current and future domestic manufacturing capacity for covered products, including identification of any gaps in manufacturing capacity, including-- (A) identification of any gaps in capacity for manufacturing; and (B) an analysis of the effects of shifting manufacturing resources to address COVID-19; (3) activities conducted to expand and enhance manufacturing capacity for covered products to levels sufficient to prevent and control the spread of SARS-CoV-2 and COVID-19, domestically and internationally, including a list and explanation of all contracts, grants, and cooperative agreements awarded, and other transactions entered into, for purposes of such expansion and enhancement and how such activities will help to meet future domestic manufacturing capacity needs; (4) a plan for the ongoing support of enhanced manufacturing capacity for covered products, domestically and internationally; and (5) a plan-- (A) to ensure that manufacturing capacity meets the distribution targets and goals of covered products, domestically and internationally; and (B) to support the administration of covered products approved or authorized by the Food and Drug Administration to prevent and control the spread of SARS-CoV-2 and COVID-19, domestically and internationally, including Federal workforce enhancements necessary to administer such products. (c) Definitions.--In this section: (1) The term ``ancillary medical supply'' includes-- (A) vials; (B) bandages; (C) alcohol swabs; (D) syringes; (E) needles; (F) gloves and other personal protective equipment; and (G) other medical products the Secretary determines necessary for the administration of covered products. (2) The term ``covered product'' means a vaccine, therapeutic, or ancillary medical supply to prevent and control the spread of SARS-CoV-2 and COVID-19. (3) The term ``Secretary'' means the Secretary of Health and Human Services. all
H.R. 34 (Introduced in House) - Let Lenders Lend Act	https://www.govinfo.gov/content/pkg/BILLS-117hr34ih/html/BILLS-117hr34ih.htm	DOC 117th CONGRESS 1st Session H. R. 34 To provide that the final rule of the Bureau of Consumer Financial Protection titled ``Home Mortgage Disclosure (Regulation C)'' shall have no force or effect. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To provide that the final rule of the Bureau of Consumer Financial Protection titled ``Home Mortgage Disclosure (Regulation C)'' shall have no force or effect. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Let Lenders Lend Act''. SEC. 2. HOME MORTGAGE DISCLOSURE RULE. The final rule issued by the Bureau of Consumer Financial Protection titled ``Home Mortgage Disclosure (Regulation C)'' (October 28, 2015; 80 Fed. Reg. 66128) shall have no force or effect. all
H.R. 350 (Introduced in House) - Domestic Terrorism Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr350ih/html/BILLS-117hr350ih.htm	DOC 117th CONGRESS 1st Session H. R. 350 To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Schneider (for himself, Mr. Nadler, Mr. Fitzpatrick, Ms. Kelly of Illinois, Mr. Bacon, Mr. Vicente Gonzalez of Texas, Mr. Upton, and Mr. Correa) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize dedicated domestic terrorism offices within the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation to analyze and monitor domestic terrorist activity and require the Federal Government to take steps to prevent domestic terrorism. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Terrorism Prevention Act of 2021''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Director'' means the Director of the Federal Bureau of Investigation; (2) the term ``domestic terrorism'' has the meaning given the term in section 2331 of title 18, United States Code, except that it does not include acts perpetrated by individuals associated with or inspired by-- (A) a foreign person or organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); (B) an individual or organization designated under Executive Order 13224 (50 U.S.C. 1701 note); or (C) a state sponsor of terrorism as determined by the Secretary of State under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 4605), section 40 of the Arms Export Control Act (22 U.S.C. 2780), or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) the term ``Domestic Terrorism Executive Committee'' means the committee within the Department of Justice tasked with assessing and sharing information about ongoing domestic terrorism threats; (4) the term ``hate crime incident'' means an act described in section 241, 245, 247, or 249 of title 18, United States Code, or in section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631); (5) the term ``Secretary'' means the Secretary of Homeland Security; and (6) the term ``uniformed services'' has the meaning given the term in section 101(a) of title 10, United States Code. SEC. 3. OFFICES TO COMBAT DOMESTIC TERRORISM. (a) Authorization of Offices To Monitor, Analyze, Investigate, and Prosecute Domestic Terrorism.-- (1) Domestic terrorism unit.--There is authorized a Domestic Terrorism Unit in the Office of Intelligence and Analysis of the Department of Homeland Security, which shall be responsible for monitoring and analyzing domestic terrorism activity. (2) Domestic terrorism office.--There is authorized a Domestic Terrorism Office in the Counterterrorism Section of the National Security Division of the Department of Justice-- (A) which shall be responsible for investigating and prosecuting incidents of domestic terrorism; and (B) which shall be headed by the Domestic Terrorism Counsel. (3) Domestic terrorism section of the fbi.--There is authorized a Domestic Terrorism Section within the Counterterrorism Division of the Federal Bureau of Investigation, which shall be responsible for investigating domestic terrorism activity. (4) Staffing.--The Secretary, the Attorney General, and the Director shall each ensure that each office authorized under this section in their respective agencies shall-- (A) have adequate number of employees to perform the required duties; (B) have not less than one employee dedicated to ensuring compliance with civil rights and civil liberties laws and regulations; and (C) require that all employees undergo annual anti- bias training. (5) Sunset.--The offices authorized under this subsection shall terminate on the date that is 10 years after the date of enactment of this Act. (b) Joint Report on Domestic Terrorism.-- (1) Biannual report required.--Not later than 180 days after the date of enactment of this Act, and each 6 months thereafter for the 10-year period beginning on the date of enactment of this Act, the Secretary of Homeland Security, the Attorney General, and the Director of the Federal Bureau of Investigation shall submit a joint report authored by the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) to-- (A) the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and (B) the Committee on the Judiciary, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Contents.--Each report submitted under paragraph (1) shall include-- (A) an assessment of the domestic terrorism threat posed by White supremacists and neo-Nazis, including White supremacist and neo-Nazi infiltration of Federal, State, and local law enforcement agencies and the uniformed services; and (B)(i) in the first report, an analysis of incidents or attempted incidents of domestic terrorism that have occurred in the United States since April 19, 1995, including any White-supremacist-related incidents or attempted incidents; and (ii) in each subsequent report, an analysis of incidents or attempted incidents of domestic terrorism that occurred in the United States during the preceding 6 months, including any White-supremacist-related incidents or attempted incidents; and (C) a quantitative analysis of domestic terrorism for the preceding 6 months, including-- (i) the number of-- (I) domestic terrorism related assessments initiated by the Federal Bureau of Investigation, including the number of assessments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; (II) domestic terrorism-related preliminary investigations initiated by the Federal Bureau of Investigation, including the number of preliminary investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many preliminary investigations resulted from assessments; (III) domestic terrorism-related full investigations initiated by the Federal Bureau of Investigation, including the number of full investigations from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and how many full investigations resulted from preliminary investigations and assessments; (IV) domestic terrorism-related incidents, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, the number of deaths and injuries resulting from each incident, and a detailed explanation of each incident; (V) Federal domestic terrorism- related arrests, including the number of arrests from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each arrest; (VI) Federal domestic terrorism- related indictments, including the number of indictments from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each indictment; (VII) Federal domestic terrorism- related prosecutions, including the number of incidents from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each prosecution; (VIII) Federal domestic terrorism- related convictions, including the number of convictions from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism, and a detailed explanation of each conviction; and (IX) Federal domestic terrorism- related weapons recoveries, including the number of each type of weapon and the number of weapons from each classification and subcategory, with a specific classification or subcategory for those related to White supremacism; and (ii) an explanation of each individual case that progressed through more than 1 of the stages described under clause (i), including the specific classification or subcategory for each case. (3) Hate crimes.--In compiling a joint report under this subsection, the domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall, in consultation with the Civil Rights Division of the Department of Justice and the Civil Rights Unit of the Federal Bureau of Investigation, review each hate crime incident reported during the preceding 6 months to determine whether the incident also constitutes a domestic terrorism-related incident. (4) Classification and public release.--Each report submitted under paragraph (1) shall be-- (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public websites of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. (5) Nonduplication.--If two or more provisions of this subsection or any other law impose requirements on an agency to report or analyze information on domestic terrorism that are substantially similar, the agency shall construe such provisions as mutually supplemental, so as to provide for the most extensive reporting or analysis, and shall comply with each such requirement as fully as possible. (c) Domestic Terrorism Executive Committee.--There is authorized a Domestic Terrorism Executive Committee, which shall-- (1) meet on a regular basis, and not less regularly than 4 times each year, to coordinate with United States Attorneys and other key public safety officials across the country to promote information sharing and ensure an effective, responsive, and organized joint effort to combat domestic terrorism; and (2) be co-chaired by-- (A) the Domestic Terrorism Counsel authorized under subsection (a)(2)(B); (B) a United States Attorney or Assistant United States Attorney; (C) a member of the National Security Division of the Department of Justice; and (D) a member of the Federal Bureau of Investigation. (d) Focus on Greatest Threats.--The domestic terrorism offices authorized under paragraphs (1), (2), and (3) of subsection (a) shall focus their limited resources on the most significant domestic terrorism threats, as determined by the number of domestic terrorism- related incidents from each category and subclassification in the joint report for the preceding 6 months required under subsection (b). SEC. 4. TRAINING TO COMBAT DOMESTIC TERRORISM. (a) Required Training and Resources.--The Secretary, the Attorney General, and the Director shall review the anti-terrorism training and resource programs of their respective agencies that are provided to Federal, State, local, and Tribal law enforcement agencies, including the State and Local Anti-Terrorism Program that is funded by the Bureau of Justice Assistance of the Department of Justice, and ensure that such programs include training and resources to assist State, local, and Tribal law enforcement agencies in understanding, detecting, deterring, and investigating acts of domestic terrorism and White supremacist and neo-Nazi infiltration of law enforcement and corrections agencies. The domestic-terrorism training shall focus on the most significant domestic terrorism threats, as determined by the quantitative analysis in the joint report required under section 3(b). (b) Requirement.--Any individual who provides domestic terrorism training required under this section shall have-- (1) expertise in domestic terrorism; and (2) relevant academic, law enforcement, or other community- based experience in matters related to domestic terrorism. (c) Report.-- (1) In general.--Not later than 6 months after the date of enactment of this Act and twice each year thereafter, the Secretary, the Attorney General, and the Director shall each submit a biannual report to the committees of Congress described in section 3(b)(1) on the domestic terrorism training implemented by their respective agencies under this section, which shall include copies of all training materials used and the names and qualifications of the individuals who provide the training. (2) Classification and public release.--Each report submitted under paragraph (1) shall be-- (A) unclassified, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of each report, posted on the public website of the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. SEC. 5. INTERAGENCY TASK FORCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General, the Director, the Secretary, and the Secretary of Defense shall establish an interagency task force to analyze and combat White supremacist and neo-Nazi infiltration of the uniformed services and Federal law enforcement agencies. (b) Report.-- (1) In general.--Not later than 1 year after the interagency task force is established under subsection (a), the Attorney General, the Director, the Secretary, and the Secretary of Defense shall submit a joint report on the findings of the task force and the response of the Attorney General, the Director, the Secretary, and the Secretary of Defense to such findings, to-- (A) the Committee on the Judiciary of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Select Committee on Intelligence of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on the Judiciary of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives; (G) the Permanent Select Committee on Intelligence of the House of Representatives; and (H) the Committee on Armed Services of the House of Representatives. (2) Classification and public release.--The report submitted under paragraph (1) shall be-- (A) submitted in unclassified form, to the greatest extent possible, with a classified annex only if necessary; and (B) in the case of the unclassified portion of the report, posted on the public website of the Department of Defense, the Department of Homeland Security, the Department of Justice, and the Federal Bureau of Investigation. SEC. 6. DEPARTMENT OF JUSTICE SUPPORT FOR HATE CRIME INCIDENTS WITH A NEXUS TO DOMESTIC TERRORISM. (a) Community Relations Service.--The Community Relations Service of the Department of Justice, authorized under section 1001(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000g), may offer the support of the Service to communities where the Department of Justice has brought charges in a hate crime incident that has a nexus to domestic terrorism. (b) Federal Bureau of Investigation.--Section 249 of title 18, United States Code, is amended by adding at the end the following: ``(e) Federal Bureau of Investigation.--The Attorney General, acting through the Director of the Federal Bureau of Investigation, shall assign a special agent or hate crimes liaison to each field office of the Federal Bureau of Investigation to investigate hate crimes incidents with a nexus to domestic terrorism (as such term is defined in section 2 of the Domestic Terrorism Prevention Act of 2020).''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Department of Justice, the Federal Bureau of Investigation, the Department of Homeland Security, and the Department of Defense such sums as may be necessary to carry out this Act. all
H.R. 351 (Introduced in House) - COLA’s Don’t Count Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr351ih/html/BILLS-117hr351ih.htm	DOC 117th CONGRESS 1st Session H. R. 351 To amend the Food and Nutrition Act of 2008 to exclude from income, for the purpose of determining eligibility and benefits, income received from cost of living adjustments made under titles II and XVI of the Social Security Act and from supplementary payments received under section 1616 of such Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Moore of Wisconsin introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Food and Nutrition Act of 2008 to exclude from income, for the purpose of determining eligibility and benefits, income received from cost of living adjustments made under titles II and XVI of the Social Security Act and from supplementary payments received under section 1616 of such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COLA's Don't Count Act of 2021''. SEC. 2. AMENDMENT. Section 5(d) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(d)) of such Act-- (1) in paragraph (18) by striking ``and'' at the end, (2) by redesignating paragraph (19) as paragraph (20), and (3) by inserting after paragraph (18) the following: ``(19) income attributable to cost of living adjustments received under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq.), and supplementary payments received under section 1616 of such Act (42 U.S.C. 1382e); and''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 2021. all
H.R. 352 (Introduced in House) - Jobs to Fight COVID–19 Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr352ih/html/BILLS-117hr352ih.htm	DOC 117th CONGRESS 1st Session H. R. 352 To establish an initiative for national testing, contact tracing, and pandemic response, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Morelle (for himself and Mr. Takano) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish an initiative for national testing, contact tracing, and pandemic response, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs to Fight COVID-19 Act of 2021''. SEC. 2. DEFINITIONS. Except as otherwise explicitly provided, in this Act: (1) COVID-19.--The term ``COVID-19'' means the novel coronavirus disease of 2019 (COVID-19). (2) Health professional shortage area.--The term ``health professional shortage area'' has the meaning given the term in section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a)). (3) Medically underserved populations.--The term ``medically underserved population'' has the meaning given the term in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) State.--The term ``State'' refers to each of the 50 States and the District of Columbia. (6) Territory.--The term ``territory'' means the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. (7) Tribal.--The term ``Tribal'', with respect to a health department, includes-- (A) Indian Tribes that-- (i) are operating one or more health facilities pursuant to an agreement under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); or (ii) receive services from a facility operated by the Indian Health Services; and (B) Tribal organizations and Native Hawaiian organizations, as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221), and urban Indian organizations. SEC. 3. GRANTS TO SUPPORT PANDEMIC PUBLIC WORKS. (a) Definitions.--In this section: (1) In general.--Except as otherwise provided in this section or section 2, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Apprenticeship; apprenticeship program.--The term ``apprenticeship'' or ``apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. (3) Contact tracing and pandemic response positions.--The term ``contact tracing and pandemic response positions'' means employment related to-- (A) contact tracing, surveillance, containment, and mitigation activities needed to implement the national system under section 6; (B) other activities necessary for pandemic response, including cleaning and mitigation activities; and (C) activities necessary to respond to the economic impacts of COVID-19. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a State or territory; (B)(i) an Indian Tribe, Tribal organization, Alaska Native entity, or Native Hawaiian organization as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221); or (ii) an Indian-controlled organization serving Indians as defined in such section 166; or (C) a unit of local government, if an entity described in subparagraph (A) has not applied with respect to the area over which the unit has jurisdiction by the deadline required under subsection (b)(2)(B). (5) Eligible individual.--The term ``eligible individual'' means an individual seeking or securing employment in a contact tracing or pandemic response position and who is served by an eligible entity or community-based organization receiving funding under this section. (6) Unit of local government.--The term ``unit of local government'' means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. (b) Grants.-- (1) In general.--Subject to the availability of appropriations under subsection (l), the Secretary shall award a grant to each eligible entity that submits a complete application under subsection (c), to enable the eligible entity to-- (A) as applicable, support the recruitment, placement, and training of, and provide employment to, eligible individuals seeking employment in contact tracing and pandemic response positions; and (B) assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment. (2) Timeline.-- (A) Deadline for secretary application requirements.--The Secretary shall issue application requirements under subsection (c) not later than 10 days after the date of enactment of this Act. (B) State and tribal applications.--The deadline for applications from eligible entities described in subparagraph (A) or (B) of subsection (a)(4) shall be the date that is 30 days after the date the Secretary issues application requirements under subparagraph (A). (C) Applications for local governments serving as eligible entities.--The deadline for applications for grants from eligible entities described in subsection (a)(4)(C) shall be the date that is 10 days after the date that applications are due under subparagraph (B). (D) Grant awards.--The Secretary shall award a grant to an eligible entity under paragraph (1) not later than 15 days after the date on which applications are due under subparagraph (C). (c) Grant Application.--An eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of-- (1) how the eligible entity will, as applicable, support the recruitment, placement, and training of, and provide employment to, of eligible individuals seeking employment in contact tracing and pandemic response positions; (2) how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and pandemic response positions with respect to-- (A) the State plans referred to in the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); and (B) the number of eligible individuals that the State plans to recruit, train, and employ under the plans described in subparagraph (A); (3) the specific strategies for recruiting, placement, and employment of eligible individuals from or residing within the communities in which they will work, including-- (A) plans for the recruitment of eligible individuals to serve in contact tracing or pandemic response positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, self-employed individuals who are unemployed as a result of COVID-19, or underemployed or furloughed workers, who are from or reside in or near the locality in which they will serve, and who, to the extent practicable-- (i) have experience or a background in industry sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing or pandemic response positions; or (ii) seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing or pandemic response positions; and (B) how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity; (4) the amount, timing, and mechanisms for distribution of funds provided to local units of government or through subgrants as described in subsection (d)(2)(A) or (e); (5) for eligible entities described in subparagraph (A) or (B) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to-- (A) geography (such as urban and rural distribution); (B) medically underserved populations; (C) health professional shortage areas; and (D) the racial and ethnic diversity of the area; (6) for eligible entities described in subsection (a)(4)(C), a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5); and (7) how the eligible entity will collaborate with State boards and local boards, the unemployment compensation system of the State, and the employment service offices (providing services under the Wagner-Peyser Act (29 U.S.C. 50 et seq.)) of the State regarding the State reemployment services and eligibility assessment activities and the activities provided under this section. (d) Grant Distribution.-- (1) Federal distribution.-- (A) Use of funds.--The Secretary shall use the funds appropriated to carry out this section as follows: (i) Subject to clause (ii), the Secretary shall distribute funds among eligible entities that submit a complete application under subsection (c) in accordance with a formula to be established by the Secretary that-- (I) provides a minimum level of funding to each eligible entity that submits a complete application; and (II) allocates additional funding as follows: (aa) The formula shall give first priority based on the number and proportion of contact tracing or pandemic response positions for which the eligible entity plans to recruit, place, train, and employ individuals as a part of the State strategy described in subsection (c)(2)(A). (bb) The formula shall give second highest priority to applications that will serve States, territories, Indian Tribes, or Native Hawaiian populations that have the highest unemployment rates, as determined based on the most recent data available. (cc) The formula shall give third highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID-19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (dd) The formula shall give fourth highest priority to applicants preparing for, or currently working to mitigate, a COVID-19 surge in a geographic region that does not yet have a high number of reported cases of COVID-19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (ee) The formula shall give fifth highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. (ii) Not more than 2 percent of the funding for administration of the grants and for providing technical assistance to recipients of funds under this section. (B) Equitable distribution.--If the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under subsection (c)(5). (2) Eligible entity use of funds.--An eligible entity described in subsection (a)(4)(A)-- (A) shall, not later than 30 days after the date on which the entity receives grant funds under this section, use not less than 40 percent of grant funds to award subgrants to units of local government for the purpose of carrying out activities described in subsection (f); (B) may use not more than 5 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (e); (C) in providing subgrants to units of local government under subparagraph (A) and awarding subgrants under subsection (e), shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and (D) may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local units of government and community- based organizations. (e) Outreach and Education Subgrant Authorization and Application Process.-- (1) In general.--An eligible entity receiving a grant under this section may use a portion of such funds to award a subgrant to one or more community-based organizations for the purposes of partnering with an eligible entity to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing or pandemic response positions. (2) Application.--A community-based organization desiring a subgrant under this subsection shall submit an application at such time and in such manner as the eligible entity may reasonably require, including-- (A) a demonstration of the community-based organization's established expertise and effectiveness in community outreach in the locality that such organization plans to serve; (B) a demonstration of the community-based organization's expertise in providing employment or information to the locality in which such organization plans to serve; and (C) a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services. (f) Eligible Activities.--An eligible entity receiving a grant, or a unit of local government receiving a subgrant from an eligible entity, under this section shall use such grant or subgrant funds-- (1) to support the recruitment and placement of eligible individuals; (2) to employ eligible individuals in contact training or pandemic response positions; (3) to support the training and employment transition as related to contact tracing or pandemic response positions; (4) for the following activities: (A) Establishing or expanding training partnerships with-- (i) community-based health providers, including community health centers and rural health clinics; (ii) labor organizations or joint labor management organizations; (iii) 2-year and 4-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and (iv) community action agencies or other community-based organizations serving localities in which there is a demand for contact tracing or pandemic response positions. (B) Providing training for contact tracing or pandemic response positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy and ensuring that eligible individuals receive compensation while participating in such training. (C) Providing eligible individuals with-- (i) adequate and safe equipment, environments, and facilities for training and supervision, as applicable; (ii) supplies and equipment needed by the program participants to support placement of an individual in contact tracing or pandemic response positions, as applicable; and (iii) services for the period during which the individual is employed in a contact tracing or pandemic response position to ensure job retention, which may include-- (I) supportive services throughout the term of employment; or (II) a continuation of skills training as related to employment in a contact tracing or pandemic response position, that is conducted in collaboration with the employers of such participants; and (5) supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or pandemic response positions after such positions are no longer necessary in the State or locality, which may include-- (A) providing additional disaster relief employment and employment and training activities described in subparagraphs (A) and (C) of section 170(d)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(1)) and services described in section 7(a)(1) of the Wagner-Peyser Act (29 U.S.C. 49f(a)(1)); (B) providing services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing or pandemic response positions, as appropriate; and (C) assisting eligible individuals in obtaining other employment directly with the eligible entity, or with a unit of local government, after serving in a contact tracing or pandemic response position supported under this section, by paying for the costs of not more than 10 percent of the total compensation provided by the eligible entity or unit of local government to such eligible individual for a period of not more than the first year in which the individual is so employed, if such employment is not otherwise subsidized under this or any other Act. (g) Requirements for Transition Back to Unemployment Compensation.--As a condition of an eligible entity that is a State receiving a grant under this section, the State law (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) of the State shall, in the case of an individual who is receiving unemployment compensation under at the time the individual enrolls in a program funded under the grant, provide for the following: (1) Such individual shall be eligible to resume receiving unemployment compensation after leaving such program if the individual is unemployed. (2) The amount of the weekly benefit amount for such individual shall be the greater of-- (A) the weekly benefit amount such individual was receiving when such individual entered the program; or (B) a weekly benefit amount that is determined based on such individual's earnings from employment under the program. (h) Limitations.-- (1) Extension of period for contact tracing or pandemic response positions.--A person may be employed in a contact tracing or pandemic response position using funds under this section for a period not greater than 2 years. (2) Prohibition of displacement.--An individual placed in a contact tracing or pandemic response position under this section shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits)-- (A) any employee of the eligible entity; or (B) any contractor, or employee of any contractor, of the eligible entity. (i) Reporting by the Department of Labor.-- (1) In general.--Not later than 120 days of the enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives, and make publicly available, a report containing a description of-- (A) the number of eligible individuals recruited, hired, and trained for contact tracing or pandemic response positions under this section; (B) the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing or pandemic response positions using funds under this Act; (C) the number of such individuals who were unemployed prior to being hired or trained as described in subparagraph (A); (D) the performance of each program supported by funds under this Act with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable; (E) the number of individuals in unsubsidized employment within 6 months and 1 year, respectively, of the conclusion of employment in contact tracing or pandemic response positions, the quarterly wages, and number of hours worked per week, of such individuals, and, of those individuals, the number of individuals within a State, territorial, or local public health department in an occupation related to public health; and (F) any information on how eligible entities, units of local government, or community-based organizations that received funding under this section were able to support the goals of the national system for COVID-19 testing, contact tracing, surveillance, containment, and mitigation established under section 6. (2) Disaggregation.--All data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (j) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in subsection (a), including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. (k) Information Sharing Requirement for HHS.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall provide the Secretary of Labor, acting through the Assistant Secretary of the Employment and Training Administration, with information on grants under section 7, including-- (1) the formula used to award such grants to State, local, Tribal, and territorial health departments; (2) the dollar amounts of and scope of the work funded under such grants; (3) the geographic areas served by eligible entities that receive such grants; and (4) the number of individual to be hired in contact tracing or pandemic response positions using such grants. (l) Authorization of Appropriations.--Of the amounts appropriated to carry out this Act under section 9, $100,000,000,000 shall be used by the Secretary to carry out subsections (a) through (h). SEC. 4. SERVICE CONTRACT ACT APPLICATION. Contracts and grants that include contact tracing or other pandemic response activities as part of the scope of work and that are awarded under this Act shall require that individuals in contact tracing and pandemic response positions are paid not less than the prevailing wage and fringe rates required under chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act'') for the area in which the work is performed. To the extent that a nonstandard wage determination is required to establish a prevailing wage for contact tracing or pandemic response positions for purposes of this Act, the Secretary of Labor shall issue such determination not later than 14 days after the date of enactment of this Act, based on a job description used by the Centers for Disease Control and Prevention and contractors or grantees performing contact tracing or pandemic response activities for State public health agencies. SEC. 5. AWARENESS CAMPAIGNS. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in coordination with other offices and agencies, as appropriate, shall award competitive grants or contracts to one or more public entities to carry out multilingual and culturally appropriate awareness campaigns. Such campaigns shall-- (1) be based on available scientific evidence; (2) increase awareness and knowledge of COVID-19, including countering stigma associated with COVID-19; (3) improve information on the availability of COVID-19 diagnostic testing; (4) promote cooperation with contact tracing efforts; and (5) promote employment opportunities performing contact tracing and other pandemic response activities. (b) Authorization of Appropriations.--Of the amounts appropriated to carry out this Act under section 9, $5,000,000,000 shall be used by the Secretary to carry out this section. SEC. 6. NATIONAL SYSTEM FOR COVID-19 TESTING, CONTACT TRACING, SURVEILLANCE, CONTAINMENT, AND MITIGATION. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, and in coordination with the applicable offices of the Department of Health and Human Services and State, local, Tribal, and territorial health departments, shall establish and implement a nationwide evidence-based system for-- (1) testing, contact tracing, surveillance, containment, and mitigation with respect to COVID-19; (2) offering guidance on voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID-19; and (3) public reporting on testing, contact tracing, surveillance, and voluntary isolation and quarantine activities with respect to COVID-19. (b) Coordination; Technical Assistance.--In carrying out the national system under this section, the Secretary of Health and Human Services shall-- (1) coordinate State, local, Tribal, and territorial activities related to testing, contact tracing, surveillance, containment, and mitigation with respect to COVID-19, as appropriate; and (2) provide technical assistance for such activities, as appropriate. (c) Consideration.--In establishing and implementing the national system under this section, the Secretary of Health and Human Services shall take into consideration the State and Tribal plans referred to in the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139). (d) Reporting.--The Secretary of Health and Human Services shall-- (1) not later than December 31, 2021, submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a preliminary report on the effectiveness of the activities carried out pursuant to this Act; and (2) not later than December 21, 2022, submit to such committees a final report on such effectiveness. SEC. 7. HEALTH DEPARTMENT GRANTS. (a) Definition of Secretary.--In this section, the term ``Secretary'' means the Secretary of Health and Human Services. (b) Grants Authorized.--To implement the national system under section 6, the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, subject to the availability of appropriations, award grants to State, local, Tribal, and territorial health departments that seek grants under this section to carry out coordinated testing, contact tracing, surveillance, containment, and mitigation with respect to COVID-19, including-- (1) diagnostic and surveillance testing and reporting; (2) community-based contact tracing efforts; and (3) policies related to voluntary isolation and quarantine of individuals infected with, or exposed to individuals infected with, the virus that causes COVID-19. (c) Flexibility.--The Secretary shall ensure that-- (1) the grants under subsection (b) provide flexibility for State, local, Tribal, and territorial health departments to modify, establish, or maintain evidence-based systems; and (2) local health departments receive funding from State health departments or directly from the Centers for Disease Control and Prevention to contribute to such systems, as appropriate. (d) Allocations.-- (1) Formula.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall allocate amounts made available pursuant to subsection (b) in accordance with a formula, to be established by the Secretary, that-- (A) provides a minimum level of funding to each State, local, Tribal, and territorial health department that seeks a grant under this section; and (B) allocates additional funding based on the following prioritization: (i) The Secretary shall give highest priority to applicants proposing to serve populations in one or more geographic regions with a high burden of COVID-19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (ii) The Secretary shall give second highest priority to applicants preparing for, or currently working to mitigate, a COVID-19 surge in a geographic region that does not yet have a high number of reported cases of COVID- 19 based on data provided by the Centers for Disease Control and Prevention, or other sources as determined by the Secretary. (iii) The Secretary shall give third highest priority to applicants proposing to serve high numbers of low-income and uninsured populations, including medically underserved populations, health professional shortage areas, racial and ethnic minorities, or geographically diverse areas, as determined by the Secretary. (2) Notification.--Not later than the date that is 7 days before first awarding grants under this section, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a notification detailing the formula established under paragraph (1) for allocating amounts made available pursuant to subsection (b). (e) Use of Funds.--A State, local, Tribal, or territorial health department receiving a grant under this section shall, to the extent possible, use the grant funds for activities determined appropriate by the Director of the Centers for Disease Control and Prevention (in coordination with Tribal health organizations) to implement the national system under section 6. (f) Reporting.-- (1) In general.--The Secretary shall facilitate mechanisms for timely, standardized reporting by grantees under this section regarding implementation of the systems established under this section and coordinated processes with the reporting as required under the heading ``Public Health and Social Service Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139, 134 Stat. 620), including-- (A) a summary of county or local health department level information from the entities receiving funding under this section about the activities that will be undertaken using funding awarded under this section, including subgrants; and (B) any barriers in the prevention, testing, mitigation, or treatment of COVID-19 under this section. (2) Tribal data sovereignty.--The Secretary shall consult with Indian Tribes and Tribal organizations and coordinate with Tribal health organizations to ensure that any reporting process under this section honors and preserves the data sovereignty of individuals who are members of Indian Tribes or Tribal organizations (as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221)), including individuals who are members of Native Hawaiian organizations (as defined in such section 166), and urban Indian organizations. (g) Public Listing of Awards.--The Secretary shall-- (1) not later than 7 days after first awarding grants under this section, post in a searchable, electronic format a list of all awards made by the Secretary under this section, including the recipients and amounts of such awards; and (2) update such list not less than once every 7 days until all funds made available to carry out this section are expended. (h) Authorization of Appropriations.--Of the amounts appropriated to carry out this Act under section 9, $15,000,000,000 shall be used by the Secretary to carry out this section. SEC. 8. GUIDANCE AND TECHNICAL ASSISTANCE. (a) Department of Health and Human Services Guidelines.-- (1) In general.--Not later than 14 days after the date of the enactment of this Act, the Secretary of Health and Human Services, in coordination with the heads of other Federal agencies as appropriate, shall issue guidance, provide technical assistance, and provide information to States, units of local government, Tribes, and territories, with respect to the following: (A) Best practices regarding contact tracing, including the collection of data with respect to such contact tracing and requirements related to the standardization of demographic and syndromic information collected as part of contact tracing efforts. (B) Best practices regarding COVID-19 disease surveillance, including best practices to reduce duplication in surveillance activities, identifying gaps in surveillance and surveillance systems, and ways in which the Secretary of Health and Human Services plans to effectively support State, local, Tribal, and territorial health departments in addressing such gaps. (C) Information on ways for State, local, Tribal, and territorial health departments to establish and maintain the contact tracing and surveillance activities described in subparagraphs (A) and (B). (D) Best practices regarding privacy and cybersecurity protection related to contact tracing, containment, and mitigation efforts. (2) Communication.--The Secretary of Health and Human Services shall identify and publicly announce the form and manner for communication with State, local, Tribal, and territorial health departments for purposes of carrying out the activities addressed by guidance issued under paragraph (1). (b) Labor and Workplace Related Guidance.--Not later than 14 days after the date of enactment of this Act, the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall provide guidance and technical assistance regarding how to provide individuals in contact tracing and pandemic response positions with healthy and safe working conditions. (c) Ongoing Provision of Guidance and Technical Assistance.-- Notwithstanding whether funds are available specifically to carry out this Act, guidance and technical assistance shall continue to be provided under this section. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act, $125,000,000,000 to remain available until expended. all
H.R. 353 (Introduced in House) - Security Clearance Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr353ih/html/BILLS-117hr353ih.htm	DOC 117th CONGRESS 1st Session H. R. 353 To modify the Standard Form 86 questionnaire used for national security eligibility determinations to include questions regarding an individual's membership in, or association with, organizations spreading conspiracy theories regarding the Government and participation in the activities occurring at the United States Capitol on January 6, 2021, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mrs. Murphy of Florida introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To modify the Standard Form 86 questionnaire used for national security eligibility determinations to include questions regarding an individual's membership in, or association with, organizations spreading conspiracy theories regarding the Government and participation in the activities occurring at the United States Capitol on January 6, 2021, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Improvement Act of 2021''. SEC. 2. MODIFICATION OF STANDARD FORM 86 TO INCLUDE QUESTIONS REGARDING AN INDIVIDUAL'S MEMBERSHIP IN, OR ASSOCIATION WITH, ORGANIZATIONS SPREADING CONSPIRACY THEORIES REGARDING THE GOVERNMENT AND PARTICIPATION IN THE ACTIVITIES OCCURRING AT THE UNITED STATES CAPITOL ON JANUARY 6, 2021. (a) In General.--Not later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall modify section 29 (relating to associations) of Standard Form 86 (commonly referred to as ``SF-86'') to include the following questions: (1) ``Have you ever been a member of, associated with, or knowingly engaged in activities conducted by an organization or movement that spreads conspiracy theories and false information about the United States Government?''. (2) ``Did you participate in the activities occurring at the United States Capitol on January 6, 2021, or in any similar activity?''. (b) Additional Information.--Each question required to be included in Standard Form 86 under subsection (a) shall include-- (1) an option for the individual filling out such Form to answer each question ``Yes'' or ``No''; and (2) a separate area for such individual, if such answer is ``Yes'', to provide additional information regarding such answer, including the nature of, and reasons for, the individual's involvement with the organization, movement, or activities described under such question. all
H.R. 354 (Introduced in House) - Chinese Communist Party Visa Disclosure Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr354ih/html/BILLS-117hr354ih.htm	DOC 117th CONGRESS 1st Session H. R. 354 To direct the Secretary of Homeland Security and Secretary of State to require aliens applying for certain visas to disclose if they receive funds from the Government of the People's Republic of China or the Chinese Communist Party, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube (for himself, Mr. Perry, Mr. Norman, Mr. Duncan, Mr. Diaz- Balart, Mr. Roy, Mr. Cawthorn, Mr. Balderson, and Mrs. Lesko) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To direct the Secretary of Homeland Security and Secretary of State to require aliens applying for certain visas to disclose if they receive funds from the Government of the People's Republic of China or the Chinese Communist Party, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chinese Communist Party Visa Disclosure Act of 2021'' or the ``CCP Visa Disclosure Act of 2021''. SEC. 2. DISCLOSURE ON CERTAIN VISA APPLICATIONS. (a) Disclosure Requirement for F and M Visas.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall update Form I-20, or a successor form with respect to eligibility for nonimmigrant student status, to require an alien submitting such form to report-- (1) whether the alien has received or plans to receive certain funds; (2) the amount of any certain funds received by the alien; and (3) a description of the entity providing any certain funds to the alien. (b) Disclosure Requirement for J Visas.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall update Form DS-2019, or a successor form with respect to eligibility for a exchange visitor status, to require an alien submitting such form to report-- (1) whether the alien has received or plans to receive certain funds; (2) the amount of any certain funds received by the alien; and (3) a description of the entity providing any certain funds to the alien. (c) Updated Disclosure Requirement.-- (1) In general.--An alien who receives certain funds after receiving a visa under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall report to the Secretary of Homeland Security and the Secretary of State the receipt of such funds not more than 90 days after the date on which such funds are received. (2) Provisional revocation based on failure to comply with disclosure requirement.--An alien who receives certain funds and does not report such receipt pursuant to paragraph (1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation was issued. (d) Disclosure for Alien Spouse and Minor Children.--The disclosure requirements under subsections (a) through (c) shall apply to an alien spouse or any minor children applying for or receiving a visa under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)). (e) Applicability.--Not later than 180 days after the date of the enactment of this Act, an alien, alien spouse, or any minor children who have a valid visa under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on the date of the enactment of this Act, shall report to the Secretary of Homeland Security-- (1) whether such alien has received or plans to receive certain funds; (2) the amount of any certain funds received by the alien; and (3) a description of the entity providing any certain funds to the alien. (f) Certain Funds Defined.--In this section, the term ``certain funds'' includes any amount of money provided to an alien from-- (1) the Government of the People's Republic of China; (2) the Chinese Communist Party; or (3) any entity owned or controlled by the Government of the People's Republic of China or the Chinese Communist Party. all
H.R. 355 (Introduced in House) - Illegal Alien NICS Alert Act	https://www.govinfo.gov/content/pkg/BILLS-117hr355ih/html/BILLS-117hr355ih.htm	DOC 117th CONGRESS 1st Session H. R. 355 To require the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and the relevant State and local law enforcement agencies whenever the information available to the system indicates that a person illegally or unlawfully in the United States may be attempting to receive a firearm. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and the relevant State and local law enforcement agencies whenever the information available to the system indicates that a person illegally or unlawfully in the United States may be attempting to receive a firearm. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Alien NICS Alert Act''. SEC. 2. REQUIREMENT THAT NICS NOTIFY ICE AND STATE AND LOCAL LAW ENFORCEMENT AGENCIES OF ATTEMPTED RECEIPT OF FIREARM BY PERSON ILLEGALLY OR UNLAWFULLY IN THE UNITED STATES. Section 103(e) of the Brady Handgun Violence Prevention Act (34 U.S.C. 40901(e)) is amended by adding at the end the following: ``(3) Requirement to notify ice and state and local law enforcement agencies of attempted receipt of firearm by person illegally or unlawfully in the united states.--The Attorney General shall ensure that, whenever the information available to the system established under this section indicates that a prospective firearm transferee is illegally or unlawfully in the United States, the system shall transmit to the Immigration and Customs Enforcement Agency and to relevant State and local law enforcement agencies a notice that the person may have attempted to receive a firearm in violation of section 922(g)(5) of title 18, United States Code, and shall include with the notice all relevant information possessed by the system.''. all
H.R. 356 (Introduced in House) - Federal Hiring Improvement Reform and Enforcement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr356ih/html/BILLS-117hr356ih.htm	DOC 117th CONGRESS 1st Session H. R. 356 To provide greater flexibility to agencies to make appointments to positions for which there is a severe shortage of candidates, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To provide greater flexibility to agencies to make appointments to positions for which there is a severe shortage of candidates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Hiring Improvement Reform and Enforcement Act'' or the ``Federal HIRE Act''. SEC. 2. FEDERAL AGENCY APPOINTMENT FLEXIBILITY. (a) In General.--Chapter 31 of title 5, United States Code, is amended by inserting after section 3116 the following new section: ``Sec. 3117. Agency appointment flexibility ``(a) In General.--The head of an agency may, without regard to the provisions of section 3304 and sections 3309 through 3318, appoint a qualified individual to a position within the agency that is in the competitive service and for which the head of the agency determines that there is a severe shortage of candidates. ``(b) Rule of Construction.--This provision shall not be construed as superseding or otherwise affecting any authority granted to the head of any agency under any other provision of law to make appointments without regard to a provision of chapter 33. ``(c) Agency Defined.--The term `agency' has the meaning given such term under section 551.''. (b) Clerical Amendment.--The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item related to section 3116 the following item: ``3117. Agency appointment flexibility.''. all
"H.R. 357 (Introduced in House)- To direct Federal departments and agencies to verify eligibility for 
Federal benefits for individuals 105 years of age or older, and for 
other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr357ih/html/BILLS-117hr357ih.htm	DOC 117th CONGRESS 1st Session H. R. 357 To direct Federal departments and agencies to verify eligibility for Federal benefits for individuals 105 years of age or older, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To direct Federal departments and agencies to verify eligibility for Federal benefits for individuals 105 years of age or older, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. VERIFICATION OF ELIGIBILITY FOR FEDERAL BENEFITS FOR CERTAIN ELDERLY INDIVIDUALS. (a) In General.--The head of each Federal department or agency that provides Federal benefits to individuals who have attained 105 years of age or more shall take appropriate steps to ensure, on a semiannual basis, that each such individual remains eligible for such benefits. (b) Authority To Issue Regulations.--The head of each Federal department or agency specified in paragraph (1) may issue regulations to implement this section. (c) Effective Date.--This section shall apply with respect to payments of Federal benefits made on or after December 31, 2022. all
H.R. 358 (Introduced in House) - Freedom from Regulating Edible Supplies and Horticulture Trucking Act	https://www.govinfo.gov/content/pkg/BILLS-117hr358ih/html/BILLS-117hr358ih.htm	DOC 117th CONGRESS 1st Session H. R. 358 To require the Secretary of Transportation to modify regulations concerning hours of service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To require the Secretary of Transportation to modify regulations concerning hours of service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom from Regulating Edible Supplies and Horticulture Trucking Act'' or the ``FRESH Trucking Act''. SEC. 2. MODIFICATION OF HOURS OF SERVICE REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Secretary shall amend part 395 of title 49, Code of Federal Regulations, to establish that, with respect to a motor carrier or driver transporting any agricultural, horticultural, or floricultural commodity (including both fresh and processed products, as well as sod and other agricultural products sensitive to temperature and climate and at the risk of perishing in transit)-- (1) loading and unloading of commercial motor vehicles shall be excluded from on-duty time requirements; (2) there shall be no requirement of a 30-minute rest break within the first 8 hours of the hours of service on-duty requirements and such carrier or driver may take breaks at any time during trip; and (3) such carrier or driver may complete a scheduled trip if they are over the hours of service maximum on-duty drive schedule and are within 150 miles of their scheduled delivery point. all
H.R. 359 (Introduced in House) - Modern GI Bill Act	https://www.govinfo.gov/content/pkg/BILLS-117hr359ih/html/BILLS-117hr359ih.htm	DOC 117th CONGRESS 1st Session H. R. 359 To amend title 38, United States Code, to allow individuals who are entitled to Post-9/11 educational assistance to use such assistance to repay Federal student loans. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube (for himself, Mrs. Rodgers of Washington, and Mrs. Hinson) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to allow individuals who are entitled to Post-9/11 educational assistance to use such assistance to repay Federal student loans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Modern GI Bill Act''. SEC. 2. USE OF POST-9/11 EDUCATIONAL ASSISTANCE TO REPAY FEDERAL STUDENT LOANS. (a) Authority.--Subchapter II of chapter 33 of title 38, United States Code, is amended by inserting after section 3320 the following new section: ``Sec. 3320A. Use of educational assistance benefits for the repayment of Federal student loans ``(a) Use of Benefits.--Notwithstanding any other provision of this chapter, an individual who is entitled to educational assistance for tuition or fees under this subchapter may apply amounts of such educational assistance to repay some or all of the outstanding balance of principal and interest due on a Federal student loan to the individual. ``(b) Maximum Annual Amount; Annual Adjustment.--(1) Payment of educational assistance under this section to an individual during fiscal year 2020 may not exceed $15,900. ``(2) In each fiscal year after fiscal year 2020, the dollar amount in paragraph (1) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1 of that year as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). ``(c) Monthly Payments: Maximum Amount; Maximum Number.--(1) The Secretary shall make monthly payments under this section in such amounts as an individual who is entitled to educational assistance for tuition or fees under this subchapter may elect for the repayment of a Federal student loan to that individual. No such amount may exceed one- twelfth of the maximum annual amount calculated under subsection (b)(1). ``(2) The total number of months of payments for the repayment of a Federal student loan to an individual under this section may not exceed 36 months. ``(d) Benefit Non-Transferable.--Notwithstanding section 3319 of this title, an individual who is entitled to educational assistance under this section may not transfer such assistance to another individual. ``(e) Eligible Payees.--The Secretary shall make payments of educational assistance under this section directly to the lender of the Federal student loan of the individual who is entitled to educational assistance under this section. ``(f) Arrangements To Make Payments; Regulations.--The Secretary shall enter into such arrangements, and shall prescribe such regulations, that the Secretary determines necessary to carry out this section. ``(g) Federal Student Loan Defined.--In this section, the term `Federal student loan' means any loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3320 the following new item: ``3320A. Use of educational assistance benefits for the repayment of Federal student loans.''. (c) Effective Date.--The amendments made by this section shall apply to educational assistance paid for months beginning on or after the date of the enactment of this Act. all
"H.R. 35 (Introduced in House) -To terminate the designation of the Islamic Republic of Pakistan as a 
major non-NATO ally, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr35ih/html/BILLS-117hr35ih.htm	DOC 117th CONGRESS 1st Session H. R. 35 To terminate the designation of the Islamic Republic of Pakistan as a major non-NATO ally, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To terminate the designation of the Islamic Republic of Pakistan as a major non-NATO ally, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF DESIGNATION OF THE ISLAMIC REPUBLIC OF PAKISTAN AS A MAJOR NON-NATO ALLY. (a) In General.--Effective beginning on the date of the enactment of this Act-- (1) the designation of the Islamic Republic of Pakistan as a major non-NATO ally pursuant to section 517(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k(a)(1)) or any other provision of law is hereby terminated; and (2) the President may not issue a separate designation of the Islamic Republic of Pakistan as a major non-NATO ally pursuant to section 517(a)(1) of such Act or any other provision of law unless the President submits to Congress a certification described in subsection (b). (b) Certification.--A certification described in this subsection is a certification that contains a determination of the President that-- (1) Pakistan continues to conduct military operations that are contributing to significantly disrupting the safe haven and freedom of movement of the Haqqani Network in Pakistan; (2) Pakistan has taken steps to demonstrate its commitment to prevent the Haqqani Network from using any Pakistani territory as a safe haven; (3) the Government of Pakistan actively coordinates with the Government of Afghanistan to restrict the movement of militants, such as the Haqqani Network, along the Afghanistan- Pakistan border; and (4) Pakistan has shown progress in arresting and prosecuting Haqqani Network senior leaders and mid-level operatives. all
H.R. 360 (Introduced in House) - VA Fiscal Responsibility Act	https://www.govinfo.gov/content/pkg/BILLS-117hr360ih/html/BILLS-117hr360ih.htm	DOC 117th CONGRESS 1st Session H. R. 360 To direct the Secretary of Veterans Affairs to automate third-party health insurance billings and collections of the Department of Veterans Affairs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to automate third-party health insurance billings and collections of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Fiscal Responsibility Act''. SEC. 2. THIRD-PARTY BILLINGS AND COLLECTIONS PROCEDURES OF DEPARTMENT OF VETERANS AFFAIRS. (a) Findings.--Congress finds the following: (1) A large number of third-party health billings by the Department of Veterans Affairs go uncollected each year. (2) Procedures to provide for correct billing and prompt collection must improve at the Department. (3) Congress has urged the Department to improve its systems for the collection of third-party payments that are owed to the Department for non-service-connected care for veterans. (4) It is important for the Department to increase collections of payments that are rightfully owed to the United States. (5) A comprehensive solution to the fee care issue is necessary to realize full collection potential. (b) Use of Automated Technology.-- (1) Requirement.--The Secretary of Veterans Affairs shall automate the collection of outstanding, overdue, and not fully paid third-party health insurance claims, regardless of the amount owed under any single claim. (2) Contract authority.--The Secretary shall seek to enter into a contract using competitive procedures to provide the capability described in paragraph (1). The Secretary shall award such a contract from among contractors that the Secretary determines have proven expertise and documented success in the private sector through the use of automated small-balance recovery and appeal processes. (3) Third-party health insurance claims.--In this section, the term ``third-party health insurance claims'' means claims made by the Secretary of Veterans Affairs to recover amounts from third parties pursuant to sections 1725 and 1729 of title 38, United States Code, and other similar provisions of law. all
H.R. 361 (Introduced in House) - Make Marriage Great Again Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr361ih/html/BILLS-117hr361ih.htm	DOC 117th CONGRESS 1st Session H. R. 361 To amend the Internal Revenue Code of 1986 to eliminate the marriage penalty in the income tax rate brackets. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to eliminate the marriage penalty in the income tax rate brackets. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Make Marriage Great Again Act of 2021''. SEC. 2. ELIMINATION OF MARRIAGE PENALTY IN INCOME TAX RATE BRACKETS. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(k) Elimination of Marriage Penalty.--In the case of any taxable year beginning after December 31, 2020-- ``(1) in lieu of the table which would otherwise apply under subsection (a) or (j)(2)(A) for such taxable year, the table which applies under subsection (c) or (j)(2)(C), respectively, shall apply determined by substituting for each dollar amount contained therein a dollar amount which is twice such dollar amount (as otherwise in effect for such taxable year), ``(2) subsection (c) shall be applied without regard to the phrase `who is not a married individual (as defined in section 7703)', and ``(3) subsections (d) and (j)(2)(D) shall not apply.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. all
H.R. 362 (Introduced in House) - U.S. Citrus Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr362ih/html/BILLS-117hr362ih.htm	DOC 117th CONGRESS 1st Session H. R. 362 To prohibit importation of commercially produced fresh citrus fruit originating from the People's Republic of China. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To prohibit importation of commercially produced fresh citrus fruit originating from the People's Republic of China. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. Citrus Protection Act''. SEC. 2. PROHIBITION ON IMPORTATION OF COMMERCIALLY PRODUCED FRESH CITRUS FRUIT ORIGINATING FROM THE PEOPLE'S REPUBLIC OF CHINA. (a) In General.--Notwithstanding any other provision of law, articles of commercially produced fresh citrus fruit originating from the People's Republic of China may not be imported into the United States. (b) Effective Date.--This Act shall take effect on the date that is 90 days after the date of the enactment of this Act. all
H.R. 363 (Introduced in House) - Properly Reducing Overexemptions for Sports Act	https://www.govinfo.gov/content/pkg/BILLS-117hr363ih/html/BILLS-117hr363ih.htm	DOC 117th CONGRESS 1st Session H. R. 363 To amend the Internal Revenue Code of 1986 to exclude major professional sports leagues from qualifying as tax-exempt organizations. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exclude major professional sports leagues from qualifying as tax-exempt organizations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Properly Reducing Overexemptions for Sports Act'' or the ``PRO Sports Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The National Hockey League (NHL), PGA Tour, and Ladies Professional Golf Association (LPGA) each have league offices that are registered with the Internal Revenue Service as nonprofit organizations under section 501(c)(6) of the Internal Revenue Code of 1986. (2) League-wide operations of the NHL, PGA Tour, and LPGA together generate over $1,000,000,000 in annual revenue, and these businesses are unmistakably organized for profit and to promote their brands. (3) According to the Internal Revenue Service, section 501(c)(6) of the Internal Revenue Code of 1986 is for groups looking to promote a ``common business interest and not to engage in a regular business of a kind ordinarily carried on for profit''. (4) According to the Internal Revenue Service, businesses that conduct operations for profit on a ``cooperative basis'' should not qualify for tax-exempt treatment under section 501(c)(6) of the Internal Revenue Code of 1986. SEC. 3. ELIMINATION OF SPECIFIC EXEMPTION FOR PROFESSIONAL FOOTBALL LEAGUES. (a) In General.--Paragraph (6) of section 501(c) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``, or professional football leagues (whether or not administering a pension fund for football players)'', and (2) by inserting ``or'' after ``real-estate boards,''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 4. SPECIAL RULES RELATING TO PROFESSIONAL SPORTS LEAGUES. (a) In General.--Section 501 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(s) Special Rules Relating to Professional Sports Leagues.--No organization or entity shall be treated as described in subsection (c)(6) if such organization or entity-- ``(1) is a professional sports league, organization, or association, a substantial activity of which is to foster national or international professional sports competitions (including by managing league business affairs, officiating or providing referees, coordinating schedules, managing sponsorships or broadcast sales, operating loan programs for competition facilities, or overseeing player conduct), and ``(2) has annual gross receipts in excess of $10,000,000.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. all
H.R. 364 (Introduced in House) - Veterans’ True Choice Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr364ih/html/BILLS-117hr364ih.htm	DOC 117th CONGRESS 1st Session H. R. 364 To amend title 10, United States Code, to provide eligibility for TRICARE Select to veterans with service-connected disabilities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 10, United States Code, to provide eligibility for TRICARE Select to veterans with service-connected disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' True Choice Act of 2021''. SEC. 2. ELIGIBILITY FOR TRICARE FOR VETERANS WITH SERVICE-CONNECTED DISABILITIES. (a) In General.-- (1) Enrollment in tricare select.--Section 1075 of title 10, United States Code, is amended-- (A) in subsection (b)(1)(B), by inserting before the period at the end the following: ``, and covered veteran beneficiaries under subsection (h), other than Medicare-eligible beneficiaries described in such subsection (d)(2)''; (B) by redesignating subsection (h) as subsection (i); and (C) by inserting after subsection (g) the following new subsection: ``(h) Covered Veteran Beneficiaries.--(1) Subject to section 1086(d) of this title, a covered veteran beneficiary may elect to enroll in TRICARE Select during the annual open enrollment season of the TRICARE program. ``(2) The cost-sharing requirements under TRICARE Select for covered veteran beneficiaries shall be calculated pursuant to subsection (d)(1), regardless of the date of the original enlistment or appointment of the beneficiary in the uniformed services. ``(3) A dependent of a covered veteran beneficiary may not enroll in the TRICARE program solely by reason of the covered veteran beneficiary enrolling in the TRICARE program.''. (2) Enrollment in tricare for life.--Section 1086(d) of such title is amended-- (A) in paragraph (1), by inserting before the period at the end the following: `` or pursuant to section 1075(h) of this title''; and (B) in paragraphs (2) and (4), by inserting ``, or section 1075(h) of this title,'' after ``a person referred to in subsection (c)'' both places it appears. (3) Definition.--Section 1072 of such title is amended by adding at the end the following new paragraph: ``(16) The term `covered veteran beneficiary' means a veteran who-- ``(A) is eligible to enroll in the system of patient enrollment under paragraph (1), (2), or (3) of section 1705 of title 38; and ``(B) is eligible to enroll in the TRICARE program only pursuant to-- ``(i) section 1075(h) of this title; or ``(ii) section 1086(d) of this title by reason of being an individual who would be covered by section 1075(h) but for being a Medicare-eligible beneficiary covered by such section 1086(d).''. (4) Enrollment in va health care.--Section 1705 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A covered veteran beneficiary who enrolls in the TRICARE program may not be concurrently enrolled in the system of patient enrollment under subsection (a), and the Secretary may not furnish medical care to the covered veteran beneficiary under this chapter or other provision of law administered by the Secretary while the covered veteran beneficiary is so enrolled in the TRICARE program. ``(2) In this subsection, the terms `covered veteran beneficiary' and `TRICARE program' have the meaning given those terms in section 1072 of title 10.''. (b) Memorandum of Understanding.--The Secretary of Veterans Affairs and the Secretary of Defense shall enter into a memorandum of understanding under which the Secretary of Veterans Affairs reimburses the Secretary of Defense for the costs of enrolling covered veteran beneficiaries in the TRICARE program pursuant to the amendments made by subsection (a), as jointly determined appropriate by the Secretaries. (c) Implementation.-- (1) Effective date.--The amendments made by this section shall take effect one year after the date of the enactment of this Act. (2) Regulations.--During the one-year period following the date on which the amendments made by this section take effect, the Secretary of Veterans Affairs and the Secretary of Defense shall each prescribe regulations to carry out such amendments. (3) Phase in.--During the one-year period following the date on which the regulations are prescribed under paragraph (2), the Secretaries shall phase in the enrollment of covered veteran beneficiaries in accordance with the annual open enrollment season of the TRICARE program. (4) VA center for innovation for care and payment.--The Secretary of Veterans Affairs shall carry out this subsection through the Center for Innovation for Care and Payment of the Department of Veterans Affairs. (d) Reports.-- (1) Reports on implementation.--On a quarterly basis during the two-year period following the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall jointly submit to the Committees on Veterans' Affairs and Armed Services of the Senate and the House of Representatives a report on the implementation of this Act and the amendments made by this Act. (2) Annual reports.--Not later than one year after the date on which the final report under paragraph (1) is required to be submitted, and annually thereafter, the Secretaries shall jointly submit to the Committees on Veterans' Affairs and Armed Services of the Senate and the House of Representatives a report on covered veteran beneficiaries enrolled in the TRICARE program. (e) Definitions.--In this section, the terms ``covered veteran beneficiary'' and ``TRICARE program'' have the meaning given those terms in section 1072 of title 10, United States Code, as amended by subsection (a). all
H.R. 365 (Introduced in House) - Marijuana 1-to-3 Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr365ih/html/BILLS-117hr365ih.htm	DOC 117th CONGRESS 1st Session H. R. 365 To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the rescheduling of marijuana into schedule III of the Controlled Substances Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Marijuana 1-to-3 Act of 2021''. SEC. 2. RESCHEDULING OF MARIJUANA. Notwithstanding section 201 and subsections (a) and (b) of section 202 of the Controlled Substances Act (21 U.S.C. 811, 812) respecting the scheduling of controlled substances, the Attorney General of the United States shall, by order not later than 60 days after the date of enactment of this section, transfer marijuana (for purposes of this Act given the same meaning given the term ``marihuana'' in section 102 of such Act) from schedule I of such Act to schedule III of such Act. all
H.R. 366 (Introduced in House) - Protecting Access to Post-COVID–19 Telehealth Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr366ih/html/BILLS-117hr366ih.htm	DOC 117th CONGRESS 1st Session H. R. 366 To amend title XI of the Social Security Act to authorize the Secretary of Health and Human Services to waive or modify application of Medicare requirements with respect to telehealth services during any emergency period, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Thompson of California (for himself, Ms. Matsui, Mr. Schweikert, Mr. Johnson of Ohio, Mr. Curtis, and Mr. Welch) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XI of the Social Security Act to authorize the Secretary of Health and Human Services to waive or modify application of Medicare requirements with respect to telehealth services during any emergency period, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Post-COVID-19 Telehealth Act of 2021''. SEC. 2. AUTHORIZATION FOR THE SECRETARY OF HEALTH AND HUMAN SERVICES TO WAIVE OR MODIFY APPLICATION OF MEDICARE REQUIREMENTS WITH RESPECT TO TELEHEALTH SERVICES. (a) Secretarial Authority to Temporarily Waive or Modify Medicare Requirements With Respect to Telehealth Services Furnished During Any Emergency Period.--Section 1135 of the Social Security Act (42 U.S.C. 1320b-5) is amended by adding at the end the following new subsection: ``(h) Waiver or Modification of Certain Requirements With Respect to Telehealth Services.-- ``(1) In general.--Notwithstanding any other provision of this section, during the period described paragraph (2), the Secretary may waive or modify any requirement with respect to a telehealth service payable under section 1834(m)(1) for such period. ``(2) Period described.--For purposes of paragraph (1), the period described in this paragraph is the period-- ``(A) beginning on the first day of-- ``(i) an emergency or disaster declared by the President pursuant to the National Emergencies Act or the Robert T. Stafford Disaster Relief and Emergency Assistance Act; or ``(ii) a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act; and ``(B) ending on the day that is 90 days after the last day of an emergency, disaster, or public health emergency described in subparagraph (A).''. (b) Report.-- (1) Definitions.--In this subsection: (A) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the outbreak and public health response pertaining to Coronavirus Disease 2019 (COVID-19), associated with the emergency declared by the Secretary on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), and any renewals thereof and any subsequent declarations by the Secretary related to COVID-19. (B) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (2) Data collection and reports on the use of telehealth during the covid-19 public health emergency.-- (A) Data collection and analysis.-- (i) In general.--Beginning not later than 30 days after the date of enactment of this Act, the Secretary shall collect and analyze qualitative and quantitative data on the impact of telehealth services, virtual check-ins, digital health, and remote patient monitoring technologies on health care delivery permitted by the waiver or modification of certain requirements under titles XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and any regulations thereunder, pursuant to section 1135 of such Act (42 U.S.C. 1320b-5) during the COVID-19 public health emergency, which may include the collection of data regarding-- (I) health care utilization rates across the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for individuals confirmed or suspected to have COVID-19 and individuals seeking care unrelated to COVID-19, including-- (aa) patient access to telehealth services in medically underserved communities; or (bb) individuals receiving telehealth services through federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4)) or rural health clinics (as defined in section 1861(aa)(2) of such Act (42 U.S.C. 1395x(aa)(2))) serving as originating sites or distant sites, and any challenges for providers furnishing telehealth services in these communities; (II) health care quality for individuals confirmed or suspected to have COVID-19 and individuals seeking care unrelated to COVID-19 as measured by-- (aa) quality of care metrics, such as hospital readmission rates, missed appointment rates, or wellness visits, and (bb) engagement metrics, such as voluntary patient satisfaction surveys and voluntary provider satisfaction surveys; (III) audio-only telehealth utilization rates when other video- based telehealth was not an option or any other telehealth services that were not provided in real-time (including text-messaging or through online chat platforms), the types of visits, and the types of providers treating individuals; (IV) telehealth utilization rates used to treat individuals across State lines; (V) the health outcomes of any individual who utilizes telehealth services to treat an underlying health condition such as diabetes, end-stage renal disease, chronic lung disease, obstructive pulmonary disease, coronary artery disease, or cirrhosis and the types of technology utilized to receive care, including text-messaging, online chat platforms, audio-only, or video conferencing; (VI) the health outcomes of any individual who utilizes mental health care and substance use disorder treatment services, and the types of technology utilized to receive care, including text-messaging, online chat platforms, audio-only, or video conferencing; (VII) the impact of State and Federal privacy and security protections on the delivery of care and patient safety, including the security of the various technologies utilized to deliver or receive telehealth care; (VIII) how telehealth access differs by race, ethnicity, or income levels; (IX) the types of technologies utilized to deliver or receive telehealth care, including Zoom, Skype, FaceTime, text messaging, online chat platforms, or other technologies, as observed by the Secretary, and utilization rates, disaggregated by type of technology (as applicable); (X) the investments necessary for providers to develop a platform to effectively provide telehealth services to their patients, including the costs of the necessary technology and the costs of training staff; and (XI) any additional information determined appropriate by the Secretary. (ii) Broadband availability data.--Upon request by the Secretary, the Assistant Secretary of Commerce for Communications and Information and the Federal Communications Commission shall provide the Secretary any relevant data regarding the availability of broadband internet access service (as defined in section 801 of the Communications Act of 1934 (47 U.S.C. 641)) for the purposes of completing the report under clause (i). (B) Interim report to congress.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subparagraph (A). For the purposes of the interim report, the Secretary may determine which data collected and analyzed under subparagraph (A) is most appropriate to complete such report. (C) Final report to congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Energy and Commerce of the House of Representatives a final report on the impact of telehealth based on the data collected and analyzed under subparagraph (A) that includes-- (i) conclusions regarding the impact of telehealth services on health care delivery during the COVID-19 public health emergency; and (ii) an estimation for total Medicare spending on telehealth services, including total spending for each specific type of service for which Medicare reimbursed. (D) Stakeholder input.-- (i) In general.--For purposes of subparagraph (A), (B), and (C), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. (ii) Comment period.--For the purposes of this subsection, the Secretary shall establish a comment period not later than 14 days after the date of enactment of this Act. SEC. 3. RURAL HEALTH CLINICS AND FEDERALLY QUALIFIED HEALTH CENTERS. (a) Expansion of Distant Sites.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in the first sentence of paragraph (1)-- (A) by striking ``or a practitioner (described in section 1842(b)(18)(C))'' and inserting ``, a practitioner (described in section 1842(b)(18)(C)), a federally qualified health center, or a rural health clinic''; and (B) by striking ``or practitioner'' and inserting ``, practitioner, federally qualified health center, or rural health clinic''; (2) in paragraph (2)(A)-- (A) by inserting ``or to a federally qualified health center or rural health clinic that serves as a distant site'' after ``a distant site''; and (B) by striking ``such physician or practitioner'' and inserting ``such physician, practitioner, federally qualified health center, or rural health clinic''; and (3) in paragraph (4)-- (A) in subparagraph (A), by inserting ``and includes a federally qualified health center or rural health clinic that furnishes a telehealth service to an eligible individual'' before the period at the end; and (B) in subparagraph (F), by adding at the end the following new clause: ``(iii) Inclusion of rural health clinic services and federally qualified health center services furnished using telehealth.--For purposes of this subparagraph, the term `telehealth services' includes a rural health clinic service or Federally qualified health center service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary under clause (i) or (ii) are listed on the corresponding claim for such rural health clinic service or Federally qualified health center service.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. SEC. 4. ELIMINATION OF RESTRICTIONS RELATING TO TELEHEALTH SERVICES. (a) Elimination of Geographic Restrictions of Originating Sites.-- Section 1834(m)(4)(C)(i) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(i)) is amended-- (1) by striking ``the service is furnished via a telecommunications system and only if such site is located--'' and inserting ``the service--''; (2) by redesignating subclauses (I) through (III) as items (aa) through (cc), respectively, and moving the margins two ems to the right; and (3) by inserting before item (aa), as redesignated by paragraph (2), the following new subclauses: ``(I) is furnished via a telecommunications system; and ``(II) for the period beginning on the date of the enactment of this subclause and ending on December 31, 2021, only if such site is located--''. (b) Elimination of Restrictions in Which Telehealth Services May Be Furnished in the Home.--Section 1834(m)(4)(C)(ii)(X)) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)(X) is amended to read as follows: ``(X)(aa) For the period beginning on the date of the enactment of this subclause and ending on December 31, 2021, the home of an individual but only for purposes of section 1881(b)(3)(B) or telehealth services described in paragraph (7). ``(bb) For the period beginning on or after January 1, 2022, the home of an individual.''. (c) Inclusion of Additional Originating Sites as Determined by the Secretary.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XI) Any other location determined by the Secretary.''. all
H.R. 367 (Engrossed in House) - Homeland Security Acquisition Professional Career Program Act	https://www.govinfo.gov/content/pkg/BILLS-117hr367eh/html/BILLS-117hr367eh.htm	DOC 117th CONGRESS 1st Session H. R. 367 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to establish an acquisition professional career program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Acquisition Professional Career Program Act''. SEC. 2. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER PROGRAM. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 711. ACQUISITION PROFESSIONAL CAREER PROGRAM. ``(a) Establishment.--There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. ``(b) Administration.--The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). ``(c) Program Requirements.--The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. ``(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. ``(2) Establish and publish on the Department's website eligibility criteria for candidates to participate in the program. ``(3) Carry out recruitment efforts to attract candidates-- ``(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; ``(B) with diverse work experience outside of the Federal Government; or ``(C) with military service. ``(4) Hire eligible candidates for designated positions under the program. ``(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. ``(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. ``(d) Reports.--Not later than December 31, 2021, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: ``(1) The number of candidates approved for the program. ``(2) The number of candidates who commenced participation in the program, including generalized information on such candidates' backgrounds with respect to education and prior work experience, but not including personally identifiable information. ``(3) A breakdown of the number of participants hired under the program by type of acquisition position. ``(4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. ``(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year's data, as available. ``(6) The Department's recruiting efforts for the program. ``(7) The Department's efforts to promote retention of program participants. ``(e) Definitions.--In this section: ``(1) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(2) Historically black colleges and universities.--The term `historically Black colleges and universities' has the meaning given the term `part B institution' in section 322(2) of Higher Education Act of 1965 (20 U.S.C. 1061(2)). ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: ``Sec. 711. Acquisition professional career program.''. Passed the House of Representatives April 20, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 367 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to establish an acquisition professional career program, and for other purposes.
H.R. 367 (Introduced in House) - Homeland Security Acquisition Professional Career Program Act	https://www.govinfo.gov/content/pkg/BILLS-117hr367ih/html/BILLS-117hr367ih.htm	DOC 117th CONGRESS 1st Session H. R. 367 To amend the Homeland Security Act of 2002 to establish an acquisition professional career program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Titus introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To amend the Homeland Security Act of 2002 to establish an acquisition professional career program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Acquisition Professional Career Program Act''. SEC. 2. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER PROGRAM. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 711. ACQUISITION PROFESSIONAL CAREER PROGRAM. ``(a) Establishment.--There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. ``(b) Administration.--The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). ``(c) Program Requirements.--The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. ``(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. ``(2) Establish and publish on the Department's website eligibility criteria for candidates to participate in the program. ``(3) Carry out recruitment efforts to attract candidates-- ``(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; ``(B) with diverse work experience outside of the Federal Government; or ``(C) with military service. ``(4) Hire eligible candidates for designated positions under the program. ``(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. ``(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. ``(d) Reports.--Not later than December 31, 2021, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: ``(1) The number of candidates approved for the program. ``(2) The number of candidates who commenced participation in the program, including generalized information on such candidates' backgrounds with respect to education and prior work experience, but not including personally identifiable information. ``(3) A breakdown of the number of participants hired under the program by type of acquisition position. ``(4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. ``(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year's data, as available. ``(6) The Department's recruiting efforts for the program. ``(7) The Department's efforts to promote retention of program participants. ``(e) Definitions.--In this section: ``(1) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(2) Historically black colleges and universities.--The term `historically Black colleges and universities' has the meaning given the term `part B institution' in section 322(2) of Higher Education Act of 1965 (20 U.S.C. 1061(2)). ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: ``Sec. 711. Acquisition professional career program.''. all
H.R. 367 (Referred in Senate) - Homeland Security Acquisition Professional Career Program Act	https://www.govinfo.gov/content/pkg/BILLS-117hr367rfs/html/BILLS-117hr367rfs.htm	DOC 117th CONGRESS 1st Session H. R. 367 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 22, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to establish an acquisition professional career program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security Acquisition Professional Career Program Act''. SEC. 2. AUTHORIZATION OF THE ACQUISITION PROFESSIONAL CAREER PROGRAM. (a) In General.--Title VII of the Homeland Security Act of 2002 (6 U.S.C. 341 et seq.) is amended by adding at the end the following new section: ``SEC. 711. ACQUISITION PROFESSIONAL CAREER PROGRAM. ``(a) Establishment.--There is established in the Department an acquisition professional career program to develop a cadre of acquisition professionals within the Department. ``(b) Administration.--The Under Secretary for Management shall administer the acquisition professional career program established pursuant to subsection (a). ``(c) Program Requirements.--The Under Secretary for Management shall carry out the following with respect to the acquisition professional career program. ``(1) Designate the occupational series, grades, and number of acquisition positions throughout the Department to be included in the program and manage centrally such positions. ``(2) Establish and publish on the Department's website eligibility criteria for candidates to participate in the program. ``(3) Carry out recruitment efforts to attract candidates-- ``(A) from institutions of higher education, including such institutions with established acquisition specialties and courses of study, historically Black colleges and universities, and Hispanic-serving institutions; ``(B) with diverse work experience outside of the Federal Government; or ``(C) with military service. ``(4) Hire eligible candidates for designated positions under the program. ``(5) Develop a structured program comprised of acquisition training, on-the-job experience, Department-wide rotations, mentorship, shadowing, and other career development opportunities for program participants. ``(6) Provide, beyond required training established for program participants, additional specialized acquisition training, including small business contracting and innovative acquisition techniques training. ``(d) Reports.--Not later than December 31, 2021, and annually thereafter through 2027, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the acquisition professional career program. Each such report shall include the following information: ``(1) The number of candidates approved for the program. ``(2) The number of candidates who commenced participation in the program, including generalized information on such candidates' backgrounds with respect to education and prior work experience, but not including personally identifiable information. ``(3) A breakdown of the number of participants hired under the program by type of acquisition position. ``(4) A list of Department components and offices that participated in the program and information regarding length of time of each program participant in each rotation at such components or offices. ``(5) Program attrition rates and post-program graduation retention data, including information on how such data compare to the prior year's data, as available. ``(6) The Department's recruiting efforts for the program. ``(7) The Department's efforts to promote retention of program participants. ``(e) Definitions.--In this section: ``(1) Hispanic-serving institution.--The term `Hispanic- serving institution' has the meaning given such term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). ``(2) Historically black colleges and universities.--The term `historically Black colleges and universities' has the meaning given the term `part B institution' in section 322(2) of Higher Education Act of 1965 (20 U.S.C. 1061(2)). ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 710 the following new item: ``Sec. 711. Acquisition professional career program.''. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 368 (Introduced in House) - Protecting Vice Presidents Act	https://www.govinfo.gov/content/pkg/BILLS-117hr368ih/html/BILLS-117hr368ih.htm	DOC 117th CONGRESS 1st Session H. R. 368 To amend title 18, United States Code, to provide United States Secret Service protection to former Vice Presidents, their spouses, and their children under 16, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mrs. Torres of California introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to provide United States Secret Service protection to former Vice Presidents, their spouses, and their children under 16, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Vice Presidents Act''. SEC. 2. SECRET SERVICE PROTECTION TO FORMER VICE PRESIDENTS, THEIR SPOUSES, AND THEIR CHILDREN UNDER AGE OF 16. Section 3056(a)(8) of title 18, United States Code, is amended to read as follows: ``(8) Former Vice Presidents, their spouses, and their children who are under 16 years of age, except that protection of a spouse shall terminate in the event of remarriage.''. all
H.R. 369 (Introduced in House) - Health Care Affordability Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr369ih/html/BILLS-117hr369ih.htm	DOC 117th CONGRESS 1st Session H. R. 369 To amend the Internal Revenue Code of 1986 to improve affordability and reduce premium costs of health insurance for consumers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Underwood (for herself, Mr. O'Halleran, Mr. Gomez, Ms. Clarke of New York, Ms. Sewell, Mrs. McBath, Ms. McCollum, Ms. Barragan, Mr. Lawson of Florida, Ms. Porter, Mr. Payne, Mr. Ryan, Ms. DeLauro, Mr. Deutch, and Ms. Scanlon) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to improve affordability and reduce premium costs of health insurance for consumers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Affordability Act of 2021''. SEC. 2. IMPROVE AFFORDABILITY AND REDUCE PREMIUM COSTS OF HEALTH INSURANCE FOR CONSUMERS. (a) In General.--Section 36B(b)(3)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) Applicable percentage.--The applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier: ------------------------------------------------------------------------ ``In the case of household income (expressed as a percent of poverty The initial The final line) within the following income premium premium tier: percentage is-- percentage is-- ------------------------------------------------------------------------ Up to 150.0 percent.................. 0.0 0.0 150.0 percent up to 200.0 percent.... 0.0 3.0 200.0 percent up to 250.0 percent.... 3.0 4.0 250.0 percent up to 300.0 percent.... 4.0 6.0 300.0 percent up to 400.0 percent.... 6.0 8.5 400.0 percent and higher............. 8.5 8.5''. ------------------------------------------------------------------------ (b) Conforming Amendment.--Section 36B(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``but does not exceed 400 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. all
H.R. 36 (Introduced in House) - To repeal the National Voter Registration Act of 1993.	https://www.govinfo.gov/content/pkg/BILLS-117hr36ih/html/BILLS-117hr36ih.htm	DOC 117th CONGRESS 1st Session H. R. 36 To repeal the National Voter Registration Act of 1993. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To repeal the National Voter Registration Act of 1993. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF NATIONAL VOTER REGISTRATION ACT OF 1993. The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is repealed. all
H.R. 370 (Engrossed in House) - Quadrennial Homeland Security Review Technical Corrections Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr370eh/html/BILLS-117hr370eh.htm	DOC 117th CONGRESS 1st Session H. R. 370 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''. SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review: ``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following: ``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. ``(ii) Information, including data used in the risk model, utilized to generate such risk assessment. ``(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment. ``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. Passed the House of Representatives April 20, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 370 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes.
H.R. 370 (Introduced in House) - Quadrennial Homeland Security Review Technical Corrections Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr370ih/html/BILLS-117hr370ih.htm	DOC 117th CONGRESS 1st Session H. R. 370 To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mrs. Watson Coleman (for herself, Mr. Thompson of Mississippi, Mr. Katko, and Mr. Taylor) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''. SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review: ``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following: ``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. ``(ii) Information, including data used in the risk model, utilized to generate such risk assessment. ``(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment. ``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. all
H.R. 370 (Referred in Senate) - Quadrennial Homeland Security Review Technical Corrections Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr370rfs/html/BILLS-117hr370rfs.htm	DOC 117th CONGRESS 1st Session H. R. 370 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 22, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to make technical corrections to the requirement that the Secretary of Homeland Security submit quadrennial homeland security reviews, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Quadrennial Homeland Security Review Technical Corrections Act of 2021''. SEC. 2. TECHNICAL CORRECTIONS TO QUADRENNIAL HOMELAND SECURITY REVIEW. (a) In General.--Section 707 of the Homeland Security Act of 2002 (6 U.S.C. 347) is amended-- (1) in subsection (a)(3)-- (A) in subparagraph (B), by striking ``and'' after the semicolon at the end; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following new subparagraph: ``(C) representatives from appropriate advisory committees established pursuant to section 871, including the Homeland Security Advisory Council and the Homeland Security Science and Technology Advisory Committee, or otherwise established, including the Aviation Security Advisory Committee established pursuant to section 44946 of title 49, United States Code; and''; (2) in subsection (b)-- (A) in paragraph (2), by inserting before the semicolon at the end the following: ``based on the risk assessment required pursuant to subsection (c)(2)(B)''; (B) in paragraph (3)-- (i) by inserting ``, to the extent practicable,'' after ``describe''; and (ii) by striking ``budget plan'' and inserting ``resources required''; (C) in paragraph (4)-- (i) by inserting ``, to the extent practicable,'' after ``identify''; (ii) by striking ``budget plan required to provide sufficient resources to successfully'' and inserting ``resources required to''; and (iii) by striking the semicolon at the end and inserting the following: ``, including any resources identified from redundant, wasteful, or unnecessary capabilities or capacities that may be redirected to better support other existing capabilities or capacities, as the case may be; and''; (D) in paragraph (5), by striking ``; and'' and inserting a period; and (E) by striking paragraph (6); (3) in subsection (c)-- (A) in paragraph (1), by striking ``December 31 of the year'' and inserting ``60 days after the date of the submission of the President's budget for the fiscal year after the fiscal year''; (B) in paragraph (2)-- (i) in subparagraph (B), by striking ``description of the threats to'' and inserting ``risk assessment of''; (ii) in subparagraph (C), by inserting ``, as required under subsection (b)(2)'' before the semicolon at the end; (iii) in subparagraph (D)-- (I) by inserting ``to the extent practicable,'' before ``a description''; and (II) by striking ``budget plan'' and inserting ``resources required''; (iv) in subparagraph (F)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; and (II) by striking ``the status of''; (v) in subparagraph (G)-- (I) by inserting ``to the extent practicable,'' before ``a discussion''; (II) by striking ``the status of''; (III) by inserting ``and risks'' before ``to national homeland''; and (IV) by inserting ``and'' after the semicolon at the end; (vi) by striking subparagraph (H); and (vii) by redesignating subparagraph (I) as subparagraph (H); (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph: ``(3) Documentation.--The Secretary shall retain and, upon request, provide to Congress the following documentation regarding each quadrennial homeland security review: ``(A) Records regarding the consultation carried out pursuant to subsection (a)(3), including the following: ``(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online communications tools, in- person discussions, and the interagency process. ``(ii) Information on how feedback received by the Secretary informed each such quadrennial homeland security review. ``(B) Information regarding the risk assessment required pursuant to subsection (c)(2)(B), including the following: ``(i) The risk model utilized to generate such risk assessment. ``(ii) Information, including data used in the risk model, utilized to generate such risk assessment. ``(iii) Sources of information, including other risk assessments, utilized to generate such risk assessment. ``(iv) Information on assumptions, weighing factors, and subjective judgments utilized to generate such risk assessment, together with information on the rationale or basis thereof.''; (4) by redesignating subsection (d) as subsection (e); and (5) by inserting after subsection (c) the following new subsection: ``(d) Review.--Not later than 90 days after the submission of each report required under subsection (c)(1), the Secretary shall provide to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the degree to which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report were integrated into the acquisition strategy and expenditure plans for the Department.''. (b) Effective Date.--The amendments made by this Act shall apply with respect to a quadrennial homeland security review conducted after December 31, 2021. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 371 (Introduced in House) - For the relief of Robert Feiss.	https://www.govinfo.gov/content/pkg/BILLS-117hr371ih/html/BILLS-117hr371ih.htm	DOC 117th CONGRESS 1st Session H. R. 371 For the relief of Robert Feiss. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Robert Feiss. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PAYMENT. The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, the sum of $39,709.66 to Robert Feiss of Ojai, California, in compensation for payments he was entitled to but did not receive for years 2011 through 2013 under the Primary Care Incentive Payment Program established under section 1833(x) of the Social Security Act (42 U.S.C. 1395l(x)) and in consideration of the fact-- (1) that Robert Feiss has served as an outspoken advocate for the health care needs of his patients through his work as a primary care physician; and (2) that, on May 30, 2018, the United States Court of Federal Claims found that ``It appears that, through no fault of his own, plaintiff has lost over $39,000 in government Medicare incentive payments that he was entitled to by providing Family Practice services'' and that ``the evidence strongly supports plaintiff's argument that he was providing Family Practice services and should have been classified as such, but a coding error denied plaintiff this status for several years''. SEC. 2. SATISFACTION OF CLAIM. The sum paid under section 1 shall be in full satisfaction of any claims that Robert Feiss may have against the United States arising on the basis of payments owed for years 2011 through 2013 under the Primary Care Incentive Payment Program described in section 1(1)(B). SEC. 3. LIMITATION ON ATTORNEY FEES. Not more than 10 percent of the sum paid under section 1 shall be paid to or received by any agent or attorney for services rendered in connection with the recovery of such sum. Any person who violates this section shall be fined under title 18, United States Code. all
"H.R. 372 (Introduced in House)- For the relief of Alirio Palacios Gamez, Hilda Veronica Ramirez 
Mendez, and Jayro Ivan Juarez Ramirez."	https://www.govinfo.gov/content/pkg/BILLS-117hr372ih/html/BILLS-117hr372ih.htm	DOC 117th CONGRESS 1st Session H. R. 372 For the relief of Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 19, 2021 Mr. Doggett introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR ALIRIO PALACIOS GAMEZ, HILDA VERONICA RAMIREZ MENDEZ, AND JAYRO IVAN JUAREZ RAMIREZ. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez (also known as Jayron Ivan Juarez Mendez and as Jaro Ivan Ramirez Mendez) shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez (also known as Jayron Ivan Juarez Mendez and as Jaro Ivan Ramirez Mendez) enters the United States before the filing deadline specified in subsection (c), each such named individual shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Waiver of Grounds for Removal or Denial of Admission.-- (1) In general.--Notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez (also known as Jayron Ivan Juarez Mendez and as Jaro Ivan Ramirez Mendez) may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act. (2) Recession of outstanding order of removal.--The Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, or Jayro Ivan Juarez Ramirez (also known as Jayron Ivan Juarez Mendez and as Jaro Ivan Ramirez Mendez) by reason of any ground described in paragraph (1). (d) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to each of Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez (also known as Jayron Ivan Juarez Mendez and as Jaro Ivan Ramirez Mendez), the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (f) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Alirio Palacios Gamez, Hilda Veronica Ramirez Mendez, and Jayro Ivan Juarez Ramirez (also known as Jayron Ivan Juarez Mendez and as Jaro Ivan Ramirez Mendez) shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. all
H.R. 373 (Introduced in House)- To treat certain face coverings and disinfectants as medical expensesfor purposes of certain Federal tax benefits.	https://www.govinfo.gov/content/pkg/BILLS-117hr373ih/html/BILLS-117hr373ih.htm	DOC 117th CONGRESS 1st Session H. R. 373 To treat certain face coverings and disinfectants as medical expenses for purposes of certain Federal tax benefits. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Curtis (for himself, Mr. Bera, and Mr. Van Drew) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To treat certain face coverings and disinfectants as medical expenses for purposes of certain Federal tax benefits. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCLUSION OF CERTAIN FACE COVERINGS AND DISINFECTANTS AS MEDICAL EXPENSES FOR CERTAIN FEDERAL TAX BENEFITS. (a) In General.--For purposes of section 213 of the Internal Revenue Code of 1986 (and any provision of such Code which relies on such section for the definition of medical care, including sections 105, 106, 213, 220, and 223 of such Code), amounts paid (or expenses incurred, as the case may be) during the specified period for qualified COVID-19 prevention items shall be treated as amounts paid (or expenses incurred) for medical care. (b) Qualified COVID-19 Prevention Items.--For purposes of this section, the term ``qualified COVID-19 prevention items'' means-- (1) face masks which are recommended by the Director of the Centers for Disease Control and Prevention for use by the general public to reduce the spread of COVID-19, and (2) hand sanitizers which are recommended by the Commissioner of Food and Drugs for use by general public to reduce the spread of COVID-19. (c) Specified Period.--For purposes of this section-- (1) In general.--The term ``specified period'' means the period beginning on the date of the enactment of this Act and ending with the close of calendar year which includes the date on which the Secretary, after consultation with the Secretary of Health and Human Services, determines that the COVID-19 public health emergency has terminated. (2) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the emergency declared with respect to COVID-19 by the Secretary of Health and Human Services on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d) (and any renewals or extensions thereof). (d) Treatment of Plan Amendments.--A plan or other arrangement that otherwise satisfies all applicable requirements of sections 106 and 125 of the Internal Revenue Code of 1986 (including any rules or regulations thereunder) shall not fail to be treated as a cafeteria plan or health flexible spending arrangement merely because such plan or arrangement is amended pursuant to a provision under this section and such amendment is retroactive, if-- (1) such amendment is adopted no later than the last day of the plan year in which the amendment is effective, and (2) the plan or arrangement is operated consistent with the terms of such amendment during the period beginning on the effective date of the amendment and ending on the date the amendment is adopted. all
H.R. 374 (Introduced in House) - World Health Organization Accountability Act	https://www.govinfo.gov/content/pkg/BILLS-117hr374ih/html/BILLS-117hr374ih.htm	DOC 117th CONGRESS 1st Session H. R. 374 To prohibit the availability of United States contributions to the World Health Organization until Congress receives a full report on China and the COVID-19 pandemic, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mrs. Boebert (for herself, Mr. Hice of Georgia, Mr. Budd, Mr. Norman, Mr. Cawthorn, Mr. Biggs, Mr. Gaetz, and Mr. Rouzer) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To prohibit the availability of United States contributions to the World Health Organization until Congress receives a full report on China and the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``World Health Organization Accountability Act''. SEC. 2. PROHIBITION. No Federal funds authorized to be appropriated or otherwise made available for United States contributions to the World Health Organization or for United States participation in any of the activities of the World Health Organization may be obligated or expended until the date on which the Secretary of State and the Secretary of Health and Human Services jointly submit to Congress a report describing the manner and extent to which the handling by the World Health Organization and the Government of the People's Republic of China of the COVID-19 outbreak prior to March 11, 2020, contributed to the emergence of the COVID-19 global pandemic. all
H.R. 375 (Introduced in House) - No Mask Mandates Act	https://www.govinfo.gov/content/pkg/BILLS-117hr375ih/html/BILLS-117hr375ih.htm	DOC 117th CONGRESS 1st Session H. R. 375 To provide that no person may be required to wear a face covering on Federal property or while traveling in interstate commerce, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mrs. Boebert introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To provide that no person may be required to wear a face covering on Federal property or while traveling in interstate commerce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Mask Mandates Act''. SEC. 2. PROHIBITION ON FEDERAL MASK MANDATES. Notwithstanding any other provision of law, no person may be required to wear a face covering on Federal property or while traveling in interstate commerce. all
H.R. 376 (Introduced in House) - Paris Agreement Constitutional Treaty Act	https://www.govinfo.gov/content/pkg/BILLS-117hr376ih/html/BILLS-117hr376ih.htm	DOC 117th CONGRESS 1st Session H. R. 376 To require the advice and consent to ratification of the Paris Agreement by the United States Senate before any action may be taken to carry out the goals of the Paris Agreement, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mrs. Boebert (for herself, Mr. Biggs, Mr. Brooks, Mr. Good of Virginia, Mr. Budd, Mr. Mooney, Ms. Herrell, Mrs. Miller of Illinois, Mr. Pfluger, Mr. Cline, Mr. Weber of Texas, and Mr. LaMalfa) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To require the advice and consent to ratification of the Paris Agreement by the United States Senate before any action may be taken to carry out the goals of the Paris Agreement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paris Agreement Constitutional Treaty Act''. SEC. 2. TREATY OBLIGATIONS. No action may be taken to carry out the goals of the Paris Agreement, including any action, agenda, agreement, platform, or plan, unless the Senate first adopts a resolution of advice and consent to ratification of the Paris Agreement. SEC. 3. PROHIBITION ON USE OF FUNDS TO ADVANCE THE PARIS AGREEMENT. Notwithstanding any other provision of law and section 2, no funds are authorized to be appropriated, obligated, or expended to take any action to advance the Paris Agreement. SEC. 4. PARIS AGREEMENT DEFINED. In this Act, the term ``Paris Agreement'' means the decision by the United Nations Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, adopted December 12, 2015. all
H.R. 377 (Introduced in House) - Patrick Underwood Federal Law Enforcement Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr377ih/html/BILLS-117hr377ih.htm	DOC 117th CONGRESS 1st Session H. R. 377 To amend title 18, United States Code, to increase certain penalties for assaulting, resisting, or impeding certain officers or employees, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Arrington (for himself, Mr. Babin, Mr. Estes, and Mr. Banks) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to increase certain penalties for assaulting, resisting, or impeding certain officers or employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Patrick Underwood Federal Law Enforcement Protection Act of 2021''. SEC. 2. ASSAULTING, RESISTING, OR IMPEDING CERTAIN OFFICERS OR EMPLOYEES. Section 111 of title 18, United States Code, is amended to read as follows: ``Sec. 111. Assaulting, resisting, or impeding certain officers or employees ``(a) In General.--Whoever knowingly-- ``(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes while performing official duties, ``(2) makes physical contact with or has the intent to commit another felony while acting under paragraph (1), or ``(3) uses a deadly or dangerous weapon against (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury while acting under paragraph (1), any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while engaged in or on account of the performance of official duties, or any person who formerly served as a person defined above on account of the performance of official duties during such person's term of service shall be punished as provided in subsection (b). ``(b) Punishment.--A violation of subsection (a) shall be punished as follows: ``(1) For a violation of paragraph (1) of such subsection, by a fine under this title of not less than $1,000 or by imprisonment for not more than 1 year, or both. ``(2) For a violation of paragraph (2) of such subsection, by a fine under this title of not less than $2,500 or by imprisonment for not more than 10 years, or both. ``(3) For a violation of paragraph (3) of such subsection, by a fine under this title of not less than $10,000 or by mandatory imprisonment, or both.''. all
H.R. 378 (Introduced in House) - David Dorn Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr378ih/html/BILLS-117hr378ih.htm	DOC 117th CONGRESS 1st Session H. R. 378 To amend title 18, United States Code, to increase the maximum term of imprisonment for rioting, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Arrington (for himself, Mr. Babin, Mr. Estes, and Mr. Banks) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to increase the maximum term of imprisonment for rioting, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``David Dorn Act of 2021''. SEC. 2. INCREASED PENALTIES FOR RIOTING. Section 2101(a) of title 18, United States Code, is amended by striking ``Shall be fined under this title, or imprisoned not more than five years, or both'' and inserting ``Shall be fined under this title, but in no event less than $1,000, or imprisoned not more than ten years, or both''. all
H.R. 379 (Introduced in House) - Improving Social Determinants of Health Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr379ih/html/BILLS-117hr379ih.htm	DOC 117th CONGRESS 1st Session H. R. 379 To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Ms. Barragan (for herself, Mr. Butterfield, Mr. Cardenas, Ms. Clarke of New York, Ms. Blunt Rochester, Mr. Rush, Ms. Kelly of Illinois, Mr. Welch, Mr. Khanna, Mr. Deutch, Ms. Underwood, Mr. Higgins of New York, Mr. Grijalva, Ms. Roybal-Allard, Mr. Cohen, Ms. Moore of Wisconsin, Ms. Lee of California, Mr. Hastings, Mr. Carson, Ms. Norton, Mr. Raskin, Ms. Spanberger, Ms. Jackson Lee, Mr. Morelle, Mr. Sablan, Ms. Sanchez, Mr. Garcia of Illinois, Mr. Kildee, Mr. Levin of California, Ms. Porter, and Ms. Garcia of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To authorize the Director of the Centers for Disease Control and Prevention to carry out a Social Determinants of Health Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Social Determinants of Health Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Healthy People 2030 defines social determinants of health as conditions in the environments where people are born, live, learn, work, play, worship, and age that affect a wide range of health, functioning, and quality-of-life outcomes and risks. (2) One of the overarching goals of Healthy People 2030 is to ``create social, physical, and economic environments that promote attaining the full potential for health and well-being for all''. (3) Healthy People 2030 developed a ``place-based'' organizing framework, reflecting five key areas of social determinants of health namely-- (A) economic stability; (B) education access and quality; (C) social and community context; (D) health care access and quality; and (E) neighborhood and built environment. (4) It is estimated that medical care accounts for only 10 to 20 percent of the modifiable contributors to healthy outcomes for a population. (5) The Centers for Medicare & Medicaid Services has indicated the importance of the social determinants in its work stating that, ``As we seek to foster innovation, rethink rural health, find solutions to the opioid epidemic, and continue to put patients first, we need to take into account social determinants of health and recognize their importance.''. (6) The Department of Health and Human Services' Public Health 3.0 initiative recognizes the role of public health in working across sectors on social determinants of health, as well as the role of public health as chief health strategist in communities. (7) Through its Health Impact in 5 Years initiative, the Centers for Disease Control and Prevention has highlighted nonclinical, community-wide approaches that show positive health impacts, results within five years, and cost- effectiveness or cost-savings over the lifetime of the population or earlier. (8) Health departments and the Centers for Disease Control and Prevention are not funded for such cross-cutting work. SEC. 3. SOCIAL DETERMINANTS OF HEALTH PROGRAM. (a) Program.--To the extent and in the amounts made available in advance in appropriations Acts, the Director of the Centers for Disease Control and Prevention (in this Act referred to as the ``Director'') shall carry out a program, to be known as the Social Determinants of Health Program (in this Act referred to as the ``Program''), to achieve the following goals: (1) Improve health outcomes and reduce health inequities by coordinating social determinants of health activities across the Centers for Disease Control and Prevention. (2) Improve the capacity of public health agencies and community organizations to address social determinants of health in communities. (b) Activities.--To achieve the goals listed in subsection (a), the Director shall carry out activities including the following: (1) Coordinating across the Centers for Disease Control and Prevention to ensure that relevant programs consider and incorporate social determinants of health in grant awards and other activities. (2) Awarding grants under section 4 to State, local, territorial, and Tribal health agencies and organizations, and to other eligible entities, to address social determinants of health in target communities. (3) Awarding grants under section 5 to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4. (4) Coordinating, supporting, and aligning activities of the Centers for Disease Control and Prevention related to social determinants of health with activities of other Federal agencies related to social determinants of health, including such activities of agencies in the Department of Health and Human Services such as the Centers for Medicare & Medicaid Services. (5) Collecting and analyzing data related to the social determinants of health. SEC. 4. GRANTS TO ADDRESS SOCIAL DETERMINANTS OF HEALTH. (a) In General.--The Director, as part of the Program, shall award grants to eligible entities to address social determinants of health in their communities. (b) Eligibility.--To be eligible to apply for a grant under this section, an entity shall be-- (1) a State, local, territorial, or Tribal health agency or organization; (2) a qualified nongovernmental entity, as defined by the Director; or (3) a consortium of entities that includes a State, local, territorial, or Tribal health agency or organization. (c) Use of Funds.-- (1) In general.--A grant under this section shall be used to address social determinants of health in a target community by designing and implementing innovative, evidence-based, cross-sector strategies. (2) Target community.--For purposes of this section, a target community shall be a State, county, city, or other municipality. (d) Priority.--In awarding grants under this section, the Director shall prioritize applicants proposing to serve target communities with significant unmet health and social needs, as defined by the Director. (e) Application.--To seek a grant under this section, an eligible entity shall-- (1) submit an application at such time, in such manner, and containing such information as the Director may require; (2) propose a set of activities to address social determinants of health through evidence-based, cross-sector strategies, which activities may include-- (A) collecting quantifiable data from health care, social services, and other entities regarding the most significant gaps in health-promoting social, economic, and environmental needs; (B) identifying evidence-based approaches to meeting the nonmedical, social needs of populations identified by data collection described in subparagraph (A), such as unstable housing or food insecurity; (C) developing scalable methods to meet patients' social needs identified in clinical settings or other sites; (D) convening entities such as local and State governmental and nongovernmental organizations, health systems, payors, and community-based organizations to review, plan, and implement community-wide interventions and strategies to advance health- promoting social conditions; (E) monitoring and evaluating the impact of activities funded through the grant on the health and well-being of the residents of the target community and on the cost of health care; and (F) such other activities as may be specified by the Director; (3) demonstrate how the eligible entity will collaborate with-- (A) health systems; (B) payors, including, as appropriate, medicaid managed care organizations (as defined in section 1903(m)(1)(A) of the Social Security Act (42 U.S.C. 1396b(m)(1)(A))), Medicare Advantage plans under part C of title XVIII of such Act (42 U.S.C. 1395w-21 et seq.), and health insurance issuers and group health plans (as such terms are defined in section 2791 of the Public Health Service Act); (C) other relevant stakeholders and initiatives in areas of need, such as the Accountable Health Communities Model of the Centers for Medicare & Medicaid Services, health homes under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), community-based organizations, and human services organizations; (D) other non-health care sector organizations, including organizations focusing on transportation, housing, or food access; and (E) local employers; and (4) identify key health inequities in the target community and demonstrate how the proposed efforts of the eligible entity would address such inequities. (f) Monitoring and Evaluation.--As a condition of receipt of a grant under this section, a grantee shall agree to submit an annual report to the Director describing the activities carried out through the grant and the outcomes of such activities. (g) Independent National Evaluation.-- (1) In general.--Not later than 5 years after the first grants are awarded under this section, the Director shall provide for the commencement of an independent national evaluation of the program under this section. (2) Report to congress.--Not later than 60 days after receiving the results of such independent national evaluation, the Director shall report such results to the Congress. SEC. 5. RESEARCH AND TRAINING. The Director, as part of the Program-- (1) shall award grants to nonprofit organizations and public or other nonprofit institutions of higher education-- (A) to conduct research on best practices to improve social determinants of health; (B) to provide technical assistance, training, and evaluation assistance to grantees under section 4; and (C) to disseminate best practices to grantees under section 4; and (2) may require a grantee under paragraph (1) to provide technical assistance and capacity building to entities that are eligible entities under section 4 but not receiving funds through such section. SEC. 6. FUNDING. (a) In General.--There is authorized to be appropriated to carry out this Act, $50,000,000 for each of fiscal years 2022 through 2027. (b) Allocation.--Of the amount made available to carry out this Act for a fiscal year, not less than 75 percent shall be used for grants under sections 4 and 5. all
H.R. 37 (Introduced in House) - Voter Integrity Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr37ih/html/BILLS-117hr37ih.htm	DOC 117th CONGRESS 1st Session H. R. 37 To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to make voting in a Federal election by an unlawfully present alien an aggravated felony, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Integrity Protection Act''. SEC. 2. UNLAWFUL VOTING. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in subparagraph (T), by striking ``and'' at the end; (2) in subparagraph (U), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(V) an offense described in section 611 of title 18, United States Code, committed by an alien who is unlawfully present in the United States.''. (b) Deportable Offense.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Voting offenses.--Any alien who is unlawfully present in the United States and who knowingly commits a violation of section 611 of title 18, United States Code, is deportable.''. all
H.R. 380 (Introduced in House) - Abortion Is Not Health Care Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr380ih/html/BILLS-117hr380ih.htm	DOC 117th CONGRESS 1st Session H. R. 380 To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Biggs (for himself, Mr. Duncan, Mr. Norman, Mr. Gaetz, Mr. Mooney, Mr. Budd, Mr. Kelly of Pennsylvania, Mr. Gibbs, Mr. Rouzer, Mr. Allen, Mr. Roy, Mr. Gooden of Texas, Mr. Good of Virginia, Mr. Babin, Mr. Cawthorn, Mr. Lamborn, Mr. Moore of Alabama, Mr. Mullin, Mr. Johnson of Ohio, Mr. Rosendale, Mr. Banks, Mr. Keller, Mr. Steube, and Mr. Jackson) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide that amounts paid for an abortion are not taken into account for purposes of the deduction for medical expenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Abortion Is Not Health Care Act of 2021''. SEC. 2. AMOUNTS PAID FOR ABORTION NOT TAKEN INTO ACCOUNT IN DETERMINING DEDUCTION FOR MEDICAL EXPENSES. (a) In General.--Section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Amounts Paid for Abortion Not Taken Into Account.--An amount paid during the taxable year for an abortion shall not be taken into account under subsection (a).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. all
H.R. 381 (Introduced in House) - Pregnant Women Health and Safety Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr381ih/html/BILLS-117hr381ih.htm	DOC 117th CONGRESS 1st Session H. R. 381 To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Biggs (for himself, Mr. Duncan, Mr. Norman, Mr. Gaetz, Mr. Mooney, Mr. Budd, Mr. Gibbs, Mr. Rouzer, Mr. Gooden of Texas, Mrs. Hinson, Mr. Good of Virginia, Mr. Cawthorn, Mr. Moore of Alabama, Mr. Mullin, Mr. Johnson of Ohio, Mr. Allen, Mr. Keller, and Mr. Steube) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit certain abortion procedures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pregnant Women Health and Safety Act of 2021''. SEC. 2. REQUIREMENT FOR PHYSICIANS RELATING TO THE PERFORMANCE OF ABORTIONS. (a) In General.--Chapter 74 of title 18, United States Code, is amended-- (1) in the chapter heading by striking ``PARTIAL-BIRTH''; and (2) by inserting after section 1531 the following: ``Sec. 1532. Prohibition on certain procedures ``(a) Definition.--In this section, the term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions. ``(b) Requirements.--A physician who performs an abortion shall-- ``(1) have admitting privileges at a hospital located within 15 miles from the principal medical office of the physician and the location in which the abortion is being performed; and ``(2) at the time of the abortion, notify the patient involved of the hospital location where the patient can receive follow-up care by the physician if complications resulting from the abortion arise. ``(c) Offense.--It shall be unlawful for a physician, in or affecting interstate or foreign commerce, to knowingly perform an abortion and, in doing so, fail to comply with subsection (b). ``(d) Penalty.--Any physician who violates subsection (c) shall be fined under this title, imprisoned not more than 2 years, or both. ``(e) Limitation.--A woman upon whom a procedure described in subsection (c) is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.''. (b) Technical and Conforming Amendments.-- (1) Chapter 74.--The table of sections for such chapter is amended by inserting after the item relating to section 1531 the following: ``1532. Prohibition on certain procedures.''. (2) Part i.--The table of chapters for part I of title 18, United States Code, is amended by striking item relating to chapter 74 and inserting the following: ``74. Abortions............................................. 1531''. SEC. 3. REQUIREMENT OF ABORTION CLINICS. (a) In General.--Subject to subsection (b), as a condition for receiving any Federal funds or assistance, an abortion clinic shall-- (1) be licensed by the State in which it is located; and (2) be in compliance with the requirements for ambulatory surgery centers under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), except for any requirement relating to a certificate of public need for State licensing purposes. (b) Waiver.--For purposes of complying with subsection (a)(2) with respect to an abortion clinic, a State board of health may waive the application of certain structural requirements (as the Secretary of Health and Human Services determines appropriate). (c) Definition.--In this section, the term ``abortion clinic'' means a facility, other than a hospital or ambulatory surgery center, in which first, second, or third trimester abortions are performed during any 12-month period. all
H.R. 382 (Introduced in House) - Bikeshare Transit Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr382ih/html/BILLS-117hr382ih.htm	DOC 117th CONGRESS 1st Session H. R. 382 To amend titles 23 and 49, United States Code, with respect to bikeshare projects, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Blumenauer (for himself, Mr. Buchanan, and Ms. Pressley) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend titles 23 and 49, United States Code, with respect to bikeshare projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bikeshare Transit Act of 2021''. SEC. 2. DEFINITIONS. Section 5302 of title 49, United States Code, is amended in paragraph (1)(E)-- (1) by striking ``and the installation'' and inserting ``, the installation''; and (2) by inserting ``, and bikeshare projects'' after ``public transportation vehicles''. SEC. 3. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM ELIGIBLE PROJECTS. Section 149(b)(7) of title 23, United States Code, is amended by inserting ``shared micromobility (including bikesharing and shared scooter systems),'' after ``carsharing,''. all
H.R. 383 (Introduced in House) - Road User Charge Advancement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr383ih/html/BILLS-117hr383ih.htm	DOC 117th CONGRESS 1st Session H. R. 383 To include certain eligibility requirements in the surface transportation system funding alternatives program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Blumenauer (for himself and Mr. Lowenthal) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To include certain eligibility requirements in the surface transportation system funding alternatives program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Road User Charge Advancement Act of 2021''. SEC. 2. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS. Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Eligibility.-- ``(1) Application.--To be eligible for a grant under this section, a State or group of States shall submit to the Secretary an application in such form and containing such information as the Secretary may require. ``(2) Eligible projects.--The Secretary may provide grants to States or a group of States under this section for the following projects: ``(A) State pilot projects.-- ``(i) In general.--A pilot project to demonstrate a user-based alternative revenue mechanism in a State. ``(ii) Limitation.--If an applicant has previously been awarded a grant under this section, such applicant's proposed pilot project must be comprised of core activities or iterations not substantially similar in manner or scope to activities previously carried out by the applicant with a grant for a project under this section. ``(B) State implementation projects.--A project-- ``(i) to implement a user-based alternative revenue mechanism that collects revenue to be expended on projects for the surface transportation system of the State; or ``(ii) that demonstrates progress towards implementation of a user-based alternative revenue mechanism, with consideration for previous grants awarded to the applicant under this section.''; (2) in subsection (c)-- (A) in paragraph (1) by striking ``2 or more future''; and (B) by adding at the end the following: ``(6) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism.''; (3) in subsection (d) by striking ``to test the design, acceptance, and implementation of a user-based alternative revenue mechanism'' and inserting ``to test the design and acceptance of, or implement, a user-based alternative revenue mechanism''; (4) in subsection (g) by striking ``50 percent'' and inserting ``80 percent''; (5) in subsection (i)-- (A) in the heading by striking ``Biennial'' and inserting ``Annual''; (B) by striking ``2 years after the date of enactment of this Act'' and inserting ``1 year after the date of enactment of the Road User Charge Advancement Act of 2021''; (C) by striking ``every 2 years thereafter'' and inserting ``every year thereafter''; and (D) by inserting ``and containing a determination of the characteristics of the most successful mechanisms with the highest potential for future widespread deployment'' before the period at the end; and (6) by striking subsections (j) and (k) and inserting the following: ``(j) Funding.--From funds made available to carry out section 503(b) of title 23, United States Code, $35,000,000 shall be used to carry out this section for each of fiscal years 2022 through 2025. ``(k) Use of Funds.--Of amounts made available pursuant to subsection (j)-- ``(1) for fiscal year 2022, $17,500,000 shall be used to carry out projects under subsection (b)(2)(A) and $17,500,000 shall be used to carry out projects under subsection (b)(2)(B); ``(2) for fiscal year 2023, $15,000,000 shall be used to carry out projects under subsection (b)(2)(A) and $20,000,000 shall be used to carry out projects under subsection (b)(2)(B); ``(3) for fiscal year 2024, $12,500,000 shall be used to carry out projects under subsection (b)(2)(A) and $22,500,000 shall be used to carry out projects under subsection (b)(2)(B); and ``(4) for fiscal year 2025, $10,000,000 shall be used to carry out projects under subsection (b)(2)(A) and $25,000,000 shall be used to carry out projects under subsection (b)(2)(B).''. all
H.R. 384 (Introduced in House) - Bicycle Commuter Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr384ih/html/BILLS-117hr384ih.htm	DOC 117th CONGRESS 1st Session H. R. 384 To amend the Internal Revenue Code of 1986 to modify employer-provided fringe benefits for bicycle commuting. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Blumenauer (for himself, Mr. Buchanan, and Ms. Pressley) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to modify employer-provided fringe benefits for bicycle commuting. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bicycle Commuter Act of 2021''. SEC. 2. MODIFICATION OF EMPLOYER-PROVIDED FRINGE BENEFITS FOR BICYCLE COMMUTING. (a) Repeal of Suspension of Exclusion for Qualified Bicycle Commuting Reimbursement.--Section 132(f) of the Internal Revenue Code of 1986 is amended by striking paragraph (8). (b) Commuting Fringe Includes Bikeshare.-- (1) In general.--Clause (i) of section 132(f)(5)(F) of such Code is amended by striking ``a bicycle'' and all that follows and inserting ``bikeshare, a bicycle, and bicycle improvements, repair, and storage, if the employee regularly uses such bikeshare or bicycle for travel between the employee's residence and place of employment or mass transit facility that connects an employee to their place of employment.''. (2) Bikeshare.--Section 132(f)(5)(F) of such Code is amended by adding at the end the following: ``(iv) Bikeshare.--The term `bikeshare' means a bicycle rental operation at which bicycles are made available to customers to pick up and drop off for point-to-point use within a defined geographic area.''. (c) Low-Speed Electric Bicycles.--Section 132(f)(5)(F) of such Code, as amended by subsection (b)(2), is amended by adding at the end the following: ``(v) Low-speed electric bicycles.--The term `bicycle' includes a two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph.''. (d) Modification Relating to Bicycle Commuting Month.--Clause (iii) of section 132(f)(5)(F) of such Code is amended to read as follows: ``(iii) Qualified bicycle commuting month.--The term `qualified bicycle commuting month' means, with respect to any employee, any month during which such employee regularly uses a bicycle for a portion of the travel between the employee's residence and place of employment.''. (e) Limitation on Exclusion.-- (1) In general.--Subparagraph (C) of section 132(f)(2) of such Code is amended by striking ``applicable annual limitation'' and inserting ``applicable monthly limitation''. (2) Applicable monthly limitation defined.--Clause (ii) of section 132(f)(5)(F) of such Code is amended to read as follows: ``(ii) Applicable monthly limitation.--The term `applicable monthly limitation', with respect to any employee for any month, means an amount equal to 30 percent of the dollar amount in effect for the month under paragraph (2)(B).''. (3) Aggregate limitation.--Subparagraph (B) of section 132(f)(2) of such Code is amended by inserting ``and the applicable monthly limitation in the case of any qualified bicycle commuting benefit''. (f) No Constructive Receipt.--Paragraph (4) of section 132(f) of such Code is amended by striking ``(other than a qualified bicycle commuting reimbursement)''. (g) Conforming Amendments.--Paragraphs (1)(D), (2)(C), and (5)(F) of section 132(f) of such Code are each amended by striking ``reimbursement'' each place it appears and inserting ``benefit''. (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. all
H.R. 385 (Introduced in House) - Preparing Localities for an Autonomous and Connected Environment Act	https://www.govinfo.gov/content/pkg/BILLS-117hr385ih/html/BILLS-117hr385ih.htm	DOC 117th CONGRESS 1st Session H. R. 385 To direct the Secretary of Transportation to make grants for the operation of a clearinghouse to collect, conduct, and fund research on the influences of highly automated vehicles on land use, urban design, transportation, real estate, and municipal budgets, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Blumenauer (for himself and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the Secretary of Transportation to make grants for the operation of a clearinghouse to collect, conduct, and fund research on the influences of highly automated vehicles on land use, urban design, transportation, real estate, and municipal budgets, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing Localities for an Autonomous and Connected Environment Act'' or the ``PLACE Act''. SEC. 2. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION CLEARINGHOUSE. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is further amended by adding at the end the following: ``Sec. 5506. National highly automated vehicle and mobility innovation clearinghouse ``(a) In General.--The Secretary shall make a grant to an institution of higher education engaged in research on the secondary impacts of highly automated vehicles and mobility innovation to-- ``(1) operate a national highly automated vehicle and mobility innovation clearinghouse; ``(2) collect, conduct, and fund research on the secondary impacts of highly automated vehicles and mobility innovation; ``(3) make such research available on a public website; and ``(4) conduct outreach and dissemination of the information described in this subsection to assist communities. ``(b) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $2,000,000 for each fiscal year from funds made available to carry out sections 512 through 518 of title 23, United States Code. ``(c) Definitions.--In this section: ``(1) Highly automated vehicle.--The term `highly automated vehicle' means a motor vehicle that-- ``(A) is capable of performing the entire task of driving (including steering, accelerating and decelerating, and reacting to external stimulus) without human intervention; and ``(B) is designed to be operated exclusively by a Level 3, Level 4, or Level 5 automated driving system for all trips according to the recommended practice standards published on June 15, 2018, by the Society of Automotive Engineers International (J3016_201806) or equivalent standards adopted by the Secretary with respect to automated motor vehicles. ``(2) Mobility innovation.--The term `mobility innovation' means an activity described in section 5316, including mobility on demand and mobility as a service (as such terms are defined in such section). ``(3) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(4) Secondary impacts.--The term `secondary impacts' means the impacts on land use, urban design, transportation systems, real estate, accessibility, municipal budgets, social equity, availability and quality of jobs, air quality and climate, energy consumption, and the environment.''. (b) Clerical Amendment.--The analysis for chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``5506. National highly automated vehicle and mobility innovation clearinghouse.''. (c) Deadline for Clearinghouse.--The Secretary of Transportation shall ensure that the institution of higher education that receives the grant described in section 5506(a)(1) of title 49, United States Code, as added by subsection (a), shall establish the national highly automated vehicle clearinghouse described in such section not later than 180 days after the date of enactment of this Act. all
H.R. 386 (Introduced in House) - Safe Routes to School Expansion Act	https://www.govinfo.gov/content/pkg/BILLS-117hr386ih/html/BILLS-117hr386ih.htm	DOC 117th CONGRESS 1st Session H. R. 386 To amend title 23, United States Code, with respect to funding for certain safety projects, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Brown (for himself, Mr. Huffman, Ms. Titus, Ms. Brownley, Mr. Espaillat, Mr. Carson, and Mr. Cohen) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, with respect to funding for certain safety projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Routes to School Expansion Act''. SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)-- (i) by striking clause (xviii) and inserting the following: ``(xviii) Safe Routes to School infrastructure related projects described in section 211(e).''; (ii) in clause (xxvi) by inserting ``or leading pedestrian intervals'' after ``beacons''; (iii) by redesignating clause (xxviii) as clause (xxix); (iv) by inserting after clause (xxvii) the following: ``(xxviii) Installation of infrastructure improvements, including sidewalks, crosswalks, signage, and bus stop shelters or protected waiting areas.''; and (v) in clause (xxix), as redesignated, by striking ``(xxvii)'' and inserting ``(xxviii)''; (B) by redesignating paragraphs (10) through (12) as paragraphs (11) through (13), respectively; (C) by inserting after paragraph (9) the following: ``(10) Safety project under any other section.-- ``(A) In general.--The term `safety project under any other section' means a project carried out for the purposes of safety under any section of this title other than this section. ``(B) Inclusion.--The term `safety project under any other section' includes a project, consistent with the State strategic highway safety plan, that-- ``(i) promotes public awareness and informs the public regarding highway safety matters (including motorcycle safety and school bus stop safety); ``(ii) facilitates enforcement of traffic safety laws; and ``(iii) supports Safe Routes to School non- infrastructure projects, as described in section 211(e).''; and (D) in paragraph (12)(A), as so redesignated-- (i) in clause (ix) by striking ``and''; (ii) by redesignating clause (x) as clause (xi); and (iii) by inserting after clause (ix) the following: ``(x) State or local representatives of educational agencies to address Safe Routes to School and school bus safety; and''; (2) in subsection (c)(1)(A) by striking ``(11)'' and inserting ``(12)''; (3) in subsection (d)(2)(B)(i) by striking ``(11)'' and inserting ``(12)''; and (4) in subsection (e) by adding at the end the following: ``(3) Flexible funding for safety projects under any other section.-- ``(A) In general.--To advance the implementation of a State strategic highway plan, a State may use not more than 25 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out safety projects under any other section. ``(B) Other transportation and safety plans.-- Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. ``(C) Effect of paragraph.-- ``(i) Requirements.--A project funded under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. ``(ii) Other apportioned programs.-- Subparagraph (A) shall not apply to amounts that may be obligated for non-infrastructure projects apportioned under any other paragraph of section 104(b).''. SEC. 3. FEDERAL SHARE PAYABLE. Section 120(c)(1) of title 23, United States Code, is amended by inserting ``an improvement for pedestrian or bicyclist safety or safety of people with disabilities, Safe Routes to School improvements,'' after ``utility poles,''. SEC. 4. SAFE ROUTES TO SCHOOL PROGRAM. (a) In General.--Chapter 2 of title 23, United States Code, is amended by inserting after section 210 the following: ``Sec. 211. Safe routes to school program ``(a) Program.--The Secretary shall carry out a safe routes to school program for the benefit of children in primary, middle, and high schools. ``(b) Purposes.--The purposes of the program shall be-- ``(1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; ``(2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and ``(3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. ``(c) Use of Funds.--Amounts apportioned to a State under paragraphs (2) and (3) of section 104(b) may be used to carry out projects, programs, and other activities under this section. ``(d) Eligible Entities.--Projects, programs, and activities funded under this section may be carried out by eligible entities described under section 133(h)(4)(B) that demonstrate an ability to meet the requirements of this section. ``(e) Eligible Projects and Activities.-- ``(1) Infrastructure-related projects.-- ``(A) In general.--A State may obligate funds under this section for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. ``(B) Location of projects.--Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. ``(2) Noninfrastructure-related activities.--In addition to projects described in paragraph (1), a State may obligate funds under this section for noninfrastructure-related activities to encourage walking and bicycling to school, including-- ``(A) public awareness campaigns and outreach to press and community leaders; ``(B) traffic education and enforcement in the vicinity of schools; ``(C) student sessions on bicycle and pedestrian safety, health, and environment; ``(D) programs that address personal safety; and ``(E) funding for training, volunteers, and managers of safe routes to school programs. ``(3) Safe routes to school coordinator.--Each State receiving an apportionment under paragraphs (2) and (3) of section 104(b) shall use a sufficient amount of the apportionment to fund a full-time position of coordinator of the State's safe routes to school program. ``(4) Rural school district outreach.--A coordinator described in paragraph (3) shall conduct outreach to ensure that rural school districts in the State are aware of such State's safe routes to school program and any funds authorized by this section. ``(f) Federal Share.--The Federal share of the cost of a project, program, or activity under this section shall be 100 percent. ``(g) Clearinghouse.-- ``(1) In general.--The Secretary shall maintain a national safe routes to school clearinghouse to-- ``(A) develop information and educational programs on safe routes to school; and ``(B) provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. ``(2) Funding.--The Secretary shall carry out this subsection using amounts authorized to be appropriated for administrative expenses under section 104(a). ``(h) Treatment of Projects.--Notwithstanding any other provision of law, projects carried out under this section shall be treated as projects on a Federal-aid highway under chapter 1 of this title. ``(i) Definitions.--In this section, the following definitions apply: ``(1) In the vicinity of schools.--The term `in the vicinity of schools' means, with respect to a school, the area within bicycling and walking distance of the school (approximately 2 miles). ``(2) Primary, middle, and high schools.--The term `primary, middle, and high schools' means schools providing education from kindergarten through twelfth grade.''. (b) Technical and Conforming Amendments.-- (1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59; 119 Stat. 1228-1230), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed. (2) Analysis.--The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 210 the following: ``211. Safe routes to school program.''. all
H.R. 387 (Introduced in House) - Vaccinate More Americans Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr387ih/html/BILLS-117hr387ih.htm	DOC 117th CONGRESS 1st Session H. R. 387 To prevent doses of vaccines for COVID-19 from being wasted, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Budd (for himself and Mr. Garcia of California) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prevent doses of vaccines for COVID-19 from being wasted, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccinate More Americans Act of 2021''. SEC. 2. PHASED ALLOCATION INAPPLICABLE WHERE IT IS REASONABLY NECESSARY TO PREVENT THE EXPIRATION OF ANY DOSE OF VACCINE FOR COVID-19. (a) In General.--Where it is reasonably necessary to prevent the expiration of any dose of vaccine for COVID-19 purchased from the Federal Government, a vaccine provider may-- (1) disregard any phased allocation of such dose under applicable Federal, State, and local law; and (2) administer such dose to an individual who is in the next phased allocation group under applicable Federal, State, and local law for which the vaccine provider can locate individuals available and willing to receive the dose. (b) Preemption.--Subsection (a) preempts any State or local law to the contrary. (c) Rule of Construction.--Nothing in subsection (a) shall be construed to override Federal, State, or local law other than with respect to the phased allocation of dosing. (d) Definition.--In this section, the term ``phased allocation'' means the prioritization of groups for the receipt of the vaccine for COVID-19 as determined by appropriate public health authorities. (e) Sunset.--Subsection (a) shall cease to apply at the end of the public health emergency declared for COVID-19 under section 319 of the Public Health Service Act (42 U.S.C. 247d), including renewals thereof. all
H.R. 388 (Introduced in House) - Hawaii Invasive Species Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr388ih/html/BILLS-117hr388ih.htm	DOC 117th CONGRESS 1st Session H. R. 388 To amend the Farm Security and Rural Investment Act of 2002 by requiring preclearance quarantine inspections for all movement to or from the State of Hawaii by either domestic or international travel, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Case (for himself and Mr. Kahele) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Farm Security and Rural Investment Act of 2002 by requiring preclearance quarantine inspections for all movement to or from the State of Hawaii by either domestic or international travel, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hawaii Invasive Species Protection Act''. SEC. 2. REQUIRING PRECLEARANCE QUARANTINE INSPECTIONS FOR ALL MOVEMENT TO OR FROM THE STATE OF HAWAII. Section 10811 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307 note) is amended to read as follows: ``SEC. 10811. PRECLEARANCE QUARANTINE INSPECTIONS. ``(a) Preclearance Inspections Required.--The Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, in cooperation with the Secretary of the Interior, the Secretary of Homeland Security, the Secretary of Commerce, the Secretary of the Treasury, the government of Hawaii, and each of their respective quarantine, natural resource, conservation, and law enforcement agencies and officers, as appropriate, shall conduct visual, x-ray, and canine preclearance quarantine inspections of persons, baggage, cargo, and any other articles destined for direct movement to or from the State of Hawaii by either domestic or international travel for high-risk invasive species and agricultural materials. ``(b) Inspection Locations.--The domestic preclearance quarantine inspections required by subsection (a) shall be conducted prior to direct travel to or from the State of Hawaii at all-- ``(1) departure and interline airports; ``(2) ports of departure; and ``(3) destination sectional center facilities of the United States Postal Service. ``(c) Invasive Species and Agricultural Materials.--The Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service and in consultation with the government of Hawaii, shall develop a list of items subject to inspection for purposes of screening pursuant to subsection (a). ``(d) Publication in Federal Register.--Not later than 180 days after the date of the enactment of the Hawaii Invasive Species Protection Act, the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service and in cooperation with the government of Hawaii, shall publish in the Federal Register the list developed pursuant to subsection (c). ``(e) Seizure and Disposal.--High-risk invasive species and agricultural material discovered under subsection (a) may be seized and disposed of in accordance with section 10407.''. SEC. 3. PRECLEARANCE QUARANTINE INSPECTIONS FOR PLANTS. Section 421(b) of the Plant Protection Act (7 U.S.C. 7731(b)) is amended-- (1) in paragraph (1), by inserting before the semicolon at the end the following: ``(including high-risk invasive species and agricultural materials into the State of Hawaii in accordance with section 10811(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307(c) note)''; (2) in paragraph (2), by inserting before the semicolon at the end the following: ``(including high-risk invasive species and agricultural materials into the State of Hawaii in accordance with section 10811(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307(c) note)''; and (3) in paragraph (3), by inserting before the period at the end the following: ``(including high-risk invasive species and agricultural materials into the State of Hawaii in accordance with section 10811(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307(c) note)''. SEC. 4. COLLECTION OF FEES FOR INSPECTION SERVICES. Section 2509 of the Food, Agricultural, Conservation and Trade Act of 1990 (21 U.S.C. 136a(a)) is amended-- (1) in subsection (a)(1)(A), by inserting ``including the cost of such services provided in connection with the arrival in Hawaii, with respect to screening for high-risk invasive species under section 10811 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307 note),'' after ``port in the customs territory of the United States,''; and (2) in subsection (c)(1), by inserting before the period at the end the following: ``, including with respect to screening conducted in connection with respect to the import, entry, and exportation to or from Hawaii of high-risk invasive species under section 10811 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307 note)''. SEC. 5. FEES FOR INSPECTION OF PLANTS FOR EXPORTING OR TRANSITING. Section 102(f) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 7759(f)) is amended by adding at the end the following new paragraph: ``(3) The Secretary of Agriculture shall prescribe and collect user fees sufficient to cover the full cost of preclearance quarantine inspections conducted under section 10811 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8307 note).''. all
H.R. 389 (Introduced in House) - Safe and Quiet Skies Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr389ih/html/BILLS-117hr389ih.htm	DOC 117th CONGRESS 1st Session H. R. 389 To impose safety requirements on commercial air tour flights, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Case (for himself, Mr. Sires, Mr. Neguse, Mr. Sherman, Mr. Nadler, and Ms. Norton) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To impose safety requirements on commercial air tour flights, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe and Quiet Skies Act of 2021''. SEC. 2. REQUIREMENTS FOR COMMERCIAL AIR TOUR FLIGHTS. (a) Prohibition of Overflights.--Notwithstanding any other provision of law, a commercial air tour may not operate within a half mile of the following: (1) A military installation. (2) A national cemetery. (3) A unit of the National Wilderness Preservation System. (4) A unit of the National Park System. (5) A unit of the National Wildlife Refuge System. (b) Use of Automatic Dependent Surveillance-Broadcast (ADS-B) Out Equipment.--The Administrator of the Federal Aviation Administration shall revise section 91.227 of title 14, Code of Federal Regulations, to require the use of ADS-B Out (as such term is defined in such section) during the entire operation of a commercial air tour. (c) Sterile Cockpit Rule.--The Administrator shall issue such regulations as are necessary to-- (1) impose the requirements of section 121.542 of title 14, Code of Federal Regulations, on a commercial air tour and a pilot of a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations); (2) define tour-giving and providing an oral narration of the air tour as duties that are not required for the safe operation of the aircraft for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations); and (3) define a critical phase of flight for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations) to include all ground operations involving taxi, takeoff, and landing, and all other flight operations regardless of altitude of operation. (d) Minimum Altitudes.-- (1) In general.--Notwithstanding any other provision of law, a commercial air tour may not operate at an altitude of less than 1,500 feet. (2) Exceptions.-- (A) Safe harbor.--An operator of a commercial air tour may fly below the altitude described in paragraph (1) for reasons of safety if unpredictable circumstances occur. (B) FAA requirements.--The Administrator may permit an operator of a commercial air tour to operate below the altitude described in paragraph (1) for flight operations for takeoff and landing. (3) Rule of construction.--If a reasonable individual would believe a commercial air tour could not safely fly at a minimum altitude of 1,500 feet for the duration of the flight given the conditions at takeoff, the safe harbor described in paragraph (2)(A) shall not apply. (e) Occupied Areas.-- (1) In general.--Notwithstanding any other provision of law, a commercial air tour may not operate within half a mile of an occupied area unless the aircraft has noise suppression technology that brings noise to the lesser of-- (A) a maximum level of 55 dbA as measured from such occupied area; and (B) a maximum level required in such occupied area by a requirement imposed pursuant to section 3(a) of this Act or section 40128(e) of title 49, United States Code. (2) Regulations.--The Administrator shall revise subparts F and H of part 36 of title 14, Code of Federal Regulations, and related appendices, to reduce noise limits in accordance with paragraph (1). SEC. 3. DELEGATED AUTHORITY TO STATE AND LOCAL REGULATORS. (a) In General.--Notwithstanding any other provision of law, a State or locality may impose additional requirements on commercial air tours (but may not waive any requirements described in this Act or in the amendments made by this Act), including-- (1) banning such tours; (2) imposing day and time flight restrictions; (3) regulating the total number of flights per day; (4) regulating route requirements over occupied areas; (5) prohibiting flights over State or local parks, ocean recreation, cemeteries, and other areas of State interest; and (6) requiring commercial air tours to operate at lower decibels for purposes of noise requirements. (b) FAA Exceptions.--The Administrator may invalidate a requirement imposed pursuant to subsection (a) if required for flight operations for takeoff and landing. SEC. 4. PUBLIC ENGAGEMENT THROUGHOUT FEDERAL AND STATE REGULATORY PROCESS. During the promulgation of any regulation required by this Act or the drafting and update of the Air Tours Common Procedural Manuals, the requirements of the Administrative Procedure Act shall apply. SEC. 5. PENALTIES. The Administrator shall impose penalties for violations of this Act or the amendments made by this Act, including revoking any certifications or permits issued to operate a commercial air tour. SEC. 6. CONFORMING AMENDMENTS. Section 40128 of title 49, United States Code, is amended-- (1) by striking ``a national park or'' in each place in which it appears; (2) by striking ``park or'' in each place in which it appears; (3) in subsection (a)(1)(C), by striking ``or voluntary agreement under subsection (b)(7)''; (4) by striking subsection (a)(2) and inserting the following: ``(2) Application for operating authority.--Before commencing commercial air tour operations over tribal lands, a commercial air tour operator shall apply to the Administrator for authority to conduct the operations over the tribal lands.''; (5) by striking subsection (a)(3); (6) by redesignating paragraph (4) of subsection (a) as paragraph (3); (7) by striking subsection (a)(5); (8) in subsection (b)(1)(A)-- (A) by striking ``over the park'' and inserting ``over the lands''; and (B) by striking ``paragraph (4)'' and inserting ``paragraph (3)''; (9) by striking subsection (b)(1)(C); (10) by striking subsection (b)(3); (11) by redesignating paragraphs (4) through (6) of subsection (b) as paragraphs (3) through (5), respectively; (12) by striking subsection (b)(7); (13) by striking subsection (c)(2)(B); (14) by redesignating subparagraphs (C) through (I) of subsection (c)(2) as subparagraphs (B) through (H), respectively; (15) in subsection (c)(3)(B), by striking ``at the'' in each place in which it appears; (16) in subsection (d)(1)-- (A) by striking ``over a national park under interim operating authority granted under subsection (c) or''; and (B) by striking ``or voluntary agreement''; (17) by striking subsection (e); (18) by striking subsection (f) and inserting the following: ``(e) Tribal Authority.-- ``(1) In general.--Notwithstanding any other provision of law, a tribal entity may impose additional requirements on commercial air tours (but may not waive any requirements described in the Safe and Quiet Skies Act of 2021 or in the amendments made by the Safe and Quiet Skies Act of 2021), including-- ``(A) banning such tours; ``(B) imposing day and time flight restrictions; ``(C) regulating the total number of flights per day; ``(D) regulating route requirements over occupied areas; ``(E) prohibiting flights over tribal parks, ocean recreation, cemeteries, and other areas of tribal interest; and ``(F) requiring commercial air tours to operate at lower decibels for purposes of noise requirements. ``(2) FAA exceptions.--The Administrator of the Federal Aviation Administration may invalidate a regulation imposed pursuant to paragraph (1) if required for flight operations for takeoff and landing. ``(3) Tribal entity.--In this subsection, the term `tribal entity' means-- ``(A) a tribal organization (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5304)); ``(B) a tribally designated housing entity (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)); or ``(C) an Indian-owned business or a tribal enterprise (as such terms are defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)).''; (19) in subsection (g)(1), by striking ``over a national park'' and inserting ``over tribal lands''; (20) in subsection (g)(2), by striking ``over a national park'' and inserting ``over tribal lands''; (21) by striking subsection (g)(4); (22) by redesignating paragraphs (5) through (8) of subsection (g) as paragraphs (4) through (7), respectively; and (23) by redesignating subsection (g) as subsection (f). SEC. 7. NTSB RECOMMENDATIONS. (a) In General.--The Administrator shall implement all recommendations concerning operators under part 135 of title 14, Code of Federal Regulations, that-- (1) were issued by the National Transportation Safety Board; and (2) are considered by the Board to be open unacceptable response. (b) Part 135 Regulation.--The Administrator-- (1) shall require all commercial air tours to operate pursuant to part 135 of title 14, Code of Federal Regulations; and (2) may not permit a commercial air tour to operate pursuant to part 91 of title 14, Code of Federal Regulations. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Altitude.--The term ``altitude'' means the distance above ground level between an aircraft and the highest obstacle that is within 2 miles of the location over which such aircraft is flying at any time. (3) Commercial air tour.--The term ``commercial air tour'' means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing or intentional parachuting. If the operator of a flight asserts that the flight is not a commercial air tour, factors that can be considered by the Administrator in making a determination of whether the flight is a commercial air tour include-- (A) whether there was a holding out to the public of willingness to conduct a sightseeing or intentional parachuting flight for compensation or hire; (B) whether a narrative was provided that referred to areas or points of interest on the surface; (C) the area of operation; (D) the frequency of flights; (E) the route of flight; (F) the inclusion of sightseeing or intentional parachuting flights as part of any travel arrangement package; or (G) whether the flight in question would or would not have been canceled based on poor visibility of the surface. (4) dbA.--The term ``dbA'' means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the A weighting network. (5) Occupied area.--The term ``occupied area'' means land area that is used by people, including residential areas, commercial areas, and recreational areas. all
H.R. 38 (Introduced in House) - Concealed Carry Reciprocity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr38ih/html/BILLS-117hr38ih.htm	DOC 117th CONGRESS 1st Session H. R. 38 To amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Hudson (for himself, Mr. Allen, Mr. Babin, Mr. Balderson, Mr. Barr, Mr. Bishop of North Carolina, Mrs. Boebert, Mr. Brooks, Mr. Budd, Mr. Calvert, Mr. Chabot, Mr. Cline, Mr. Cloud, Mr. Davidson, Mr. Duncan, Mr. Fulcher, Mr. Ferguson, Mr. Gaetz, Mr. Gosar, Mrs. Greene of Georgia, Mr. Grothman, Mr. Higgins of Louisiana, Mr. Hill, Mr. Johnson of Ohio, Mr. Joyce of Pennsylvania, Mr. Kelly of Pennsylvania, Mr. Kinzinger, Mr. LaMalfa, Mr. Lamborn, Mr. Long, Mr. Mooney, Mr. Mullin, Mr. Nehls, Mr. Norman, Mr. Palazzo, Mr. Palmer, Mr. Posey, Mr. Reschenthaler, Mr. Rouzer, Mr. Rutherford, Mr. Steube, Mr. Taylor, Mrs. Wagner, Mr. Waltz, Mr. Weber of Texas, Mr. Zeldin, Mr. Crenshaw, Mr. Rice of South Carolina, Mr. Gooden of Texas, Mr. Bucshon, Mr. Wittman, Mr. Biggs, Ms. Stefanik, Mr. Meuser, Mr. Armstrong, Mr. Womack, Mr. Bacon, Mrs. Lesko, Mr. Simpson, Mr. Walberg, Mr. McKinley, Mr. Gonzalez of Ohio, Mr. Stivers, Mr. Cole, Mr. Hagedorn, Mr. Kustoff, Mr. Banks, Mr. Garcia of California, Mr. Hern, Mr. Newhouse, Mr. Brady, Mr. Huizenga, Mr. Austin Scott of Georgia, Mr. Buchanan, Mr. Green of Tennessee, Mr. Smith of Missouri, Mr. Stewart, Mr. Timmons, Mr. Emmer, Mr. Westerman, Mr. Murphy of North Carolina, Mr. Wright, Ms. Herrera Beutler, Mr. Schweikert, Mr. Williams of Texas, Mr. Bergman, Mr. Latta, Mrs. Walorski, Mr. Jacobs of New York, Mr. Burchett, Mr. Estes, Mr. Crawford, Mr. Wenstrup, Mr. Comer, Mr. Roy, Mr. Hice of Georgia, Mr. Moore of Alabama, Mr. DesJarlais, Mr. Thompson of Pennsylvania, Mr. Luetkemeyer, Mr. Amodei, Mr. Rogers of Alabama, Mr. Smucker, Mr. Mast, Mr. Loudermilk, Mr. Stauber, Mr. Guest, Mr. McHenry, Mr. Cawthorn, Mr. Dunn, Mr. Gibbs, Mrs. Spartz, Mrs. Hartzler, Mr. Jackson, Mr. Harris, Mr. Upton, Mr. Gohmert, Mr. Baird, Mr. Smith of Nebraska, Mr. Arrington, Mr. Johnson of South Dakota, Mr. Clyde, Mr. Carter of Texas, Ms. Granger, Mr. Jordan, Mr. Johnson of Louisiana, Mr. LaHood, Mrs. Bice of Oklahoma, Mr. Buck, Mr. Cuellar, Mr. Perry, Mr. Curtis, Mr. Vicente Gonzalez of Texas, Mr. Rodney Davis of Illinois, Mr. Scalise, Mr. Rose, Mr. Bishop of Georgia, Mr. Tiffany, Mr. Graves of Missouri, Mr. McClintock, Ms. Cheney, Mr. Pfluger, Mrs. Cammack, Mr. Carter of Georgia, Mr. Burgess, Mr. Webster of Florida, Mr. Rogers of Kentucky, Mr. Aderholt, Mr. Steil, Mr. Fallon, Mr. Reed, Mr. Moore of Utah, Mr. Guthrie, Ms. Mace, and Mr. Kelly of Mississippi) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to provide a means by which nonresidents of a State whose residents may carry concealed firearms may also do so in the State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Concealed Carry Reciprocity Act''. SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. Reciprocity for the carrying of certain concealed firearms ``(a) Notwithstanding any provision of the law of any State or political subdivision thereof (except as provided in subsection (b)) and subject only to the requirements of this section, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, who is carrying a valid identification document containing a photograph of the person, and who is carrying a valid license or permit which is issued pursuant to the law of a State and which permits the person to carry a concealed firearm or is entitled to carry a concealed firearm in the State in which the person resides, may possess or carry a concealed handgun (other than a machine gun or destructive device) that has been shipped or transported in interstate or foreign commerce, in any State that-- ``(1) has a statute under which residents of the State may apply for a license or permit to carry a concealed firearm; or ``(2) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. ``(b) This section shall not be construed to supersede or limit the laws of any State that-- ``(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or ``(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park. ``(c)(1) A person who carries or possesses a concealed handgun in accordance with subsections (a) and (b) may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision thereof related to the possession, transportation, or carrying of firearms unless there is probable cause to believe that the person is doing so in a manner not provided for by this section. Presentation of facially valid documents as specified in subsection (a) is prima facie evidence that the individual has a license or permit as required by this section. ``(2) When a person asserts this section as a defense in a criminal proceeding, the prosecution shall bear the burden of proving, beyond a reasonable doubt, that the conduct of the person did not satisfy the conditions set forth in subsections (a) and (b). ``(3) When a person successfully asserts this section as a defense in a criminal proceeding, the court shall award the prevailing defendant a reasonable attorney's fee. ``(d)(1) A person who is deprived of any right, privilege, or immunity secured by this section, under color of any statute, ordinance, regulation, custom, or usage of any State or any political subdivision thereof, may bring an action in any appropriate court against any other person, including a State or political subdivision thereof, who causes the person to be subject to the deprivation, for damages or other appropriate relief. ``(2) The court shall award a plaintiff prevailing in an action brought under paragraph (1) damages and such other relief as the court deems appropriate, including a reasonable attorney's fee. ``(e) In subsection (a): ``(1) The term `identification document' means a document made or issued by or under the authority of the United States Government, a State, or a political subdivision of a State which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals. ``(2) The term `handgun' includes any magazine for use in a handgun and any ammunition loaded into the handgun or its magazine. ``(f)(1) A person who possesses or carries a concealed handgun under subsection (a) shall not be subject to the prohibitions of section 922(q) with respect to that handgun. ``(2) A person possessing or carrying a concealed handgun in a State under subsection (a) may do so in any of the following areas in the State that are open to the public: ``(A) A unit of the National Park System. ``(B) A unit of the National Wildlife Refuge System. ``(C) Public land under the jurisdiction of the Bureau of Land Management. ``(D) Land administered and managed by the Army Corps of Engineers. ``(E) Land administered and managed by the Bureau of Reclamation. ``(F) Land administered and managed by the Forest Service.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective Date.--The amendments made by this section shall take effect 90 days after the date of the enactment of this Act. all
"H.R. 390 (Engrossed in House) -An Act To redesignate the Federal building located at 167 North Main 
Street in Memphis, Tennessee as the Odell Horton Federal Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr390eh/html/BILLS-117hr390eh.htm	DOC 117th CONGRESS 1st Session H. R. 390 _______________________________________________________________________ AN ACT To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REDESIGNATION. The Federal building located at 167 North Main Street in Memphis, Tennessee, commonly known as the ``Clifford Davis and Odell Horton Federal Building'', shall be known and designated as the ``Odell Horton Federal Building''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the ``Odell Horton Federal Building''. Passed the House of Representatives November 4, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 390 _______________________________________________________________________ AN ACT To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''.
"H.R. 390 (Introduced in House)- To redesignate the Federal building located at 167 North Main Street 
in Memphis, Tennessee as the Odell Horton Federal Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr390ih/html/BILLS-117hr390ih.htm	DOC 117th CONGRESS 1st Session H. R. 390 To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Cohen (for himself, Mr. Cooper, Mr. Burchett, Mr. Fleischmann, Mr. Kustoff, Mr. Rose, Mr. Green of Tennessee, Mrs. Harshbarger, and Mr. DesJarlais) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REDESIGNATION. The Federal building located at 167 North Main Street in Memphis, Tennessee, commonly known as the ``Clifford Davis and Odell Horton Federal Building'', shall be known and designated as the ``Odell Horton Federal Building''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the ``Odell Horton Federal Building''. all
H.R. 390 (Reported in House) -To redesignate the Federal building located at 167 North Main Street inMemphis, Tennessee as the Odell Horton Federal Building.	https://www.govinfo.gov/content/pkg/BILLS-117hr390rh/html/BILLS-117hr390rh.htm	DOC House Calendar No. 41 117th CONGRESS 1st Session H. R. 390 To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Cohen (for himself, Mr. Cooper, Mr. Burchett, Mr. Fleischmann, Mr. Kustoff, Mr. Rose, Mr. Green of Tennessee, Mrs. Harshbarger, and Mr. DesJarlais) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure November 1, 2021 Reported from the Committee on Transportation and Infrastructure; referred to the House Calendar and ordered to be printed _______________________________________________________________________ A BILL To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REDESIGNATION. The Federal building located at 167 North Main Street in Memphis, Tennessee, commonly known as the ``Clifford Davis and Odell Horton Federal Building'', shall be known and designated as the ``Odell Horton Federal Building''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to be a reference to the ``Odell Horton Federal Building''. House Calendar No. 41 117th CONGRESS 1st Session H. R. 390 _______________________________________________________________________ A BILL To redesignate the Federal building located at 167 North Main Street in Memphis, Tennessee as the ``Odell Horton Federal Building''. _______________________________________________________________________ November 1, 2021 Referred to the House Calendar and ordered to be printed
H.R. 39 (Introduced in House) - Honoring Our WWII Merchant Mariners Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr39ih/html/BILLS-117hr39ih.htm	DOC 117th CONGRESS 1st Session H. R. 39 To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish the Merchant Mariner Equity Compensation Fund to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Green of Texas introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish the Merchant Mariner Equity Compensation Fund to provide benefits to certain individuals who served in the United States merchant marine (including the Army Transport Service and the Naval Transport Service) during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Our WWII Merchant Mariners Act of 2021''. SEC. 2. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR II IN THE UNITED STATES MERCHANT MARINE. (a) Establishment of Compensation Fund.--Subchapter II of chapter 5 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 533. Merchant Mariner Equity Compensation Fund ``(a) Compensation Fund.--(1) There is in the general fund of the Treasury a fund to be known as the `Merchant Mariner Equity Compensation Fund' (in this section referred to as the `compensation fund'). ``(2) Subject to the availability of appropriations for such purpose, amounts in the compensation fund shall be available to the Secretary without fiscal year limitation to make payments to eligible individuals in accordance with this section. ``(b) Eligible Individuals.--(1) An eligible individual is an individual who-- ``(A) during the one-year period beginning on the date of the enactment of this section, submits to the Secretary an application containing such information and assurances as the Secretary may require; ``(B) has not received benefits under the Servicemen's Readjustment Act of 1944 (Public Law 78-346); and ``(C) has engaged in qualified service. ``(2) For purposes of paragraph (1), a person has engaged in qualified service if, between December 7, 1941, and December 31, 1946, the person-- ``(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was-- ``(i) operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); ``(ii) operated in waters other than inland waters, the Great Lakes, and other lakes, bays, and harbors of the United States; ``(iii) under contract or charter to, or property of, the Government of the United States; and ``(iv) serving the Armed Forces; and ``(B) while so serving, was licensed or otherwise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. ``(3) In determining the information and assurances required in the application pursuant to paragraph (1)(A), the Secretary shall accept a DD-214 form as proof of qualified service. ``(c) Amount of Payment.--The Secretary shall make one payment out of the compensation fund in the amount of $25,000 to an eligible individual. The Secretary shall make such a payment to eligible individuals in the order in which the Secretary receives the applications of the eligible individuals. ``(d) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2022 $125,000,000 for the compensation fund. Such amount shall remain available until expended. ``(e) Reports.--The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President's budget for each fiscal year, detailed information on the operation of the compensation fund, including the number of applicants, the number of eligible individuals receiving benefits, the amounts paid out of the compensation fund, the administration of the compensation fund, and an estimate of the amounts necessary to fully fund the compensation fund for that fiscal year and each of the three subsequent fiscal years. ``(f) Regulations.--The Secretary shall prescribe regulations to carry out this section.''. (b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe the regulations required under section 532(f) of title 38, United States Code, as added by subsection (a). (c) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item related to section 532 the following new item: ``533. Merchant Mariner Equity Compensation Fund.''. all
H.R. 3 (Introduced in House) - Elijah E. Cummings Lower Drug Costs Now Act	https://www.govinfo.gov/content/pkg/BILLS-117hr3ih/html/BILLS-117hr3ih.htm	DOC 117th CONGRESS 1st Session H. R. 3 To establish a fair price negotiation program, protect the Medicare program from excessive price increases, and establish an out-of-pocket maximum for Medicare part D enrollees, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 22, 2021 Mr. Pallone (for himself, Mr. Neal, and Mr. Scott of Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and Labor, Oversight and Reform, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a fair price negotiation program, protect the Medicare program from excessive price increases, and establish an out-of-pocket maximum for Medicare part D enrollees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Elijah E. Cummings Lower Drug Costs Now Act''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. TITLE I--LOWERING PRICES THROUGH FAIR DRUG PRICE NEGOTIATION Sec. 101. Providing for lower prices for certain high-priced single source drugs. Sec. 102. Selected drug manufacturer excise tax imposed during noncompliance periods. Sec. 103. Fair Price Negotiation Implementation Fund. TITLE II--PRESCRIPTION DRUG INFLATION REBATES Sec. 201. Medicare part B rebate by manufacturers. Sec. 202. Medicare part D rebate by manufacturers. Sec. 203. Provision regarding inflation rebates for group health plans and group health insurance coverage. Sec. 204. Annual report on drug costs in group health plans and group health insurance coverage. Sec. 205. Collection of data. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES Sec. 301. Medicare part D benefit redesign. Sec. 302. Allowing certain enrollees of prescription drug plans and MA- PD plans under Medicare program to spread out cost-sharing under certain circumstances. Sec. 303. Establishment of pharmacy quality measures under Medicare part D. TITLE IV--DRUG PRICE TRANSPARENCY Sec. 401. Drug price transparency. TITLE V--NIH, FDA, AND OVERDOSE EPIDEMIC FUNDING Subtitle A--Biomedical Innovation Expansion Sec. 501. NIH Innovation Initiatives. Sec. 502. NIH clinical trial. Sec. 503. Innovation Network. Subtitle B--Investing in Safety and Innovation Sec. 511. Food and Drug Administration. Sec. 512. Study on high-risk, high-reward drugs. Subtitle C--Overdose Epidemic Response Sec. 521. Overdose Epidemic Response Fund. Sec. 522. Substance Abuse and Mental Health Services Administration. Sec. 523. Centers for Disease Control and Prevention. Sec. 524. Food and Drug Administration. Sec. 525. National Institutes of Health. Sec. 526. Health Resources and Services Administration. Sec. 527. Administration for Children and Families. TITLE I--LOWERING PRICES THROUGH FAIR DRUG PRICE NEGOTIATION SEC. 101. PROVIDING FOR LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE SOURCE DRUGS. (a) Program To Lower Prices for Certain High-Priced Single Source Drugs.--Title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by adding at the end the following new part: ``PART E--FAIR PRICE NEGOTIATION PROGRAM TO LOWER PRICES FOR CERTAIN HIGH-PRICED SINGLE SOURCE DRUGS ``SEC. 1191. ESTABLISHMENT OF PROGRAM. ``(a) In General.--The Secretary shall establish a Fair Price Negotiation Program (in this part referred to as the `program'). Under the program, with respect to each price applicability period, the Secretary shall-- ``(1) publish a list of selected drugs in accordance with section 1192; ``(2) enter into agreements with manufacturers of selected drugs with respect to such period, in accordance with section 1193; ``(3) negotiate and, if applicable, renegotiate maximum fair prices for such selected drugs, in accordance with section 1194; and ``(4) carry out the administrative duties described in section 1196. ``(b) Definitions Relating to Timing.--For purposes of this part: ``(1) Initial price applicability year.--The term `initial price applicability year' means a plan year (beginning with plan year 2024) or, if agreed to in an agreement under section 1193 by the Secretary and manufacturer involved, a period of more than one plan year (beginning on or after January 1, 2024). ``(2) Price applicability period.--The term `price applicability period' means, with respect to a drug, the period beginning with the initial price applicability year with respect to which such drug is a selected drug and ending with the last plan year during which the drug is a selected drug. ``(3) Selected drug publication date.--The term `selected drug publication date' means, with respect to each initial price applicability year, April 15 of the plan year that begins 2 years prior to such year. ``(4) Voluntary negotiation period.--The term `voluntary negotiation period' means, with respect to an initial price applicability year with respect to a selected drug, the period-- ``(A) beginning on the sooner of-- ``(i) the date on which the manufacturer of the drug and the Secretary enter into an agreement under section 1193 with respect to such drug; or ``(ii) June 15 following the selected drug publication date with respect to such selected drug; and ``(B) ending on March 31 of the year that begins one year prior to the initial price applicability year. ``(c) Other Definitions.--For purposes of this part: ``(1) Fair price eligible individual.--The term `fair price eligible individual' means, with respect to a selected drug-- ``(A) in the case such drug is furnished or dispensed to the individual at a pharmacy or by a mail order service-- ``(i) an individual who is enrolled under a prescription drug plan under part D of title XVIII or an MA-PD plan under part C of such title if coverage is provided under such plan for such selected drug; and ``(ii) an individual who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or dispensed; and ``(B) in the case such drug is furnished or administered to the individual by a hospital, physician, or other provider of services or supplier-- ``(i) an individual who is entitled to benefits under part A of title XVIII or enrolled under part B of such title if such selected drug is covered under the respective part; and ``(ii) an individual who is enrolled under a group health plan or health insurance coverage offered in the group or individual market (as such terms are defined in section 2791 of the Public Health Service Act) with respect to which there is in effect an agreement with the Secretary under section 1197 with respect to such selected drug as so furnished or administered. ``(2) Maximum fair price.--The term `maximum fair price' means, with respect to a plan year during a price applicability period and with respect to a selected drug (as defined in section 1192(c)) with respect to such period, the price published pursuant to section 1195 in the Federal Register for such drug and year. ``(3) Average international market price defined.-- ``(A) In general.--The terms `average international market price' and `AIM price' mean, with respect to a drug, the average price (which shall be the net average price, if practicable, and volume-weighted, if practicable) for a unit (as defined in paragraph (4)) of the drug for sales of such drug (calculated across different dosage forms and strengths of the drug and not based on the specific formulation or package size or package type), as computed (as of the date of publication of such drug as a selected drug under section 1192(a)) in all countries described in clause (ii) of subparagraph (B) that are applicable countries (as described in clause (i) of such subparagraph) with respect to such drug. ``(B) Applicable countries.-- ``(i) In general.--For purposes of subparagraph (A), a country described in clause (ii) is an applicable country described in this clause with respect to a drug if there is available an average price for any unit for the drug for sales of such drug in such country. ``(ii) Countries described.--For purposes of this paragraph, the following are countries described in this clause: ``(I) Australia. ``(II) Canada. ``(III) France. ``(IV) Germany. ``(V) Japan. ``(VI) The United Kingdom. ``(4) Unit.--The term `unit' means, with respect to a drug, the lowest identifiable quantity (such as a capsule or tablet, milligram of molecules, or grams) of the drug that is dispensed. ``SEC. 1192. SELECTION OF NEGOTIATION-ELIGIBLE DRUGS AS SELECTED DRUGS. ``(a) In General.--Not later than the selected drug publication date with respect to an initial price applicability year, subject to subsection (h), the Secretary shall select and publish in the Federal Register a list of-- ``(1)(A) with respect to an initial price applicability year during 2024, at least 25 negotiation-eligible drugs described in subparagraphs (A) and (B), but not subparagraph (C), of subsection (d)(1) (or, with respect to an initial price applicability year during such period beginning after 2024, the maximum number (if such number is less than 25) of such negotiation-eligible drugs for the year) with respect to such year; and ``(B) with respect to an initial price applicability year during 2025 or a subsequent year, at least 50 negotiation- eligible drugs described in subparagraphs (A) and (B), but not subparagraph (C), of subsection (d)(1) (or, with respect to an initial price applicability year during such period, the maximum number (if such number is less than 50) of such negotiation-eligible drugs for the year) with respect to such year; ``(2) all negotiation-eligible drugs described in subparagraph (C) of such subsection with respect to such year; and ``(3) all new-entrant negotiation-eligible drugs (as defined in subsection (g)(1)) with respect to such year. Each drug published on the list pursuant to the previous sentence shall be subject to the negotiation process under section 1194 for the voluntary negotiation period with respect to such initial price applicability year (and the renegotiation process under such section as applicable for any subsequent year during the applicable price applicability period). In applying this subsection, any negotiation- eligible drug that is selected under this subsection for an initial price applicability year shall not count toward the required minimum amount of drugs to be selected under paragraph (1) for any subsequent year, including such a drug so selected that is subject to renegotiation under section 1194. ``(b) Selection of Drugs.--In carrying out subsection (a)(1) the Secretary shall select for inclusion on the published list described in subsection (a) with respect to a price applicability period, the negotiation-eligible drugs that the Secretary projects will result in the greatest savings to the Federal Government or fair price eligible individuals during the price applicability period. In making this projection of savings for drugs for which there is an AIM price for a price applicability period, the savings shall be projected across different dosage forms and strengths of the drugs and not based on the specific formulation or package size or package type of the drugs, taking into consideration both the volume of drugs for which payment is made, to the extent such data is available, and the amount by which the net price for the drugs exceeds the AIM price for the drugs. ``(c) Selected Drug.--For purposes of this part, each drug included on the list published under subsection (a) with respect to an initial price applicability year shall be referred to as a `selected drug' with respect to such year and each subsequent plan year beginning before the first plan year beginning after the date on which the Secretary determines two or more drug products-- ``(1) are approved or licensed (as applicable)-- ``(A) under section 505(j) of the Federal Food, Drug, and Cosmetic Act using such drug as the listed drug; or ``(B) under section 351(k) of the Public Health Service Act using such drug as the reference product; and ``(2) continue to be marketed. ``(d) Negotiation-Eligible Drug.-- ``(1) In general.--For purposes of this part, the term `negotiation-eligible drug' means, with respect to the selected drug publication date with respect to an initial price applicability year, a qualifying single source drug, as defined in subsection (e), that meets any of the following criteria: ``(A) Covered part d drugs.--The drug is among the 125 covered part D drugs (as defined in section 1860D- 2(e)) for which there was an estimated greatest net spending under parts C and D of title XVIII, as determined by the Secretary, during the most recent plan year prior to such drug publication date for which data are available. ``(B) Other drugs.--The drug is among the 125 drugs for which there was an estimated greatest net spending in the United States (including the 50 States, the District of Columbia, and the territories of the United States), as determined by the Secretary, during the most recent plan year prior to such drug publication date for which data are available. ``(C) Insulin.--The drug is a qualifying single source drug described in subsection (e)(3). ``(2) Clarification.--In determining whether a qualifying single source drug satisfies any of the criteria described in paragraph (1), the Secretary shall, to the extent practicable, use data that is aggregated across dosage forms and strengths of the drug and not based on the specific formulation or package size or package type of the drug. ``(3) Publication.--Not later than the selected drug publication date with respect to an initial price applicability year, the Secretary shall publish in the Federal Register a list of negotiation-eligible drugs with respect to such selected drug publication date. ``(e) Qualifying Single Source Drug.--For purposes of this part, the term `qualifying single source drug' means any of the following: ``(1) Drug products.--A drug that-- ``(A) is approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act and continues to be marketed pursuant to such approval; and ``(B) is not the listed drug for any drug that is approved and continues to be marketed under section 505(j) of such Act. ``(2) Biological products.--A biological product that-- ``(A) is licensed under section 351(a) of the Public Health Service Act, including any product that has been deemed to be licensed under section 351 of such Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009, and continues to be marketed under section 351 of such Act; and ``(B) is not the reference product for any biological product that is licensed and continues to be marketed under section 351(k) of such Act. ``(3) Insulin product.--Notwithstanding paragraphs (1) and (2), any insulin product that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act and continues to be marketed under such section 505 or 351, including any insulin product that has been deemed to be licensed under section 351(a) of the Public Health Service Act pursuant to section 7002(e)(4) of the Biologics Price Competition and Innovation Act of 2009 and continues to be marketed pursuant to such licensure. For purposes of applying paragraphs (1) and (2), a drug or biological product that is marketed by the same sponsor or manufacturer (or an affiliate thereof or a cross-licensed producer or distributor) as the listed drug or reference product described in such respective paragraph shall not be taken into consideration. ``(f) Information on International Drug Prices.--For purposes of determining which negotiation-eligible drugs to select under subsection (a) and, in the case of such drugs that are selected drugs, to determine the maximum fair price for such a drug and whether such maximum fair price should be renegotiated under section 1194, the Secretary shall use data relating to the AIM price with respect to such drug as available or provided to the Secretary and shall on an ongoing basis request from manufacturers of selected drugs information on the AIM price of such a drug. ``(g) New-Entrant Negotiation-Eligible Drugs.-- ``(1) In general.--For purposes of this part, the term `new-entrant negotiation-eligible drug' means, with respect to the selected drug publication date with respect to an initial price applicability year, a qualifying single source drug-- ``(A) that is first approved or licensed, as described in paragraph (1), (2), or (3) of subsection (e), as applicable, during the year preceding such selected drug publication date; and ``(B) that the Secretary determines under paragraph (2) is likely to be included as a negotiation-eligible drug with respect to the subsequent selected drug publication date. ``(2) Determination.--In the case of a qualifying single source drug that meets the criteria described in subparagraph (A) of paragraph (1), with respect to an initial price applicability year, if the wholesale acquisition cost at which such drug is first marketed in the United States is equal to or greater than the median household income (as determined according to the most recent data collected by the United States Census Bureau), the Secretary shall determine before the selected drug publication date with respect to the initial price applicability year, if the drug is likely to be included as a negotiation-eligible drug with respect to the subsequent selected drug publication date, based on the projected spending under title XVIII or in the United States on such drug. For purposes of this paragraph the term `United States' includes the 50 States, the District of Columbia, and the territories of the United States. ``(h) Conflict of Interest.-- ``(1) In general.--In the case the Inspector General of the Department of Health and Human Services determines the Secretary has a conflict, with respect to a matter described in paragraph (2), the individual described in paragraph (3) shall carry out the duties of the Secretary under this part, with respect to a negotiation-eligible drug, that would otherwise be such a conflict. ``(2) Matter described.--A matter described in this paragraph is-- ``(A) a financial interest (as described in section 2635.402 of title 5, Code of Federal Regulations, as in effect on the date of the enactment of this section, (except for an interest described in subsection (b)(2)(iv) of such section)) on the date of the selected drug publication date, with respect the price applicability year (as applicable); ``(B) a personal or business relationship (as described in section 2635.502 of such title) on the date of the selected drug publication date, with respect the price applicability year; ``(C) employment by a manufacturer of a negotiation-eligible drug during the preceding 10-year period beginning on the date of the selected drug publication date, with respect to each price applicability year; and ``(D) any other matter the General Counsel determines appropriate. ``(3) Individual described.--An individual described in this paragraph is-- ``(A) the highest-ranking officer or employee of the Department of Health and Human Services (as determined by the organizational chart of the Department) that does not have a conflict under this subsection; and ``(B) is nominated by the President and confirmed by the Senate with respect to the position. ``SEC. 1193. MANUFACTURER AGREEMENTS. ``(a) In General.--For purposes of section 1191(a)(2), the Secretary shall enter into agreements with manufacturers of selected drugs with respect to a price applicability period, by not later than June 15 following the selected drug publication date with respect to such selected drug, under which-- ``(1) during the voluntary negotiation period for the initial price applicability year for the selected drug, the Secretary and manufacturer, in accordance with section 1194, negotiate to determine (and, by not later than the last date of such period and in accordance with subsection (c), agree to) a maximum fair price for such selected drug of the manufacturer in order to provide access to such price-- ``(A) to fair price eligible individuals who with respect to such drug are described in subparagraph (A) of section 1191(c)(1) and are furnished or dispensed such drug during, subject to subparagraph (2), the price applicability period; and ``(B) to hospitals, physicians, and other providers of services and suppliers with respect to fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug during, subject to subparagraph (2), the price applicability period; ``(2) the Secretary and the manufacturer shall, in accordance with a process and during a period specified by the Secretary pursuant to rulemaking, renegotiate (and, by not later than the last date of such period and in accordance with subsection (c), agree to) the maximum fair price for such drug if the Secretary determines that there is a material change in any of the factors described in section 1194(d) relating to the drug, including changes in the AIM price for such drug, in order to provide access to such maximum fair price (as so renegotiated)-- ``(A) to fair price eligible individuals who with respect to such drug are described in subparagraph (A) of section 1191(c)(1) and are furnished or dispensed such drug during any year during the price applicability period (beginning after such renegotiation) with respect to such selected drug; and ``(B) to hospitals, physicians, and other providers of services and suppliers with respect to fair price eligible individuals who with respect to such drug are described in subparagraph (B) of such section and are furnished or administered such drug during any year described in subparagraph (A); ``(3) the maximum fair price (including as renegotiated pursuant to paragraph (2)), with respect to such a selected drug, shall be provided to fair price eligible individuals, who with respect to such drug are described in subparagraph (A) of section 1191(c)(1), at the pharmacy or by a mail order service at the point-of-sale of such drug; ``(4) the manufacturer, subject to subsection (d), submits to the Secretary, in a form and manner specified by the Secretary-- ``(A) for the voluntary negotiation period for the price applicability period (and, if applicable, before any period of renegotiation specified pursuant to paragraph (2)) with respect to such drug all information that the Secretary requires to carry out the negotiation (or renegotiation process) under this part, including information described in section 1192(f) and section 1194(d)(1); and ``(B) on an ongoing basis, information on changes in prices for such drug that would affect the AIM price for such drug or otherwise provide a basis for renegotiation of the maximum fair price for such drug pursuant to paragraph (2); ``(5) the manufacturer agrees that in the case the selected drug of a manufacturer is a drug described in subsection (c), the manufacturer will, in accordance with such subsection, make any payment required under such subsection with respect to such drug; and ``(6) the manufacturer complies with requirements imposed by the Secretary for purposes of administering the program, including with respect to the duties described in section 1196. ``(b) Agreement in Effect Until Drug Is No Longer a Selected Drug.--An agreement entered into under this section shall be effective, with respect to a drug, until such drug is no longer considered a selected drug under section 1192(c). ``(c) Special Rule for Certain Selected Drugs Without AIM Price.-- ``(1) In general.--In the case of a selected drug for which there is no AIM price available with respect to the initial price applicability year for such drug and for which an AIM price becomes available beginning with respect to a subsequent plan year during the price applicability period for such drug, if the Secretary determines that the amount described in paragraph (2)(A) for a unit of such drug is greater than the amount described in paragraph (2)(B) for a unit of such drug, then by not later than one year after the date of such determination, the manufacturer of such selected drug shall pay to the Treasury an amount equal to the product of-- ``(A) the difference between such amount described in paragraph (2)(A) for a unit of such drug and such amount described in paragraph (2)(B) for a unit of such drug; and ``(B) the number of units of such drug sold in the United States, including the 50 States, the District of Columbia, and the territories of the United States, during the period described in paragraph (2)(B). ``(2) Amounts described.-- ``(A) Weighted average price before aim price available.--For purposes of paragraph (1), the amount described in this subparagraph for a selected drug described in such paragraph, is the amount equal to the weighted average manufacturer price (as defined in section 1927(k)(1)) for such dosage strength and form for the drug during the period beginning with the first plan year for which the drug is included on the list of negotiation-eligible drugs published under section 1192(d) and ending with the last plan year during the price applicability period for such drug with respect to which there is no AIM price available for such drug. ``(B) Amount multiplier after aim price available.--For purposes of paragraph (1), the amount described in this subparagraph for a selected drug described in such paragraph, is the amount equal to 200 percent of the AIM price for such drug with respect to the first plan year during the price applicability period for such drug with respect to which there is an AIM price available for such drug. ``(d) Confidentiality of Information.--Information submitted to the Secretary under this part by a manufacturer of a selected drug that is proprietary information of such manufacturer (as determined by the Secretary) may be used only by the Secretary or disclosed to and used by the Comptroller General of the United States or the Medicare Payment Advisory Commission for purposes of carrying out this part. ``(e) Regulations.-- ``(1) In general.--The Secretary shall, pursuant to rulemaking, specify, in accordance with paragraph (2), the information that must be submitted under subsection (a)(4). ``(2) Information specified.--Information described in paragraph (1), with respect to a selected drug, shall include information on sales of the drug (by the manufacturer of the drug or by another entity under license or other agreement with the manufacturer, with respect to the sales of such drug, regardless of the name under which the drug is sold) in any foreign country that is part of the AIM price. The Secretary shall verify, to the extent practicable, such sales from appropriate officials of the government of the foreign country involved. ``(f) Compliance With Requirements for Administration of Program.-- Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under section 1196(c)(1), as applicable, for purposes of administering the program. ``SEC. 1194. NEGOTIATION AND RENEGOTIATION PROCESS. ``(a) In General.--For purposes of this part, under an agreement under section 1193 between the Secretary and a manufacturer of a selected drug, with respect to the period for which such agreement is in effect and in accordance with subsections (b) and (c), the Secretary and the manufacturer-- ``(1) shall during the voluntary negotiation period with respect to the initial price applicability year for such drug, in accordance with this section, negotiate a maximum fair price for such drug for the purpose described in section 1193(a)(1); and ``(2) as applicable pursuant to section 1193(a)(2) and in accordance with the process specified pursuant to such section, renegotiate such maximum fair price for such drug for the purpose described in such section. ``(b) Negotiating Methodology and Objective.-- ``(1) In general.--The Secretary shall develop and use a consistent methodology for negotiations under subsection (a) that, in accordance with paragraph (2) and subject to paragraph (3), achieves the lowest maximum fair price for each selected drug while appropriately rewarding innovation. ``(2) Prioritizing factors.--In considering the factors described in subsection (d) in negotiating (and, as applicable, renegotiating) the maximum fair price for a selected drug, the Secretary shall, to the extent practicable, consider all of the available factors listed but shall prioritize the following factors: ``(A) Research and development costs.--The factor described in paragraph (1)(A) of subsection (d). ``(B) Market data.--The factor described in paragraph (1)(B) of such subsection. ``(C) Unit costs of production and distribution.-- The factor described in paragraph (1)(C) of such subsection. ``(D) Comparison to existing therapeutic alternatives.--The factor described in paragraph (2)(A) of such subsection. ``(3) Requirement.-- ``(A) In general.--In negotiating the maximum fair price of a selected drug, with respect to an initial price applicability year for the selected drug, and, as applicable, in renegotiating the maximum fair price for such drug, with respect to a subsequent year during the price applicability period for such drug, in the case that the manufacturer of the selected drug offers under the negotiation or renegotiation, as applicable, a price for such drug that is not more than the target price described in subparagraph (B) for such drug for the respective year, the Secretary shall agree under such negotiation or renegotiation, respectively, to such offered price as the maximum fair price. ``(B) Target price.-- ``(i) In general.--Subject to clause (ii), the target price described in this subparagraph for a selected drug with respect to a year, is the average price (which shall be the net average price, if practicable, and volume- weighted, if practicable) for a unit of such drug for sales of such drug, as computed (across different dosage forms and strengths of the drug and not based on the specific formulation or package size or package type of the drug) in the applicable country described in section 1191(c)(3)(B) with respect to such drug that, with respect to such year, has the lowest average price for such drug as compared to the average prices (as so computed) of such drug with respect to such year in the other applicable countries described in such section with respect to such drug. ``(ii) Selected drugs without aim price.-- In applying this paragraph in the case of negotiating the maximum fair price of a selected drug for which there is no AIM price available with respect to the initial price applicability year for such drug, or, as applicable, renegotiating the maximum fair price for such drug with respect to a subsequent year during the price applicability period for such drug before the first plan year for which there is an AIM price available for such drug, the target price described in this subparagraph for such drug and respective year is the amount that is 80 percent of the average manufacturer price (as defined in section 1927(k)(1)) for such drug and year. ``(4) Annual report.--After the completion of each voluntary negotiation period, the Secretary shall submit to Congress a report on the maximum fair prices negotiated (or, as applicable, renegotiated) for such period. Such report shall include information on how such prices so negotiated (or renegotiated) meet the requirements of this part, including the requirements of this subsection. ``(c) Limitation.-- ``(1) In general.--Subject to paragraph (2), the maximum fair price negotiated (including as renegotiated) under this section for a selected drug, with respect to each plan year during a price applicability period for such drug, shall not exceed 120 percent of the AIM price applicable to such drug with respect to such year. ``(2) Selected drugs without aim price.--In the case of a selected drug for which there is no AIM price available with respect to the initial price applicability year for such drug, for each plan year during the price applicability period before the first plan year for which there is an AIM price available for such drug, the maximum fair price negotiated (including as renegotiated) under this section for the selected drug shall not exceed the amount equal to 85 percent of the average manufacturer price for the drug with respect to such year. ``(d) Considerations.--For purposes of negotiating and, as applicable, renegotiating (including for purposes of determining whether to renegotiate) the maximum fair price of a selected drug under this part with the manufacturer of the drug, the Secretary, consistent with subsection (b)(2), shall take into consideration the factors described in paragraphs (1), (2), (3), and (5), and may take into consideration the factor described in paragraph (4): ``(1) Manufacturer-specific information.--The following information, including as submitted by the manufacturer: ``(A) Research and development costs of the manufacturer for the drug and the extent to which the manufacturer has recouped research and development costs. ``(B) Market data for the drug, including the distribution of sales across different programs and purchasers and projected future revenues for the drug. ``(C) Unit costs of production and distribution of the drug. ``(D) Prior Federal financial support for novel therapeutic discovery and development with respect to the drug. ``(E) Data on patents and on existing and pending exclusivity for the drug. ``(F) National sales data for the drug. ``(G) Information on clinical trials for the drug in the United States or in applicable countries described in section 1191(c)(3)(B). ``(2) Information on alternative products.--The following information: ``(A) The extent to which the drug represents a therapeutic advance as compared to existing therapeutic alternatives and, to the extent such information is available, the costs of such existing therapeutic alternatives. ``(B) Information on approval by the Food and Drug Administration of alternative drug products. ``(C) Information on comparative effectiveness analysis for such products, taking into consideration the effects of such products on specific populations, such as individuals with disabilities, the elderly, terminally ill, children, and other patient populations. In considering information described in subparagraph (C), the Secretary shall not use evidence or findings from comparative clinical effectiveness research in a manner that treats extending the life of an elderly, disabled, or terminally ill individual as of lower value than extending the life of an individual who is younger, nondisabled, or not terminally ill. Nothing in the previous sentence shall affect the application or consideration of an AIM price for a selected drug. ``(3) Foreign sales information.--To the extent available on a timely basis, including as provided by a manufacturer of the selected drug or otherwise, information on sales of the selected drug in each of the countries described in section 1191(c)(3)(B). ``(4) VA drug pricing information.--Information disclosed to the Secretary pursuant to subsection (f). ``(5) Additional information.--Information submitted to the Secretary, in accordance with a process specified by the Secretary, by other parties that are affected by the establishment of a maximum fair price for the selected drug. ``(e) Request for Information.--For purposes of negotiating and, as applicable, renegotiating (including for purposes of determining whether to renegotiate) the maximum fair price of a selected drug under this part with the manufacturer of the drug, with respect to a price applicability period, and other relevant data for purposes of this section-- ``(1) the Secretary shall, not later than the selected drug publication date with respect to the initial price applicability year of such period, request drug pricing information from the manufacturer of such selected drug, including information described in subsection (d)(1); and ``(2) by not later than October 1 following the selected drug publication date, the manufacturer of such selected drug shall submit to the Secretary such requested information in such form and manner as the Secretary may require. The Secretary shall request, from the manufacturer or others, such additional information as may be needed to carry out the negotiation and renegotiation process under this section. ``(f) Disclosure of Information.--For purposes of this part, the Secretary of Veterans Affairs may disclose to the Secretary of Health and Human Services the price of any negotiation-eligible drug that is purchased pursuant to section 8126 of title 38, United States Code. ``SEC. 1195. PUBLICATION OF MAXIMUM FAIR PRICES. ``(a) In General.--With respect to an initial price applicability year and selected drug with respect to such year, not later than April 1 of the plan year prior to such initial price applicability year, the Secretary shall publish in the Federal Register the maximum fair price for such drug negotiated under this part with the manufacturer of such drug. ``(b) Updates.-- ``(1) Subsequent year maximum fair prices.--For a selected drug, for each plan year subsequent to the initial price applicability year for such drug with respect to which an agreement for such drug is in effect under section 1193, the Secretary shall publish in the Federal Register-- ``(A) subject to subparagraph (B), the amount equal to the maximum fair price published for such drug for the previous year, increased by the annual percentage increase in the consumer price index for all urban consumers (all items; U.S. city average) as of September of such previous year; or ``(B) in the case the maximum fair price for such drug was renegotiated, for the first year for which such price as so renegotiated applies, such renegotiated maximum fair price. ``(2) Prices negotiated after deadline.--In the case of a selected drug with respect to an initial price applicability year for which the maximum fair price is determined under this part after the date of publication under this section, the Secretary shall publish such maximum fair price in the Federal Register by not later than 30 days after the date such maximum price is so determined. ``SEC. 1196. ADMINISTRATIVE DUTIES; COORDINATION PROVISIONS. ``(a) Administrative Duties.-- ``(1) In general.--For purposes of section 1191, the administrative duties described in this section are the following: ``(A) The establishment of procedures (including through agreements with manufacturers under this part, contracts with prescription drug plans under part D of title XVIII and MA-PD plans under part C of such title, and agreements under section 1197 with group health plans and health insurance issuers of health insurance coverage offered in the individual or group market) under which the maximum fair price for a selected drug is provided to fair price eligible individuals, who with respect to such drug are described in subparagraph (A) of section 1191(c)(1), at pharmacies or by mail order service at the point-of-sale of the drug for the applicable price period for such drug and providing that such maximum fair price is used for determining cost-sharing under such plans or coverage for the selected drug. ``(B) The establishment of procedures (including through agreements with manufacturers under this part and contracts with hospitals, physicians, and other providers of services and suppliers and agreements under section 1197 with group health plans and health insurance issuers of health insurance coverage offered in the individual or group market) under which, in the case of a selected drug furnished or administered by such a hospital, physician, or other provider of services or supplier to fair price eligible individuals (who with respect to such drug are described in subparagraph (B) of section 1191(c)(1)), the maximum fair price for the selected drug is provided to such hospitals, physicians, and other providers of services and suppliers (as applicable) with respect to such individuals and providing that such maximum fair price is used for determining cost-sharing under the respective part, plan, or coverage for the selected drug. ``(C) The establishment of procedures (including through agreements and contracts described in subparagraphs (A) and (B)) to ensure that, not later than 90 days after the dispensing of a selected drug to a fair price eligible individual by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- ``(i) the lesser of-- ``(I) the wholesale acquisition cost of the drug; ``(II) the national average drug acquisition cost of the drug; and ``(III) any other similar determination of pharmacy acquisition costs of the drug, as determined by the Secretary; and ``(ii) the maximum fair price for the drug. ``(D) The establishment of procedures to ensure that the maximum fair price for a selected drug is applied before-- ``(i) any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of fair price eligible individuals as the Secretary may specify; and ``(ii) any other discounts. ``(E) The establishment of procedures to enter into appropriate agreements and protocols for the ongoing computation of AIM prices for selected drugs, including, to the extent possible, to compute the AIM price for selected drugs and including by providing that the manufacturer of such a selected drug should provide information for such computation not later than 3 months after the first date of the voluntary negotiation period for such selected drug. ``(F) The establishment of procedures to compute and apply the maximum fair price across different strengths and dosage forms of a selected drug and not based on the specific formulation or package size or package type of the drug. ``(G) The establishment of procedures to negotiate and apply the maximum fair price in a manner that does not include any dispensing or similar fee. ``(H) The establishment of procedures to carry out the provisions of this part, as applicable, with respect to-- ``(i) fair price eligible individuals who are enrolled under a prescription drug plan under part D of title XVIII or an MA-PD plan under part C of such title; ``(ii) fair price eligible individuals who are enrolled under a group health plan or health insurance coverage offered by a health insurance issuer in the individual or group market with respect to which there is an agreement in effect under section 1197; and ``(iii) fair price eligible individuals who are entitled to benefits under part A of title XVIII or enrolled under part B of such title. ``(I) The establishment of a negotiation process and renegotiation process in accordance with section 1194, including a process for acquiring information described in subsection (d) of such section and determining amounts described in subsection (b) of such section. ``(J) The provision of a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, fair price eligible individuals, and the third party with a contract under subsection (c)(1). ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under section 1193, including by establishing a mechanism through which violations of such terms may be reported. ``(B) Notification.--If a third party with a contract under subsection (c)(1) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under section 4192 of the Internal Revenue Code of 1986 or section 1198, as applicable. ``(b) Collection of Data.-- ``(1) From prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans under part D of title XVIII and MA-PD plans under part C of such title in a timeframe that allows for maximum fair prices to be provided under this part for selected drugs. ``(2) From health plans.--The Secretary may collect appropriate data from group health plans or health insurance issuers offering group or individual health insurance coverage in a timeframe that allows for maximum fair prices to be provided under this part for selected drugs. ``(3) Coordination of data collection.--To the extent feasible, as determined by the Secretary, the Secretary shall ensure that data collected pursuant to this subsection is coordinated with, and not duplicative of, other Federal data collection efforts. ``(c) Contract With Third Parties.-- ``(1) In general.--The Secretary may enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this part. At a minimum, the contract with a third party under the preceding sentence shall require that the third party-- ``(A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; ``(B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this part; ``(C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this part, as necessary for the manufacturer to fulfill its obligations under this part; and ``(D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. ``(2) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (1) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this part. ``SEC. 1197. VOLUNTARY PARTICIPATION BY OTHER HEALTH PLANS. ``(a) Agreement To Participate Under Program.-- ``(1) In general.--Subject to paragraph (2), under the program under this part the Secretary shall be treated as having in effect an agreement with a group health plan or health insurance issuer offering group or individual health insurance coverage (as such terms are defined in section 2791 of the Public Health Service Act), with respect to a price applicability period and a selected drug with respect to such period-- ``(A) with respect to such selected drug furnished or dispensed at a pharmacy or by mail order service if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or dispensed; and ``(B) with respect to such selected drug furnished or administered by a hospital, physician, or other provider of services or supplier if coverage is provided under such plan or coverage during such period for such selected drug as so furnished or administered. ``(2) Opting out of agreement.--The Secretary shall not be treated as having in effect an agreement under the program under this part with a group health plan or health insurance issuer offering group or individual health insurance coverage with respect to a price applicability period and a selected drug with respect to such period if such a plan or issuer affirmatively elects, through a process specified by the Secretary, not to participate under the program with respect to such period and drug. ``(b) Publication of Election.--With respect to each price applicability period and each selected drug with respect to such period, the Secretary and the Secretary of Labor and the Secretary of the Treasury, as applicable, shall make public a list of each group health plan and each health insurance issuer offering group or individual health insurance coverage, with respect to which coverage is provided under such plan or coverage for such drug, that has elected under subsection (a) not to participate under the program with respect to such period and drug. ``SEC. 1198. CIVIL MONETARY PENALTY. ``(a) Violations Relating to Offering of Maximum Fair Price.--Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a plan year during the price applicability period for such drug, that does not provide access to a price that is not more than the maximum fair price (or a lesser price) for such drug for such year-- ``(1) to a fair price eligible individual who with respect to such drug is described in subparagraph (A) of section 1191(c)(1) and who is furnished or dispensed such drug during such year; or ``(2) to a hospital, physician, or other provider of services or supplier with respect to fair price eligible individuals who with respect to such drug is described in subparagraph (B) of such section and is furnished or administered such drug by such hospital, physician, or provider or supplier during such year; shall be subject to a civil monetary penalty equal to ten times the amount equal to the difference between the price for such drug made available for such year by such manufacturer with respect to such individual or hospital, physician, provider, or supplier and the maximum fair price for such drug for such year. ``(b) Violations of Certain Terms of Agreement.--Any manufacturer of a selected drug that has entered into an agreement under section 1193, with respect to a plan year during the price applicability period for such drug, that is in violation of a requirement imposed pursuant to section 1193(a)(6) shall be subject to a civil monetary penalty of not more than $1,000,000 for each such violation. ``(c) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil monetary penalty under this section in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``SEC. 1199. MISCELLANEOUS PROVISIONS. ``(a) Paperwork Reduction Act.--Chapter 35 of title 44, United States Code, shall not apply to data collected under this part. ``(b) National Academy of Medicine Study.--Not later than December 31, 2027, the National Academy of Medicine shall conduct a study, and submit to Congress a report, on recommendations for improvements to the program under this part, including the determination of the limits applied under section 1194(c). ``(c) MedPAC Study.--Not later than December 31, 2027, the Medicare Payment Advisory Commission shall conduct a study, and submit to Congress a report, on the program under this part with respect to the Medicare program under title XVIII, including with respect to the effect of the program on individuals entitled to benefits or enrolled under such title. ``(d) Limitation on Judicial Review.--The following shall not be subject to judicial review: ``(1) The selection of drugs for publication under section 1192(a). ``(2) The determination of whether a drug is a negotiation- eligible drug under section 1192(d). ``(3) The determination of the maximum fair price of a selected drug under section 1194. ``(4) The determination of units of a drug for purposes of section 1191(c)(3). ``(e) Coordination.--In carrying out this part with respect to group health plans or health insurance coverage offered in the group market that are subject to oversight by the Secretary of Labor or the Secretary of the Treasury, the Secretary of Health and Human Services shall coordinate with such respective Secretary. ``(f) Data Sharing.--The Secretary shall share with the Secretary of the Treasury such information as is necessary to determine the tax imposed by section 4192 of the Internal Revenue Code of 1986. ``(g) GAO Study.--Not later than December 31, 2027, the Comptroller General of the United States shall conduct a study of, and submit to Congress a report on, the implementation of the Fair Price Negotiation Program under this part.''. (b) Application of Maximum Fair Prices and Conforming Amendments.-- (1) Under medicare.-- (A) Application to payments under part b.--Section 1847A(b)(1)(B) of the Social Security Act (42 U.S.C. 1395w-3a(b)(1)(B)) is amended by inserting ``or in the case of such a drug or biological that is a selected drug (as defined in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), 106 percent of the maximum fair price (as defined in section 1191(c)(2)) applicable for such drug and a plan year during such period'' after ``paragraph (4)''. (B) Exception to part d non-interference.--Section 1860D-11(i) of the Social Security Act (42 U.S.C. 1395w-111(i)) is amended by inserting ``, except as provided under part E of title XI'' after ``the Secretary''. (C) Application as negotiated price under part d.-- Section 1860D-2(d)(1) of the Social Security Act (42 U.S.C. 1395w-102(d)(1)) is amended-- (i) in subparagraph (B), by inserting ``, subject to subparagraph (D),'' after ``negotiated prices''; and (ii) by adding at the end the following new subparagraph: ``(D) Application of maximum fair price for selected drugs.--In applying this section, in the case of a covered part D drug that is a selected drug (as defined in section 1192(c)), with respect to a price applicability period (as defined in section 1191(b)(2)), the negotiated prices used for payment (as described in this subsection) shall be the maximum fair price (as defined in section 1191(c)(2)) for such drug and for each plan year during such period.''. (D) Information from prescription drug plans and ma-pd plans required.-- (i) Prescription drug plans.--Section 1860D-12(b) of the Social Security Act (42 U.S.C. 1395w-112(b)) is amended by adding at the end the following new paragraph: ``(8) Provision of information related to maximum fair prices.--Each contract entered into with a PDP sponsor under this part with respect to a prescription drug plan offered by such sponsor shall require the sponsor to provide information to the Secretary as requested by the Secretary in accordance with section 1196(b).''. (ii) MA-PD plans.--Section 1857(f)(3) of the Social Security Act (42 U.S.C. 1395w- 27(f)(3)) is amended by adding at the end the following new subparagraph: ``(E) Provision of information related to maximum fair prices.--Section 1860D-12(b)(8).''. (2) Under group health plans and health insurance coverage.-- (A) PHSA.--Part D of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the following new section: ``SEC. 2799A-11. FAIR PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM FAIR PRICES. ``(a) In General.--In the case of a group health plan or health insurance issuer offering group or individual health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Fair Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period with respect to which coverage is provided under such plan or coverage-- ``(1) the provisions of such part shall apply-- ``(A) if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plans or coverage offered by such plan or issuer, and to the individuals enrolled under such plans or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA-PD plans, and to individuals enrolled under such prescription drug plans and MA-PD plans during such period; and ``(B) if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plans or coverage offered by such plan or issuers, to the individuals enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to individuals entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; ``(2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and ``(3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, such individuals so enrolled in such plans and coverage, and such hospitals, physicians, and other providers and suppliers participating in such plans and coverage. ``(b) Notification Regarding Nonparticipation in Fair Price Negotiation Program.--A group health plan or a health insurance issuer offering group or individual health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Fair Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.''. (B) ERISA.-- (i) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following new section: ``SEC. 726. FAIR PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM FAIR PRICES. ``(a) In General.--In the case of a group health plan or health insurance issuer offering group health insurance coverage that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Fair Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period with respect to which coverage is provided under such plan or coverage-- ``(1) the provisions of such part shall apply, as applicable-- ``(A) if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plans or coverage offered by such plan or issuer, and to the individuals enrolled under such plans or coverage, during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA-PD plans, and to individuals enrolled under such prescription drug plans and MA-PD plans during such period; and ``(B) if coverage of such selected drug is provided under such plan or coverage if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plans or coverage offered by such plan or issuers, to the individuals enrolled under such plans or coverage, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to individuals entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; ``(2) the plan or issuer shall apply any cost-sharing responsibilities under such plan or coverage, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and ``(3) the Secretary shall apply the provisions of such part E to such plan, issuer, and coverage, and such individuals so enrolled in such plans. ``(b) Notification Regarding Nonparticipation in Fair Price Negotiation Program.--A group health plan or a health insurance issuer offering group health insurance coverage shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan or issuer to not participate in the Fair Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan or coverage before the beginning of the plan year for which such election was made.''. (ii) Application to retiree and certain small group health plans.--Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 726''. (iii) Clerical amendment.--The table of sections for subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following: ``Sec. 726. Fair Price Negotiation Program and application of maximum fair prices.''. (C) IRC.-- (i) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9826. FAIR PRICE NEGOTIATION PROGRAM AND APPLICATION OF MAXIMUM FAIR PRICES. ``(a) In General.--In the case of a group health plan that is treated under section 1197 of the Social Security Act as having in effect an agreement with the Secretary under the Fair Price Negotiation Program under part E of title XI of such Act, with respect to a price applicability period (as defined in section 1191(b) of such Act) and a selected drug (as defined in section 1192(c) of such Act) with respect to such period with respect to which coverage is provided under such plan-- ``(1) the provisions of such part shall apply, as applicable-- ``(A) if coverage of such selected drug is provided under such plan if the drug is furnished or dispensed at a pharmacy or by a mail order service, to the plan, and to the individuals enrolled under such plan during such period, with respect to such selected drug, in the same manner as such provisions apply to prescription drug plans and MA-PD plans, and to individuals enrolled under such prescription drug plans and MA-PD plans during such period; and ``(B) if coverage of such selected drug is provided under such plan if the drug is furnished or administered by a hospital, physician, or other provider of services or supplier, to the plan, to the individuals enrolled under such plan, and to hospitals, physicians, and other providers of services and suppliers during such period, with respect to such drug in the same manner as such provisions apply to the Secretary, to individuals entitled to benefits under part A of title XVIII or enrolled under part B of such title, and to hospitals, physicians, and other providers and suppliers participating under title XVIII during such period; ``(2) the plan shall apply any cost-sharing responsibilities under such plan, with respect to such selected drug, by substituting an amount not more than the maximum fair price negotiated under such part E of title XI for such drug in lieu of the drug price upon which the cost-sharing would have otherwise applied, and such cost-sharing responsibilities with respect to such selected drug may not exceed such maximum fair price; and ``(3) the Secretary shall apply the provisions of such part E to such plan and such individuals so enrolled in such plan. ``(b) Notification Regarding Nonparticipation in Fair Price Negotiation Program.--A group health plan shall publicly disclose in a manner and in accordance with a process specified by the Secretary any election made under section 1197 of the Social Security Act by the plan to not participate in the Fair Price Negotiation Program under part E of title XI of such Act with respect to a selected drug (as defined in section 1192(c) of such Act) for which coverage is provided under such plan before the beginning of the plan year for which such election was made.''. (ii) Application to retiree and certain small group health plans.--Section 9831(a)(2) of the Internal Revenue Code of 1986 is amended by inserting ``other than with respect to section 9826,'' before ``any group health plan''. (iii) Clerical amendment.--The table of sections for subchapter B of chapter 100 of such Code is amended by adding at the end the following new item: ``Sec. 9826. Fair Price Negotiation Program and application of maximum fair prices.''. (3) Fair price negotiation program prices included in best price and amp.--Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended-- (A) in subsection (c)(1)(C)(ii)-- (i) in subclause (III), by striking at the end ``; and''; (ii) in subclause (IV), by striking at the end the period and inserting ``; and''; and (iii) by adding at the end the following new subclause: ``(V) in the case of a rebate period and a covered outpatient drug that is a selected drug (as defined in section 1192(c)) during such rebate period, shall be inclusive of the price for such drug made available from the manufacturer during the rebate period by reason of application of part E of title XI to any wholesaler, retailer, provider, health maintenance organization, nonprofit entity, or governmental entity within the United States.''; and (B) in subsection (k)(1)(B), by adding at the end the following new clause: ``(iii) Clarification.--Notwithstanding clause (i), in the case of a rebate period and a covered outpatient drug that is a selected drug (as defined in section 1192(c)) during such rebate period, any reduction in price paid during the rebate period to the manufacturer for the drug by a wholesaler or retail community pharmacy described in subparagraph (A) by reason of application of part E of title XI shall be included in the average manufacturer price for the covered outpatient drug.''. (4) FEHBP.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p) A contract may not be made or a plan approved under this chapter with any carrier that has affirmatively elected, pursuant to section 1197 of the Social Security Act, not to participate in the Fair Price Negotiation Program established under section 1191 of such Act for any selected drug (as that term is defined in section 1192(c) of such Act).''. (5) Option of secretary of veterans affairs to purchase covered drugs at maximum fair prices.--Section 8126 of title 38, United States Code, is amended-- (A) in subsection (a)(2), by inserting ``, subject to subsection (j),'' after ``may not exceed''; (B) in subsection (d), in the matter preceding paragraph (1), by inserting ``, subject to subsection (j)'' after ``for the procurement of the drug''; and (C) by adding at the end the following new subsection: ``(j)(1) In the case of a covered drug that is a selected drug, for any year during the price applicability period for such drug, if the Secretary determines that the maximum fair price of such drug for such year is less than the price for such drug otherwise in effect pursuant to this section (including after application of any reduction under subsection (a)(2) and any discount under subsection (c)), at the option of the Secretary, in lieu of the maximum price (determined after application of the reduction under subsection (a)(2) and any discount under subsection (c), as applicable) that would be permitted to be charged during such year for such drug pursuant to this section without application of this subsection, the maximum price permitted to be charged during such year for such drug pursuant to this section shall be such maximum fair price for such drug and year. ``(2) For purposes of this subsection: ``(A) The term `maximum fair price' means, with respect to a selected drug and year during the price applicability period for such drug, the maximum fair price (as defined in section 1191(c)(2) of the Social Security Act) for such drug and year. ``(B) The term `negotiation eligible drug' has the meaning given such term in section 1192(d)(1) of the Social Security Act. ``(C) The term `price applicability period' has, with respect to a selected drug, the meaning given such term in section 1191(b)(2) of such Act. ``(D) The term `selected drug' means, with respect to a year, a drug that is a selected drug under section 1192(c) of such Act for such year.''. SEC. 102. SELECTED DRUG MANUFACTURER EXCISE TAX IMPOSED DURING NONCOMPLIANCE PERIODS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4192. SELECTED DRUGS DURING NONCOMPLIANCE PERIODS. ``(a) In General.--There is hereby imposed on the sale by the manufacturer, producer, or importer of any selected drug during a day described in subsection (b) a tax in an amount such that the applicable percentage is equal to the ratio of-- ``(1) such tax, divided by ``(2) the sum of such tax and the price for which so sold. ``(b) Noncompliance Periods.--A day is described in this subsection with respect to a selected drug if it is a day during one of the following periods: ``(1) The period beginning on the June 16th immediately following the selected drug publication date and ending on the first date during which the manufacturer of the drug has in place an agreement described in subsection (a) of section 1193 of the Social Security Act with respect to such drug. ``(2) The period beginning on the April 1st immediately following the June 16th described in paragraph (1) and ending on the first date during which the manufacturer of the drug has agreed to a maximum fair price under such agreement. ``(3) In the case of a selected drug with respect to which the Secretary of Health and Human Services has specified a renegotiation period under such agreement, the period beginning on the first date after the last date of such renegotiation period and ending on the first date during which the manufacturer of the drug has agreed to a renegotiated maximum fair price under such agreement. ``(4) With respect to information that is required to be submitted to the Secretary of Health and Human Services under such agreement, the period beginning on the date on which such Secretary certifies that such information is overdue and ending on the date that such information is so submitted. ``(5) In the case of a selected drug with respect to which a payment is due under subsection (c) of such section 1193, the period beginning on the date on which the Secretary of Health and Human Services certifies that such payment is overdue and ending on the date that such payment is made in full. ``(c) Applicable Percentage.--For purposes of this section, the term `applicable percentage' means-- ``(1) in the case of sales of a selected drug during the first 90 days described in subsection (b) with respect to such drug, 65 percent, ``(2) in the case of sales of such drug during the 91st day through the 180th day described in subsection (b) with respect to such drug, 75 percent, ``(3) in the case of sales of such drug during the 181st day through the 270th day described in subsection (b) with respect to such drug, 85 percent, and ``(4) in the case of sales of such drug during any subsequent day, 95 percent. ``(d) Selected Drug.--For purposes of this section-- ``(1) In general.--The term `selected drug' means any selected drug (within the meaning of section 1192 of the Social Security Act) which is manufactured or produced in the United States or entered into the United States for consumption, use, or warehousing. ``(2) United states.--The term `United States' has the meaning given such term by section 4612(a)(4). ``(3) Coordination with rules for possessions of the united states.--Rules similar to the rules of paragraphs (2) and (4) of section 4132(c) shall apply for purposes of this section. ``(e) Other Definitions.--For purposes of this section, the terms `selected drug publication date' and `maximum fair price' have the meaning given such terms in section 1191 of the Social Security Act. ``(f) Anti-Abuse Rule.--In the case of a sale which was timed for the purpose of avoiding the tax imposed by this section, the Secretary may treat such sale as occurring during a day described in subsection (b).''. (b) No Deduction for Excise Tax Payments.--Section 275 of the Internal Revenue Code of 1986 is amended by adding ``or by section 4192'' before the period at the end of subsection (a)(6). (c) Conforming Amendments.-- (1) Section 4221(a) of the Internal Revenue Code of 1986 is amended by inserting ``or 4192'' after ``section 4191''. (2) Section 6416(b)(2) of such Code is amended by inserting ``or 4192'' after ``section 4191''. (d) Clerical Amendments.-- (1) The heading of subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by striking ``Medical Devices'' and inserting ``Other Medical Products''. (2) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E and inserting the following new item: ``subchapter e. other medical products''. (3) The table of sections for subchapter E of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4192. Selected drugs during noncompliance periods.''. (e) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. SEC. 103. FAIR PRICE NEGOTIATION IMPLEMENTATION FUND. (a) In General.--There is hereby established a Fair Price Negotiation Implementation Fund (referred to in this section as the ``Fund''). The Secretary of Health and Human Services may obligate and expend amounts in the Fund to carry out this title and titles II and III (and the amendments made by such titles). (b) Funding.--There is authorized to be appropriated, and there is hereby appropriated, out of any monies in the Treasury not otherwise appropriated, to the Fund $3,000,000,000, to remain available until expended, of which-- (1) $600,000,000 shall become available on the date of the enactment of this Act; (2) $600,000,000 shall become available on October 1, 2022; (3) $600,000,000 shall become available on October 1, 2023; (4) $600,000,000 shall become available on October 1, 2024; and (5) $600,000,000 shall become available on October 1, 2025. (c) Supplement Not Supplant.--Any amounts appropriated pursuant to this section shall be in addition to any other amounts otherwise appropriated pursuant to any other provision of law. TITLE II--PRESCRIPTION DRUG INFLATION REBATES SEC. 201. MEDICARE PART B REBATE BY MANUFACTURERS. (a) In General.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Rebate by Manufacturers for Single Source Drugs With Prices Increasing Faster Than Inflation.-- ``(1) Requirements.-- ``(A) Secretarial provision of information.--Not later than 6 months after the end of each calendar quarter beginning on or after July 1, 2023, the Secretary shall, for each part B rebatable drug, report to each manufacturer of such part B rebatable drug the following for such calendar quarter: ``(i) Information on the total number of units of the billing and payment code described in subparagraph (A)(i) of paragraph (3) with respect to such drug and calendar quarter. ``(ii) Information on the amount (if any) of the excess average sales price increase described in subparagraph (A)(ii) of such paragraph for such drug and calendar quarter. ``(iii) The rebate amount specified under such paragraph for such part B rebatable drug and calendar quarter. ``(B) Manufacturer requirement.--For each calendar quarter beginning on or after July 1, 2023, the manufacturer of a part B rebatable drug shall, for such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such calendar quarter, provide to the Secretary a rebate that is equal to the amount specified in paragraph (3) for such drug for such calendar quarter. ``(2) Part b rebatable drug defined.-- ``(A) In general.--In this subsection, the term `part B rebatable drug' means a single source drug or biological (as defined in subparagraph (D) of section 1847A(c)(6)), including a biosimilar biological product (as defined in subparagraph (H) of such section), paid for under this part, except such term shall not include such a drug or biological-- ``(i) if the average total allowed charges for a year per individual that uses such a drug or biological, as determined by the Secretary, are less than, subject to subparagraph (B), $100; or ``(ii) that is a vaccine described in subparagraph (A) or (B) of section 1861(s)(10). ``(B) Increase.--The dollar amount applied under subparagraph (A)(i)-- ``(i) for 2024, shall be the dollar amount specified under such subparagraph for 2023, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year; and ``(ii) for a subsequent year, shall be the dollar amount specified in this clause (or clause (i)) for the previous year, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period ending with June of the previous year. Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(3) Rebate amount.-- ``(A) In general.--For purposes of paragraph (1), the amount specified in this paragraph for a part B rebatable drug assigned to a billing and payment code for a calendar quarter is, subject to paragraph (4), the amount equal to the product of-- ``(i) subject to subparagraphs (B) and (G), the total number of units of the billing and payment code for such part B rebatable drug furnished under this part during the calendar quarter; and ``(ii) the amount (if any) by which-- ``(I) the payment amount under subparagraph (B) or (C) of section 1847A(b)(1), as applicable, for such part B rebatable drug during the calendar quarter; exceeds ``(II) the inflation-adjusted payment amount determined under subparagraph (C) for such part B rebatable drug during the calendar quarter. ``(B) Excluded units.--For purposes of subparagraph (A)(i), the total number of units of the billing and payment code for each part B rebatable drug furnished during a calendar quarter shall not include-- ``(i) units packaged into the payment for a procedure or service under section 1833(t) or under section 1833(i) (instead of separately payable under such respective section); ``(ii) units included under the single payment system for renal dialysis services under section 1881(b)(14); or ``(iii) units of a part B rebatable drug of a manufacturer furnished to an individual, if such manufacturer, with respect to the furnishing of such units of such drug, provides for discounts under section 340B of the Public Health Service Act or for rebates under section 1927. ``(C) Determination of inflation-adjusted payment amount.--The inflation-adjusted payment amount determined under this subparagraph for a part B rebatable drug for a calendar quarter is-- ``(i) the payment amount for the billing and payment code for such drug in the payment amount benchmark quarter (as defined in subparagraph (D)); increased by ``(ii) the percentage by which the rebate period CPI-U (as defined in subparagraph (F)) for the calendar quarter exceeds the benchmark period CPI-U (as defined in subparagraph (E)). ``(D) Payment amount benchmark quarter.--The term `payment amount benchmark quarter' means the calendar quarter beginning January 1, 2016. ``(E) Benchmark period cpi-u.--The term `benchmark period CPI-U' means the consumer price index for all urban consumers (United States city average) for July 2015. ``(F) Rebate period cpi-u.--The term `rebate period CPI-U' means, with respect to a calendar quarter described in subparagraph (C), the greater of the benchmark period CPI-U and the consumer price index for all urban consumers (United States city average) for the first month of the calendar quarter that is two calendar quarters prior to such described calendar quarter. ``(G) Counting units.-- ``(i) Cut-off period to count units.--For purposes of subparagraph (A)(i), subject to clause (ii), to count the total number of billing units for a part B rebatable drug for a quarter, the Secretary may use a cut-off period in order to exclude from such total number of billing units for such quarter claims for services furnished during such quarter that were not processed at an appropriate time prior to the end of the cut-off period. ``(ii) Counting units for claims processed after cut-off period.--If the Secretary uses a cut-off period pursuant to clause (i), in the case of units of a part B rebatable drug furnished during a quarter but pursuant to application of such cut-off period excluded for purposes of subparagraph (A)(i) from the total number of billing units for the drug for such quarter, the Secretary shall count such units of such drug so furnished in the total number of billing units for such drug for a subsequent quarter, as the Secretary determines appropriate. ``(4) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--Subject to subparagraph (B), in the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after July 1, 2015, clause (i) of paragraph (3)(C) shall be applied as if the term `payment amount benchmark quarter' were defined under paragraph (3)(D) as the third full calendar quarter after the day on which the drug was first marketed and clause (ii) of paragraph (3)(C) shall be applied as if the term `benchmark period CPI-U' were defined under paragraph (3)(E) as if the reference to `July 2015' under such paragraph were a reference to `the first month of the first full calendar quarter after the day on which the drug was first marketed'. ``(B) Timeline for provision of rebates for subsequently approved drugs.--In the case of a part B rebatable drug first approved or licensed by the Food and Drug Administration after July 1, 2015, paragraph (1)(B) shall be applied as if the reference to `July 1, 2023' under such paragraph were a reference to the later of the 6th full calendar quarter after the day on which the drug was first marketed or July 1, 2023. ``(C) Exemption for shortages.--The Secretary may reduce or waive the rebate amount under paragraph (1)(B) with respect to a part B rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of other exigent circumstances, as determined by the Secretary. ``(D) Selected drugs.--In the case of a part B rebatable drug that is a selected drug (as defined in section 1192(c)) for a price applicability period (as defined in section 1191(b)(2))-- ``(i) for calendar quarters during such period for which a maximum fair price (as defined in section 1191(c)(2)) for such drug has been determined and is applied under part E of title XI, the rebate amount under paragraph (1)(B) shall be waived; and ``(ii) in the case such drug is determined (pursuant to such section 1192(c)) to no longer be a selected drug, for each applicable year beginning after the price applicability period with respect to such drug, clause (i) of paragraph (3)(C) shall be applied as if the term `payment amount benchmark quarter' were defined under paragraph (3)(D) as the calendar quarter beginning January 1 of the last year beginning during such price applicability period with respect to such selected drug and clause (ii) of paragraph (3)(C) shall be applied as if the term `benchmark period CPI-U' were defined under paragraph (3)(E) as if the reference to `July 2015' under such paragraph were a reference to the July of the year preceding such last year. ``(5) Application to beneficiary coinsurance.--In the case of a part B rebatable drug, if the payment amount for a quarter exceeds the inflation adjusted payment for such quarter-- ``(A) in computing the amount of any coinsurance applicable under this title to an individual with respect to such drug, the computation of such coinsurance shall be based on the inflation-adjusted payment amount determined under paragraph (3)(C) for such part B rebatable drug; and ``(B) the amount of such coinsurance is equal to 20 percent of such inflation-adjusted payment amount so determined. ``(6) Rebate deposits.--Amounts paid as rebates under paragraph (1)(B) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(7) Civil money penalty.--If a manufacturer of a part B rebatable drug has failed to comply with the requirements under paragraph (1)(B) for such drug for a calendar quarter, the manufacturer shall be subject to, in accordance with a process established by the Secretary pursuant to regulations, a civil money penalty in an amount equal to at least 125 percent of the amount specified in paragraph (3) for such drug for such calendar quarter. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(8) Study and report.-- ``(A) Study.--The Secretary shall conduct a study of the feasibility of and operational issues involved with the following: ``(i) Including multiple source drugs (as defined in section 1847A(c)(6)(C)) in the rebate system under this subsection. ``(ii) Including drugs and biologicals paid for under MA plans under part C in the rebate system under this subsection. ``(iii) Including drugs excluded under paragraph (2)(A) and units of the billing and payment code of the drugs excluded under paragraph (3)(B) in the rebate system under this subsection. ``(B) Report.--Not later than 3 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report on the study conducted under subparagraph (A). ``(9) Application to multiple source drugs.--The Secretary may, based on the report submitted under paragraph (8) and pursuant to rulemaking, apply the provisions of this subsection to multiple source drugs (as defined in section 1847A(c)(6)(C)), including, for purposes of determining the rebate amount under paragraph (3), by calculating manufacturer- specific average sales prices for the benchmark period and the rebate period.''. (b) Amounts Payable; Cost-Sharing.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) in subparagraph (S), by striking ``with respect to'' and inserting ``subject to subparagraph (DD), with respect to''; (ii) by striking ``and (DD)'' and inserting ``(EE)''; and (iii) by inserting before the semicolon at the end the following: ``, and (EE) with respect to a part B rebatable drug (as defined in paragraph (2) of section 1834(z)) for which the payment amount for a calendar quarter under paragraph (3)(A)(ii)(I) of such section for such quarter exceeds the inflation-adjusted payment under paragraph (3)(A)(ii)(II) of such section for such quarter, the amounts paid shall be the difference between (i) the payment amount under paragraph (3)(A)(ii)(I) of such section for such drug, and (ii) 20 percent of the inflation-adjusted payment amount under paragraph (3)(A)(ii)(II) of such section for such drug''; and (B) by adding at the end of the flush left matter following paragraph (9), the following: ``For purposes of applying paragraph (1)(EE), subsections (i)(9) and (t)(8)(F), and section 1834(z)(5), the Secretary shall make such estimates and use such data as the Secretary determines appropriate, and notwithstanding any other provision of law, may do so by program instruction or otherwise.''; (2) in subsection (i), by adding at the end the following new paragraph: ``(9) In the case of a part B rebatable drug (as defined in paragraph (2) of section 1834(z)) for which payment under this subsection is not packaged into a payment for a covered OPD service (as defined in subsection (t)(1)(B)) (or group of services) furnished on or after July 1, 2023, under the system under this subsection, in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection, the provisions of section 1834(z)(5), paragraph (1)(EE) of subsection (a), and the flush left matter following paragraph (9) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1834(z)(5) and subsection (a) apply under such section and subsection.''; and (3) in subsection (t)(8), by adding at the end the following new subparagraph: ``(F) Part b rebatable drugs.--In the case of a part B rebatable drug (as defined in paragraph (2) of section 1834(z)) for which payment under this part is not packaged into a payment for a service furnished on or after July 1, 2023, under the system under this subsection, in lieu of calculation of coinsurance and the amount of payment otherwise applicable under this subsection, the provisions of section 1834(z)(5), paragraph (1)(EE) of subsection (a), and the flush left matter following paragraph (9) of subsection (a), shall, as determined appropriate by the Secretary, apply under this subsection in the same manner as such provisions of section 1834(z)(5) and subsection (a) apply under such section and subsection.''. (c) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)) is amended by inserting ``or section 1834(z)'' after ``section 1927''. (2) Excluding parts b drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)) is amended by inserting ``or section 1834(z)'' after ``this section''. (3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)) is amended by striking ``or to carry out section 1847B'' and inserting ``to carry out section 1847B or section 1834(z)''. SEC. 202. MEDICARE PART D REBATE BY MANUFACTURERS. (a) In General.--Part D of title XVIII of the Social Security Act is amended by inserting after section 1860D-14A (42 U.S.C. 1395w-114a) the following new section: ``SEC. 1860D-14B. MANUFACTURER REBATE FOR CERTAIN DRUGS WITH PRICES INCREASING FASTER THAN INFLATION. ``(a) In General.-- ``(1) In general.--Subject to the provisions of this section, in order for coverage to be available under this part for a part D rebatable drug (as defined in subsection (h)(1)) of a manufacturer (as defined in section 1927(k)(5)) dispensed during an applicable year, the manufacturer must have entered into and have in effect an agreement described in subsection (b). ``(2) Authorizing coverage for drugs not covered under agreements.--Paragraph (1) shall not apply to the dispensing of a covered part D drug if-- ``(A) the Secretary has made a determination that the availability of the drug is essential to the health of beneficiaries under this part; or ``(B) the Secretary determines that in the period beginning on January 1, 2023, and ending on December 31, 2023, there were extenuating circumstances. ``(3) Applicable year.--For purposes of this section the term `applicable year' means a year beginning with 2023. ``(b) Agreements.-- ``(1) Terms of agreement.--An agreement described in this subsection, with respect to a manufacturer of a part D rebatable drug, is an agreement under which the following shall apply: ``(A) Secretarial provision of information.--Not later than 9 months after the end of each applicable year with respect to which the agreement is in effect, the Secretary, for each part D rebatable drug of the manufacturer, shall report to the manufacturer the following for such year: ``(i) Information on the total number of units (as defined in subsection (h)(2)) for each dosage form and strength with respect to such part D rebatable drug and year. ``(ii) Information on the amount (if any) of the excess average manufacturer price increase described in subsection (c)(1)(B) for each dosage form and strength with respect to such drug and year. ``(iii) The rebate amount specified under subsection (c) for each dosage form and strength with respect to such drug and year. ``(B) Manufacturer requirements.--For each applicable year with respect to which the agreement is in effect, the manufacturer of the part D rebatable drug, for each dosage form and strength with respect to such drug, not later than 30 days after the date of receipt from the Secretary of the information described in subparagraph (A) for such year, shall provide to the Secretary a rebate that is equal to the amount specified in subsection (c) for such dosage form and strength with respect to such drug for such year. ``(2) Length of agreement.-- ``(A) In general.--An agreement under this section, with respect to a part D rebatable drug, shall be effective for an initial period of not less than one year and shall be automatically renewed for a period of not less than one year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By secretary.--The Secretary may provide for termination of an agreement under this section for violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, but such hearing shall not delay the effective date of the termination. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of the plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of the plan year, as of the day after the end of the succeeding plan year. ``(C) Effectiveness of termination.--Any termination under this paragraph shall not affect rebates due under the agreement under this section before the effective date of its termination. ``(D) Delay before reentry.--In the case of any agreement under this section with a manufacturer that is terminated in a plan year, the Secretary may not enter into another such agreement with the manufacturer (or a successor manufacturer) before the subsequent plan year, unless the Secretary finds good cause for an earlier reinstatement of such an agreement. ``(c) Rebate Amount.-- ``(1) In general.--For purposes of this section, the amount specified in this subsection for a dosage form and strength with respect to a part D rebatable drug and applicable year is, subject to subparagraphs (B) and (C) of paragraph (5), the amount equal to the product of-- ``(A) the total number of units of such dosage form and strength with respect to such part D rebatable drug and year; and ``(B) the amount (if any) by which-- ``(i) the annual manufacturer price (as determined in paragraph (2)) paid for such dosage form and strength with respect to such part D rebatable drug for the year; exceeds ``(ii) the inflation-adjusted payment amount determined under paragraph (3) for such dosage form and strength with respect to such part D rebatable drug for the year. ``(2) Determination of annual manufacturer price.--The annual manufacturer price determined under this paragraph for a dosage form and strength, with respect to a part D rebatable drug and an applicable year, is the sum of the products of-- ``(A) the average manufacturer price (as defined in subsection (h)(6)) of such dosage form and strength, as calculated for a unit of such drug, with respect to each of the calendar quarters of such year; and ``(B) the ratio of-- ``(i) the total number of units of such dosage form and strength dispensed during each such calendar quarter of such year; to ``(ii) the total number of units of such dosage form and strength dispensed during such year. ``(3) Determination of inflation-adjusted payment amount.-- The inflation-adjusted payment amount determined under this paragraph for a dosage form and strength with respect to a part D rebatable drug for an applicable year, subject to subparagraphs (A) and (D) of paragraph (5), is-- ``(A) the benchmark year manufacturer price determined under paragraph (4) for such dosage form and strength with respect to such drug and an applicable year; increased by ``(B) the percentage by which the applicable year CPI-U (as defined in subsection (h)(5)) for the applicable year exceeds the benchmark period CPI-U (as defined in subsection (h)(4)). ``(4) Determination of benchmark year manufacturer price.-- The benchmark year manufacturer price determined under this paragraph for a dosage form and strength, with respect to a part D rebatable drug and an applicable year, is the sum of the products of-- ``(A) the average manufacturer price (as defined in subsection (h)(6)) of such dosage form and strength, as calculated for a unit of such drug, with respect to each of the calendar quarters of the payment amount benchmark year (as defined in subsection (h)(3)); and ``(B) the ratio of-- ``(i) the total number of units of such dosage form and strength dispensed during each such calendar quarter of such payment amount benchmark year; to ``(ii) the total number of units of such dosage form and strength dispensed during such payment amount benchmark year. ``(5) Special treatment of certain drugs and exemption.-- ``(A) Subsequently approved drugs.--In the case of a part D rebatable drug first approved or licensed by the Food and Drug Administration after January 1, 2016, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (h)(3) as the first calendar year beginning after the day on which the drug was first marketed by any manufacturer and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (h)(4) as if the reference to `January 2016' under such subsection were a reference to `January of the first year beginning after the date on which the drug was first marketed by any manufacturer'. ``(B) Exemption for shortages.--The Secretary may reduce or waive the rebate under paragraph (1) with respect to a part D rebatable drug that is described as currently in shortage on the shortage list in effect under section 506E of the Federal Food, Drug, and Cosmetic Act or in the case of other exigent circumstances, as determined by the Secretary. ``(C) Treatment of new formulations.-- ``(i) In general.--In the case of a part D rebatable drug that is a line extension of a part D rebatable drug that is an oral solid dosage form, the Secretary shall establish a formula for determining the amount specified in this subsection with respect to such part D rebatable drug and an applicable year with consideration of the original part D rebatable drug. ``(ii) Line extension defined.--In this subparagraph, the term `line extension' means, with respect to a part D rebatable drug, a new formulation of the drug (as determined by the Secretary), such as an extended release formulation, but does not include an abuse- deterrent formulation of the drug (as determined by the Secretary), regardless of whether such abuse-deterrent formulation is an extended release formulation. ``(D) Selected drugs.--In the case of a part D rebatable drug that is a selected drug (as defined in section 1192(c)) for a price applicability period (as defined in section 1191(b)(2))-- ``(i) for plan years during such period for which a maximum fair price (as defined in section 1191(c)(2)) for such drug has been determined and is applied under part E of title XI, the rebate under subsection (b)(1)(B) shall be waived; and ``(ii) in the case such drug is determined (pursuant to such section 1192(c)) to no longer be a selected drug, for each applicable year beginning after the price applicability period with respect to such drug, subparagraphs (A) and (B) of paragraph (4) shall be applied as if the term `payment amount benchmark year' were defined under subsection (h)(3) as the last year beginning during such price applicability period with respect to such selected drug and subparagraph (B) of paragraph (3) shall be applied as if the term `benchmark period CPI-U' were defined under subsection (h)(4) as if the reference to `January 2016' under such subsection were a reference to January of the last year beginning during such price applicability period with respect to such drug. ``(d) Rebate Deposits.--Amounts paid as rebates under subsection (c) shall be deposited into the Medicare Prescription Drug Account in the Federal Supplementary Medical Insurance Trust Fund established under section 1841. ``(e) Information.--For purposes of carrying out this section, the Secretary shall use information submitted by manufacturers under section 1927(b)(3). ``(f) Civil Money Penalty.--In the case of a manufacturer of a part D rebatable drug with an agreement in effect under this section who has failed to comply with the terms of the agreement under subsection (b)(1)(B) with respect to such drug for an applicable year, the Secretary may impose a civil money penalty on such manufacturer in an amount equal to 125 percent of the amount specified in subsection (c) for such drug for such year. The provisions of section 1128A (other than subsections (a) (with respect to amounts of penalties or additional assessments) and (b)) shall apply to a civil money penalty under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(g) Judicial Review.--There shall be no judicial review of the following: ``(1) The determination of units under this section. ``(2) The determination of whether a drug is a part D rebatable drug under this section. ``(3) The calculation of the rebate amount under this section. ``(h) Definitions.--In this section: ``(1) Part d rebatable drug defined.-- ``(A) In general.--The term `part D rebatable drug' means a drug or biological that would (without application of this section) be a covered part D drug, except such term shall, with respect to an applicable year, not include such a drug or biological if the average annual total cost under this part for such year per individual who uses such a drug or biological, as determined by the Secretary, is less than, subject to subparagraph (B), $100, as determined by the Secretary using the most recent data available or, if data is not available, as estimated by the Secretary. ``(B) Increase.--The dollar amount applied under subparagraph (A)-- ``(i) for 2024, shall be the dollar amount specified under such subparagraph for 2023, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period beginning with January of 2023; and ``(ii) for a subsequent year, shall be the dollar amount specified in this subparagraph for the previous year, increased by the percentage increase in the consumer price index for all urban consumers (United States city average) for the 12-month period beginning with January of the previous year. Any dollar amount specified under this subparagraph that is not a multiple of $10 shall be rounded to the nearest multiple of $10. ``(2) Unit defined.--The term `unit' means, with respect to a part D rebatable drug, the lowest identifiable quantity (such as a capsule or tablet, milligram of molecules, or grams) of the part D rebatable drug that is dispensed to individuals under this part. ``(3) Payment amount benchmark year.--The term `payment amount benchmark year' means the year beginning January 1, 2016. ``(4) Benchmark period cpi-u.--The term `benchmark period CPI-U' means the consumer price index for all urban consumers (United States city average) for January 2016. ``(5) Applicable year cpi-u.--The term `applicable year CPI-U' means, with respect to an applicable year, the consumer price index for all urban consumers (United States city average) for January of such year. ``(6) Average manufacturer price.--The term `average manufacturer price' has the meaning, with respect to a part D rebatable drug of a manufacturer, given such term in section 1927(k)(1), with respect to a covered outpatient drug of a manufacturer for a rebate period under section 1927.''. (b) Conforming Amendments.-- (1) To part b asp calculation.--Section 1847A(c)(3) of the Social Security Act (42 U.S.C. 1395w-3a(c)(3)), as amended by section 201(c)(1), is further amended by striking ``section 1927 or section 1834(z)'' and inserting ``section 1927, section 1834(z), or section 1860D-14B''. (2) Excluding part d drug inflation rebate from best price.--Section 1927(c)(1)(C)(ii)(I) of the Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)(ii)(I)), as amended by section 201(c)(2), is further amended by striking ``or section 1834(z)'' and inserting ``, section 1834(z), or section 1860D- 14B''. (3) Coordination with medicaid rebate information disclosure.--Section 1927(b)(3)(D)(i) of the Social Security Act (42 U.S.C. 1396r-8(b)(3)(D)(i)), as amended by section 201(c)(3), is further amended by striking ``or section 1834(z)'' and inserting ``, section 1834(z), or section 1860D- 14B''. SEC. 203. PROVISION REGARDING INFLATION REBATES FOR GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE COVERAGE. (a) In General.--Not later than December 31, 2023, the Secretary of Labor, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, shall submit to Congress a report on-- (1) potential models for an agreement process with manufacturers of prescription drugs under which such manufacturers provide for inflation rebates with respect to such drugs that are furnished or dispensed to participants and beneficiaries of group health plans and health insurance coverage offered in the group market in a manner similar to how manufacturers provide for rebates under section 1834(z) of the Social Security Act, as added by section 201, and section 1860D-14B of such Act, as added by section 202, with respect to prescription drugs that are furnished or dispensed under part B of title XVIII of such Act and part D of such title, respectively; and (2) potential models for enforcement mechanisms with respect to such an agreement process that ensure that such inflation rebates are proportionally distributed, with respect to costs, to group health plans and health insurance issuers offering health insurance coverage in the group market, to participants and beneficiaries of such plans and coverage, or to both. (b) Regulations.--Not later than December 31, 2024, the Secretary of Labor shall, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, promulgate regulations to implement a model described in subsection (a)(1) and a model described in subsection (a)(2), if the Secretary determines that-- (1) the prices of a sufficient number (as determined by the Secretary) of drugs described in subsection (a)(1) have increased over a period of time (as determined by the Secretary) at a percentage that exceeds the percentage by which the consumer price index for all urban consumers (United States city average) has increased over such period; and (2) such model described in subsection (a)(1) and such model described in subsection (a)(2) are feasible. SEC. 204. ANNUAL REPORT ON DRUG COSTS IN GROUP HEALTH PLANS AND GROUP HEALTH INSURANCE COVERAGE. (a) Initial Report.--Not later than December 31, 2023, the Secretary of Labor shall, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, submit to Congress a report, with respect to a period (as determined by the Secretary of Labor), on-- (1) whether the prices of prescription drugs that are furnished or dispensed to participants and beneficiaries of group health plans and health insurance coverage offered in the group market during such period have increased at a percentage that exceeds the percentage by which the consumer price index for all urban consumers (United States city average) increased for such period; and (2) whether there are mechanisms by which manufacturers of prescription drugs have attempted to recover rebate payments required of such manufacturers under section 1834(z) of the Social Security Act, as added by section 201, and section 1860D-14B of such Act, as added by section 202, with respect to prescription drugs that are furnished or dispensed under part B of title XVIII of such Act and part D of such title, respectively, through increased prices charged with respect to drugs that are furnished or dispensed to participants and beneficiaries of group health plans and health insurance coverage offered in the group market during such period. (b) Annual Report.--Not later than December 31 of each year following 2023, the Secretary of Labor shall, in consultation with the Secretary of Health and Human Services and the Secretary of the Treasury, submit to Congress a report updating the information and analysis included in the report required under subsection (a), reflecting, in part, new price and cost information and data for the 12-month period after the period on which the prior year's report was based. SEC. 205. COLLECTION OF DATA. (a) Manufacturers of Prescription Drugs.--Manufacturers of prescription drugs shall submit to the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury appropriate data as necessary for the Secretaries to obtain information needed to provide the reports under sections 203 and 204. (b) Group Health Plans and Health Insurance Issuers Offering Health Insurance Coverage in the Group Market.--Group health plans and health insurance issuers offering health insurance coverage in the group market shall submit to the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury appropriate data as necessary for the Secretaries to obtain information needed to provide the reports under sections 203 and 204. TITLE III--PART D IMPROVEMENTS AND MAXIMUM OUT-OF-POCKET CAP FOR MEDICARE BENEFICIARIES SEC. 301. MEDICARE PART D BENEFIT REDESIGN. (a) Benefit Structure Redesign.--Section 1860D-2(b) of the Social Security Act (42 U.S.C. 1395w-102(b)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A), in the matter preceding clause (i), by inserting ``for a year preceding 2024 and for costs above the annual deductible specified in paragraph (1) and up to the annual out-of-pocket threshold specified in paragraph (4)(B) for 2024 and each subsequent year'' after ``paragraph (3)''; (B) in subparagraph (C)-- (i) in clause (i), in the matter preceding subclause (I), by inserting ``for a year preceding 2024,'' after ``paragraph (4),''; and (ii) in clause (ii)(III), by striking ``and each subsequent year'' and inserting ``through 2023''; and (C) in subparagraph (D)-- (i) in clause (i)-- (I) in the matter preceding subclause (I), by inserting ``for a year preceding 2024,'' after ``paragraph (4),''; and (II) in subclause (I)(bb), by striking ``a year after 2018'' and inserting ``each of years 2018 through 2023''; and (ii) in clause (ii)(V), by striking ``2019 and each subsequent year'' and inserting ``each of years 2019 through 2023''; (2) in paragraph (3)(A)-- (A) in the matter preceding clause (i), by inserting ``for a year preceding 2024,'' after ``and (4),''; and (B) in clause (ii), by striking ``for a subsequent year'' and inserting ``for each of years 2007 through 2023''; and (3) in paragraph (4)-- (A) in subparagraph (A)-- (i) in clause (i)-- (I) by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and moving the margin of each such redesignated item 2 ems to the right; (II) in the matter preceding item (aa), as redesignated by subclause (I), by striking ``is equal to the greater of--'' and inserting ``is equal to-- ``(I) for a year preceding 2024, the greater of--''; (III) by striking the period at the end of item (bb), as redesignated by subclause (I), and inserting ``; and''; and (IV) by adding at the end the following: ``(II) for 2024 and each succeeding year, $0.''; and (ii) in clause (ii), by striking ``clause (i)(I)'' and inserting ``clause (i)(I)(aa)''; (B) in subparagraph (B)-- (i) in clause (i)-- (I) in subclause (V), by striking ``or'' at the end; (II) in subclause (VI)-- (aa) by striking ``for a subsequent year'' and inserting ``for each of years 2021 through 2023''; and (bb) by striking the period at the end and inserting a semicolon; and (III) by adding at the end the following new subclauses: ``(VII) for 2024, is equal to $2,000; or ``(VIII) for a subsequent year, is equal to the amount specified in this subparagraph for the previous year, increased by the annual percentage increase described in paragraph (6) for the year involved.''; and (ii) in clause (ii), by striking ``clause (i)(II)'' and inserting ``clause (i)''; (C) in subparagraph (C)(i), by striking ``and for amounts'' and inserting ``and, for a year preceding 2024, for amounts''; and (D) in subparagraph (E), by striking ``In applying'' and inserting ``For each of years 2011 through 2023, in applying''. (b) Decreasing Reinsurance Payment Amount.--Section 1860D-15(b)(1) of the Social Security Act (42 U.S.C. 1395w-115(b)(1)) is amended by inserting after ``80 percent'' the following: ``(or, with respect to a coverage year after 2023, 20 percent)''. (c) Manufacturer Discount Program.-- (1) In general.--Part D of title XVIII of the Social Security Act (42 U.S.C. 1395w-101 et seq.), as amended by section 202, is further amended by inserting after section 1860D-14B the following new section: ``SEC. 1860D-14C. MANUFACTURER DISCOUNT PROGRAM. ``(a) Establishment.--The Secretary shall establish a manufacturer discount program (in this section referred to as the `program'). Under the program, the Secretary shall enter into agreements described in subsection (b) with manufacturers and provide for the performance of the duties described in subsection (c). The Secretary shall establish a model agreement for use under the program by not later than January 1, 2023, in consultation with manufacturers, and allow for comment on such model agreement. ``(b) Terms of Agreement.-- ``(1) In general.-- ``(A) Agreement.--An agreement under this section shall require the manufacturer to provide applicable beneficiaries access to discounted prices for applicable drugs of the manufacturer that are dispensed on or after January 1, 2024. ``(B) Provision of discounted prices at the point- of-sale.--The discounted prices described in subparagraph (A) shall be provided to the applicable beneficiary at the pharmacy or by the mail order service at the point-of-sale of an applicable drug. ``(C) Timing of agreement.-- ``(i) Special rule for 2024.--In order for an agreement with a manufacturer to be in effect under this section with respect to the period beginning on January 1, 2024, and ending on December 31, 2024, the manufacturer shall enter into such agreement not later than 30 days after the date of the establishment of a model agreement under subsection (a). ``(ii) 2025 and subsequent years.--In order for an agreement with a manufacturer to be in effect under this section with respect to plan year 2025 or a subsequent plan year, the manufacturer shall enter into such agreement (or such agreement shall be renewed under paragraph (4)(A)) not later than January 30 of the preceding year. ``(2) Provision of appropriate data.--Each manufacturer with an agreement in effect under this section shall collect and have available appropriate data, as determined by the Secretary, to ensure that it can demonstrate to the Secretary compliance with the requirements under the program. ``(3) Compliance with requirements for administration of program.--Each manufacturer with an agreement in effect under this section shall comply with requirements imposed by the Secretary or a third party with a contract under subsection (d)(3), as applicable, for purposes of administering the program, including any determination under subparagraph (A) of subsection (c)(1) or procedures established under such subsection (c)(1). ``(4) Length of agreement.-- ``(A) In general.--An agreement under this section shall be effective for an initial period of not less than 12 months and shall be automatically renewed for a period of not less than 1 year unless terminated under subparagraph (B). ``(B) Termination.-- ``(i) By the secretary.--The Secretary may provide for termination of an agreement under this section for a knowing and willful violation of the requirements of the agreement or other good cause shown. Such termination shall not be effective earlier than 30 days after the date of notice to the manufacturer of such termination. The Secretary shall provide, upon request, a manufacturer with a hearing concerning such a termination, and such hearing shall take place prior to the effective date of the termination with sufficient time for such effective date to be repealed if the Secretary determines appropriate. ``(ii) By a manufacturer.--A manufacturer may terminate an agreement under this section for any reason. Any such termination shall be effective, with respect to a plan year-- ``(I) if the termination occurs before January 30 of a plan year, as of the day after the end of the plan year; and ``(II) if the termination occurs on or after January 30 of a plan year, as of the day after the end of the succeeding plan year. ``(iii) Effectiveness of termination.--Any termination under this subparagraph shall not affect discounts for applicable drugs of the manufacturer that are due under the agreement before the effective date of its termination. ``(iv) Notice to third party.--The Secretary shall provide notice of such termination to a third party with a contract under subsection (d)(3) within not less than 30 days before the effective date of such termination. ``(c) Duties Described.--The duties described in this subsection are the following: ``(1) Administration of program.--Administering the program, including-- ``(A) the determination of the amount of the discounted price of an applicable drug of a manufacturer; ``(B) the establishment of procedures under which discounted prices are provided to applicable beneficiaries at pharmacies or by mail order service at the point-of-sale of an applicable drug; ``(C) the establishment of procedures to ensure that, not later than the applicable number of calendar days after the dispensing of an applicable drug by a pharmacy or mail order service, the pharmacy or mail order service is reimbursed for an amount equal to the difference between-- ``(i) the negotiated price of the applicable drug; and ``(ii) the discounted price of the applicable drug; ``(D) the establishment of procedures to ensure that the discounted price for an applicable drug under this section is applied before any coverage or financial assistance under other health benefit plans or programs that provide coverage or financial assistance for the purchase or provision of prescription drug coverage on behalf of applicable beneficiaries as the Secretary may specify; and ``(E) providing a reasonable dispute resolution mechanism to resolve disagreements between manufacturers, applicable beneficiaries, and the third party with a contract under subsection (d)(3). ``(2) Monitoring compliance.-- ``(A) In general.--The Secretary shall monitor compliance by a manufacturer with the terms of an agreement under this section. ``(B) Notification.--If a third party with a contract under subsection (d)(3) determines that the manufacturer is not in compliance with such agreement, the third party shall notify the Secretary of such noncompliance for appropriate enforcement under subsection (e). ``(3) Collection of data from prescription drug plans and ma-pd plans.--The Secretary may collect appropriate data from prescription drug plans and MA-PD plans in a timeframe that allows for discounted prices to be provided for applicable drugs under this section. ``(d) Administration.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall provide for the implementation of this section, including the performance of the duties described in subsection (c). ``(2) Limitation.--In providing for the implementation of this section, the Secretary shall not receive or distribute any funds of a manufacturer under the program. ``(3) Contract with third parties.--The Secretary shall enter into a contract with 1 or more third parties to administer the requirements established by the Secretary in order to carry out this section. At a minimum, the contract with a third party under the preceding sentence shall require that the third party-- ``(A) receive and transmit information between the Secretary, manufacturers, and other individuals or entities the Secretary determines appropriate; ``(B) receive, distribute, or facilitate the distribution of funds of manufacturers to appropriate individuals or entities in order to meet the obligations of manufacturers under agreements under this section; ``(C) provide adequate and timely information to manufacturers, consistent with the agreement with the manufacturer under this section, as necessary for the manufacturer to fulfill its obligations under this section; and ``(D) permit manufacturers to conduct periodic audits, directly or through contracts, of the data and information used by the third party to determine discounts for applicable drugs of the manufacturer under the program. ``(4) Performance requirements.--The Secretary shall establish performance requirements for a third party with a contract under paragraph (3) and safeguards to protect the independence and integrity of the activities carried out by the third party under the program under this section. ``(5) Implementation.--Notwithstanding any other provision of law, the Secretary may implement the program under this section by program instruction or otherwise. ``(6) Administration.--Chapter 35 of title 44, United States Code, shall not apply to the program under this section. ``(e) Enforcement.-- ``(1) Audits.--Each manufacturer with an agreement in effect under this section shall be subject to periodic audit by the Secretary. ``(2) Civil money penalty.-- ``(A) In general.--The Secretary may impose a civil money penalty on a manufacturer that fails to provide applicable beneficiaries discounts for applicable drugs of the manufacturer in accordance with such agreement for each such failure in an amount the Secretary determines is equal to the sum of-- ``(i) the amount that the manufacturer would have paid with respect to such discounts under the agreement, which will then be used to pay the discounts which the manufacturer had failed to provide; and ``(ii) 25 percent of such amount. ``(B) Application.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). ``(f) Clarification Regarding Availability of Other Covered Part D Drugs.--Nothing in this section shall prevent an applicable beneficiary from purchasing a covered part D drug that is not an applicable drug (including a generic drug or a drug that is not on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in). ``(g) Definitions.--In this section: ``(1) Applicable beneficiary.--The term `applicable beneficiary' means an individual who, on the date of dispensing a covered part D drug-- ``(A) is enrolled in a prescription drug plan or an MA-PD plan; ``(B) is not enrolled in a qualified retiree prescription drug plan; and ``(C) has incurred costs, as determined in accordance with section 1860D-2(b)(4)(C), for covered part D drugs in the year that exceed the annual deductible with respect to such individual for such year, as specified in section 1860D-2(b)(1), section 1860D-14(a)(1)(B), or section 1860D-14(a)(2)(B), as applicable. ``(2) Applicable drug.--The term `applicable drug', with respect to an applicable beneficiary-- ``(A) means a covered part D drug-- ``(i) approved under a new drug application under section 505(c) of the Federal Food, Drug, and Cosmetic Act or, in the case of a biologic product, licensed under section 351 of the Public Health Service Act; and ``(ii)(I) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan uses a formulary, which is on the formulary of the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; ``(II) if the PDP sponsor of the prescription drug plan or the MA organization offering the MA-PD plan does not use a formulary, for which benefits are available under the prescription drug plan or MA-PD plan that the applicable beneficiary is enrolled in; or ``(III) is provided through an exception or appeal; and ``(B) does not include a selected drug (as defined in section 1192(c)) during a price applicability period (as defined in section 1191(b)(2)) with respect to such drug. ``(3) Applicable number of calendar days.--The term `applicable number of calendar days' means-- ``(A) with respect to claims for reimbursement submitted electronically, 14 days; and ``(B) with respect to claims for reimbursement submitted otherwise, 30 days. ``(4) Discounted price.-- ``(A) In general.--The term `discounted price' means, with respect to an applicable drug of a manufacturer dispensed during a year to an applicable beneficiary-- ``(i) who has not incurred costs, as determined in accordance with section 1860D- 2(b)(4)(C), for covered part D drugs in the year that are equal to or exceed the annual out-of-pocket threshold specified in section 1860D-2(b)(4)(B)(i) for the year, 90 percent of the negotiated price of such drug; and ``(ii) who has incurred such costs, as so determined, in the year that are equal to or exceed such threshold for the year, 70 percent of the negotiated price of such drug. ``(B) Clarification.--Nothing in this section shall be construed as affecting the responsibility of an applicable beneficiary for payment of a dispensing fee for an applicable drug. ``(C) Special case for certain claims.-- ``(i) Claims spanning deductible.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall above the annual deductible specified in section 1860D-2(b)(1) for the year, the manufacturer of the applicable drug shall provide the discounted price under this section on only the portion of the negotiated price of the applicable drug that falls above such annual deductible. ``(ii) Claims spanning out-of-pocket threshold.--In the case where the entire amount of the negotiated price of an individual claim for an applicable drug with respect to an applicable beneficiary does not fall entirely below or entirely above the annual out-of- pocket threshold specified in section 1860D- 2(b)(4)(B)(i) for the year, the manufacturer of the applicable drug shall provide the discounted price-- ``(I) in accordance with subparagraph (A)(i) on the portion of the negotiated price of the applicable drug that falls below such threshold; and ``(II) in accordance with subparagraph (A)(ii) on the portion of such price of such drug that falls at or above such threshold. ``(5) Manufacturer.--The term `manufacturer' means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drug products, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. Such term does not include a wholesale distributor of drugs or a retail pharmacy licensed under State law. ``(6) Negotiated price.--The term `negotiated price' has the meaning given such term in section 423.100 of title 42, Code of Federal Regulations (or any successor regulation), except that, with respect to an applicable drug, such negotiated price shall not include any dispensing fee for the applicable drug. ``(7) Qualified retiree prescription drug plan.--The term `qualified retiree prescription drug plan' has the meaning given such term in section 1860D-22(a)(2).''. (2) Sunset of medicare coverage gap discount program.-- Section 1860D-14A of the Social Security Act (42 U.S.C. 1395- 114a) is amended-- (A) in subsection (a), in the first sentence, by striking ``The Secretary'' and inserting ``Subject to subsection (h), the Secretary''; and (B) by adding at the end the following new subsection: ``(h) Sunset of Program.-- ``(1) In general.--The program shall not apply with respect to applicable drugs dispensed on or after January 1, 2024, and, subject to paragraph (2), agreements under this section shall be terminated as of such date. ``(2) Continued application for applicable drugs dispensed prior to sunset.--The provisions of this section (including all responsibilities and duties) shall continue to apply after January 1, 2024, with respect to applicable drugs dispensed prior to such date.''. (3) Inclusion of actuarial value of manufacturer discounts in bids.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended-- (A) in subsection (b)(2)(C)(iii)-- (i) by striking ``assumptions regarding the reinsurance'' and inserting ``assumptions regarding-- ``(I) the reinsurance''; and (ii) by adding at the end the following: ``(II) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14C subtracted from the actuarial value to produce such bid; and''; and (B) in subsection (c)(1)(C)-- (i) by striking ``an actuarial valuation of the reinsurance'' and inserting ``an actuarial valuation of-- ``(i) the reinsurance''; (ii) in clause (i), as inserted by clause (i) of this subparagraph, by adding ``and'' at the end; and (iii) by adding at the end the following: ``(ii) for 2024 and each subsequent year, the manufacturer discounts provided under section 1860D-14C;''. (d) Conforming Amendments.-- (1) Section 1860D-2 of the Social Security Act (42 U.S.C. 1395w-102) is amended-- (A) in subsection (a)(2)(A)(i)(I), by striking ``, or an increase in the initial'' and inserting ``or, for a year preceding 2024, an increase in the initial''; (B) in subsection (c)(1)(C)-- (i) in the subparagraph heading, by striking ``at initial coverage limit''; and (ii) by inserting ``for a year preceding 2024 or the annual out-of-pocket threshold specified in subsection (b)(4)(B) for the year for 2024 and each subsequent year'' after ``subsection (b)(3) for the year'' each place it appears; and (C) in subsection (d)(1)(A), by striking ``or an initial'' and inserting ``or, for a year preceding 2024, an initial''. (2) Section 1860D-4(a)(4)(B)(i) of the Social Security Act (42 U.S.C. 1395w-104(a)(4)(B)(i)) is amended by striking ``the initial'' and inserting ``for a year preceding 2024, the initial''. (3) Section 1860D-14(a) of the Social Security Act (42 U.S.C. 1395w-114(a)) is amended-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; (ii) in subparagraph (D)(iii), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''; and (iii) in subparagraph (E), by striking ``The elimination'' and inserting ``For a year preceding 2024, the elimination''; and (B) in paragraph (2)-- (i) in subparagraph (C), by striking ``The continuation'' and inserting ``For a year preceding 2024, the continuation''; and (ii) in subparagraph (E), by striking ``1860D-2(b)(4)(A)(i)(I)'' and inserting ``1860D-2(b)(4)(A)(i)(I)(aa)''. (4) Section 1860D-21(d)(7) of the Social Security Act (42 U.S.C. 1395w-131(d)(7)) is amended by striking ``section 1860D- 2(b)(4)(B)(i)'' and inserting ``section 1860D-2(b)(4)(C)(i)''. (5) Section 1860D-22(a)(2)(A) of the Social Security Act (42 U.S.C. 1395w-132(a)(2)(A)) is amended-- (A) by striking ``the value of any discount'' and inserting the following: ``the value of-- ``(i) for years prior to 2024, any discount''; (B) in clause (i), as inserted by subparagraph (A) of this paragraph, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new clause: ``(ii) for 2024 and each subsequent year, any discount provided pursuant to section 1860D-14C.''. (6) Section 1860D-41(a)(6) of the Social Security Act (42 U.S.C. 1395w-151(a)(6)) is amended-- (A) by inserting ``for a year before 2024'' after ``1860D-2(b)(3)''; and (B) by inserting ``for such year'' before the period. (7) Section 1860D-43 of the Social Security Act (42 U.S.C. 1395w-153) is amended-- (A) in subsection (a)-- (i) by striking paragraph (1) and inserting the following: ``(1) participate in-- ``(A) for 2011 through 2023, the Medicare coverage gap discount program under section 1860D-14A; and ``(B) for 2024 and each subsequent year, the manufacturer discount program under section 1860D- 14C;''; (ii) by striking paragraph (2) and inserting the following: ``(2) have entered into and have in effect-- ``(A) for 2011 through 2023, an agreement described in subsection (b) of section 1860D-14A with the Secretary; and ``(B) for 2024 and each subsequent year, an agreement described in subsection (b) of section 1860D- 14C with the Secretary; and''; and (iii) by striking paragraph (3) and inserting the following: ``(3) have entered into and have in effect, under terms and conditions specified by the Secretary-- ``(A) for 2011 through 2023, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of section 1860D- 14A; and ``(B) for 2024 and each subsequent year, a contract with a third party that the Secretary has entered into a contract with under subsection (d)(3) of section 1860D-14C.''; and (B) by striking subsection (b) and inserting the following: ``(b) Effective Date.--Paragraphs (1)(A), (2)(A), and (3)(A) of subsection (a) shall apply to covered part D drugs dispensed under this part on or after January 1, 2011, and before January 1, 2024, and paragraphs (1)(B), (2)(B), and (3)(B) of such subsection shall apply to covered part D drugs dispensed under this part on or after January 1, 2024.''. (8) Section 1927 of the Social Security Act (42 U.S.C. 1396r-8) is amended-- (A) in subsection (c)(1)(C)(i)(VI), by inserting before the period at the end the following: ``or under the manufacturer discount program under section 1860D- 14C''; and (B) in subsection (k)(1)(B)(i)(V), by inserting before the period at the end the following: ``or under section 1860D-14C''. (e) Effective Date.--The amendments made by this section shall apply with respect to plan year 2024 and subsequent plan years. SEC. 302. ALLOWING CERTAIN ENROLLEES OF PRESCRIPTION DRUG PLANS AND MA- PD PLANS UNDER MEDICARE PROGRAM TO SPREAD OUT COST- SHARING UNDER CERTAIN CIRCUMSTANCES. Section 1860D-2(b)(2) of the Social Security Act (42 U.S.C. 1395w- 102(b)(2)), as amended by section 301, is further amended-- (1) in subparagraph (A), by striking ``Subject to subparagraphs (C) and (D)'' and inserting ``Subject to subparagraphs (C), (D), and (E)''; and (2) by adding at the end the following new subparagraph: ``(E) Enrollee option regarding spreading cost- sharing.--The Secretary shall establish by regulation a process under which, with respect to plan year 2024 and subsequent plan years, a prescription drug plan or an MA-PD plan shall, in the case of a part D eligible individual enrolled with such plan for such plan year who is not a subsidy eligible individual (as defined in section 1860D-14(a)(3)) and with respect to whom the plan projects that the dispensing of the first fill of a covered part D drug to such individual will result in the individual incurring costs that are equal to or above the annual out-of-pocket threshold specified in paragraph (4)(B) for such plan year, provide such individual with the option to make the coinsurance payment required under subparagraph (A) (for the portion of such costs that are not above such annual out-of-pocket threshold) in the form of periodic installments over the remainder of such plan year.''. SEC. 303. ESTABLISHMENT OF PHARMACY QUALITY MEASURES UNDER MEDICARE PART D. Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w- 104(c)) is amended-- (1) by redesignating the paragraph (6), as added by section 50354 of division E of the Bipartisan Budget Act of 2018 (Public Law 115-123), as paragraph (7); and (2) by adding at the end the following new paragraph: ``(8) Application of pharmacy quality measures.-- ``(A) In general.--A PDP sponsor that implements incentive payments to a pharmacy or price concessions paid by a pharmacy based on quality measures shall use measures established or approved by the Secretary under subparagraph (B) with respect to payment for covered part D drugs dispensed by such pharmacy. ``(B) Standard pharmacy quality measures.--The Secretary shall establish or approve standard quality measures from a consensus and evidence-based organization for payments described in subparagraph (A). Such measures shall focus on patient health outcomes and be based on proven criteria measuring pharmacy performance. ``(C) Effective date.--The requirement under subparagraph (A) shall take effect for plan years beginning on or after January 1, 2024, or such earlier date specified by the Secretary if the Secretary determines there are sufficient measures established or approved under subparagraph (B) to meet the requirement under subparagraph (A).''. TITLE IV--DRUG PRICE TRANSPARENCY SEC. 401. DRUG PRICE TRANSPARENCY. Part A of title XI of the Social Security Act is amended by adding at the end the following new sections: ``SEC. 1150D. REPORTING ON DRUG PRICES. ``(a) Definitions.--In this section: ``(1) Manufacturer.--The term `manufacturer' means the person-- ``(A) that holds the application for a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act; or ``(B) who is responsible for setting the wholesale acquisition cost for the drug. ``(2) Qualifying drug.--The term `qualifying drug' means any drug that is approved under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under subsection (a) or (k) of section 351 of the Public Health Service Act-- ``(A) that has a wholesale acquisition cost of $100 or more, adjusted for inflation occurring after the date of enactment of this section, for a month's supply or a typical course of treatment that lasts less than a month, and is-- ``(i) subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act; and ``(ii) not a preventative vaccine; and ``(B) for which, during the previous calendar year, at least 1 dollar of the total amount of sales were for individuals enrolled under the Medicare program under title XVIII or under a State Medicaid plan under title XIX or under a waiver of such plan. ``(3) Wholesale acquisition cost.--The term `wholesale acquisition cost' has the meaning given that term in section 1847A(c)(6)(B). ``(b) Report.-- ``(1) Report required.--The manufacturer of a qualifying drug shall submit a report to the Secretary if, with respect to the qualifying drug-- ``(A) there is an increase in the price of the qualifying drug that results in an increase in the wholesale acquisition cost of that drug that is equal to-- ``(i) 10 percent or more within a 12-month period beginning on or after January 1, 2021; or ``(ii) 25 percent or more within a 36-month period beginning on or after January 1, 2021; ``(B) the estimated price of the qualifying drug or spending per individual or per user of such drug (as estimated by the Secretary) for the applicable year (or per course of treatment in such applicable year as determined by the Secretary) is at least $26,000 beginning on or after January 1, 2023; or ``(C) there was an increase in the price of the qualifying drug that resulted in an increase in the wholesale acquisition cost of that drug that is equal to-- ``(i) 10 percent or more within a 12-month period that begins and ends during the 5-year period preceding January 1, 2023; or ``(ii) 25 percent or more within a 36-month period that begins and ends during the 5-year period preceding January 1, 2023. ``(2) Report deadline.--Each report described in paragraph (1) shall be submitted to the Secretary-- ``(A) in the case of a report with respect to an increase in the price of a qualifying drug that occurs during the period beginning on January 1, 2021, and ending on the day that is 60 days after the date of the enactment of this section, not later than 90 days after such date of enactment; ``(B) in the case of a report with respect to an increase in the price of a qualifying drug that occurs after the period described in subparagraph (A), not later than 30 days prior to the planned effective date of such price increase for such qualifying drug; ``(C) in the case of a report with respect to a qualifying drug that meets the criteria under paragraph (1)(B), not later than 30 days after such drug meets such criteria; and ``(D) in the case of a report with respect to an increase in the price of a qualifying drug that occurs during a 12-month or 36-month period described in paragraph (1)(C), not later than April 1, 2023. ``(c) Contents.--A report under subsection (b), consistent with the standard for disclosures described in section 213.3(d) of title 12, Code of Federal Regulations (as in effect on the date of enactment of this section), shall, at a minimum, include-- ``(1) with respect to the qualifying drug-- ``(A) the percentage by which the manufacturer will raise the wholesale acquisition cost of the drug within the 12-month period or 36-month period as described in subsection (b)(1)(A)(i), (b)(1)(A)(ii), (b)(1)(C)(i), or (b)(1)(C)(ii), as applicable, and the effective date of such price increase or the cost associated with a qualifying drug if such drug meets the criteria under subsection (b)(1)(B) and the effective date at which such drug meets such criteria; ``(B) an explanation for, and description of, each price increase for such drug that will occur during the 12-month period or the 36-month period described in subsection (b)(1)(A)(i), (b)(1)(A)(ii), (b)(1)(C)(i), or (b)(1)(C)(ii), as applicable; ``(C) an explanation for, and description of, the cost associated with a qualifying drug if such drug meets the criteria under subsection (b)(1)(B), as applicable; ``(D) if known and different from the manufacturer of the qualifying drug, the identity of-- ``(i) the sponsor or sponsors of any investigational new drug applications under section 505(i) of the Federal Food, Drug, and Cosmetic Act for clinical investigations with respect to such drug, for which the full reports are submitted as part of the application-- ``(I) for approval of the drug under section 505 of such Act; or ``(II) for licensure of the drug under section 351 of the Public Health Service Act; and ``(ii) the sponsor of an application for the drug approved under such section 505 of the Federal Food, Drug, and Cosmetic Act or licensed under section 351 of the Public Health Service Act; ``(E) a description of the history of the manufacturer's price increases for the drug since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351 of the Public Health Service Act, or since the manufacturer acquired such approved application or license, if applicable; ``(F) the current wholesale acquisition cost of the drug; ``(G) the total expenditures of the manufacturer on-- ``(i) materials and manufacturing for such drug; ``(ii) acquiring patents and licensing for such drug; and ``(iii) purchasing or acquiring such drug from another manufacturer, if applicable; ``(H) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; ``(I) the total expenditures of the manufacturer on research and development for such drug that is necessary to demonstrate that it meets applicable statutory standards for approval under section 505 of the Federal Food, Drug, and Cosmetic Act or licensure under section 351 of the Public Health Service Act, as applicable; ``(J) the total expenditures of the manufacturer on pursuing new or expanded indications or dosage changes for such drug under section 505 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act; ``(K) the total expenditures of the manufacturer on carrying out postmarket requirements related to such drug, including under section 505(o)(3) of the Federal Food, Drug, and Cosmetic Act; ``(L) the total revenue and the net profit generated from the qualifying drug for each calendar year since the approval of the application for the drug under section 505 of the Federal Food, Drug, and Cosmetic Act or the issuance of the license for the drug under section 351 of the Public Health Service Act, or since the manufacturer acquired such approved application or license; and ``(M) the total costs associated with marketing and advertising for the qualifying drug; ``(2) with respect to the manufacturer-- ``(A) the total revenue and the net profit of the manufacturer for each of the 12-month period described in subsection (b)(1)(A)(i) or (b)(1)(C)(i) or the 36- month period described in subsection (b)(1)(A)(ii) or (b)(1)(C)(ii), as applicable; ``(B) all stock-based performance metrics used by the manufacturer to determine executive compensation for each of the 12-month periods described in subsection (b)(1)(A)(i) or (b)(1)(C)(i) or the 36-month periods described in subsection (b)(1)(A)(ii) or (b)(1)(C)(ii), as applicable; and ``(C) any additional information the manufacturer chooses to provide related to drug pricing decisions, such as total expenditures on-- ``(i) drug research and development; or ``(ii) clinical trials, including on drugs that failed to receive approval by the Food and Drug Administration; and ``(3) such other related information as the Secretary considers appropriate and as specified by the Secretary. ``(d) Information Provided.--The manufacturer of a qualifying drug that is required to submit a report under subsection (b), shall ensure that such report and any explanation for, and description of, each price increase described in subsection (c)(1) shall be truthful, not misleading, and accurate. ``(e) Civil Monetary Penalty.--Any manufacturer of a qualifying drug that fails to submit a report for the drug as required by this section, following notification by the Secretary to the manufacturer that the manufacturer is not in compliance with this section, shall be subject to a civil monetary penalty of $75,000 for each day on which the violation continues. ``(f) False Information.--Any manufacturer that submits a report for a drug as required by this section that knowingly provides false information in such report is subject to a civil monetary penalty in an amount not to exceed $100,000 for each item of false information. ``(g) Public Posting.-- ``(1) In general.--Subject to paragraph (4), the Secretary shall post each report submitted under subsection (b) on the public website of the Department of Health and Human Services the day the price increase of a qualifying drug is scheduled to go into effect. ``(2) Format.--In developing the format in which reports will be publicly posted under paragraph (1), the Secretary shall consult with stakeholders, including beneficiary groups, and shall seek feedback from consumer advocates and readability experts on the format and presentation of the content of such reports to ensure that such reports are-- ``(A) user-friendly to the public; and ``(B) written in plain language that consumers can readily understand. ``(3) List.--In addition to the reports submitted under subsection (b), the Secretary shall also post a list of each qualifying drug with respect to which the manufacturer was required to submit such a report in the preceding year and whether such manufacturer was required to submit such report based on a qualifying price increase or whether such drug meets the criteria under subsection (b)(1)(B). ``(4) Protected information.--In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets. ``SEC. 1150E. ANNUAL REPORT TO CONGRESS. ``(a) In General.--Subject to subsection (b), the Secretary shall submit to the Committees on Energy and Commerce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate, and post on the public website of the Department of Health and Human Services in a way that is user-friendly to the public and written in plain language that consumers can readily understand, an annual report-- ``(1) summarizing the information reported pursuant to section 1150D; ``(2) including copies of the reports and supporting detailed economic analyses submitted pursuant to such section; ``(3) detailing the costs and expenditures incurred by the Department of Health and Human Services in carrying out section 1150D; and ``(4) explaining how the Department of Health and Human Services is improving consumer and provider information about drug value and drug price transparency. ``(b) Protected Information.--In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets.''. TITLE V--NIH, FDA, AND OVERDOSE EPIDEMIC FUNDING Subtitle A--Biomedical Innovation Expansion SEC. 501. NIH INNOVATION INITIATIVES. (a) NIH Innovation Account.-- (1) In general.--Section 1001(b) of the 21st Century Cures Act (Public Law 114-255) is amended by adding at the end the following: ``(5) Supplemental funding and additional activities.-- ``(A) In general.--In addition to the funds made available under paragraph (2), there are authorized to be appropriated, and are hereby appropriated, to the Account, out of any monies in the Treasury not otherwise appropriated, to be available until expended without further appropriation, the following: ``(i) For fiscal year 2022, $255,400,000. ``(ii) For fiscal year 2023, $160,400,000. ``(iii) For fiscal year 2024, $414,600,000. ``(iv) For fiscal year 2025, $547,000,000. ``(v) For fiscal year 2026, $948,000,000. ``(vi) For fiscal year 2027, $842,400,000. ``(vii) For fiscal year 2028, $1,089,600,000. ``(viii) For fiscal year 2029, $1,115,600,000. ``(ix) For fiscal year 2030, $1,170,600,000. ``(x) For fiscal year 2031, $956,400,000. ``(B) Supplemental funding for certain projects.-- Of the total amounts made available under subparagraph (A) for each of fiscal years 2022 through 2031, a total amount not to exceed the following shall be made available for the following categories of NIH Innovation Projects: ``(i) For projects described in paragraph (4)(A), an amount not to exceed a total of $2,070,600,000 as follows: ``(I) For each of fiscal years 2022 and 2024, $50,000,000. ``(II) For fiscal year 2025, $100,000,000. ``(III) For each of fiscal years 2026 and 2027, $300,000,000. ``(IV) For each of fiscal years 2028 through 2030, $317,000,000. ``(V) For fiscal year 2031, $319,600,000. ``(ii) For projects described in paragraph (4)(B), an amount not to exceed a total of $2,041,900,000 as follows: ``(I) For each of fiscal years 2022 and 2024, $50,000,000. ``(II) For fiscal year 2025, $128,000,000. ``(III) For fiscal year 2026, $209,000,000. ``(IV) For fiscal year 2027, $100,000,000. ``(V) For fiscal year 2028, $325,000,000. ``(VI) For fiscal year 2029, $350,000,000. ``(VII) For fiscal year 2030, $400,000,000. ``(VIII) For fiscal year 2031, $429,900,000. ``(iii) For projects described in paragraph (4)(C), an amount not to exceed a total of $1,558,400,000 as follows: ``(I) For each of fiscal years 2024 and 2025, $151,200,000. ``(II) For each of fiscal years 2026 through 2030, $251,200,000. ``(iv) For projects described in paragraph (4)(D), an amount not to exceed $15,400,000 for each of fiscal years 2022 through 2031. ``(C) Additional nih innovation projects.--In addition to funding NIH Innovation Projects pursuant to subparagraph (B), of the total amounts made available under subparagraph (A), a total amount not to exceed the following shall be made available for the following categories of NIH Innovation Projects: ``(i) To support research related to combating antimicrobial resistance and antibiotic resistant bacteria, including research into new treatments, diagnostics, and vaccines, research, in consultation with the Centers for Disease Control and Prevention, into stewardship, and the development of strategies, in coordination with the Biomedical Advanced Research and Development Authority under section 319L of the Public Health Service Act, to support commercialization of new antibiotics, not to exceed a total of $1,144,500,000, as follows: ``(I) For each of fiscal years 2022 through 2025, $100,000,000. ``(II) For each of fiscal years 2026 and 2027, $120,000,000. ``(III) For each of fiscal years 2028 through 2030, $125,000,000. ``(IV) For fiscal year 2031, $129,500,000. ``(ii) To support research and research activities related to rare diseases or conditions, including studies or analyses that help to better understand the natural history of a rare disease or condition and translational studies related to rare diseases or conditions, not to exceed a total of $530,600,000, as follows: ``(I) For fiscal year 2022, $40,000,000. ``(II) For fiscal year 2023, $45,000,000. ``(III) For fiscal year 2024, $48,000,000. ``(IV) For each of fiscal years 2025 and 2026, $52,400,000. ``(V) For fiscal year 2027, $55,800,000. ``(VI) For fiscal year 2028, $56,000,000. ``(VII) For fiscal year 2029, $57,000,000. ``(VIII) For each of fiscal years 2030 and 2031, $62,000,000.''. (2) Conforming amendments.--Section 1001 of the 21st Century Cures Act (Public Law 114-255) is amended-- (A) in subsection (a), by striking ``subsection (b)(4)'' and inserting ``subsections (b)(4) and (b)(5)''; (B) in subsection (b)(1), by striking ``paragraph (4)'' and inserting ``paragraphs (4) and (5)''; (C) in subsection (c)(2)(A)(ii), by inserting ``or pursuant to subsection (b)(5)'' after ``subsection (b)(3)''; and (D) in subsection (d), by inserting ``or pursuant to subsection (b)(5)'' after ``subsection (b)(3)''. (b) Workplan.--Section 1001(c)(1) of the 21st Century Cures Act (Public Law 114-255) is amended by adding at the end the following: ``(D) Updates.--The Director of NIH shall, after seeking recommendations in accordance with the process described in subparagraph (C), update the work plan submitted under this subsection for each of fiscal years 2022 through 2031 to reflect the amendments made to this section by the Elijah E. Cummings Lower Drug Costs Now Act.''. (c) Annual Reports.--Section 1001(c)(2)(A) of the 21st Century Cures Act (Public Law 114-255) is amended by striking ``2027'' and inserting ``2031''. (d) Sunset.--Section 1001(e) of the 21st Century Cures Act (Public Law 114-255) is amended by striking ``September 30, 2026'' and inserting ``September 30, 2031''. SEC. 502. NIH CLINICAL TRIAL. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following: ``SEC. 404O. CLINICAL TRIAL ACCELERATION PILOT INITIATIVE. ``(a) Establishment of Pilot Program.--The Secretary, acting through the Director of the National Institutes of Health, shall, not later than 2 years after the date of enactment of this Act, establish and implement a pilot program to award multi-year contracts to eligible entities to support phase II clinical trials and phase III clinical trials-- ``(1) to promote innovation in treatments and technologies supporting the advanced research and development and production of high need cures; and ``(2) to provide support for the development of medical products and therapies. ``(b) Eligible Entities.--To be eligible to receive assistance under the pilot program established under subsection (a), an entity shall-- ``(1) be seeking to market a medical product or therapy that is the subject of clinical trial or trials to be supported using such assistance; ``(2) be a public or private entity, which may include a private or public research institution, a contract research organization, an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), a medical center, a biotechnology company, or an academic research institution; and ``(3) comply with requirements of the Federal Food, Drug, and Cosmetic Act and section 351 of this Act, as applicable, at all stages of development, manufacturing, review, approval, and safety surveillance of a medical product. ``(c) Duties.--The Secretary, acting through the Director of National Institutes of Health, shall-- ``(1) in establishing the pilot program under subsection (a), consult with-- ``(A) the Director of the National Center for Advancing Translational Sciences and the other national research institutes in considering their requests for new or expanded clinical trial support efforts; and ``(B) the Commissioner of Food and Drugs and any other head of a Federal agency as the Secretary determines to be appropriate to ensure coordination and efficiently advance clinical trial activities; ``(2) in implementing the pilot program under subsection (a), consider consulting with patients and patient advocates; and ``(3) in awarding contracts under the pilot program under subsection (a), consider-- ``(A) the expected health impacts of the clinical trial or trials to be supported under the contract; and ``(B) the degree to which the medical product or therapy that is the subject of such clinical trial or trials is a high need cure. ``(d) Exclusion.--A contract may not be awarded under the pilot program under subsection (a) if the drug that is the subject of the clinical trial or trials to be supported under the contract is a drug designated under section 526 of the Federal Food, Drug, and Cosmetic Act as a drug for a rare disease or condition. ``(e) NIH Clinical Trial Accelerator Account.-- ``(1) Establishment.--There is established in the Treasury an account, to be known as the `NIH Clinical Trial Accelerator Account' (referred to in this section as the `Account'), for purposes of carrying out this section. ``(2) Transfer of direct spending savings.--There shall be transferred to the Account from the general fund of the Treasury, $400,000,000 for each of fiscal years 2022 through 2026, to be available until expended without further appropriation. ``(3) Work plan.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a work plan that includes the proposed implementation of this section and the proposed allocation of funds in the Account. ``(f) Reports to Congress.--Not later than October 1 of each fiscal year, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on-- ``(1) the implementation of this section; ``(2) any available results on phase II clinical trials and phase III clinical trials supported under this section during such fiscal year; and ``(3) the extent to which Federal funds are obligated to support such clinical trials, including the specific amount of such support and awards pursuant to an allocation from the Account under subsection (e). ``(g) Definitions.--In this section: ``(1) Phase ii clinical trial.--The term `phase II clinical trial' means a phase II clinical investigation, as described in section 312.21 of title 21, Code of Federal Regulations (or any successor regulations). ``(2) Phase iii clinical trials.--The term `phase III clinical trial' means a phase III clinical investigation, as described in section 312.21 of title 21, Code of Federal Regulations (or any successor regulations). ``(3) High need cure.--The term `high need cure' has the meaning given such term in section 480(a)(3).''. SEC. 503. INNOVATION NETWORK. Part A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by section 502, is further amended by adding at the end the following: ``SEC. 404P. INNOVATION NETWORK. ``(a) Funds.--The Director of NIH shall award grants or contracts to eligible entities to develop, expand, and enhance the commercialization of biomedical products. ``(b) Eligible Entity.--In this section, the term `eligible entity' means an entity receiving funding under-- ``(1) the Small Business Innovation Research program of the National Institutes of Health; or ``(2) the Small Business Technology Transfer program of the National Institutes of Health. ``(c) Use of Funds.--An eligible entity shall use the funds received through such grant or contract to support-- ``(1) the Commercialization Readiness Pilot program of the National Institutes of Health; ``(2) the Innovation Corps program of the National Institutes of Health; ``(3) the Commercialization Accelerator program of the National Institutes of Health; ``(4) the Commercialization Assistance program of the National Institutes of Health; and ``(5) such other programs and activities as the Director of NIH determines to be appropriate, to support the commercialization stage of research, later stage research and development, technology transfer, and commercialization technical assistance. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2022 through 2026, to be available until expended.''. Subtitle B--Investing in Safety and Innovation SEC. 511. FOOD AND DRUG ADMINISTRATION. (a) FDA Innovation Account.-- (1) In general.--Section 1002(b) of the 21st Century Cures Act (Public Law 114-255) is amended-- (A) in paragraph (1), by striking ``paragraph (4)'' and inserting ``paragraphs (4) and (5)''; and (B) by adding at the end the following new paragraph: ``(5) Supplemental funding and additional activities.-- ``(A) In general.--In addition to the funds made available under paragraph (2), there are authorized to be appropriated, and are hereby appropriated, to the Account, out of any monies in the Treasury not otherwise appropriated, to be available until expended without further appropriation, the following: ``(i) For fiscal year 2022, $417,500,000. ``(ii) For each of fiscal years 2023 and 2024, $157,500,000. ``(iii) For each of fiscal years 2025 through 2027, $152,500,000. ``(iv) For each of fiscal years 2028 through 2031, $202,500,000. ``(B) Supplemental funding for certain activities.--Of the total amounts made available under subparagraph (A) for each of fiscal years 2028 through 2031, a total amount not to exceed $50,000,000 for each such fiscal year, shall be made available for the activities under subtitles A through F (including the amendments made by such subtitles) of title III of this Act and section 1014 (relating to Intercenter Institutes) of the Federal Food, Drug, and Cosmetic Act. ``(C) Additional fda activities.--In addition to funding activities pursuant to subparagraph (B), of the total amounts made available under subparagraph (A), a total amount not to exceed the following shall be made available for the following categories of activities: ``(i) For modernization of the technical infrastructure of the Food and Drug Administration, including enhancements such as interoperability across the agency, and additional capabilities to develop an advanced information technology infrastructure to support the agency's regulatory mission: ``(I) For fiscal year 2022, $180,000,000. ``(II) For each of fiscal years 2023 through 2031, $60,000,000. ``(ii) For support for continuous manufacturing of drugs and biological products, including complex biological products such as regenerative medicine therapies, through grants to institutions of higher education and nonprofit organizations and other appropriate mechanisms, for each of fiscal years 2022 through 2031, $20,000,000. ``(iii) For support for the Commissioner of Food and Drugs to engage experts, such as through the formation and operation of public- private partnerships or other appropriate collaborative efforts, to advance the development and delivery of individualized human gene therapy products: ``(I) For fiscal year 2022, $50,000,000. ``(II) For each of fiscal years 2023 through 2031, $10,000,000. ``(iv) For support for inspections, enforcement, and quality surveillance activities across the Food and Drug Administration, including foreign and domestic inspections across products, for each of fiscal years 2022 through 2031, $20,000,000. ``(v) For support for activities of the Food and Drug Administration related to customs and border protection to provide improvements to technologies, inspection capacity, and sites of import (including international mail facilities) in which the Food and Drug Administration operates, for each of fiscal years 2022 through 2031, $10,000,000. ``(vi) To further advance the development of a coordinated postmarket surveillance system for all medical products, including drugs, biological products, and devices, linked to electronic health records in furtherance of the Food and Drug Administration's postmarket surveillance capabilities: ``(I) For fiscal year 2022, $112,500,000. ``(II) For each of fiscal years 2023 through 2031, $12,500,000. ``(vii) For support for Food and Drug Administration activities to keep pace with the projected product development of regenerative therapies, including cellular and somatic cell gene therapy products: ``(I) For each of fiscal years 2022 through 2024, $10,000,000. ``(II) For each of fiscal years 2025 through 2031, $5,000,000. ``(viii) For carrying out section 714A of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379d-3a; relating to hiring authority for scientific, technical, and professional personnel), for each of fiscal years 2022 through 2031, $2,500,000. ``(ix) For the Food and Drug Administration to support improvements to the technological infrastructure for reporting and analysis of adverse events associated with the use of drugs and biological products, for each of fiscal years 2022 through 2031, $12,500,000.''. (2) Conforming amendments.--Section 1002 of the 21st Century Cures Act (Public Law 114-255) is amended-- (A) in subsection (a), by inserting before the period at the end the following: ``or pursuant to subparagraph (A) of subsection (b)(5) to carry out the activities described in subparagraphs (B) and (C) of such subsection''; and (B) in subsection (d)-- (i) by inserting ``or pursuant to subparagraph (A) of subsection (b)(5)'' after ``subsection (b)(3)''; and (ii) by striking ``subsection (b)(4)'' and inserting ``subsections (b)(4) and (b)(5)''. (b) Annual Report.--Section 1002(c)(2)(A) of the 21st Century Cures Act (Public Law 114-255) is amended, in the matter preceding clause (i), by striking ``2026'' and inserting ``2032''. (c) Sunset.--Section 1002(e) of the 21st Century Cures Act (Public Law 114-255) is amended by striking ``September 30, 2025'' and inserting ``September 30, 2030''. SEC. 512. STUDY ON HIGH-RISK, HIGH-REWARD DRUGS. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall conduct a study to identify-- (1) diseases or conditions that lack a treatment approved by the Food and Drug Administration and instances in which development of a treatment for such diseases or conditions could fill an unmet medical need for the treatment of a serious or life-threatening disease or condition or a rare disease or condition; and (2) appropriate incentives that would lead to the development, approval, and marketing of such treatments. (b) Report to Congress; Recommendations.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Congress a report that includes-- (1) findings from the study under subsection (a); and (2) recommendations regarding legislation necessary to create appropriate incentives identified pursuant to subsection (a)(2). Subtitle C--Overdose Epidemic Response SEC. 521. OVERDOSE EPIDEMIC RESPONSE FUND. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall use any funds made available pursuant to subsection (b) to carry out the programs and activities described in subsection (c) to address the overdose and substance use disorder epidemic. Such funds shall be in addition to any funds which are otherwise available to carry out such programs and activities. (b) Opioid Epidemic Response Fund.-- (1) Establishment of account.--There is established in the Treasury an account, to be known as the Opioid Epidemic Response Fund (referred to in this section as the ``Fund''), for purposes of funding the programs and activities described in subsection (c). (2) Funding.--There is authorized to be appropriated, and there is appropriated, to the Fund, out of any monies in the Treasury not otherwise appropriated $2,000,000,000 for each of fiscal years 2022 through 2026. (3) Availability.--Amounts made available by paragraph (2) shall be made available to the agencies specified in subsection (c) in accordance with such subsection. Amounts made available to an agency pursuant to the preceding sentence for a fiscal year shall remain available until expended. (c) Programs and Activities.--Of the total amount in the Fund for each of fiscal years 2022 through 2026, such amount shall be allocated as follows: (1) SAMHSA.--For the Substance Abuse and Mental Health Services Administration to carry out programs and activities pursuant to section 522, $1,500,000,000 for each of fiscal years 2022 through 2026. (2) CDC.--For the Centers for Disease Control and Prevention to carry out programs and activities pursuant to section 523, $120,000,000 for each of fiscal years 2022 through 2026. (3) FDA.--For the Food and Drug Administration to carry out programs and activities pursuant to section 524, $10,000,000 for each of fiscal years 2022 through 2026. (4) NIH.--For the National Institutes of Health to carry out programs and activities pursuant to section 525, $240,000,000 for each of fiscal years 2022 through 2026. (5) HRSA.--For the Health Resources and Services Administration to carry out programs and activities pursuant to section 526, $90,000,000 for each of fiscal years 2022 through 2026. (6) ACF.--For the Administration for Children and Families to carry out programs and activities pursuant to section 527, $40,000,000 for each of fiscal years 2022 through 2026. (d) Accountability and Oversight.-- (1) Work plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce, the Committee on Appropriations, and the Committee on Education and Labor of the House of Representatives, a work plan including the proposed allocation of funds made available pursuant to subsection (b) for each of fiscal years 2022 through 2026 and the contents described in subparagraph (B). (B) Contents.--The work plan submitted under subparagraph (A) shall include-- (i) the amount of money to be obligated or expended out of the Fund in each fiscal year for each program and activity described in subsection (c); and (ii) a description and justification of each such program and activity. (2) Annual reports.--Not later than October 1 of each of fiscal years 2023 through 2027, the Secretary of Health and Human Services shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Energy and Commerce, the Committee on Appropriations, and the Committee on Education and Labor of the House of Representatives, a report including-- (A) the amount of money obligated or expended out of the Fund in the prior fiscal year for each program and activity described in subsection (c); (B) a description of all programs and activities using funds made available pursuant to subsection (b); and (C) how the programs and activities are responding to the opioid and substance use disorder epidemic. (e) Limitations.--Notwithstanding any authority in this subtitle or any appropriations Act, any funds made available pursuant to subsection (b) may not be used for any purpose other than the programs and activities described in subsection (c). SEC. 522. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION. (a) In General.--The entirety of the funds made available pursuant to section 521(c)(1) shall be for the Assistant Secretary for Mental Health and Substance Use to continue to award the State Opioid Response Grants funded by the heading ``Substance Abuse And Mental Health Services Administration--Substance Abuse Treatment'' in title II of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2018 (Public Law 115-141). Subject to subsections (b) and (c), such grants shall be awarded in the same manner and subject to the same conditions as were applicable to such grants for fiscal year 2018. (b) Requirement That Treatment Be Evidence-Based.--As a condition on receipt of a grant pursuant to subsection (a), a grantee shall agree that-- (1) treatments, practices, or interventions funded through the grant will be evidence-based; and (2) such treatments, practices, and interventions will include medication-assisted treatment for individuals diagnosed with opioid use disorder, using drugs only if the drugs have been approved or licensed by the Food and Drug Administration under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). (c) Reservations.--Of the amount made available pursuant to section 521(c)(1) for a fiscal year-- (1) not less than $75,000,000 shall be reserved to make grants under subsection (a) to Indian Tribes or Tribal organizations; and (2) not less than $50,000,000 shall be reserved to make grants under subsection (a) to political subdivisions of States, such as counties, cities, or towns. SEC. 523. CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Addressing Opioid Use Disorder.--The entirety of the funds made available pursuant to section 521(c)(2) shall be for the Director of the Centers for Disease Control and Prevention, pursuant to applicable authorities in the Public Health Service Act (42 U.S.C. 201 et seq.), to continue and expand programs of the Centers for Disease Control and Prevention to address opioid and substance use disorder, including by-- (1) improving the timeliness and quality of data on the opioid use disorder epidemic, including improvement of-- (A) data on fatal and nonfatal overdoses; (B) syndromic surveillance; (C) data on long-term sequelae (including neonatal abstinence syndrome); and (D) cause of death reporting related to substance abuse or opioid overdose; (2) expanding and strengthening evidence-based prevention and education strategies; (3) supporting responsible prescribing practices, including through development and dissemination of prescriber guidelines; (4) improving access to and use of effective prevention, treatment, and recovery support, including through grants and the provision of technical assistance to States and localities; (5) strengthening partnerships with first responders, including to protect their safety; (6) considering the needs of vulnerable populations; (7) addressing infectious diseases linked to the opioid crisis; (8) strengthening prescription drug monitoring programs; and (9) providing financial and technical assistance to State and local health department efforts to treat and prevent substance use disorder. (b) Limitation.--Of the funds made available pursuant to section 521(c)(2) for carrying out this section, not more than 20 percent may be used for intramural purposes. SEC. 524. FOOD AND DRUG ADMINISTRATION. The entirety of the funds made available pursuant to section 521(c)(3) shall be for the Commissioner of Food and Drugs, pursuant to applicable authorities in the Public Health Service Act (42 U.S.C. 201 et seq.) or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and other applicable law, to support widespread innovation in non-opioid and non-addictive medical products for pain treatment, access to opioid addiction treatments, appropriate use of approved opioids, and efforts to reduce illicit importation of opioids. Such support may include the following: (1) Facilitating the development of non-opioid and non- addictive pain treatments. (2) Advancing guidance documents for sponsors of non-opioid pain products. (3) Developing evidence to inform the potential for nonprescription overdose therapies. (4) Examining expanded labeling indications for medication- assisted treatment. (5) Conducting public education and outreach, including public workshops or public meetings, regarding the benefits of medication-assisted treatment, including all drugs approved by the Food and Drug Administration, and device treatment options approved or cleared by the Food and Drug Administration. (6) Exploring the expansion and possible mandatory nature of prescriber education regarding pain management and appropriate opioid prescribing through authorities under section 505-1 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355-1). (7) Examining options to limit the duration of opioid prescriptions for acute pain, including through packaging options. (8) Increasing staff and infrastructure capacity to inspect and analyze packages at international mail facilities and pursue criminal investigations. SEC. 525. NATIONAL INSTITUTES OF HEALTH. The entirety of the funds made available pursuant to section 521(c)(4) shall be for the Director of the National Institutes of Health, pursuant to applicable authorities in the Public Health Service Act (42 U.S.C. 201 et seq.), to carry out activities related to-- (1) accelerating research for addressing the opioid use disorder epidemic, including developing non-opioid medications and interventions, including non-addictive medications, to manage pain, as well as developing medications and interventions to treat and to prevent substance use disorders; (2) conducting and supporting research on which treatments (in terms of pain management as well as treating and preventing substance use disorders) are optimal for which patients; and (3) conducting and supporting research on creating longer- lasting or faster-acting antidotes for opioid overdose, particularly in response to the prevalence of fentanyl and carfentanyl overdoses. SEC. 526. HEALTH RESOURCES AND SERVICES ADMINISTRATION. The entirety of the funds made available pursuant to section 521(c)(5) shall be for the Administrator of the Health Resources and Services Administration, pursuant to applicable authorities in titles III, VII, and VIII of the Public Health Service Act (42 U.S.C. 241 et seq.), to carry out activities that increase the availability and capacity of the behavioral health workforce. Such activities shall include providing loan repayment assistance for substance use disorder treatment providers. SEC. 527. ADMINISTRATION FOR CHILDREN AND FAMILIES. Of the funds made available pursuant to section 521(c)(6) for each of fiscal years 2022 through 2026, $40,000,000 for each such fiscal year shall be for the Secretary of Health and Human Services to carry out title I of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.). all
H.R. 400 (Introduced in House) - Civics Learning Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr400ih/html/BILLS-117hr400ih.htm	DOC 117th CONGRESS 1st Session H. R. 400 To amend the Elementary and Secondary Education Act of 1965 to increase civics education programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Hastings (for himself, Mr. Aguilar, Mr. Bishop of Georgia, Mr. Carson, Mr. Casten, Ms. Castor of Florida, Mr. Cicilline, Ms. Clarke of New York, Mr. Crist, Ms. Dean, Mr. DeFazio, Mr. Deutch, Mrs. Dingell, Mr. Espaillat, Mrs. Hayes, Mr. Himes, Ms. Jackson Lee, Mr. Keating, Ms. Kelly of Illinois, Ms. Kuster, Mr. Langevin, Mr. Larson of Connecticut, Mr. Lawson of Florida, Mr. Lowenthal, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Ms. McCollum, Mr. McGovern, Ms. Meng, Ms. Moore of Wisconsin, Mrs. Murphy of Florida, Mr. Raskin, Ms. Roybal-Allard, Ms. Sanchez, Ms. Scanlon, Ms. Schakowsky, Mr. Sires, Mr. Thompson of Mississippi, Mrs. Watson Coleman, Ms. Wild, and Ms. Williams of Georgia) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to increase civics education programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Civics Learning Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) The dearth of civics lessons available to students across the United States has helped to foster a political climate that is deeply partisan and divided. (2) Polarized party politics in the United States has fractured public morale in our institutions and has created an environment in which people are less likely to be well-informed on the current state of affairs and to participate in the political process. (3) According to the Annenberg Constitution Day Civics Survey conducted by the Annenberg Public Policy Center of the University of Pennsylvania-- (A) in 2018, only 32 percent of people in the United States surveyed were capable of naming all 3 branches of Government, while 33 percent of Americans were not able to name any of the branches of government; (B) in 2018, 30 percent of people in the United States surveyed knew that the Senate is in charge of Supreme Court nominee confirmations; and (C) in 2017, 37 percent could not name any of the rights guaranteed under the First Amendment. (4) In 2014, only 23 percent of eighth graders were found to have performed at or above the proficient level on the National Assessment of Educational Progress civics exam conducted by the National Center of Education Studies. (5) A lack of knowledge on the basics of the structure of our democratic republic creates an increasingly ill-prepared electorate which over time has, and will continue to, contribute to a weakened democracy. SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Section 2233 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6663) is amended-- (1) in subsection (a)-- (A) by inserting ``and prioritize innovative civics learning and teaching, including by encouraging'' after ``to encourage''; and (B) by inserting ``(including students and teachers at high-need schools (as defined in section 2221))'' before the period; (2) in subsection (b)-- (A) by inserting ``and appropriated under subsection (h) of this section'' after ``2231(b)(2)''; and (B) by striking paragraph (2) and inserting the following: ``(2) may include-- ``(A) hands-on civic engagement activities for teachers and students; ``(B) activities about the history and principles of the Constitution of the United States, including the Bill of Rights; ``(C) before-school, during-school, after-school, and extracurricular activities; ``(D) activities that include service learning and community service projects that are linked to school curriculum; ``(E) activities that encourage and support student participation in school governance; and ``(F) online and video game based learning.''; (3) in subsection (c), by striking paragraph (3) and inserting the following: ``(3) Diversity of projects.-- ``(A) Diversity of grants.--In awarding grants under this section, the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible entities that will serve geographically diverse areas, including urban, suburban, and rural areas, and public elementary schools. ``(B) Allocation of grant funding.--To the extent practicable based on the applications received under subsection (d), the Secretary shall ensure that-- ``(i) not less than 30 percent of the grant funds under this section are awarded to eligible entities that serve elementary school students and teachers; ``(ii) not less than 30 percent of the grant funds under this section are awarded to eligible entities that serve middle school students and teachers; and ``(iii) not more than 40 percent of the grant funds under this section are awarded to eligible entities that serve high school students and teachers.''; (4) in subsection (d), by inserting ``, and containing such information,'' after ``manner''; and (5) by adding at the end the following: ``(f) Grant Award Preference.--In awarding grants under this section, the Secretary shall give preference to applications for programs that carry out the activities listed in subsection (b)(2) for the purpose of strengthening civics education and learning. ``(g) Annual Report.--Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report containing-- ``(1) a description of each eligible entity awarded a grant under this section during the preceding fiscal year; ``(2) a description of whether each such eligible entity was able to met each of the purposes under subsection (a), and if so, how such eligible entity was able to meet such purposes; and ``(3) any recommendations for continuation of the grant program under this section. ``(h) Authorization of Appropriations.--In addition to the amounts reserved under section 2231(b)(2), there are authorized to be appropriated $30,000,000 to carry out this section for fiscal year 2022.''. all
H.R. 401 (Introduced in House) - Landscaping Workforce Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr401ih/html/BILLS-117hr401ih.htm	DOC 117th CONGRESS 1st Session H. R. 401 To amend the Department of Defense Appropriations Act, 2005 to provide for the inclusion of certain workers in the exemption from numerical limitations on H-2B workers, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Joyce of Ohio introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Department of Defense Appropriations Act, 2005 to provide for the inclusion of certain workers in the exemption from numerical limitations on H-2B workers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Landscaping Workforce Act of 2021''. SEC. 2. INCLUSION OF CERTAIN WORKERS IN EXEMPTION FROM NUMERICAL LIMITATIONS ON H-2B WORKERS. Section 14006 of the Department of Defense Appropriations Act, 2005 (Public Law 108-287) is amended to read as follows: ``Sec. 14006. The numerical limitation contained in section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(B)) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) who is employed (or has received an offer of employment) as a landscaping or groundskeeping worker (as the Bureau of Labor and Statistics defines such term under code 37-3011 for purposes of the Occupational Employment Statistics).''. all
H.R. 402 (Introduced in House) - Countering Russian and Other Overseas Kleptocracy Act	https://www.govinfo.gov/content/pkg/BILLS-117hr402ih/html/BILLS-117hr402ih.htm	DOC 117th CONGRESS 1st Session H. R. 402 To promote international efforts in combating corruption, kleptocracy, and illicit finance by foreign officials and other foreign persons, including through a new anti-corruption action fund, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Keating (for himself and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To promote international efforts in combating corruption, kleptocracy, and illicit finance by foreign officials and other foreign persons, including through a new anti-corruption action fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLES; TABLE OF CONTENTS. (a) Short Titles.--This Act may be cited as the ``Countering Russian and Other Overseas Kleptocracy Act'' or the ``CROOK Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Statement of policy. Sec. 5. Anti-Corruption Action Fund. Sec. 6. Interagency Anti-Corruption Task Force. Sec. 7. Designation of embassy anti-corruption points of contact. Sec. 8. Reporting requirements. SEC. 2. FINDINGS. Congress finds the following: (1) Authoritarian leaders in foreign countries abuse their power to steal assets from state institutions, enrich themselves at the expense of their countries' economic development, and use corruption as a strategic tool both to solidify their grip on power and to undermine democratic institutions abroad. (2) Global corruption harms the competitiveness of United States businesses, weakens democratic governance, feeds terrorist recruitment and transnational organized crime, enables drug smuggling and human trafficking, and stymies economic growth. (3) Illicit financial flows often penetrate countries through what appear to be legitimate financial transactions, as kleptocrats launder money, use shell companies, amass offshore wealth, and participate in a global shadow economy. (4) The Government of the Russian Federation is a leading model of this type of kleptocratic system, using state- sanctioned corruption to both erode democratic governance from within and discredit democracy abroad, thereby strengthening the authoritarian rule of Vladimir Putin. (5) Corrupt individuals and entities in the Russian Federation, often with the backing and encouragement of political leadership, use stolen money-- (A) to purchase key assets in other countries, often with a goal of attaining monopolistic control of a sector; (B) to gain access to and influence the policies of other countries; and (C) to advance Russian interests in other countries, particularly those that undermine confidence and trust in democratic systems. (6) Systemic corruption in the People's Republic of China, often tied to, directed by, or backed by the leadership of the Chinese Communist Party and the Chinese Government is used-- (A) to provide unfair advantage to certain People's Republic of China economic entities; (B) to increase other countries' economic dependence on the People's Republic of China to secure greater deference to the People's Republic of China's diplomatic and strategic goals; and (C) to exploit corruption in foreign governments and among other political elites to enable People's Republic of China state-backed firms to pursue predatory and exploitative economic practices. (7) Thwarting these tactics by Russian, Chinese, and other kleptocratic actors requires the international community to strengthen democratic governance and the rule of law. International cooperation in combating corruption and illicit finance is vital to such efforts, especially by empowering reformers in foreign countries during historic political openings for the establishment of the rule of law in those countries. (8) Technical assistance programs that combat corruption and strengthen the rule of law, including through assistance provided by the Department of State's Bureau of International Narcotics and Law Enforcement Affairs and the United States Agency for International Development, and through programs like the Department of Justice's Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program, can have lasting and significant impacts for both foreign and United States interests. (9) There currently exist numerous international instruments to combat corruption, kleptocracy, and illicit finance, including-- (A) the Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996; (B) the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the ``Anti-Bribery Convention''); (C) the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000; (D) the United Nations Convention against Corruption, done at New York October 31, 2003; (E) Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions, adopted November 26, 2009; and (F) recommendations of the Financial Action Task Force comprising the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Banking, Housing, and Urban Affairs of the Senate; (C) the Committee on Finance of the Senate; (D) the Committee on the Judiciary of the Senate; (E) the Committee on Foreign Affairs of the House of Representatives; (F) the Committee on Financial Services of the House of Representatives; (G) the Committee on Ways and Means of the House of Representatives; and (H) the Committee on the Judiciary of the House of Representatives. (2) Foreign assistance.--The term ``foreign assistance'' means foreign assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.). (3) Foreign state.--The term ``foreign state'' has the meaning given such term in section 1603(a) of title 28, United States Code. (4) Intelligence community.--The term ``intelligence community'' has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). (5) Public corruption.--The term ``public corruption'' includes the unlawful exercise of entrusted public power for private gain, such as through bribery, nepotism, fraud, extortion, or embezzlement. (6) Rule of law.--The term ``rule of law'' means the principle of governance in which all persons, institutions, and entities, whether public or private, including the state, are accountable to laws that are-- (A) publicly promulgated; (B) equally enforced; (C) independently adjudicated; and (D) consistent with international human rights norms and standards. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States-- (1) to leverage United States diplomatic engagement and foreign assistance to promote the rule of law; (2)(A) to promote international instruments to combat corruption, kleptocracy, and illicit finance, including instruments referred to in section 2(9), and other relevant international standards and best practices, as such standards and practices develop; and (B) to promote the adoption and implementation of such laws, standards, and practices by foreign states; (3) to support foreign states in promoting good governance and combating public corruption; (4) to encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture, including the misuse of anonymous shell companies, free trade zones, and other legal structures, that are enabling illicit finance to penetrate their financial systems; (5) to help foreign partner countries to investigate, prosecute, adjudicate, and more generally combat the use of corruption by malign actors, including authoritarian governments, particularly the Government of the Russian Federation and the Government of the People's Republic of China, as a tool of malign influence worldwide; (6) to assist in the recovery of kleptocracy-related stolen assets for victims, including through the use of appropriate bilateral arrangements and international agreements, such as the United Nations Convention against Corruption, done at New York October 31, 2003, and the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000; (7) to use sanctions authorities, such as the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)) and section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116-94), to identify and take action against corrupt foreign actors; (8) to ensure coordination between relevant Federal departments and agencies with jurisdiction over the advancement of good governance in foreign states; and (9) to lead the creation of a formal grouping of like- minded states-- (A) to coordinate efforts to counter corruption, kleptocracy, and illicit finance; and (B) to strengthen collective financial defense. SEC. 5. ANTI-CORRUPTION ACTION FUND. (a) Establishment.--There is established in the United States Treasury a fund, to be known as the ``Anti-Corruption Action Fund'', only for the purposes of-- (1) strengthening the capacity of foreign states to prevent and fight public corruption; (2) assisting foreign states to develop rule of law-based governance structures, including accountable civilian police, prosecutorial, and judicial institutions; (3) supporting foreign states to strengthen domestic legal and regulatory frameworks to combat public corruption, including the adoption of best practices under international law; and (4) supplementing existing foreign assistance and diplomacy with respect to efforts described in paragraphs (1), (2), and (3). (b) Funding.-- (1) Transfers.--Beginning on or after the date of the enactment of this Act, if total criminal fines and penalties in excess of $50,000,000 are imposed against a person under the Foreign Corrupt Practices Act of 1977 (Public Law 95-213) or section 13, 30A, or 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78dd-1, and 78ff), whether pursuant to a criminal prosecution, enforcement proceeding, deferred prosecution agreement, nonprosecution agreement, a declination to prosecute or enforce, or any other resolution, the court (in the case of a conviction) or the Attorney General shall impose an additional prevention payment equal to $5,000,000 against such person, which shall be deposited in the Anti-Corruption Action Fund established under subsection (a). (2) Availability of funds.--Amounts deposited into the Anti-Corruption Action Fund pursuant to paragraph (1) shall be available to the Secretary of State only for the purposes described in subsection (a), without fiscal year limitation or need for subsequent appropriation. (3) Limitation.--None of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund may be used inside the United States, except for administrative costs related to overseas program implementation pursuant to subsection (a). (c) Support.--The Anti-Corruption Action Fund-- (1) may support governmental and nongovernmental parties in advancing the purposes described in subsection (a); and (2) shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and anti- corruption activities. (d) Allocation and Prioritization.--In programming foreign assistance made available through the Anti-Corruption Action Fund, the Secretary of State, in coordination with the Attorney General, shall prioritize projects that-- (1) assist countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law; and (2) are important to United States national interests. (e) Technical Assistance Providers.--For any technical assistance to a foreign governmental party under this section, the Secretary of State, in coordination with the Attorney General, shall prioritize United States Government technical assistance providers as implementers, in particular the Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program at the Department of Justice. (f) Public Diplomacy.--The Secretary of State shall announce that funds deposited in the Anti-Corruption Action Fund are derived from actions brought under the Foreign Corrupt Practices Act to demonstrate that the use of such funds are-- (1) contributing to international anti-corruption work; and (2) reducing the pressure that United States businesses face to pay bribes overseas, thereby contributing to greater competitiveness of United States companies. (g) Reporting.--Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that contains-- (1) the balance of the funding remaining in the Anti- Corruption Action Fund; (2) the amount of funds that have been deposited into the Anti-Corruption Action Fund; and (3) a summary of the obligation and expenditure of such funds. (h) Notification Requirements.--None of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund pursuant to this section shall be available for obligation, or for transfer to other departments, agencies, or entities, unless the Secretary of State notifies the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives, not later than 15 days in advance of such obligation or transfer. SEC. 6. INTERAGENCY ANTI-CORRUPTION TASK FORCE. (a) In General.--The Secretary of State, in cooperation with the Interagency Anti-Corruption Task Force established pursuant to subsection (b), shall manage a whole-of-government effort to improve coordination among Federal departments and agencies and donor organizations with a role in-- (1) promoting good governance in foreign states; and (2) enhancing the ability of foreign states to combat public corruption. (b) Interagency Anti-Corruption Task Force.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish and convene the Interagency Anti-Corruption Task Force (referred to in this section as the ``Task Force''), which shall be composed of representatives appointed by the President from appropriate departments and agencies, including the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Department of Commerce, the Millennium Challenge Corporation, and the intelligence community. (c) Additional Meetings.--The Task Force shall meet not less frequently than twice per year. (d) Duties.--The Task Force shall-- (1) evaluate, on a general basis, the effectiveness of existing foreign assistance programs, including programs funded by the Anti-Corruption Action Fund, that have an impact on-- (A) promoting good governance in foreign states; and (B) enhancing the ability of foreign states to combat public corruption; (2) assist the Secretary of State in managing the whole-of- government effort described in subsection (a); (3) identify general areas in which such whole-of- government effort could be enhanced; and (4) recommend specific programs for foreign states that may be used to enhance such whole-of-government effort. (e) Briefing Requirement.--Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter through the end of fiscal year 2026, the Secretary of State shall provide a briefing to the appropriate congressional committees regarding the ongoing work of the Task Force. Each briefing shall include the participation of a representative of each of the departments and agencies described in subsection (b), to the extent feasible. SEC. 7. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF CONTACT. (a) Embassy Anti-Corruption Point of Contact.--The chief of mission of each United States embassy shall designate an anti-corruption point of contact for each such embassy. (b) Duties.--The designated anti-corruption points of contact designated pursuant to subsection (a) shall-- (1) coordinate, in accordance with guidance from the Interagency Anti-Corruption Task Force established pursuant to section 6(b), an interagency approach within United States embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states, including all relevant Federal departments and agencies with a presence in such foreign states, such as the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Millennium Challenge Corporation, and the intelligence community; (2) make recommendations regarding the use of the Anti- Corruption Action Fund and other foreign assistance funding related to anti-corruption efforts in their respective countries of responsibility that aligns with United States diplomatic engagement; and (3) ensure that anti-corruption activities carried out within their respective countries of responsibility are included in regular reporting to the Secretary of State and the Interagency Anti-Corruption Task Force, including United States embassy strategic planning documents and foreign assistance- related reporting, as appropriate. (c) Training.--The Secretary of State shall develop and implement appropriate training for the designated anti-corruption points of contact. SEC. 8. REPORTING REQUIREMENTS. (a) Report or Briefing on Progress Toward Implementation.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of the Treasury, shall submit a report or provide a briefing to the appropriate congressional committees that summarizes progress made in combating public corruption and in implementing this Act, including-- (1) identifying opportunities and priorities for outreach with respect to promoting the adoption and implementation of relevant international law and standards in combating public corruption, kleptocracy, and illicit finance; (2) describing-- (A) the bureaucratic structure of the offices within the Department of State and the United States Agency for International Development that are engaged in activities to combat public corruption, kleptocracy, and illicit finance; and (B) how such offices coordinate their efforts with each other and with other relevant Federal departments and agencies; (3) providing a description of how the provisions under subsections (d) and (e) of section 5 have been applied to each project funded by the Anti-Corruption Action Fund; (4) providing an explanation as to why a United States Government technical assistance provider was not used if technical assistance to a foreign governmental entity is not implemented by a United States Government technical assistance provider; (5) describing the activities of the Interagency Anti- Corruption Task Force established pursuant to section 6(b); (6) identifying-- (A) the designated anti-corruption points of contact for foreign states; and (B) any training provided to such points of contact; and (7) recommending additional measures that would enhance the ability of the United States Government to combat public corruption, kleptocracy, and illicit finance overseas. (b) Online Platform.--The Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, should consolidate existing reports with anti-corruption components into a single online, public platform that includes-- (1) the Annual Country Reports on Human Rights Practices required under section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n); (2) the Fiscal Transparency Report required under section 7031(b) of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2019 (division F of Public Law 116-6); (3) the Investment Climate Statement reports; (4) the International Narcotics Control Strategy Report; (5) any other relevant public reports; and (6) links to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, as appropriate, such as-- (A) the International Finance Corporation's Doing Business surveys; (B) the International Budget Partnership's Open Budget Index; and (C) multilateral peer review anti-corruption compliance mechanisms, such as-- (i) the Organisation for Economic Co- operation and Development's Working Group on Bribery in International Business Transactions; (ii) the Follow-Up Mechanism for the Inter- American Convention Against Corruption; and (iii) the United Nations Convention Against Corruption, done at New York October 31, 2003. all
"H.R. 403 (Introduced in House)- To repeal a restriction on the use of funds by the Securities and 
Exchange Commission to ensure shareholders of corporations have 
knowledge of corporate political activity."	https://www.govinfo.gov/content/pkg/BILLS-117hr403ih/html/BILLS-117hr403ih.htm	DOC 117th CONGRESS 1st Session H. R. 403 To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Levin of Michigan (for himself, Mr. Case, Mr. Deutch, Mr. Gallego, Mrs. Hayes, Mr. Kim of New Jersey, Mr. Lieu, Mr. McGovern, Ms. Norton, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Ms. Spanberger, Mr. Suozzi, Mr. Tonko, Mr. Trone, and Ms. Velazquez) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To repeal a restriction on the use of funds by the Securities and Exchange Commission to ensure shareholders of corporations have knowledge of corporate political activity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL. Section 631 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116-260) is hereby repealed. all
H.R. 404 (Introduced in House) - Driftnet Modernization and Bycatch Reduction Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr404ih/html/BILLS-117hr404ih.htm	DOC 117th CONGRESS 1st Session H. R. 404 To improve the management of driftnet fishing. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Lieu (for himself, Mr. Fitzpatrick, Mr. Wittman, Mr. Lowenthal, Ms. Lee of California, Mr. Mast, Mr. Palazzo, Mr. Case, Mr. Schiff, Mr. Harder of California, Mr. Griffith, Mr. Thompson of California, Ms. Norton, Ms. Eshoo, Mr. Larsen of Washington, Mr. Buchanan, and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To improve the management of driftnet fishing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Driftnet Modernization and Bycatch Reduction Act of 2021''. SEC. 2. DEFINITION. Section 3(25) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with a mesh size of 14 inches or greater,'' after ``more''. SEC. 3. FINDINGS AND POLICY. (a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(b)) is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(8) within the exclusive economic zone, large-scale driftnet fishing that deploys nets with large mesh sizes causes significant entanglement and mortality of living marine resources, including myriad protected species, despite limitations on the lengths of such nets.''. (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826(c)) is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period and inserting ``; and''; and (3) by adding at the end the following-- ``(4) prioritize the phase out of large-scale driftnet fishing in the exclusive economic zone and promote the development and adoption of alternative fishing methods and gear types that minimize the incidental catch of living marine resources.''. SEC. 4. TRANSITION PROGRAM. Section 206 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1826) is amended-- (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: ``(h) Fishing Gear Transition Program.-- ``(1) In general.--During the 5-year period beginning on the date of enactment of the Driftnet Modernization and Bycatch Reduction Act of 2021, the Secretary shall conduct a transition program to facilitate the phase-out of large-scale driftnet fishing and adoption of alternative fishing practices that minimize the incidental catch of living marine resources, and shall award grants to eligible permit holders who participate in the program. ``(2) Permissible uses.--Any permit holder receiving a grant under paragraph (1) may use such funds only for the purpose of covering-- ``(A) any fee originally associated with a permit authorizing participation in a large-scale driftnet fishery, if such permit is surrendered for permanent revocation, and such permit holder relinquishes any claim associated with the permit; ``(B) a forfeiture of fishing gear associated with a permit described in subparagraph (A); or ``(C) the purchase of alternative gear the use of which is likely to result in minimal incidental catch of living marine resources, if the fishery participant is authorized to continue fishing using such alternative gear. ``(3) Certification.--The Secretary shall certify that, with respect to each participant in the program under this subsection, any permit authorizing participation in a large- scale driftnet fishery has been permanently revoked and that no new permits will be issued to authorize such fishing.''. SEC. 5. EXCEPTION. Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before the semicolon the following: ``, unless such large-scale driftnet fishing-- ``(i) deploys, within the exclusive economic zone, a net with a total length of less than two and one-half kilometers and a mesh size of 14 inches or greater; and ``(ii) is conducted within 5 years of the date of enactment of the Driftnet Modernization and Bycatch Reduction Act of 2021''. all
H.R. 405 (Introduced in House) - Lead Endangers Animals Daily Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr405ih/html/BILLS-117hr405ih.htm	DOC 117th CONGRESS 1st Session H. R. 405 To require the Secretary of the Interior to prohibit the use of lead ammunition on United States Fish and Wildlife Service lands, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Lieu introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To require the Secretary of the Interior to prohibit the use of lead ammunition on United States Fish and Wildlife Service lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Lead Endangers Animals Daily Act of 2021'' or the ``LEAD Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1991, the United States Fish and Wildlife Service required the use of nontoxic ammunition for all waterfowl hunting. (2) Research has shown that the presence of lead in the environment poses a threat to human and wildlife health. (3) The Environmental Protection Agency has determined that lead is toxic to both humans and animals, and can negatively affect nearly every organ and system in the human body, including the heart, bones, intestines, kidneys, and reproductive and nervous systems. Lead exposure interferes with the development of the nervous system and is therefore particularly toxic to children, causing potentially permanent learning and behavioral disorders. (4) Lead is a potent neurotoxin, for which no safe exposure level exists for humans. The use of lead has been outlawed in and removed from paint, gasoline, children's toys, and many other items to protect human health and wildlife. (5) Wildlife, including federally listed threatened and endangered species, is at risk of lead toxicosis through the ingestion of lead ammunition, either directly by ingesting lead from spent ballistic materials while foraging, or indirectly by scavenging carcasses and viscera left by hunters. Lead may also pollute soil and water around outdoor shooting ranges. (6) Lead ammunition also endangers human food supplies. Dairy and beef cattle have developed lead poisoning after feeding in areas where spent lead ammunition has accumulated. Spent lead ammunition can also contaminate crops, vegetation, and waterways. (7) Humans are at risk of lead toxicosis through the consumption of game meat harvested with lead ammunition. (8) Alternatives to lead ammunition are readily available, and studies have shown that nonlead ammunition performs just as well as lead-based ammunition. (9) In January 2017, the outgoing Director of the United States Fish and Wildlife Service issued Director's Order 219. In March 2017, the Principal Deputy Director of the United States Fish and Wildlife Service repealed this Order. SEC. 3. NONTOXIC AMMUNITION. (a) In General.--Except as provided in subsection (c), and not later than 1 year after enactment, the Secretary, acting through the Director, shall issue final regulations prohibiting the discharge of any firearm using ammunition other than nonlead ammunition certified under subsection (b) on all lands and waters under the jurisdiction and control of the United States Fish and Wildlife Service. (b) Certification.--The Director shall, for the purposes of enforcing this section and in consultation with State and Tribal governments, establish and annually update a list of nonlead ammunition. (c) Exceptions.--The prohibition under subsection (a) shall not apply to-- (1) a Government official or agent carrying out a statutory duty unrelated to the management of wildlife; (2) a State, local, Tribal, or Federal law enforcement officer or the agent of such officer when carrying out a statutory duty; and (3) an active member of the United States military when carrying out official duties. (d) Penalties.--A person that knowingly violates subsection (a) may be assessed a civil penalty by the Secretary of no more than $500 for the first violation. A second or subsequent violation shall be punishable by a fine of not less than $1,000 or more than $5,000. (e) Definitions.--In this section: (1) Ammunition.--The term ``ammunition'' means any bullet, ball, sabot, slug, buckshot, shot, pellet, or other projectile that is expelled from a firearm through a barrel by force. (2) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (3) Explosive.--The term ``explosive'' has the meaning given such term in section 844 of title 18, United States Code. (4) Firearm.--The term ``firearm'' means any weapon which expels ammunition by the action of an explosive or compressed air. (5) Nonlead ammunition.--The term ``nonlead ammunition'' means ammunition in which there is no lead content, excluding the presence of trace amounts of lead. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Trace amounts.--The term ``trace amounts'' means one percent or less by weight of the total weight of the ammunition. all
H.R. 406 (Introduced in House) - Shark Sales Elimination Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr406ih/html/BILLS-117hr406ih.htm	DOC 117th CONGRESS 1st Session H. R. 406 To prohibit the sale of shark parts, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Lieu introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To prohibit the sale of shark parts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shark Sales Elimination Act of 2021''. SEC. 2. PROHIBITION ON SALE OF SHARK PARTS. (a) Prohibition.--Except as provided in subsection (c), no person shall possess, offer for sale, sell, or purchase any shark part or product containing any shark part. (b) Penalty.--For purposes of section 308(a) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)), a violation of this section shall be treated as an act prohibited by section 307 of that Act (16 U.S.C. 1857). (c) Exemption for Traditional Fisheries, Education, and Science.-- Subsection (a) shall not apply with respect to possession of a shark part that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark part is separated from the shark in a manner consistent with the license or permit and is-- (1) destroyed or discarded; (2) used for noncommercial subsistence purposes in accordance with State or territorial law; or (3) used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research. (d) State Authority.--Nothing in this Act affects any right of a State or territory of the United States to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this Act. (e) Definitions.--In this section: (1) Shark.--The term ``shark'' means any species of the orders Pristiophoriformes, Squatiniformes, Squaliformes, Hexanchiformes, Lamniformes, Carchariniformes, Orectolobiformes, and Heterodontiformes. (2) Shark part.--The term ``shark part'' means any shark or raw, dried, or otherwise processed detached part of a shark. all
H.R. 407 (Introduced in House) - Responsible Climate Action and American Competitiveness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr407ih/html/BILLS-117hr407ih.htm	DOC 117th CONGRESS 1st Session H. R. 407 To require a notification relating to the nationally determined contribution of the United States prior to any submission with respect to such contribution under article 4 of the Paris Agreement, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. McCaul (for himself, Mr. Burchett, Mrs. Wagner, Mr. Chabot, and Mr. Wilson of South Carolina) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require a notification relating to the nationally determined contribution of the United States prior to any submission with respect to such contribution under article 4 of the Paris Agreement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Climate Action and American Competitiveness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States is a world leader in addressing climate change risks through private sector-led innovation and technological advancement. (2) The United States Energy Information Administration estimates that United States energy-related carbon dioxide emissions, since peaking in 2007, have declined by an average of 1.3 percent per year, starting well before the United States became a party to the Paris Agreement. This decline brought greenhouse gas emissions to their lowest levels since 1992. (3) Nuclear energy accounts for nine of the ten highest- generating power plants in the United States, and produces one- third the carbon dioxide emissions of current solar technologies. (4) According to the International Energy Agency (IEA), in terms of carbon dioxide emissions, the United States has conducted ``the largest absolute decline among all countries since 2000''. (5) President Obama unilaterally joined the Paris Agreement without involving Congress, without consulting outside stakeholders such as energy companies, and without conducting a cost-benefit analysis, including an analysis of how a United States nationally determined contribution (NDC) would impact competitiveness with countries like the People's Republic of China (PRC) that threaten United States national and economic security. (6) A report prepared by NERA Economic Consulting in 2017 found that meeting the commitments President Obama made as part of the Paris Agreement could reduce the United States gross domestic product by $250,000,000,000 and eliminate 2,700,000 jobs by 2025. (7) Despite being the world's second largest economy, the PRC was permitted to be classified as a ``developing country'' for purposes of the Paris Agreement and abused this classification when making its NDC under the Paris Agreement. (8) The PRC is the world's largest emitter of greenhouse gases, and according to the NDC submitted by the Chinese Communist Party, it will continue raising emissions until 2030. (9) On September 22, 2020, CCP General Secretary Xi Jinping announced his intention for China to become carbon neutral by 2060, a full decade later than the 2050 target date committed to by other major economies. (10) According to the IEA, coal-fired power plants were the single largest emitter of carbon dioxide in 2018. China has dedicated over $50,000,000,000 through the Belt and Road Initiative to developing coal projects across 150 countries in the past seven years, signaling a lack of genuine intent to combat climate change. (11) During Paris negotiations, then-Secretary of State John Kerry acknowledged that even if all the developed world, which in this context does not include China, cut carbon dioxide emissions to zero, it would not offset the emissions coming from the rest of the globe. SEC. 3. CONGRESSIONAL NOTIFICATION WITH RESPECT TO THE PARIS AGREEMENT. (a) In General.--The President shall notify Congress not fewer than 30 days prior to submitting, pursuant to article 4 of the Paris Agreement, any nationally determined contribution (NDC) on behalf of the United States. (b) Matters To Be Included.--The notification required by subsection (a) shall include the following: (1) A detailed economic justification of the NDC. (2) A cost-benefit analysis of the NDC. (3) An analysis of the NDC's anticipated effect on global carbon dioxide emissions. (4) A description of how the United States will utilize numerous energy sources, including but not limited to nuclear, fossil fuel, and renewable technologies, to achieve the NDC. (5) A description of how the NDC will promote availability of diversified energy supplies and a well-functioning global market for energy resources, technologies, and expertise for the benefit of the United States and United States allies and trading partners. (6) An analysis of the NDCs submitted with respect to the Paris Agreement by the Government of the People's Republic of China and the Government of the Russian Federation, the anticipated effects on their respective domestic carbon dioxide emissions, and the anticipated effects on their respective global competitiveness. (7) A description of how the NDC will support United States efforts to counter malign Chinese and Russian influence and domination over energy supply chains. (8) A description of how the NDC will support United States international efforts to alleviate energy poverty. (9) A description of how the NDC will impact United States global economic competitiveness. (10) A description of how the NDC will impact United States national security interests. (c) Congressional Review.--Any NDC submitted pursuant to article 4 of the Paris Agreement shall be treated as a rule for the purposes of chapter 8 of title 5, United States Code (commonly known as the ``Congressional Review Act''). all
H.R. 408 (Engrossed in House) - Department of Homeland Security Mentor-Protégé Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr408eh/html/BILLS-117hr408eh.htm	DOC 117th CONGRESS 1st Session H. R. 408 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to establish a mentor- protege program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Mentor-Protege Program Act of 2021''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 890B. MENTOR-PROTEGE PROGRAM. ``(a) Establishment.--There is established in the Department a mentor-protege program (in this section referred to as the `Program') under which a mentor firm enters into an agreement with a protege firm for the purpose of assisting the protege firm to compete for prime contracts and subcontracts of the Department. ``(b) Eligibility.--The Secretary shall establish criteria for mentor firms and protege firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred. ``(c) Program Application and Approval.-- ``(1) Application.--The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protege firm selected by the mentor firm. The application shall include each of the following: ``(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protege firm. ``(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program. ``(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program. ``(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protege firm's developmental progress. ``(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program. ``(2) Approval.--Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration. ``(3) Rescission.--The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department. ``(d) Program Duration.--A mentor firm and protege firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months. ``(e) Program Benefits.--A mentor firm and protege firm that enter into an agreement under subsection (d) may receive the following Program benefits: ``(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program. ``(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protege firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protege firm. ``(3) A protege firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award. ``(f) Reporting.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that-- ``(1) identifies each agreement between a mentor firm and a protege firm entered into under this section, including the number of protege firm participants that are-- ``(A) small business concerns; ``(B) small business concerns owned and controlled by veterans; ``(C) small business concerns owned and controlled by service-disabled veterans; ``(D) qualified HUBZone small business concerns; ``(E) small business concerns owned and controlled by socially and economically disadvantaged individuals; ``(F) small business concerns owned and controlled by women; ``(G) historically Black colleges and universities; and ``(H) minority institutions of higher education; ``(2) describes the type of assistance provided by mentor firms to protege firms; ``(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protege firm under the Program; and ``(4) assesses the degree to which there has been-- ``(A) an increase in the technical capabilities of protege firms; and ``(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protege firms for the period covered by the report. ``(g) Rule of Construction.--Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control. ``(h) Definitions.--In this section: ``(1) Historically black college or university.--The term `historically Black college or university' means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code, as in effect on March 1, 2018. ``(2) Mentor firm.--The term `mentor firm' means a for- profit business concern that is not a small business concern that-- ``(A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and ``(B) satisfies any other requirements imposed by the Secretary. ``(3) Minority institution of higher education.--The term `minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). ``(4) Protege firm.--The term `protege firm' means a small business concern, a historically Black college or university, or a minority institution of higher education that-- ``(A) is eligible to enter into a prime contract or subcontract with the Department; and ``(B) satisfies any other requirements imposed by the Secretary. ``(5) Small business act definitions.--The terms `small business concern', `small business concern owned and controlled by veterans', `small business concern owned and controlled by service-disabled veterans', `qualified HUBZone small business concern', `and small business concern owned and controlled by women' have the meanings given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term `small business concern owned and controlled by socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item: ``Sec. 890B. Mentor-protege program.''. Passed the House of Representatives April 20, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 408 _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to establish a mentor- protege program, and for other purposes.
H.R. 408 (Introduced in House) - Department of Homeland Security Mentor-Protégé Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr408ih/html/BILLS-117hr408ih.htm	DOC 117th CONGRESS 1st Session H. R. 408 To amend the Homeland Security Act of 2002 to establish a mentor- protege program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. McEachin (for himself, Mr. Thompson of Mississippi, and Mr. Taylor) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To amend the Homeland Security Act of 2002 to establish a mentor- protege program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Mentor-Protege Program Act of 2021''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 890B. MENTOR-PROTEGE PROGRAM. ``(a) Establishment.--There is established in the Department a mentor-protege program (in this section referred to as the `Program') under which a mentor firm enters into an agreement with a protege firm for the purpose of assisting the protege firm to compete for prime contracts and subcontracts of the Department. ``(b) Eligibility.--The Secretary shall establish criteria for mentor firms and protege firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred. ``(c) Program Application and Approval.-- ``(1) Application.--The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protege firm selected by the mentor firm. The application shall include each of the following: ``(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protege firm. ``(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program. ``(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program. ``(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protege firm's developmental progress. ``(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program. ``(2) Approval.--Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration. ``(3) Rescission.--The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department. ``(d) Program Duration.--A mentor firm and protege firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months. ``(e) Program Benefits.--A mentor firm and protege firm that enter into an agreement under subsection (d) may receive the following Program benefits: ``(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program. ``(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protege firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protege firm. ``(3) A protege firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award. ``(f) Reporting.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that-- ``(1) identifies each agreement between a mentor firm and a protege firm entered into under this section, including the number of protege firm participants that are-- ``(A) small business concerns; ``(B) small business concerns owned and controlled by veterans; ``(C) small business concerns owned and controlled by service-disabled veterans; ``(D) qualified HUBZone small business concerns; ``(E) small business concerns owned and controlled by socially and economically disadvantaged individuals; ``(F) small business concerns owned and controlled by women; ``(G) historically Black colleges and universities; and ``(H) minority institutions of higher education; ``(2) describes the type of assistance provided by mentor firms to protege firms; ``(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protege firm under the Program; and ``(4) assesses the degree to which there has been-- ``(A) an increase in the technical capabilities of protege firms; and ``(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protege firms for the period covered by the report. ``(g) Rule of Construction.--Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control. ``(h) Definitions.--In this section: ``(1) Historically black college or university.--The term `historically Black college or university' means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code, as in effect on March 1, 2018. ``(2) Mentor firm.--The term `mentor firm' means a for- profit business concern that is not a small business concern that-- ``(A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and ``(B) satisfies any other requirements imposed by the Secretary. ``(3) Minority institution of higher education.--The term `minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). ``(4) Protege firm.--The term `protege firm' means a small business concern, a historically Black college or university, or a minority institution of higher education that-- ``(A) is eligible to enter into a prime contract or subcontract with the Department; and ``(B) satisfies any other requirements imposed by the Secretary. ``(5) Small business act definitions.--The terms `small business concern', `small business concern owned and controlled by veterans', `small business concern owned and controlled by service-disabled veterans', `qualified HUBZone small business concern', `and small business concern owned and controlled by women' have the meanings given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term `small business concern owned and controlled by socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item: ``Sec. 890B. Mentor-protege program.''. all
H.R. 408 (Referred in Senate) - Department of Homeland Security Mentor-Protégé Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr408rfs/html/BILLS-117hr408rfs.htm	DOC 117th CONGRESS 1st Session H. R. 408 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 22, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Homeland Security Act of 2002 to establish a mentor- protege program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Homeland Security Mentor-Protege Program Act of 2021''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 890B. MENTOR-PROTEGE PROGRAM. ``(a) Establishment.--There is established in the Department a mentor-protege program (in this section referred to as the `Program') under which a mentor firm enters into an agreement with a protege firm for the purpose of assisting the protege firm to compete for prime contracts and subcontracts of the Department. ``(b) Eligibility.--The Secretary shall establish criteria for mentor firms and protege firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred. ``(c) Program Application and Approval.-- ``(1) Application.--The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protege firm selected by the mentor firm. The application shall include each of the following: ``(A) A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protege firm. ``(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program. ``(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program. ``(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protege firm's developmental progress. ``(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program. ``(2) Approval.--Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration. ``(3) Rescission.--The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department. ``(d) Program Duration.--A mentor firm and protege firm approved under subsection (c) shall enter into an agreement to participate in the Program for a period of not less than 36 months. ``(e) Program Benefits.--A mentor firm and protege firm that enter into an agreement under subsection (d) may receive the following Program benefits: ``(1) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program. ``(2) With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protege firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protege firm. ``(3) A protege firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award. ``(f) Reporting.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that-- ``(1) identifies each agreement between a mentor firm and a protege firm entered into under this section, including the number of protege firm participants that are-- ``(A) small business concerns; ``(B) small business concerns owned and controlled by veterans; ``(C) small business concerns owned and controlled by service-disabled veterans; ``(D) qualified HUBZone small business concerns; ``(E) small business concerns owned and controlled by socially and economically disadvantaged individuals; ``(F) small business concerns owned and controlled by women; ``(G) historically Black colleges and universities; and ``(H) minority institutions of higher education; ``(2) describes the type of assistance provided by mentor firms to protege firms; ``(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protege firm under the Program; and ``(4) assesses the degree to which there has been-- ``(A) an increase in the technical capabilities of protege firms; and ``(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protege firms for the period covered by the report. ``(g) Rule of Construction.--Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate, except that, to the extent that any provision of this section (including subsection (h)) conflicts with any other provision of law, regulation, or policy, this section shall control. ``(h) Definitions.--In this section: ``(1) Historically black college or university.--The term `historically Black college or university' means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code, as in effect on March 1, 2018. ``(2) Mentor firm.--The term `mentor firm' means a for- profit business concern that is not a small business concern that-- ``(A) has the ability to assist and commits to assisting a protege to compete for Federal prime contracts and subcontracts; and ``(B) satisfies any other requirements imposed by the Secretary. ``(3) Minority institution of higher education.--The term `minority institution of higher education' means an institution of higher education with a student body that reflects the composition specified in section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b)). ``(4) Protege firm.--The term `protege firm' means a small business concern, a historically Black college or university, or a minority institution of higher education that-- ``(A) is eligible to enter into a prime contract or subcontract with the Department; and ``(B) satisfies any other requirements imposed by the Secretary. ``(5) Small business act definitions.--The terms `small business concern', `small business concern owned and controlled by veterans', `small business concern owned and controlled by service-disabled veterans', `qualified HUBZone small business concern', `and small business concern owned and controlled by women' have the meanings given such terms, respectively, under section 3 of the Small Business Act (15 U.S.C. 632). The term `small business concern owned and controlled by socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item: ``Sec. 890B. Mentor-protege program.''. Passed the House of Representatives April 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 409 (Introduced in House) - Emergency Pension Plan Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr409ih/html/BILLS-117hr409ih.htm	DOC 117th CONGRESS 1st Session H. R. 409 To provide relief for multiemployer and single employer pension plans, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Neal introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide relief for multiemployer and single employer pension plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Pension Plan Relief Act of 2021''. TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS SEC. 101. SPECIAL PARTITION RELIEF. (a) Appropriation.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end the following: ``(i)(1) An eighth fund shall be established for partition assistance to multiemployer pension plans, as provided under section 4233A, and to pay for necessary administrative and operating expenses relating to such assistance. ``(2) There is appropriated from the general fund such amounts as necessary for the costs of providing partition assistance under section 4233A and necessary administrative and operating expenses. The eighth fund established under this subsection shall be credited with such amounts from time to time as the Secretary of the Treasury determines appropriate, from the general fund of the Treasury, and such amounts shall remain available until expended.''. (b) Special Partition Authority.--The Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after section 4233 the following: ``SEC. 4233A. SPECIAL PARTITION RELIEF. ``(a) Special Partition Authority.-- ``(1) In general.--Upon the application of a plan sponsor of an eligible multiemployer plan for partition of the plan under this section, the corporation shall order a partition of the plan in accordance with this section. ``(2) Inapplicability of certain repayment obligation.--A plan receiving partition assistance pursuant to this section shall not be subject to repayment obligations under section 4261(b)(2). ``(b) Eligible Plans.-- ``(1) In general.--For purposes of this section, a multiemployer plan is an eligible multiemployer plan if-- ``(A) the plan is in critical and declining status (within the meaning of section 305(b)(6)) in any plan year beginning in 2020 through 2024; ``(B) a suspension of benefits has been approved with respect to the plan under section 305(e)(9) as of the date of the enactment of this section; ``(C) in any plan year beginning in 2020 through 2024, the plan is certified by the plan actuary to be in critical status (within the meaning of section 305(b)(2)), has a modified funded percentage of less than 40 percent, and has a ratio of active to inactive participants which is less than 2 to 3; or ``(D) the plan is insolvent for purposes of section 418E of the Internal Revenue Code of 1986 as of the date of enactment of this section, if the plan became insolvent after December 16, 2014, and has not been terminated by such date of enactment. ``(2) Modified funded percentage.--For purposes of paragraph (1)(C), the term `modified funded percentage' means the percentage equal to a fraction the numerator of which is current value of plan assets (as defined in section 3(26) of such Act) and the denominator of which is current liabilities (as defined in section 431(c)(6)(D) of such Code and section 304(c)(6)(D) of such Act). ``(c) Applications for Special Partition.-- ``(1) Guidance.--The corporation shall issue guidance setting forth requirements for special partition applications under this section not later than 120 days after the date of the enactment of this section. In such guidance, the corporation shall-- ``(A) limit the materials required for a special partition application to the minimum necessary to make a determination on the application; and ``(B) provide for an alternate application for special partition under this section, which may be used by a plan that has been approved for a partition under section 4233 before the date of enactment of this section. ``(2) Temporary priority consideration of applications.-- ``(A) In general.--The corporation may specify in guidance under paragraph (1) that, during the first 2 years following the date of enactment of this section, special partition applications will be provided priority consideration, if-- ``(i) the plan is likely to become insolvent within 5 years of the date of enactment of this section; ``(ii) the corporation projects a plan to have a present value of financial assistance payments under section 4261 that exceeds $1,000,000,000 if the special partition is not ordered; ``(iii) the plan has implemented benefit suspensions under section 305(e)(9) as of the date of the enactment of this section; or ``(iv) the corporation determines it appropriate based on other circumstances. ``(B) No effect on amount of assistance.--A plan that is approved for special partition assistance under this section shall not receive reduced special partition assistance on account of not receiving priority consideration under subparagraph (A). ``(3) Actuarial assumptions and other information.--The corporation shall accept assumptions incorporated in a multiemployer plan's determination that it is in critical status or critical and declining status (within the meaning of section 305(b)), or that the plan's modified funded percentage is less than 40 percent, unless such assumptions are clearly erroneous. The corporation may require such other information as the corporation determines appropriate for making a determination of eligibility and the amount of special partition assistance necessary under this section. ``(4) Application deadline.--Any application by a plan for special partition assistance under this section shall be submitted no later than December 31, 2026, and any revised application for special partition assistance shall be submitted no later than December 31, 2027. ``(5) Notice of application.--Not later than 120 days after the date of enactment of this section, the corporation shall issue guidance requiring multiemployer plans to notify participants and beneficiaries that the plan has applied for partition under this section, after the corporation has determined that the application is complete. Such notice shall reference the special partition relief internet website described in subsection (p). ``(d) Determinations on Applications.--A plan's application for special partition under this section that is timely filed in accordance with guidance issued under subsection (c)(1) shall be deemed approved and the corporation shall issue a special partition order unless the corporation notifies the plan within 120 days of the filing of the application that the application is incomplete or the plan is not eligible under this section. Such notice shall specify the reasons the plan is ineligible for a special partition or information needed to complete the application. If a plan is denied partition under this subsection, the plan may submit a revised application under this section. Any revised application for special partition submitted by a plan shall be deemed approved unless the corporation notifies the plan within 120 days of the filing of the revised application that the application is incomplete or the plan is not eligible under this section. A special partition order issued by the corporation shall be effective no later than 120 days after a plan's special partition application is approved by the corporation or deemed approved. ``(e) Amount and Manner of Special Partition Assistance.-- ``(1) In general.--The liabilities of an eligible multiemployer plan that the corporation assumes pursuant to a special partition order under this section shall be the amount necessary for the plan to meet its funding goals described in subsection (g). ``(2) No cap.--Liabilities assumed by the corporation pursuant to a special partition order under this section shall not be capped by the guarantee under section 4022A. The corporation shall have discretion on how liabilities of the plan are partitioned. ``(f) Successor Plan.-- ``(1) In general.--The plan created by a special partition order under this section is a successor plan to which section 4022A applies. ``(2) Plan sponsor and administrator.--The plan sponsor of an eligible multiemployer plan prior to the special partition and the administrator of such plan shall be the plan sponsor and the administrator, respectively, of the plan created by the partition. ``(g) Funding Goals.-- ``(1) In general.--The funding goals of a multiemployer plan eligible for partition under this section are both of the following: ``(A) The plan will remain solvent over 30 years with no reduction in a participant's or beneficiary's accrued benefit (except to the extent of a reduction in accordance with section 305(e)(8) adopted prior to the plan's application for partition under this section). ``(B) The funded percentage of the plan (disregarding partitioned benefits) at the end of the 30-year period is projected to be 80 percent. ``(2) Basis.--The funding projections under paragraph (1) shall be performed on a deterministic basis. ``(h) Restoration of Benefit Suspensions.--An eligible multiemployer plan that is partitioned under this section shall-- ``(1) reinstate any benefits that were suspended under section 305(e)(9) or section 4245(a), effective as of the first month the special partition order is effective, for participants or beneficiaries as of the effective date of the partition; and ``(2) provide payments equal to the amount of benefits previously suspended to any participants or beneficiaries in pay status as of the effective date of the special partition, payable in the form of a lump sum within 3 months of such effective date or in equal monthly installments over a period of 5 years, with no adjustment for interest. ``(i) Adjustment of Special Partition Assistance.-- ``(1) In general.--Every 5 years, the corporation shall adjust the special partition assistance described in subsection (e) as necessary for the eligible multiemployer plan to satisfy the funding goals described in subsection (g). If the 30-year period described in subsection (g) has lapsed, in applying this paragraph, 5 years shall be substituted for 30 years. ``(2) Submission of information.--An eligible multiemployer plan that is the subject of a special partition order under subsection (a) shall submit such information as the corporation may require to determine the amount of the adjustment under paragraph (1). ``(3) Cessation of adjustments.--Adjustments under this subsection with respect to special partition assistance for an eligible multiemployer plan shall cease and the corporation shall permanently assume liability for payment of any benefits transferred to the successor plan (subject to subsection (l)) beginning with the first plan year that the funded percentage of the eligible multiemployer plan (disregarding partitioned benefits) is at least 80 percent and the plan's projected funded percentage for each of the next 10 years is at least 80 percent. Any accumulated funding deficiency of the plan (within the meaning of section 304(a)) shall be reduced to zero as of the first day of the plan year for which partition assistance is permanent under this paragraph. ``(j) Conditions on Plans During Partition.-- ``(1) In general.--The corporation may impose, by regulation, reasonable conditions on an eligible multiemployer plan that is partitioned under section (a) relating to increases in future accrual rates and any retroactive benefit improvements, allocation of plan assets, reductions in employer contribution rates, diversion of contributions to, and allocation of, expenses to other retirement plans, and withdrawal liability. ``(2) Limitations.--The corporation shall not impose conditions on an eligible multiemployer plan as a condition of or following receipt of such partition assistance under this section relating to-- ``(A) any reduction in plan benefits (including benefits that may be adjusted pursuant to section 305(e)(8)); ``(B) plan governance, including selection of, removal of, and terms of contracts with, trustees, actuaries, investment managers, and other service providers; or ``(C) any funding rules relating to the plan that is partitioned under this section. ``(3) Condition.--An eligible multiemployer plan that is partitioned under subsection (a) shall continue to pay all premiums due under section 4007 for participants and beneficiaries in the plan created by a special partition order until the plan year beginning after a cessation of adjustments applies under subsection (i). ``(k) Withdrawal Liability.--An employer's withdrawal liability for purposes of this title shall be calculated taking into account any plan liabilities that are partitioned under subsection (a) until the plan year beginning after the expiration of 15 calendar years from the effective date of the partition. ``(l) Cessation of Partition Assistance.--If a plan that receives partition assistance under this section becomes insolvent for purposes of section 418E of the Internal Revenue Code of 1986, the plan shall no longer be eligible for assistance under this section and shall be eligible for assistance under section 4261. ``(m) Reporting.--An eligible multiemployer plan that receives partition assistance under this section shall file with the corporation a report, including the following information, in such manner (which may include electronic filing requirements) and at such time as the corporation requires: ``(1) The funded percentage (as defined in section 305(j)(2)) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage. ``(2) The market value of the assets of the plan (determined as provided in paragraph (1)) as of the last day of the plan year preceding such plan year. ``(3) The total value of all contributions made by employers and employees during the plan year preceding such plan year. ``(4) The total value of all benefits paid during the plan year preceding such plan year. ``(5) Cash flow projections for such plan year and the 9 succeeding plan years, and the assumptions used in making such projections. ``(6) Funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections. ``(7) The total value of all investment gains or losses during the plan year preceding such plan year. ``(8) Any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction. ``(9) A list of employers that withdrew from the plan in the plan year preceding such plan year, the payment schedule with respect to such withdrawal liability, and the resulting reduction in contributions. ``(10) A list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability. ``(11) Any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year, and whether such changes relate to the conditions of the partition assistance. ``(12) Details regarding any funding improvement plan or rehabilitation plan and updates to such plan. ``(13) The number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries. ``(14) The information contained on the most recent annual funding notice submitted by the plan under section 101(f). ``(15) The information contained on the most recent annual return under section 6058 of the Internal Revenue Code of 1986 and actuarial report under section 6059 of such Code of the plan. ``(16) Copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, financial reports, and copies of the portions of collective bargaining agreements relating to plan contributions, funding coverage, or benefits, and such other information as the corporation may reasonably require. Any information disclosed by a plan to the corporation that could identify individual employers shall be confidential and not subject to publication or disclosure. ``(n) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section and annually thereafter, the board of directors of the corporation shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a detailed report on the implementation and administration of this section. Such report shall include-- ``(A) information on the name and number of multiemployer plans that have applied for partition assistance under this section; ``(B) the name and number of such plans that have been approved for partition assistance under this section and the name and number of the plans that have not been approved for special partition assistance; ``(C) a detailed rationale for any decision by the corporation to not approve an application for special partition assistance; ``(D) the amount of special partition assistance provided to eligible multiemployer plans (including amounts provided on an individual plan basis and in the aggregate); ``(E) the name and number of the multiemployer plans that restored benefit suspensions and provided lump sum or monthly installment payments to participants or beneficiaries; ``(F) the amount of benefits that were restored and lump sum or monthly installment payments that were paid (including amounts provided on an individual plan basis and in the aggregate); ``(G) the name and number of the plans that received adjustments to partition assistance under subsection (i); ``(H) a list of, and rationale for, each reasonable condition imposed by the corporation on plans approved for special partition assistance under this section; ``(I) the contracts that have been awarded by the corporation to implement or administer this section; ``(J) the number, purpose, and dollar amounts of the contracts that have been awarded to implement or administer the section; ``(K) a detailed summary of the reports required under subsection (m); and ``(L) a detailed summary of the feedback received on the pension relief internet website established under subsection (p). ``(2) PBGC certification.--The board of directors of the corporation shall include with the report under paragraph (1) a certification and affirmation that the amount of special partition assistance provided to each plan under this section is the amount necessary to meet its funding goals under subsection (g), including, if applicable, any adjustment of special partition assistance as determined under subsection (i). ``(3) Confidentiality.--Congress may publicize the reports received under paragraph (1) only after redacting all sensitive or proprietary information. ``(o) GAO Report.--Not later than 1 year after the first partition application is approved by the corporation under this section, and biennially thereafter, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a detailed report on the actions of the corporation to implement and administer this section, including an examination of the contracts awarded by such corporation to carry out this section and an analysis of such corporation's compliance with subsections (e) and (g). ``(p) Special Partition Relief Website.-- ``(1) Establishment.--Not later than 120 days after the date of enactment of this section, the corporation shall establish and maintain a user-friendly, public-facing internet website to foster greater accountability and transparency in the implementation and administration of this section. ``(2) Purpose.--The internet website established and maintained under paragraph (1) shall be a portal to key information relating to this section for multiemployer plan administrators and trustees, plan participants, beneficiaries, participating employers, other stakeholders, and the public. ``(3) Content and function.--The internet website established under paragraph (1) shall-- ``(A) describe the nature and scope of the special partition authority and assistance under this section in a manner calculated to be understood by the average plan participant; ``(B) include published guidance, regulations, and all other relevant information on the implementation and administration of this section; ``(C) include, with respect to plan applications for special partition assistance-- ``(i) a general description of the process by which eligible plans can apply for special partition assistance, information on how and when the corporation will process and consider plan applications; ``(ii) information on how the corporation will address any incomplete applications as specified in under this section; ``(iii) a list of the plans that have applied for special partition assistance and, for each application, the date of submission of a completed application; ``(iv) the text of each plan's completed application for special partition assistance with appropriate redactions of personal, proprietary, or sensitive information; ``(v) the estimated date that a decision will be made by the corporation on each application; ``(vi) the actual date when such decision is made; ``(vii) the corporation's decision on each application; and ``(viii) as applicable, a detailed rationale for any decision not to approve a plan's application for special partition assistance; ``(D) provide detailed information on each contract solicited and awarded to implement or administer this section; ``(E) include reports, audits, and other relevant oversight and accountability information on this section, including the annual reports submitted by the board of directors of the corporation to Congress required under subsection (n), the Office of the Inspector General audits, correspondence, and publications, and the Government Accountability Office reports under subsection (o); ``(F) provide a clear means for multiemployer plan administrators, plan participants, beneficiaries, other stakeholders, and the public to contact the corporation and provide feedback on the implementation and administration of this section; and ``(G) be regularly updated to carry out the purposes of this subsection. ``(q) Office of Inspector General.--There is authorized to be appropriated to the corporation's Office of Inspector General $24,000,000 for fiscal year 2020, which shall remain available through September 30, 2028, for salaries and expenses necessary for conducting investigations and audits of the implementation and administration of this section. ``(r) Application of Excise Tax.--During the period that a plan is subject to a partition order under this section and prior to a cessation of adjustments pursuant to subsection (i)(3), the plan shall not be subject to section 4971 of the Internal Revenue Code of 1986.''. SEC. 102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN CRITICAL AND DECLINING STATUS. (a) Amendment to Internal Revenue Code of 1986.--Paragraph (9) of section 432(e) of the Internal Revenue Code of 1986 is repealed. (b) Amendment to Employee Retirement Income Security Act of 1974.-- Paragraph (9) of section 305(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)) is repealed. (c) Effective Date.--The repeals made by this section shall not apply to plans that have been approved for a suspension of benefit under section 432(e)(9)(G) of the Internal Revenue Code of 1986 and section 305(e)(9)(G) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)(9)(G)) before the date of the enactment of this Act. SEC. 103. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER PLANS AS IN ENDANGERED, CRITICAL, OR CRITICAL AND DECLINING STATUS. (a) In General.--Notwithstanding the actuarial certification under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986, if a plan sponsor of a multiemployer plan elects the application of this section, then, for purposes of section 305 of such Act and section 432 of such Code-- (1) the status of the plan for its first plan year beginning during the period beginning on March 1, 2020, and ending on February 28, 2021, or the next succeeding plan year (as designated by the plan sponsor in such election), shall be the same as the status of such plan under such sections for the plan year preceding such designated plan year, and (2) in the case of a plan which was in endangered or critical status for the plan year preceding the designated plan year described in paragraph (1), the plan shall not be required to update its plan or schedules under section 305(c)(6) of such Act and section 432(c)(6) of such Code, or section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of such Code, whichever is applicable, until the plan year following the designated plan year described in paragraph (1). If section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 did not apply to the plan year preceding the designated plan year described in paragraph (1), the plan actuary shall make a certification of the status of the plan under section 305(b)(3) of such Act and section 432(b)(3) of such Code for the preceding plan year in the same manner as if such sections had applied to such preceding plan year. (b) Exception for Plans Becoming Critical During Election.--If-- (1) an election was made under subsection (a) with respect to a multiemployer plan, and (2) such plan has, without regard to such election, been certified by the plan actuary under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986 to be in critical status for the designated plan year described in subsection (a)(1), then such plan shall be treated as a plan in critical status for such plan year for purposes of applying section 4971(g)(1)(A) of such Code, section 302(b)(3) of such Act (without regard to the second sentence thereof), and section 412(b)(3) of such Code (without regard to the second sentence thereof). (c) Election and Notice.-- (1) Election.--An election under subsection (a)-- (A) shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary's delegate may prescribe and, once made, may be revoked only with the consent of the Secretary, and (B) if made-- (i) before the date the annual certification is submitted to the Secretary or the Secretary's delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, shall be included with such annual certification, and (ii) after such date, shall be submitted to the Secretary or the Secretary's delegate not later than 30 days after the date of the election. (2) Notice to participants.-- (A) In general.--Notwithstanding section 305(b)(3)(D) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3)(D) of the Internal Revenue Code of 1986, if the plan is neither in endangered nor critical status by reason of an election made under subsection (a)-- (i) the plan sponsor of a multiemployer plan shall not be required to provide notice under such sections, and (ii) the plan sponsor shall provide to the participants and beneficiaries, the bargaining parties, the Pension Benefit Guaranty Corporation, and the Secretary of Labor a notice of the election under subsection (a) and such other information as the Secretary of the Treasury (in consultation with the Secretary of Labor) may require-- (I) if the election is made before the date the annual certification is submitted to the Secretary or the Secretary's delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, not later than 30 days after the date of the certification, and (II) if the election is made after such date, not later than 30 days after the date of the election. (B) Notice of endangered status.--Notwithstanding section 305(b)(3)(D) of such Act and section 432(b)(3)(D) of such Code, if the plan is certified to be in critical status for any plan year but is in endangered status by reason of an election made under subsection (a), the notice provided under such sections shall be the notice which would have been provided if the plan had been certified to be in endangered status. SEC. 104. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND REHABILITATION PERIODS FOR MULTIEMPLOYER PENSION PLANS IN CRITICAL AND ENDANGERED STATUS FOR 2020 OR 2021. (a) In General.--If the plan sponsor of a multiemployer plan which is in endangered or critical status for a plan year beginning in 2020 or 2021 (determined after application of section 4) elects the application of this section, then, for purposes of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986-- (1) except as provided in paragraph (2), the plan's funding improvement period or rehabilitation period, whichever is applicable, shall be 15 years rather than 10 years, and (2) in the case of a plan in seriously endangered status, the plan's funding improvement period shall be 20 years rather than 15 years. (b) Definitions and Special Rules.--For purposes of this section-- (1) Election.--An election under this section shall be made at such time, and in such manner and form, as (in consultation with the Secretary of Labor) the Secretary of the Treasury or the Secretary's delegate may prescribe. (2) Definitions.--Any term which is used in this section which is also used in section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such sections. (c) Effective Date.--This section shall apply to plan years beginning after December 31, 2019. SEC. 105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES. (a) Adjustments.-- (1) Amendment to employee retirement income security act of 1974.--Section 304(b)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1084(b)) is amended by adding at the end the following new subparagraph: ``(F) Relief for 2020 and 2021.--A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph by substituting `February 29, 2020' for `August 31, 2008' each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) (without regard to whether such plan previously elected the application of this paragraph). The preceding sentence shall not apply to a plan with respect to which a partition order is in effect under section 4233A.''. (2) Amendment to internal revenue code of 1986.--Section 431(b)(8) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Relief for 2020 and 2021.--A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph by substituting `February 29, 2020' for `August 31, 2008' each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II) (without regard to whether such plan previously elected the application of this paragraph). The preceding sentence shall not apply to a plan with respect to which a partition order is in effect under section 4233A of the Employee Retirement Income Security Act of 1974.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall take effect as of the first day of the first plan year ending on or after February 29, 2020, except that any election a plan makes pursuant to this section that affects the plan's funding standard account for the first plan year beginning after February 29, 2020, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to such plan year. (2) Restrictions on benefit increases.--Notwithstanding paragraph (1), the restrictions on plan amendments increasing benefits in sections 304(b)(8)(D) of such Act and 431(b)(8)(D) of such Code, as applied by the amendments made by this section, shall take effect on the date of enactment of this Act. SEC. 106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTIEMPLOYER PLANS. Section 4022A(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) 100 percent of the accrual rate up to $15, plus 75 percent of the lesser of-- ``(i) $70; or ``(ii) the accrual rate, if any, in excess of $15; and ``(B) the number of the participant's years of credited service. For each calendar year after the first full calendar year following the date of the enactment of the Emergency Pension Plan Relief Act of 2021, the accrual rates in subparagraph (A) shall increase by the national average wage index (as defined in section 209(k)(1) of the Social Security Act). For purposes of this subsection, the rates applicable for determining the guaranteed benefits of the participants of any plan shall be the rates in effect for the calendar year in which the plan becomes insolvent under section 4245 or the calendar year in which the plan is terminated, if earlier.''. TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS SEC. 201. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS. (a) 15-Year Amortization Under the Internal Revenue Code of 1986.-- Section 430(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) 15-year amortization.--With respect to plan years beginning after December 31, 2019-- ``(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2019 (and all shortfall amortization installments determined with respect to such bases), shall be reduced to zero, and ``(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting `15-plan-year period' for `7-plan-year period'.''. (b) 15-Year Amortization Under the Employee Retirement Income Security Act of 1974.--Section 303(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is amended by adding at the end the following new paragraph: ``(8) 15-year amortization.--With respect to plan years beginning after December 31, 2019-- ``(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2019 (and all shortfall amortization installments determined with respect to such bases), shall be reduced to zero, and ``(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting `15-plan-year period' for `7-plan-year period'.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2019. SEC. 202. EXTENSION OF PENSION FUNDING STABILIZATION PERCENTAGES FOR SINGLE EMPLOYER PLANS. (a) Amendments to Internal Revenue Code of 1986.-- (1) In general.--The table contained in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows: ------------------------------------------------------------------------ The The applicable applicable ``If the calendar year is: minimum maximum percentage percentage is: is: ------------------------------------------------------------------------ Any year in the period starting in 2012 and 90% 110% ending in 2019............................... Any year in the period starting in 2020 and 95% 105% ending in 2025............................... 2026.......................................... 90% 110% 2027.......................................... 85% 115% 2028.......................................... 80% 120% 2029.......................................... 75% 125% After 2029.................................... 70% 130%.''. ------------------------------------------------------------------------ (2) Floor on 25-year averages.--Subclause (I) of section 430(h)(2)(C)(iv) of such Code is amended by adding at the end the following: ``Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.''. (b) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--The table contained in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as follows: ------------------------------------------------------------------------ The The applicable applicable ``If the calendar year is: minimum maximum percentage percentage is: is: ------------------------------------------------------------------------ Any year in the period starting in 2012 and 90% 110% ending in 2019............................... Any year in the period starting in 2020 and 95% 105% ending in 2025............................... 2026.......................................... 90% 110% 2027.......................................... 85% 115% 2028.......................................... 80% 120% 2029.......................................... 75% 125% After 2029.................................... 70% 130%.''. ------------------------------------------------------------------------ (2) Conforming amendments.-- (A) In general.--Section 101(f)(2)(D) of such Act (29 U.S.C. 1021(f)(2)(D)) is amended-- (i) in clause (i) by striking ``and the Bipartisan Budget Act of 2015'' both places it appears and inserting ``, the Bipartisan Budget Act of 2015, and the Emergency Pension Plan Relief Act of 2021'', and (ii) in clause (ii) by striking ``2023'' and inserting ``2029''. (B) Statements.--The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section. (3) Floor on 25-year averages.--Subclause (I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding at the end the following: ``Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after December 31, 2019. all
H.R. 40 (Introduced in House) - Commission to Study and Develop Reparation Proposals for African Americans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr40ih/html/BILLS-117hr40ih.htm	DOC 117th CONGRESS 1st Session H. R. 40 To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Ms. Jackson Lee (for herself, Ms. Plaskett, Mr. Rush, Mr. Espaillat, Mrs. Watson Coleman, Ms. Norton, Ms. Castor of Florida, Ms. Lee of California, Mr. Khanna, Mrs. Beatty, Mr. McNerney, Mr. Norcross, Mr. Ruppersberger, Ms. Eshoo, Mr. Cooper, Mr. Connolly, Ms. Meng, Mr. Raskin, Mr. Welch, Mrs. Trahan, Ms. Pressley, Ms. Clarke of New York, Mr. Jeffries, Mr. Sarbanes, Mr. Bishop of Georgia, Ms. DeGette, Mr. Kildee, Ms. Bonamici, Mr. Green of Texas, Ms. Moore of Wisconsin, Mrs. Dingell, Ms. Adams, Ms. Williams of Georgia, Mr. Beyer, Ms. Clark of Massachusetts, Mr. Crow, Mr. Suozzi, Mr. Cicilline, Mr. Nadler, Mr. McGovern, Ms. DelBene, Mr. Lynch, Mr. Jones, Mr. Blumenauer, Mr. Keating, Mr. Neguse, Ms. Blunt Rochester, Mr. Evans, Ms. Speier, Ms. McCollum, Ms. Jayapal, Mr. Meeks, Ms. Strickland, Ms. Scanlon, Ms. Velazquez, Mr. Deutch, Mr. Cohen, Mr. Payne, Mr. Morelle, Ms. Wilson of Florida, Mrs. Demings, Mr. Bera, Mr. Takano, Mr. Brendan F. Boyle of Pennsylvania, Ms. Schakowsky, Mrs. Lawrence, Ms. Titus, Mr. Lieu, Mr. Mfume, Mr. Carson, Ms. Fudge, Mr. David Scott of Georgia, Ms. Barragan, Mr. Quigley, Mr. Danny K. Davis of Illinois, Mr. Vargas, Mr. Larson of Connecticut, Mr. Thompson of Mississippi, Mr. Brown, Ms. Wasserman Schultz, Mr. Lowenthal, Mr. Kilmer, Mr. Neal, Mr. Pallone, Ms. Sewell, Ms. Matsui, Mr. Lawson of Florida, Mr. Thompson of California, Mr. Yarmuth, Mr. Costa, Mr. Horsford, Ms. Pingree, Mr. Soto, Ms. Dean, Mrs. Hayes, Mr. Casten, Mr. DeSaulnier, Mr. Pocan, Mr. Gomez, Mr. Veasey, Miss Rice of New York, Ms. Lofgren, Mr. Johnson of Georgia, Ms. Kaptur, Ms. Omar, Ms. Bass, Mr. Peters, Ms. Garcia of Texas, Ms. Escobar, Mr. Swalwell, Mr. Butterfield, Ms. Kelly of Illinois, Mr. Bowman, Ms. Ocasio-Cortez, Ms. Tlaib, Ms. Chu, Mr. Panetta, Mr. Foster, and Ms. Bush) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To address the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the United States and the 13 American colonies between 1619 and 1865 and to establish a commission to study and consider a national apology and proposal for reparations for the institution of slavery, its subsequent de jure and de facto racial and economic discrimination against African Americans, and the impact of these forces on living African Americans, to make recommendations to the Congress on appropriate remedies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission to Study and Develop Reparation Proposals for African Americans Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) approximately 4,000,000 Africans and their descendants were enslaved in the United States and colonies that became the United States from 1619 to 1865; (2) the institution of slavery was constitutionally and statutorily sanctioned by the Government of the United States from 1789 through 1865; (3) the slavery that flourished in the United States constituted an immoral and inhumane deprivation of Africans' life, liberty, African citizenship rights, and cultural heritage, and denied them the fruits of their own labor; (4) a preponderance of scholarly, legal, community evidentiary documentation and popular culture markers constitute the basis for inquiry into the on-going effects of the institution of slavery and its legacy of persistent systemic structures of discrimination on living African Americans and society in the United States; (5) following the abolition of slavery the United States Government, at the Federal, State, and local level, continued to perpetuate, condone and often profit from practices that continued to brutalize and disadvantage African Americans, including share cropping, convict leasing, Jim Crow, redlining, unequal education, and disproportionate treatment at the hands of the criminal justice system; and (6) as a result of the historic and continued discrimination, African Americans continue to suffer debilitating economic, educational, and health hardships including but not limited to having nearly 1,000,000 Black people incarcerated; an unemployment rate more than twice the current White unemployment rate; and an average of less than \1/16\ of the wealth of White families, a disparity which has worsened, not improved over time. (b) Purpose.--The purpose of this Act is to establish a commission to study and develop Reparation proposals for African Americans as a result of-- (1) the institution of slavery, including both the Trans- Atlantic and the domestic ``trade'' which existed from 1565 in colonial Florida and from 1619 through 1865 within the other colonies that became the United States, and which included the Federal and State governments which constitutionally and statutorily supported the institution of slavery; (2) the de jure and de facto discrimination against freed slaves and their descendants from the end of the Civil War to the present, including economic, political, educational, and social discrimination; (3) the lingering negative effects of the institution of slavery and the discrimination described in paragraphs (1) and (2) on living African Americans and on society in the United States; (4) the manner in which textual and digital instructional resources and technologies are being used to deny the inhumanity of slavery and the crime against humanity of people of African descent in the United States; (5) the role of Northern complicity in the Southern based institution of slavery; (6) the direct benefits to societal institutions, public and private, including higher education, corporations, religious and associational; (7) and thus, recommend appropriate ways to educate the American public of the Commission's findings; (8) and thus, recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1), (2), (3), (4), (5), and (6); and (9) submit to the Congress the results of such examination, together with such recommendations. SEC. 3. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Commission to Study and Develop Reparation Proposals for African Americans (hereinafter in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Identify, compile and synthesize the relevant corpus of evidentiary documentation of the institution of slavery which existed within the United States and the colonies that became the United States from 1619 through 1865. The Commission's documentation and examination shall include but not be limited to the facts related to-- (A) the capture and procurement of Africans; (B) the transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport; (C) the sale and acquisition of Africans as chattel property in interstate and intrastate commerce; (D) the treatment of African slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; and (E) the extensive denial of humanity, sexual abuse and the chatellization of persons. (2) The role which the Federal and State governments of the United States supported the institution of slavery in constitutional and statutory provisions, including the extent to which such governments prevented, opposed, or restricted efforts of formerly enslaved Africans and their descendants to repatriate to their homeland. (3) The Federal and State laws that discriminated against formerly enslaved Africans and their descendants who were deemed United States citizens from 1868 to the present. (4) The other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were deemed United States citizens from 1868 to the present, including redlining, educational funding discrepancies, and predatory financial practices. (5) The lingering negative effects of the institution of slavery and the matters described in paragraphs (1), (2), (3), (4), (5), and (6) on living African Americans and on society in the United States. (6) Recommend appropriate ways to educate the American public of the Commission's findings. (7) Recommend appropriate remedies in consideration of the Commission's findings on the matters described in paragraphs (1), (2), (3), (4), (5), and (6). In making such recommendations, the Commission shall address among other issues, the following questions: (A) How such recommendations comport with international standards of remedy for wrongs and injuries caused by the State, that include full reparations and special measures, as understood by various relevant international protocols, laws, and findings. (B) How the Government of the United States will offer a formal apology on behalf of the people of the United States for the perpetration of gross human rights violations and crimes against humanity on African slaves and their descendants. (C) How Federal laws and policies that continue to disproportionately and negatively affect African Americans as a group, and those that perpetuate the lingering effects, materially and psycho-social, can be eliminated. (D) How the injuries resulting from matters described in paragraphs (1), (2), (3), (4), (5), and (6) can be reversed and provide appropriate policies, programs, projects and recommendations for the purpose of reversing the injuries. (E) How, in consideration of the Commission's findings, any form of compensation to the descendants of enslaved African is calculated. (F) What form of compensation should be awarded, through what instrumentalities and who should be eligible for such compensation. (G) How, in consideration of the Commission's findings, any other forms of rehabilitation or restitution to African descendants is warranted and what the form and scope of those measures should take. (c) Report to Congress.--The Commission shall submit a written report of its findings and recommendations to the Congress not later than the date which is one year after the date of the first meeting of the Commission held pursuant to section 4(c). SEC. 4. MEMBERSHIP. (a) Number and Appointment.--(1) The Commission shall be composed of 13 members, who shall be appointed, within 90 days after the date of enactment of this Act, as follows: (A) Three members shall be appointed by the President. (B) Three members shall be appointed by the Speaker of the House of Representatives. (C) One member shall be appointed by the President pro tempore of the Senate. (D) Six members shall be selected from the major civil society and reparations organizations that have historically championed the cause of reparatory justice. (2) All members of the Commission shall be persons who are especially qualified to serve on the Commission by virtue of their education, training, activism or experience, particularly in the field of African American studies and reparatory justice. (b) Terms.--The term of office for members shall be for the life of the Commission. A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the same manner in which the original appointment was made. (c) First Meeting.--The President shall call the first meeting of the Commission within 120 days after the date of the enactment of this Act or within 30 days after the date on which legislation is enacted making appropriations to carry out this Act, whichever date is later. (d) Quorum.--Seven members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Chair and Vice Chair.--The Commission shall elect a Chair and Vice Chair from among its members. The term of office of each shall be for the life of the Commission. (f) Compensation.--(1) Except as provided in paragraph (2), each member of the Commission shall receive compensation at the daily equivalent of the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day, including travel time, during which he or she is engaged in the actual performance of duties vested in the Commission. (2) A member of the Commission who is a full-time officer or employee of the United States or a Member of Congress shall receive no additional pay, allowances, or benefits by reason of his or her service to the Commission. (3) All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties to the extent authorized by chapter 57 of title 5, United States Code. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out the provisions of this Act, hold such hearings and sit and act at such times and at such places in the United States, and request the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission considers appropriate. The Commission may invoke the aid of an appropriate United States district court to require, by subpoena or otherwise, such attendance, testimony, or production. (b) Powers of Subcommittees and Members.--Any subcommittee or member of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may acquire directly from the head of any department, agency, or instrumentality of the executive branch of the Government, available information which the Commission considers useful in the discharge of its duties. All departments, agencies, and instrumentalities of the executive branch of the Government shall cooperate with the Commission with respect to such information and shall furnish all information requested by the Commission to the extent permitted by law. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Staff.--The Commission may, without regard to section 5311(b) of title 5, United States Code, appoint and fix the compensation of such personnel as the Commission considers appropriate. (b) Applicability of Certain Civil Service Laws.--The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the compensation of any employee of the Commission may not exceed a rate equal to the annual rate of basic pay payable for GS-18 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure the services of experts and consultants in accordance with the provisions of section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the highest rate payable under section 5332 of such title. (d) Administrative Support Services.--The Commission may enter into agreements with the Administrator of General Services for procurement of financial and administrative services necessary for the discharge of the duties of the Commission. Payment for such services shall be made by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the Administrator. (e) Contracts.--The Commission may-- (1) procure supplies, services, and property by contract in accordance with applicable laws and regulations and to the extent or in such amounts as are provided in appropriations Acts; and (2) enter into contracts with departments, agencies, and instrumentalities of the Federal Government, State agencies, and private firms, institutions, and agencies, for the conduct of research or surveys, the preparation of reports, and other activities necessary for the discharge of the duties of the Commission, to the extent or in such amounts as are provided in appropriations Acts. SEC. 7. TERMINATION. The Commission shall terminate 90 days after the date on which the Commission submits its report to the Congress under section 3(c). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out the provisions of this Act, there are authorized to be appropriated $12,000,000. all
"H.R. 410 (Introduced in House)- To establish the National Commission on the Insurrectionist Attack 
Upon the United States Capitol."	https://www.govinfo.gov/content/pkg/BILLS-117hr410ih/html/BILLS-117hr410ih.htm	DOC 117th CONGRESS 1st Session H. R. 410 To establish the National Commission on the Insurrectionist Attack Upon the United States Capitol. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Ms. Norton (for herself, Mr. Lynch, and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To establish the National Commission on the Insurrectionist Attack Upon the United States Capitol. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF COMMISSION. There is established in the legislative branch the National Commission on the Insurrectionist Attack Upon the United States Capitol (hereafter referred to as the ``Commission''). SEC. 2. PURPOSES. The purposes of the Commission are to-- (1) make a full and complete accounting of the circumstances surrounding the insurrectionist attack of January 6, 2021, occurring at the United States Capitol, and the extent of the United States preparedness for, and immediate response to, the attack; and (2) report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of insurrection and domestic terrorism. SEC. 3. COMPOSITION OF COMMISSION. (a) Members.--The Commission shall be composed of 10 members, of whom-- (1) 1 member shall be appointed by the President, who shall serve as Chair of the Commission; (2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Republican Party, who shall serve as Vice Chair of the Commission; (3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party; (4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party; (5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and (6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party. (b) Qualifications; Initial Meeting.-- (1) Political party affiliation.--Not more than 5 members of the Commission shall be from the same political party. (2) Nongovernmental appointees.--An individual appointed to the Commission may not be an officer or employee of the Federal Government or any State or local government. (3) Other qualifications.--It is the sense of Congress that individuals appointed to the Commission should be prominent United States citizens, with national recognition and significant depth of experience in such professions as governmental service, law enforcement, the armed services, law, public administration, intelligence gathering, and racial justice. (4) Deadline for appointment.--All members of the Commission shall be appointed not later than one month after the date of the enactment of this Act. (5) Initial meeting.--The Commission shall meet and begin the initial operation of the Commission as soon as practicable. (c) Quorum; Vacancies.--After its initial meeting, the Commission shall meet upon the call of the Chair or a majority of its members. Six members of the Commission shall constitute a quorum. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. (d) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. (e) Travel Expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 4. FUNCTIONS OF COMMISSION. The functions of the Commission are to-- (1) conduct an investigation that-- (A) investigates relevant facts and circumstances relating to the insurrectionist attack of January 6, 2021, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; (B) ascertains, evaluates, and reports on the evidence developed by all relevant governmental agencies and nongovernmental sources regarding the facts and circumstances surrounding the attack; (C) builds upon the investigations of other entities, and avoids unnecessary duplication, by reviewing the findings, conclusions, and recommendations of prior executive branch, congressional, or independent commission investigations into the insurrectionist attack of January 6, 2021, other insurrectionist and domestic terrorist attacks, and domestic terrorism generally; and (D) may include relevant facts and circumstances relating to-- (i) intelligence agencies; (ii) law enforcement agencies, including the impact, if any, of the race of the attackers on the response of law enforcement; (iii) the flow of assets to insurrectionist and domestic terrorist organizations; (iv) the role of congressional oversight and resource allocation; and (v) other areas of the public and private sectors determined relevant by the Commission for its inquiry; (2) identify, review, and evaluate the lessons learned from the insurrectionist attack of January 6, 2021, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such insurrectionist attacks; and (3) submit to the President and Congress such reports as are required by this Act containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations. SEC. 5. POWERS OF COMMISSION. (a) In General.-- (1) Hearings and evidence.--The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act-- (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable. (2) Subpoenas.-- (A) Issuance.-- (i) In general.--A subpoena may be issued under this subsection only-- (I) by the agreement of the Chair and the Vice Chair; or (II) by the affirmative vote of 6 members of the Commission. (ii) Signature.--Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the Chair or any member designated by a majority of the Commission, and may be served by any person designated by the Chair or by a member designated by a majority of the Commission. (B) Enforcement.-- (i) In general.--In the case of contumacy or failure to obey a subpoena issued under subsection (a), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court. (ii) Additional enforcement.--In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194). (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (c) Obtaining Official Data.-- (1) In general.--The Commission may secure directly from any department or agency of the Government information necessary to enable it to carry out this Act. Upon request of the Chair, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission. (2) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (d) Assistance From Federal Agencies.-- (1) General services administration.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (f) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. SEC. 6. STAFF OF COMMISSION. (a) Appointment; Compensation.--The Chair, in consultation with the Vice Chair, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a Staff Director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) Coverage Under Congressional Accountability Act of 1995.--For purposes of the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.)-- (1) the Commission shall be considered an employing office; and (2) the personnel of the Commission shall be considered covered employees. (c) Experts and Consultants.--The Commission is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Staff of Federal Agencies.--The head of any Federal department or agency may detail, on a non-reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 7. SECURITY CLEARANCES FOR MEMBERS AND STAFF. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 8. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public Meetings and Release of Public Versions of Reports.--The Commission shall-- (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 9. (c) Conduct of Public Hearings.--Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable statute, regulation, or Executive order. SEC. 9. REPORTS; TERMINATION. (a) Interim Reports.--The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (b) Final Report.--Not later than 18 months after the date of the enactment of this Act, the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. (c) Termination.-- (1) In general.--The Commission, and all the authorities of this Act, shall terminate upon the expiration of the 60-day period which begins on the date on which the Commission submits the final report under subsection (b). (2) Administrative activities before termination.--The Commission may use the 60-day period referred to in paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Availability of Funds.--Amounts appropriated pursuant to the authorization under this section shall remain available until expended. all
H.R. 411 (Introduced in House) - District of Columbia Legislative Autonomy Act	https://www.govinfo.gov/content/pkg/BILLS-117hr411ih/html/BILLS-117hr411ih.htm	DOC 117th CONGRESS 1st Session H. R. 411 To amend the District of Columbia Home Rule Act to eliminate congressional review of newly passed District laws. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the District of Columbia Home Rule Act to eliminate congressional review of newly passed District laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES IN ACT. (a) Short Title.--This Act may be cited as the ``District of Columbia Legislative Autonomy Act''. (b) References in Act.--Except as may otherwise be provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the District of Columbia Home Rule Act. SEC. 2. ELIMINATION OF CONGRESSIONAL REVIEW OF NEWLY PASSED DISTRICT LAWS. (a) In General.--Section 602 (sec. 1-206.02, D.C. Official Code) is amended by striking subsection (c). (b) Congressional Resolutions of Disapproval.-- (1) In general.--The District of Columbia Home Rule Act is amended by striking section 604 (sec. 1-206.04, D.C. Official Code). (2) Clerical amendment.--The table of contents is amended by striking the item relating to section 604. (3) Exercise of rulemaking power.--This subsection and the amendments made by this subsection are enacted by Congress-- (A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as a part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. (c) Conforming Amendments.-- (1) District of columbia home rule act.--(A) Section 303 (sec. 1-203.03, D.C. Official Code) is amended-- (i) in subsection (a), by striking the second sentence; and (ii) by striking subsection (b) and redesignating subsections (c) and (d) as subsections (b) and (c). (B) Section 404 (sec. 1-204.04, D.C. Official Code), as amended by the Local Budget Autonomy Amendment Act of 2012, is amended by striking ``subject to the provisions of section 602(c)'' each place it appears in subsections (e) and (f). (C) Section 446 (sec. 1-204.46, D.C. Official Code), as amended by section 2(e) of the Local Budget Autonomy Amendment Act of 2012, is amended-- (i) in the second sentence of subsection (a), by striking ``pursuant to the procedure set forth in section 602(c)''; (ii) in subsection (c) in the matter preceding paragraph (1), by striking ``section 472(d)(2)'' and inserting ``section 472(d)''; (iii) in subsection (c) in the matter preceding paragraph (1), by striking ``section 475(e)(2)'' and inserting ``section 475(e)''; and (iv) in paragraph (1) of subsection (c), by striking ``and has completed the review process under section 602(c)(3)''. (D) Section 462 (sec. 1-204.62, D.C. Official Code) is amended-- (i) in subsection (a), by striking ``(a) The Council'' and inserting ``The Council''; and (ii) by striking subsections (b) and (c). (E) Section 472(d) (sec. 1-204.72(d), D.C. Official Code), as amended by section 2(h) of the Local Budget Autonomy Amendment Act of 2012, is amended to read as follows: ``(d) Payments Not Subject to Appropriation.--Section 446(c) shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a).''. (F) Section 475(e) (sec. 1-204.75(e), D.C. Official Code), as amended by section 2(h) of the Local Budget Autonomy Amendment Act of 2012, is amended to read as follows: ``(e) Payments Not Subject to Appropriation.--Section 446(c) shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under this section.''. (2) Other laws.--(A) Section 2(b)(1) of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1-204.102(b)(1). D.C. Official Code) is amended by striking ``the appropriate custodian'' and all that follows through ``portion of such act to''. (B) Section 5 of Amendment No. 1 (relating to initiative and referendum) to title IV (the District Charter) (sec. 1- 204.105, D.C. Official Code) is amended by striking ``, and such act'' and all that follows and inserting a period. (C) Section 16 of the District of Columbia Election Code of 1955 (sec. 1-1001.16, D.C. Official Code)-- (i) in subsection (j)(2)-- (I) by striking ``sections 404 and 602(c)'' and inserting ``section 404'', and (II) by striking the second sentence; and (ii) in subsection (m)-- (I) in the first sentence, by striking ``the appropriate custodian'' and all that follows through ``parts of such act to'', (II) by striking ``is held. If, however, after'' and inserting ``is held unless, under'', and (III) by striking ``section, the act which'' and all that follows and inserting ``section.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to each act of the District of Columbia-- (1) passed by the Council of the District of Columbia and signed by the Mayor of the District of Columbia; (2) vetoed by the Mayor and repassed by the Council; (3) passed by the Council and allowed to become effective by the Mayor without the Mayor's signature; or (4) in the case of initiated acts and acts subject to referendum, ratified by a majority of the registered qualified electors voting on the initiative or referendum, on or after October 1, 2021. all
H.R. 412 (Introduced in House)- To prohibit the payment of death gratuities to the surviving heirs ofdeceased Members of Congress.	https://www.govinfo.gov/content/pkg/BILLS-117hr412ih/html/BILLS-117hr412ih.htm	DOC 117th CONGRESS 1st Session H. R. 412 To prohibit the payment of death gratuities to the surviving heirs of deceased Members of Congress. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To prohibit the payment of death gratuities to the surviving heirs of deceased Members of Congress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITING PAYMENT OF GRATUITIES TO SURVIVORS OF MEMBERS OF CONGRESS. (a) Prohibition.--No payment may be made from the applicable accounts of the House of Representatives, the contingent fund of the Senate, or any other appropriated funds for a death gratuity payment to the widow, widower, or heirs-at-law of any Member of Congress who dies after the commencement of the Congress to which the Member has been elected. (b) No Effect on Other Payments to Survivors.--Nothing in subsection (a) shall be construed to prohibit or affect the payment to any individual of any unpaid balance or salary or other sums due to a Member of Congress who dies after the commencement of the Congress to which the Member has been elected. SEC. 2. DEFINITION. For purposes of this Act, a ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. all
H.R. 413 (Introduced in House) - Security And Fairness Enhancement for America Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr413ih/html/BILLS-117hr413ih.htm	DOC 117th CONGRESS 1st Session H. R. 413 To amend the Immigration and Nationality Act to eliminate the diversity immigrant program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to eliminate the diversity immigrant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as-- (1) the ``Security And Fairness Enhancement for America Act of 2021''; or (2) the ``SAFE for America Act of 2021''. SEC. 2. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM. (a) Worldwide Level of Diversity Immigrants.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (a)-- (A) by inserting ``and'' at the end of paragraph (1); (B) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3); and (2) by striking subsection (e). (b) Allocation of Diversity Immigrant Visas.--Section 203 of such Act (8 U.S.C. 1153) is amended-- (1) by striking subsection (c); (2) in subsection (d), by striking ``(a), (b), or (c),'' and inserting ``(a) or (b),''; (3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4) in subsection (f), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (5) in subsection (g), by striking ``(a), (b), and (c)'' and inserting ``(a) and (b)''. (c) Procedure for Granting Immigrant Status.--Section 204 of such Act (8 U.S.C. 1154) is amended-- (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''. (d) Effective Date.--The amendments made by this section shall take effect on October 1, 2021. all
H.R. 414 (Introduced in House) - Public Service Integrity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr414ih/html/BILLS-117hr414ih.htm	DOC 117th CONGRESS 1st Session H. R. 414 To amend title 18, United States Code, to establish a uniform 5-year post-employment ban on all lobbying by former Members of Congress, to establish a uniform 2-year post-employment ban on all lobbying by former officers and employees of Congress, to lower the income threshold for applying such ban to former officers and employees of Congress, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to establish a uniform 5-year post-employment ban on all lobbying by former Members of Congress, to establish a uniform 2-year post-employment ban on all lobbying by former officers and employees of Congress, to lower the income threshold for applying such ban to former officers and employees of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Service Integrity Act''. SEC. 2. RESTRICTIONS ON LOBBYING BY FORMER MEMBERS OF CONGRESS. (a) 5-Year Post-Employment Ban on All Lobbying.-- (1) Former senators.--Subparagraph (A) of section 207(e)(1) of title 18, United States Code, is amended by striking ``within 2 years after that person leaves office'' and inserting ``within 5 years after that person leaves office''. (2) Former members of the house of representatives.-- Paragraph (1) of section 207(e) of such title is amended by striking subparagraph (B) and inserting the following: ``(B) Members of the house of representatives.--Any person who is a Member of the House of Representatives and who, within 5 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress and any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Member seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. ``(C) Officers of the house of representatives.-- Any person who is an elected officer of the House of Representatives and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of the House of Representatives, on behalf of any other person (except the United States) in connection with any matter on which such former elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Effective Date.--The amendments made by this section shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves an office to which section 207(e)(1) of title 18, United States Code, applies. SEC. 3. RESTRICTIONS ON LOBBYING BY FORMER OFFICERS AND EMPLOYEES OF CONGRESS. (a) 2-Year Post-Employment Ban on All Lobbying.-- (1) Former officers of the house of representatives.-- Subparagraph (C) of section 207(e)(1) of title 18, United States Code, as amended by section 2(a)(2), is amended by striking ``within 1 year'' and inserting ``within 2 years''. (2) Former officers and staff of the senate.--Paragraph (2) of section 207(e) of such title is amended by striking ``within 1 year'' and inserting ``within 2 years''. (3) Former personal staff of members of the house of representatives.--Paragraph (3)(A) of section 207(e) of such title is amended by striking ``within 1 year'' and inserting ``within 2 years''. (4) Former committee staff of house of representatives.-- Paragraph (4) of section 207(e) of such title is amended by striking ``within 1 year'' and inserting ``within 2 years''. (5) Former leadership staff of house of representatives.-- Paragraph (5)(A) of section 207(e) of such title is amended by striking ``within 1 year'' and inserting ``within 2 years''. (6) Former staff of other legislative offices of congress.--Paragraph (6)(A) of section 207(e) of such title is amended by striking ``within 1 year'' and inserting ``within 2 years''. (b) Lowering Income Threshold for Application of Restrictions.-- Subparagraph (A) of section 207(e)(7) of such title is amended by striking ``75 percent of the rate of basic pay'' and inserting ``50 percent of the rate of basic pay''. (c) Effective Date.--The amendments made by this section shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves a position to which section 207(e) of title 18, United States Code, applies. all
"H.R. 415 (Introduced in House)- To amend chapter 7 of title 5, United States Code, to provide that inthe case of an agency that appeals the ruling of a court under that 
chapter, and does not prevail on appeal, the court shall award the 
prevailing party reasonable attorney’s fees and costs, and for other 
purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr415ih/html/BILLS-117hr415ih.htm	DOC 117th CONGRESS 1st Session H. R. 415 To amend chapter 7 of title 5, United States Code, to provide that in the case of an agency that appeals the ruling of a court under that chapter, and does not prevail on appeal, the court shall award the prevailing party reasonable attorney's fees and costs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend chapter 7 of title 5, United States Code, to provide that in the case of an agency that appeals the ruling of a court under that chapter, and does not prevail on appeal, the court shall award the prevailing party reasonable attorney's fees and costs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AGENCY REQUIRED TO PAY ATTORNEY'S FEES AND COSTS IN UNSUCCESSFUL APPEALS. (a) In General.--Chapter 7 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 707. Attorney's fees and costs in appeals ``In the case that an agency appeals a ruling of a court under this chapter, and does not prevail in the appeal, the court shall award reasonable attorney's fees and costs to the prevailing party. Such award shall be paid out of the administrative budget of the office in the agency that filed the appeal.''. (b) Clerical Amendment.--The table of sections for chapter 7 of title 5 is amended by inserting after the item related to section 706 the following: ``707. Attorney's fees and costs in appeals.''. all
H.R. 416 (Introduced in House) - Border Wall Trust Fund Act	https://www.govinfo.gov/content/pkg/BILLS-117hr416ih/html/BILLS-117hr416ih.htm	DOC 117th CONGRESS 1st Session H. R. 416 To allow the Secretary of the Treasury to accept public donations to fund the construction of a barrier on the border between the United States and Mexico, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To allow the Secretary of the Treasury to accept public donations to fund the construction of a barrier on the border between the United States and Mexico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Wall Trust Fund Act''. SEC. 2. BORDER WALL TRUST FUND. (a) Border Wall Trust Fund.--At the end of subchapter III of chapter 33 of title 31, United States Code, insert the following: ``Sec. 3344. Border Wall Trust Fund. ``(a) In General.-- ``(1) Receive gifts.--Notwithstanding section 3113 of title 31, the Secretary of the Treasury may accept for the Government a gift of money on the condition that it be used to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico. ``(2) Trust fund.--Not later than 60 days after the date of enactment of this section, the Secretary of the Treasury shall-- ``(A) establish an account, to be known as the `Border Wall Trust Fund', into which money received as gifts under this section shall be deposited; and ``(B) create a publicly accessible website to receive such gifts. ``(3) Appropriation.--Money deposited in the Border Wall Trust Fund is appropriated to the Secretary of Homeland Security and may be expended to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico. Such funds may not be used for any other purpose.''. (b) Clerical Amendment.--The table of contents for such chapter is amended by inserting at the end the following: ``3344. Border Wall Trust Fund.''. SEC. 3. COMMEMORATIVE DISPLAY. (a) Construction.--The Secretary of Homeland Security shall, at a time determined by the Secretary and in a manner consistent with the security mission of the border barrier, provide for a commemorative display as an integrated part of the barrier under section 3344 of title 31, United States Code, as added by section 2, recognizing individuals who contributed to the Border Wall Trust Fund. (b) Length.--The display described in subsection (a) shall be one mile in length, unless the Secretary determines that length to be impracticable, in which case it shall be as close to that length as the Secretary determines practicable consistent with the security mission of such barrier. (c) Designation of Funds.--The Secretary of the Treasury shall provide a process by which a donor may designate the donation of that donor to fund construction of the commemorative display under this section. (d) Notification to the Public.--The Secretary of the Treasury shall display on the website described in section 3344(a)(2) of such title, as added by section 2, the following: (1) A total estimated cost for the commemorative display. (2) A notification that donations to the Border Wall Trust Fund not designated under subsection (c) will be used exclusively to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico. all
H.R. 417 (Introduced in House) - End the Congressional Revolving Door Act	https://www.govinfo.gov/content/pkg/BILLS-117hr417ih/html/BILLS-117hr417ih.htm	DOC 117th CONGRESS 1st Session H. R. 417 To provide that a former Member of Congress or former senior congressional employee who receives compensation as a lobbyist shall not be eligible for retirement benefits or certain other Federal benefits. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide that a former Member of Congress or former senior congressional employee who receives compensation as a lobbyist shall not be eligible for retirement benefits or certain other Federal benefits. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End the Congressional Revolving Door Act''. SEC. 2. PROHIBITION RELATING TO CERTAIN FEDERAL BENEFITS FOR A FORMER MEMBER OF CONGRESS OR FORMER SENIOR CONGRESSIONAL EMPLOYEE WHO RECEIVES COMPENSATION AS A LOBBYIST. (a) In General.--A covered individual who is a registered lobbyist shall not be eligible for any covered benefits for any month-- (1) which begins after the date of the enactment of this Act; and (2) in or for which such covered individual is-- (A) employed as a lobbyist; and (B) entitled to compensation as a lobbyist. (b) Covered Individual.--For purposes of this section, the term ``covered individual'' means an individual who becomes a former Member of Congress or a former senior congressional employee after the date of the enactment of this Act. (c) Covered Benefits.--For purposes of this section, the term ``covered benefits'', as used with respect to a covered individual, means any payment or other benefit which is payable, by virtue of service performed by such covered individual, under any of the following: (1) The Civil Service Retirement System, including the Thrift Savings Plan. (2) The Federal Employees' Retirement System, including the Thrift Savings Plan. (3) The Federal Employees' Health Benefits Program, including enhanced dental benefits and enhanced vision benefits under chapters 89A and 89B, respectively, of title 5, United States Code. (4) The Federal Employees' Group Life Insurance Program. (d) Definitions.--For purposes of this section-- (1) the term ``Member of Congress'' means a Senator, Member of the House of Representatives, or Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico; (2) the term ``senior congressional employee'' means-- (A) each officer or employee of the legislative branch (except any officer or employee of the Government Accountability Office) who, for at least 60 days, occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (B) each officer or employee of the Government Accountability Office who, for at least 60 consecutive days, occupies a position for which the rate of basic pay, minus the amount of locality pay that would have been authorized under section 5304 of title 5, United States Code (had the officer or employee been paid under the General Schedule) for the locality within which the position of such officer or employee is located (as determined by the Comptroller General), is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and (C) at least one principal assistant designated for purposes of this paragraph by each Member who does not have an employee who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (3) the term ``registered lobbyist'' means-- (A) a lobbyist registered or required to register, or on whose behalf a registration is filed or required to be filed, under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and (B) an individual registered or required to register as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); and (4) the term ``lobbyist'' has the meaning given such term by section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). (e) Rule of Construction.--Nothing in this section shall be considered to prevent the payment of-- (1) any lump-sum credit, as defined by section 8331(8) or 8401(19) of title 5, United States Code, to which an individual is entitled; or (2) any amount in the account of an individual in the Thrift Savings Fund which, as of the date on which paragraphs (1) and (2) of subsection (a) are first met with respect to such individual, is nonforfeitable. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed-- (1) except as provided in paragraph (2), by the Director of the Office of Personnel Management; and (2) to the extent that this Act relates to the Thrift Savings Plan, by the Executive Director (as defined by section 8401(13) of title 5, United States Code). all
H.R. 418 (Introduced in House) - Article I Restoration Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr418ih/html/BILLS-117hr418ih.htm	DOC 117th CONGRESS 1st Session H. R. 418 To sunset new Federal regulatory rules after 3 years, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To sunset new Federal regulatory rules after 3 years, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Article I Restoration Act of 2021''. SEC. 2. SUNSET OF FEDERAL REGULATIONS AFTER 3 YEARS. (a) Sunset.--Any covered rule issued by an agency after the date of the enactment of this Act shall sunset on the date that is three years after the effective date of such covered rule, unless specifically reauthorized by an Act of Congress. (b) After Sunset.--An agency may not reissue, enforce, revise, or take other regulatory action related to a covered rule that has sunset under subsection (a). (c) Oversight by OMB and Heads of Agencies.--The Director of the Office of Management and Budget or the head of the relevant agency may oversee the sunset of covered rules under subsection (a). SEC. 3. SUBMISSION OF REQUEST FOR REAUTHORIZATION TO CONGRESS. (a) Request for Reauthorization.--If the head of an agency that issues covered rules wants to request a reauthorization for such rules, such head shall, not later than the December 1 that is one year before the date on which the covered rule is scheduled to sunset, submit to Congress and any appropriate committee of Congress a report containing such request that includes-- (1) a justification for the reauthorization of each covered rule; (2) any related covered rules; and (3) any recommendation or request made by the chair or ranking member of an appropriate committee of Congress. (b) Single Submission.--The head of an agency submitting a request for reauthorization under subsection (a) shall make every effort to bundle multiple requests for reauthorization in a single submission. (c) Public Availability of Reports.--Any report submitted by the head of an agency under subsection (a) shall be published on the public website of the agency. SEC. 4. RELATIONSHIP TO THE ADMINISTRATIVE PROCEDURE. Nothing in this Act shall be construed to supersede the provisions of chapter 5, 6, or 7 of title 5, United States Code. SEC. 5. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' has the meaning given that term in section 551 of title 5, United States Code. (2) Administrator.--The term ``Administrator'' means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (3) Covered rule.--The term ``covered rule'' has the meaning given the term ``rule'' in section 551 of title 5, United States Code, but does not include a rule-- (A) issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code; (B) issued with respect to a military or foreign affairs function of the United States; (C) that the Administrator certifies in writing is necessary for the enforcement of Federal criminal laws; (D) that is limited to agency organization, management, or personnel matters; or (E) that is necessary due to an imminent threat to human health or safety or any other emergency. (4) Sunset.--The term ``sunset'' means to have no force or effect. all
H.R. 419 (Introduced in House) - No Taxpayer Funding for the World Health Organization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr419ih/html/BILLS-117hr419ih.htm	DOC 117th CONGRESS 1st Session H. R. 419 To prohibit United States assessed and voluntary contributions to the World Health Organization. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Roy (for himself, Mrs. Boebert, Mr. Budd, Mr. Grothman, Mr. McClintock, Mr. Biggs, Mr. Cawthorn, Mr. Steube, Mrs. McClain, Mr. Murphy of North Carolina, Mr. Cline, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To prohibit United States assessed and voluntary contributions to the World Health Organization. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxpayer Funding for the World Health Organization Act''. SEC. 2. PROHIBITION ON ASSESSED AND VOLUNTARY CONTRIBUTIONS TO THE WORLD HEALTH ORGANIZATION. Notwithstanding any other provision of law, effective on the date of the enactment of this Act, the United States may not provide any assessed or voluntary contributions to the World Health Organization. all
H.R. 41 (Introduced in House) - Protect the Gig Economy Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr41ih/html/BILLS-117hr41ih.htm	DOC 117th CONGRESS 1st Session H. R. 41 To amend Rule 23 of the Federal Rules of Civil Procedure to protect the ``gig economy'' and small businesses that operate in large part through contractor services from the threat of costly class action litigation, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend Rule 23 of the Federal Rules of Civil Procedure to protect the ``gig economy'' and small businesses that operate in large part through contractor services from the threat of costly class action litigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect the Gig Economy Act of 2021''. SEC. 2. PROTECTING THE GIG ECONOMY FROM CLASS ACTIONS. Rule 23(a) of the Federal Rules of Civil Procedure is amended-- (1) in paragraph (3), by striking ``and'' at the end; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (4) the following: ``(5) the claim does not allege the misclassification of employees as independent contractors.''. all
H.R. 420 (Introduced in House) - No Taxpayer Funding for Paris Climate Agreement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr420ih/html/BILLS-117hr420ih.htm	DOC 117th CONGRESS 1st Session H. R. 420 To prohibit the use of funds to provide for the United States to become a party to the Paris Agreement. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Roy (for himself, Mr. Crenshaw, Mr. Pfluger, Mr. Arrington, Mr. Cloud, Mrs. Boebert, Mr. McClintock, Mr. Womack, Mr. Budd, Mr. Williams of Texas, Mr. Mooney, Mr. Biggs, Mr. Buck, Mr. Cawthorn, Mr. Brooks, Mrs. McClain, Mr. Steube, Mr. Murphy of North Carolina, Mr. McKinley, Mr. Mullin, Mr. Cline, Mr. Moore of Alabama, and Mr. Rouzer) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To prohibit the use of funds to provide for the United States to become a party to the Paris Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxpayer Funding for Paris Climate Agreement Act''. SEC. 2. PROHIBITION ON USE OF FUNDS TO PROVIDE FOR THE UNITED STATES TO BECOME A PARTY TO THE PARIS AGREEMENT. (a) In General.--Notwithstanding any other provision of law, no funds are authorized to be appropriated, obligated, or expended to take any action to provide for the United States to become a party to the Paris Agreement. (b) Paris Agreement Defined.--In this section, the term ``Paris Agreement'' means the decision by the United Nations Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, adopted December 12, 2015. all
H.R. 421 (Introduced in House) - Assuring You Uniform Dietary Assistance (AYUDA) Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr421ih/html/BILLS-117hr421ih.htm	DOC 117th CONGRESS 1st Session H. R. 421 To amend the Food and Nutrition Act of 2008 to treat the Commonwealth of the Northern Mariana Islands in the same manner as Guam is treated. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Sablan (for himself, Mr. McGovern, Mrs. Carolyn B. Maloney of New York, Mr. Grijalva, Ms. Pingree, Ms. Norton, Mr. Butterfield, Ms. Lee of California, Mr. Schrader, Ms. Moore of Wisconsin, Ms. Meng, Ms. Chu, Ms. Schakowsky, and Mr. Courtney) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Food and Nutrition Act of 2008 to treat the Commonwealth of the Northern Mariana Islands in the same manner as Guam is treated. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Assuring You Uniform Dietary Assistance (AYUDA) Act of 2021''. SEC. 2. AMENDMENTS. (a) Definitions.--Section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012) is amended-- (1) in subsection (r) by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``Guam'', and (2) in subsection (u)(3) by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``Guam,''. (b) Eligibility Standards.--Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended-- (1) in subsection (b) by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``Guam,'', and (2) in subsection (c)-- (A) in paragraph (1) by striking ``and Guam,'' and inserting ``Guam, and the Commonwealth of the Northern Mariana Islands,'', and (B) in the last sentence by striking ``or Guam'' and inserting ``Guam, or the Commonwealth of the Northern Mariana Islands'', and (3) in subsection (e)-- (A) in paragraph (1)(B)-- (i) in the heading by striking ``Guam.'' and inserting ``Guam and the commonwealth of the northern mariana islands.'', (ii) in clause (i) by inserting ``and the Commonwealth of the Northern Mariana Islands'' after ``Guam'', and (iii) in clause (ii) by inserting ``and the Commonwealth of the Northern Mariana Islands'' after ``Guam'', and (B) in paragraph (6)(B) by inserting ``the Commonwealth of the Northern Mariana Islands,'' after ``Guam,''. SEC. 3. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on October 1, 2021. all
H.R. 422 (Introduced in House) - Inaugural Fund Integrity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr422ih/html/BILLS-117hr422ih.htm	DOC 117th CONGRESS 1st Session H. R. 422 To amend the Federal Election Campaign Act of 1971 to prohibit certain donations to Inaugural Committees, to establish limitations on donations to Inaugural Committees, to require certain reporting by Inaugural Committees, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Ms. Scanlon introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Federal Election Campaign Act of 1971 to prohibit certain donations to Inaugural Committees, to establish limitations on donations to Inaugural Committees, to require certain reporting by Inaugural Committees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Inaugural Fund Integrity Act''. SEC. 2. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND DISBURSEMENTS BY, INAUGURAL COMMITTEES. (a) Requirements for Inaugural Committees.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: ``SEC. 325. INAUGURAL COMMITTEES. ``(a) Prohibited Donations.-- ``(1) In general.--It shall be unlawful-- ``(A) for an Inaugural Committee-- ``(i) to solicit, accept, or receive a donation from a person that is not an individual; or ``(ii) to solicit, accept, or receive a donation from a foreign national; ``(B) for a person-- ``(i) to make a donation to an Inaugural Committee in the name of another person, or to knowingly authorize his or her name to be used to effect such a donation; ``(ii) to knowingly accept a donation to an Inaugural Committee made by a person in the name of another person; or ``(iii) to convert a donation to an Inaugural Committee to personal use as described in paragraph (2); and ``(C) for a foreign national to, directly or indirectly, make a donation, or make an express or implied promise to make a donation, to an Inaugural Committee. ``(2) Conversion of donation to personal use.--For purposes of paragraph (1)(B)(iii), a donation shall be considered to be converted to personal use if any part of the donated amount is used to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the responsibilities of the Inaugural Committee under chapter 5 of title 36, United States Code. ``(3) No effect on disbursement of unused funds to nonprofit organizations.--Nothing in this subsection may be construed to prohibit an Inaugural Committee from disbursing unused funds to an organization which is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(b) Limitation on Donations.-- ``(1) In general.--It shall be unlawful for an individual to make donations to an Inaugural Committee which, in the aggregate, exceed $50,000. ``(2) Indexing.--At the beginning of each Presidential election year (beginning with 2028), the amount described in paragraph (1) shall be increased by the cumulative percent difference determined in section 315(c)(1)(A) since the previous Presidential election year. If any amount after such increase is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. ``(c) Disclosure of Certain Donations and Disbursements.-- ``(1) Donations over $1,000.-- ``(A) In general.--An Inaugural Committee shall file with the Commission a report disclosing any donation by an individual to the committee in an amount of $1,000 or more not later than 24 hours after the receipt of such donation. ``(B) Contents of report.--A report filed under subparagraph (A) shall contain-- ``(i) the amount of the donation; ``(ii) the date the donation is received; and ``(iii) the name and address of the individual making the donation. ``(2) Final report.--Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Inaugural Committee shall file with the Commission a report containing the following information: ``(A) For each donation of money or anything of value made to the committee in an aggregate amount equal to or greater than $200-- ``(i) the amount of the donation; ``(ii) the date the donation is received; and ``(iii) the name and address of the individual making the donation. ``(B) The total amount of all disbursements, and all disbursements in the following categories: ``(i) Disbursements made to meet committee operating expenses. ``(ii) Repayment of all loans. ``(iii) Donation refunds and other offsets to donations. ``(iv) Any other disbursements. ``(C) The name and address of each person-- ``(i) to whom a disbursement in an aggregate amount or value in excess of $200 is made by the committee to meet a committee operating expense, together with date, amount, and purpose of such operating expense; ``(ii) who receives a loan repayment from the committee, together with the date and amount of such loan repayment; ``(iii) who receives a donation refund or other offset to donations from the committee, together with the date and amount of such disbursement; and ``(iv) to whom any other disbursement in an aggregate amount or value in excess of $200 is made by the committee, together with the date and amount of such disbursement. ``(d) Definitions.--For purposes of this section: ``(1)(A) The term `donation' includes-- ``(i) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person to the committee; or ``(ii) the payment by any person of compensation for the personal services of another person which are rendered to the committee without charge for any purpose. ``(B) The term `donation' does not include the value of services provided without compensation by any individual who volunteers on behalf of the committee. ``(2) The term `foreign national' has the meaning given that term by section 319(b). ``(3) The term `Inaugural Committee' has the meaning given that term by section 501 of title 36, United States Code.''. (b) Confirming Amendment Related to Reporting Requirements.-- Section 304 of the Federal Election Campaign Act (52 U.S.C. 30104) is amended-- (1) by striking subsection (h); and (2) by redesignating subsection (i) as subsection (h). (c) Conforming Amendment Related to Status of Committee.--Section 510 of title 36, United States Code, is amended to read as follows: ``Sec. 510. Disclosure of and prohibition on certain donations ``A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of section 325 of the Federal Election Campaign Act of 1971.''. (d) Effective Date.--The amendments made by this Act shall apply with respect to Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2025 and any succeeding year. all
H.R. 423 (Introduced in House) - Emergency Pension Plan Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr423ih/html/BILLS-117hr423ih.htm	DOC 117th CONGRESS 1st Session H. R. 423 To provide relief for multiemployer and single employer pension plans, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Scott of Virginia (for himself, Mr. Norcross, Ms. Stevens, Mr. Morelle, Ms. Kaptur, Ms. Jackson Lee, Mrs. McBath, Mr. Bishop of Georgia, Ms. Norton, Mr. DeSaulnier, Mr. Meeks, Ms. Schakowsky, Ms. Wild, and Mr. Sablan) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide relief for multiemployer and single employer pension plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Pension Plan Relief Act of 2021''. TITLE I--RELIEF FOR MULTIEMPLOYER PENSION PLANS SEC. 101. SPECIAL PARTITION RELIEF. (a) Appropriation.--Section 4005 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1305) is amended by adding at the end the following: ``(i)(1) An eighth fund shall be established for partition assistance to multiemployer pension plans, as provided under section 4233A, and to pay for necessary administrative and operating expenses relating to such assistance. ``(2) There is appropriated from the general fund such amounts as necessary for the costs of providing partition assistance under section 4233A and necessary administrative and operating expenses. The eighth fund established under this subsection shall be credited with such amounts from time to time as the Secretary of the Treasury determines appropriate, from the general fund of the Treasury, and such amounts shall remain available until expended.''. (b) Special Partition Authority.--The Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after section 4233 the following: ``SEC. 4233A. SPECIAL PARTITION RELIEF. ``(a) Special Partition Authority.-- ``(1) In general.--Upon the application of a plan sponsor of an eligible multiemployer plan for partition of the plan under this section, the corporation shall order a partition of the plan in accordance with this section. ``(2) Inapplicability of certain repayment obligation.--A plan receiving partition assistance pursuant to this section shall not be subject to repayment obligations under section 4261(b)(2). ``(b) Eligible Plans.-- ``(1) In general.--For purposes of this section, a multiemployer plan is an eligible multiemployer plan if-- ``(A) the plan is in critical and declining status (within the meaning of section 305(b)(6)) in any plan year beginning in 2020 through 2022; ``(B) a suspension of benefits has been approved with respect to the plan under section 305(e)(9) as of the date of the enactment of this section; ``(C) in any plan year beginning in 2020 through 2022, the plan is certified by the plan actuary to be in critical status (within the meaning of section 305(b)(2)), has a modified funded percentage of less than 40 percent, and has a ratio of active to inactive participants which is less than 2 to 3; or ``(D) the plan is insolvent for purposes of section 418E of the Internal Revenue Code of 1986 as of the date of enactment of this section, if the plan became insolvent after December 16, 2014, and has not been terminated by such date of enactment. ``(2) Modified funded percentage.--For purposes of paragraph (1)(C), the term `modified funded percentage' means the percentage equal to a fraction the numerator of which is current value of plan assets (as defined in section 3(26) of such Act) and the denominator of which is current liabilities (as defined in section 431(c)(6)(D) of such Code and section 304(c)(6)(D) of such Act). ``(c) Applications for Special Partition.-- ``(1) Guidance.--The corporation shall issue guidance setting forth requirements for special partition applications under this section not later than 120 days after the date of the enactment of this section. In such guidance, the corporation shall-- ``(A) limit the materials required for a special partition application to the minimum necessary to make a determination on the application; and ``(B) provide for an alternate application for special partition under this section, which may be used by a plan that has been approved for a partition under section 4233 before the date of enactment of this section. ``(2) Temporary priority consideration of applications.-- ``(A) In general.--The corporation may specify in guidance under paragraph (1) that, during the first 2 years following the date of enactment of this section, special partition applications will be provided priority consideration, if-- ``(i) the plan is likely to become insolvent within 5 years of the date of enactment of this section; ``(ii) the corporation projects a plan to have a present value of financial assistance payments under section 4261 that exceeds $1,000,000,000 if the special partition is not ordered; ``(iii) the plan has implemented benefit suspensions under section 305(e)(9) as of the date of the enactment of this section; or ``(iv) the corporation determines it appropriate based on other circumstances. ``(B) No effect on amount of assistance.--A plan that is approved for special partition assistance under this section shall not receive reduced special partition assistance on account of not receiving priority consideration under subparagraph (A). ``(3) Actuarial assumptions and other information.--The corporation shall accept assumptions incorporated in a multiemployer plan's determination that it is in critical status or critical and declining status (within the meaning of section 305(b)), or that the plan's modified funded percentage is less than 40 percent, unless such assumptions are clearly erroneous. The corporation may require such other information as the corporation determines appropriate for making a determination of eligibility and the amount of special partition assistance necessary under this section. ``(4) Application deadline.--Any application by a plan for special partition assistance under this section shall be submitted no later than December 31, 2024, and any revised application for special partition assistance shall be submitted no later than December 31, 2025. ``(5) Notice of application.--Not later than 120 days after the date of enactment of this section, the corporation shall issue guidance requiring multiemployer plans to notify participants and beneficiaries that the plan has applied for partition under this section, after the corporation has determined that the application is complete. Such notice shall reference the special partition relief internet website described in subsection (p). ``(d) Determinations on Applications.--A plan's application for special partition under this section that is timely filed in accordance with guidance issued under subsection (c)(1) shall be deemed approved and the corporation shall issue a special partition order unless the corporation notifies the plan within 120 days of the filing of the application that the application is incomplete or the plan is not eligible under this section. Such notice shall specify the reasons the plan is ineligible for a special partition or information needed to complete the application. If a plan is denied partition under this subsection, the plan may submit a revised application under this section. Any revised application for special partition submitted by a plan shall be deemed approved unless the corporation notifies the plan within 120 days of the filing of the revised application that the application is incomplete or the plan is not eligible under this section. A special partition order issued by the corporation shall be effective no later than 120 days after a plan's special partition application is approved by the corporation or deemed approved. ``(e) Amount and Manner of Special Partition Assistance.-- ``(1) In general.--The liabilities of an eligible multiemployer plan that the corporation assumes pursuant to a special partition order under this section shall be the amount necessary for the plan to meet its funding goals described in subsection (g). ``(2) No cap.--Liabilities assumed by the corporation pursuant to a special partition order under this section shall not be capped by the guarantee under section 4022A. The corporation shall have discretion on how liabilities of the plan are partitioned. ``(f) Successor Plan.-- ``(1) In general.--The plan created by a special partition order under this section is a successor plan to which section 4022A applies. ``(2) Plan sponsor and administrator.--The plan sponsor of an eligible multiemployer plan prior to the special partition and the administrator of such plan shall be the plan sponsor and the administrator, respectively, of the plan created by the partition. ``(g) Funding Goals.-- ``(1) In general.--The funding goals of a multiemployer plan eligible for partition under this section are both of the following: ``(A) The plan will remain solvent over 30 years with no reduction in a participant's or beneficiary's accrued benefit (except to the extent of a reduction in accordance with section 305(e)(8) adopted prior to the plan's application for partition under this section). ``(B) The funded percentage of the plan (disregarding partitioned benefits) at the end of the 30-year period is projected to be 80 percent. ``(2) Basis.--The funding projections under paragraph (1) shall be performed on a deterministic basis. ``(h) Restoration of Benefit Suspensions.--An eligible multiemployer plan that is partitioned under this section shall-- ``(1) reinstate any benefits that were suspended under section 305(e)(9) or section 4245(a), effective as of the first month the special partition order is effective, for participants or beneficiaries as of the effective date of the partition; and ``(2) provide payments equal to the amount of benefits previously suspended to any participants or beneficiaries in pay status as of the effective date of the special partition, payable in the form of a lump sum within 3 months of such effective date or in equal monthly installments over a period of 5 years, with no adjustment for interest. ``(i) Adjustment of Special Partition Assistance.-- ``(1) In general.--Every 5 years, the corporation shall adjust the special partition assistance described in subsection (e) as necessary for the eligible multiemployer plan to satisfy the funding goals described in subsection (g). If the 30 year period described in subsection (g) has lapsed, in applying this paragraph, 5 years shall be substituted for 30 years. ``(2) Submission of information.--An eligible multiemployer plan that is the subject of a special partition order under subsection (a) shall submit such information as the corporation may require to determine the amount of the adjustment under paragraph (1). ``(3) Cessation of adjustments.--Adjustments under this subsection with respect to special partition assistance for an eligible multiemployer plan shall cease and the corporation shall permanently assume liability for payment of any benefits transferred to the successor plan (subject to subsection (l)) beginning with the first plan year that the funded percentage of the eligible multiemployer plan (disregarding partitioned benefits) is at least 80 percent and the plan's projected funded percentage for each of the next 10 years is at least 80 percent. Any accumulated funding deficiency of the plan (within the meaning of section 304(a)) shall be reduced to zero as of the first day of the plan year for which partition assistance is permanent under this paragraph. ``(j) Conditions on Plans During Partition.-- ``(1) In general.--The corporation may impose, by regulation, reasonable conditions on an eligible multiemployer plan that is partitioned under section (a) relating to increases in future accrual rates and any retroactive benefit improvements, allocation of plan assets, reductions in employer contribution rates, diversion of contributions to, and allocation of, expenses to other retirement plans, and withdrawal liability. ``(2) Limitations.--The corporation shall not impose conditions on an eligible multiemployer plan as a condition of or following receipt of such partition assistance under this section relating to-- ``(A) any reduction in plan benefits (including benefits that may be adjusted pursuant to section 305(e)(8)); ``(B) plan governance, including selection of, removal of, and terms of contracts with, trustees, actuaries, investment managers, and other service providers; or ``(C) any funding rules relating to the plan that is partitioned under this section. ``(3) Condition.--An eligible multiemployer plan that is partitioned under subsection (a) shall continue to pay all premiums due under section 4007 for participants and beneficiaries in the plan created by a special partition order until the plan year beginning after a cessation of adjustments applies under subsection (i). ``(k) Withdrawal Liability.--An employer's withdrawal liability for purposes of this title shall be calculated taking into account any plan liabilities that are partitioned under subsection (a) until the plan year beginning after the expiration of 15 calendar years from the effective date of the partition. ``(l) Cessation of Partition Assistance.--If a plan that receives partition assistance under this section becomes insolvent for purposes of section 418E of the Internal Revenue Code of 1986, the plan shall no longer be eligible for assistance under this section and shall be eligible for assistance under section 4261. ``(m) Reporting.--An eligible multiemployer plan that receives partition assistance under this section shall file with the corporation a report, including the following information, in such manner (which may include electronic filing requirements) and at such time as the corporation requires: ``(1) The funded percentage (as defined in section 305(j)(2)) as of the first day of such plan year, and the underlying actuarial value of assets and liabilities taken into account in determining such percentage. ``(2) The market value of the assets of the plan (determined as provided in paragraph (1)) as of the last day of the plan year preceding such plan year. ``(3) The total value of all contributions made by employers and employees during the plan year preceding such plan year. ``(4) The total value of all benefits paid during the plan year preceding such plan year. ``(5) Cash flow projections for such plan year and the 9 succeeding plan years, and the assumptions used in making such projections. ``(6) Funding standard account projections for such plan year and the 9 succeeding plan years, and the assumptions relied upon in making such projections. ``(7) The total value of all investment gains or losses during the plan year preceding such plan year. ``(8) Any significant reduction in the number of active participants during the plan year preceding such plan year, and the reason for such reduction. ``(9) A list of employers that withdrew from the plan in the plan year preceding such plan year, the payment schedule with respect to such withdrawal liability, and the resulting reduction in contributions. ``(10) A list of employers that paid withdrawal liability to the plan during the plan year preceding such plan year and, for each employer, a total assessment of the withdrawal liability paid, the annual payment amount, and the number of years remaining in the payment schedule with respect to such withdrawal liability. ``(11) Any material changes to benefits, accrual rates, or contribution rates during the plan year preceding such plan year, and whether such changes relate to the conditions of the partition assistance. ``(12) Details regarding any funding improvement plan or rehabilitation plan and updates to such plan. ``(13) The number of participants and beneficiaries during the plan year preceding such plan year who are active participants, the number of participants and beneficiaries in pay status, and the number of terminated vested participants and beneficiaries. ``(14) The information contained on the most recent annual funding notice submitted by the plan under section 101(f). ``(15) The information contained on the most recent annual return under section 6058 of the Internal Revenue Code of 1986 and actuarial report under section 6059 of such Code of the plan. ``(16) Copies of the plan document and amendments, other retirement benefit or ancillary benefit plans relating to the plan and contribution obligations under such plans, a breakdown of administrative expenses of the plan, participant census data and distribution of benefits, the most recent actuarial valuation report as of the plan year, financial reports, and copies of the portions of collective bargaining agreements relating to plan contributions, funding coverage, or benefits, and such other information as the corporation may reasonably require. Any information disclosed by a plan to the corporation that could identify individual employers shall be confidential and not subject to publication or disclosure. ``(n) Report to Congress.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section and annually thereafter, the board of directors of the corporation shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a detailed report on the implementation and administration of this section. Such report shall include-- ``(A) information on the name and number of multiemployer plans that have applied for partition assistance under this section; ``(B) the name and number of such plans that have been approved for partition assistance under this section and the name and number of the plans that have not been approved for special partition assistance; ``(C) a detailed rationale for any decision by the corporation to not approve an application for special partition assistance; ``(D) the amount of special partition assistance provided to eligible multiemployer plans (including amounts provided on an individual plan basis and in the aggregate); ``(E) the name and number of the multiemployer plans that restored benefit suspensions and provided lump sum or monthly installment payments to participants or beneficiaries; ``(F) the amount of benefits that were restored and lump sum or monthly installment payments that were paid (including amounts provided on an individual plan basis and in the aggregate); ``(G) the name and number of the plans that received adjustments to partition assistance under subsection (i); ``(H) a list of, and rationale for, each reasonable condition imposed by the corporation on plans approved for special partition assistance under this section; ``(I) the contracts that have been awarded by the corporation to implement or administer this section; ``(J) the number, purpose, and dollar amounts of the contracts that have been awarded to implement or administer the section; ``(K) a detailed summary of the reports required under subsection (m); and ``(L) a detailed summary of the feedback received on the pension relief internet website established under subsection (p). ``(2) PBGC certification.--The board of directors of the corporation shall include with the report under paragraph (1) a certification and affirmation that the amount of special partition assistance provided to each plan under this section is the amount necessary to meet its funding goals under subsection (g), including, if applicable, any adjustment of special partition assistance as determined under subsection (i). ``(3) Confidentiality.--Congress may publicize the reports received under paragraph (1) only after redacting all sensitive or proprietary information. ``(o) GAO Report.--Not later than 1 year after the first partition application is approved by the corporation under this section, and biennially thereafter, the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions and the Committee on Finance of the Senate and the Committee on Education and Labor and the Committee on Ways and Means of the House of Representatives a detailed report on the actions of the corporation to implement and administer this section, including an examination of the contracts awarded by such corporation to carry out this section and an analysis of such corporation's compliance with subsections (e) and (g). ``(p) Special Partition Relief Website.-- ``(1) Establishment.--Not later than 120 days after the date of enactment of this section, the corporation shall establish and maintain a user-friendly, public-facing internet website to foster greater accountability and transparency in the implementation and administration of this section. ``(2) Purpose.--The internet website established and maintained under paragraph (1) shall be a portal to key information relating to this section for multiemployer plan administrators and trustees, plan participants, beneficiaries, participating employers, other stakeholders, and the public. ``(3) Content and function.--The internet website established under paragraph (1) shall-- ``(A) describe the nature and scope of the special partition authority and assistance under this section in a manner calculated to be understood by the average plan participant; ``(B) include published guidance, regulations, and all other relevant information on the implementation and administration of this section; ``(C) include, with respect to plan applications for special partition assistance-- ``(i) a general description of the process by which eligible plans can apply for special partition assistance, information on how and when the corporation will process and consider plan applications; ``(ii) information on how the corporation will address any incomplete applications as specified in under this section; ``(iii) a list of the plans that have applied for special partition assistance and, for each application, the date of submission of a completed application; ``(iv) the text of each plan's completed application for special partition assistance with appropriate redactions of personal, proprietary, or sensitive information; ``(v) the estimated date that a decision will be made by the corporation on each application; ``(vi) the actual date when such decision is made; ``(vii) the corporation's decision on each application; and ``(viii) as applicable, a detailed rationale for any decision not to approve a plan's application for special partition assistance; ``(D) provide detailed information on each contract solicited and awarded to implement or administer this section; ``(E) include reports, audits, and other relevant oversight and accountability information on this section, including the annual reports submitted by the board of directors of the corporation to Congress required under subsection (n), the Office of the Inspector General audits, correspondence, and publications, and the Government Accountability Office reports under subsection (o); ``(F) provide a clear means for multiemployer plan administrators, plan participants, beneficiaries, other stakeholders, and the public to contact the corporation and provide feedback on the implementation and administration of this section; and ``(G) be regularly updated to carry out the purposes of this subsection. ``(q) Office of Inspector General.--There is authorized to be appropriated to the corporation's Office of Inspector General $24,000,000 for fiscal year 2021, which shall remain available through September 30, 2029, for salaries and expenses necessary for conducting investigations and audits of the implementation and administration of this section. ``(r) Application of Excise Tax.--During the period that a plan is subject to a partition order under this section and prior to a cessation of adjustments pursuant to subsection (i)(3), the plan shall not be subject to section 4971 of the Internal Revenue Code of 1986.''. SEC. 102. REPEAL OF BENEFIT SUSPENSIONS FOR MULTIEMPLOYER PLANS IN CRITICAL AND DECLINING STATUS. (a) Amendment to Internal Revenue Code of 1986.--Paragraph (9) of section 432(e) of the Internal Revenue Code of 1986 is repealed. (b) Amendment to Employee Retirement Income Security Act of 1974.-- Paragraph (9) of section 305(e) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)) is repealed. (c) Effective Date.--The repeals made by this section shall not apply to plans that have been approved for a suspension of benefit under section 432(e)(9)(G) of the Internal Revenue Code of 1986 and section 305(e)(9)(G) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1085(e)(9)(G)) before the date of the enactment of this Act. SEC. 103. TEMPORARY DELAY OF DESIGNATION OF MULTIEMPLOYER PLANS AS IN ENDANGERED, CRITICAL, OR CRITICAL AND DECLINING STATUS. (a) In General.--Notwithstanding the actuarial certification under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986, if a plan sponsor of a multiemployer plan elects the application of this section, then, for purposes of section 305 of such Act and section 432 of such Code-- (1) the status of the plan for its first plan year beginning during the period beginning on March 1, 2020, and ending on February 28, 2021, or the next succeeding plan year (as designated by the plan sponsor in such election), shall be the same as the status of such plan under such sections for the plan year preceding such designated plan year, and (2) in the case of a plan which was in endangered or critical status for the plan year preceding the designated plan year described in paragraph (1), the plan shall not be required to update its plan or schedules under section 305(c)(6) of such Act and section 432(c)(6) of such Code, or section 305(e)(3)(B) of such Act and section 432(e)(3)(B) of such Code, whichever is applicable, until the plan year following the designated plan year described in paragraph (1). If section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 did not apply to the plan year preceding the designated plan year described in paragraph (1), the plan actuary shall make a certification of the status of the plan under section 305(b)(3) of such Act and section 432(b)(3) of such Code for the preceding plan year in the same manner as if such sections had applied to such preceding plan year. (b) Exception for Plans Becoming Critical During Election.--If-- (1) an election was made under subsection (a) with respect to a multiemployer plan, and (2) such plan has, without regard to such election, been certified by the plan actuary under section 305(b)(3) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3) of the Internal Revenue Code of 1986 to be in critical status for the designated plan year described in subsection (a)(1), then such plan shall be treated as a plan in critical status for such plan year for purposes of applying section 4971(g)(1)(A) of such Code, section 302(b)(3) of such Act (without regard to the second sentence thereof), and section 412(b)(3) of such Code (without regard to the second sentence thereof). (c) Election and Notice.-- (1) Election.--An election under subsection (a)-- (A) shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary's delegate may prescribe and, once made, may be revoked only with the consent of the Secretary, and (B) if made-- (i) before the date the annual certification is submitted to the Secretary or the Secretary's delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, shall be included with such annual certification, and (ii) after such date, shall be submitted to the Secretary or the Secretary's delegate not later than 30 days after the date of the election. (2) Notice to participants.-- (A) In general.--Notwithstanding section 305(b)(3)(D) of the Employee Retirement Income Security Act of 1974 and section 432(b)(3)(D) of the Internal Revenue Code of 1986, if the plan is neither in endangered nor critical status by reason of an election made under subsection (a)-- (i) the plan sponsor of a multiemployer plan shall not be required to provide notice under such sections, and (ii) the plan sponsor shall provide to the participants and beneficiaries, the bargaining parties, the Pension Benefit Guaranty Corporation, and the Secretary of Labor a notice of the election under subsection (a) and such other information as the Secretary of the Treasury (in consultation with the Secretary of Labor) may require-- (I) if the election is made before the date the annual certification is submitted to the Secretary or the Secretary's delegate under section 305(b)(3) of such Act and section 432(b)(3) of such Code, not later than 30 days after the date of the certification, and (II) if the election is made after such date, not later than 30 days after the date of the election. (B) Notice of endangered status.--Notwithstanding section 305(b)(3)(D) of such Act and section 432(b)(3)(D) of such Code, if the plan is certified to be in critical status for any plan year but is in endangered status by reason of an election made under subsection (a), the notice provided under such sections shall be the notice which would have been provided if the plan had been certified to be in endangered status. SEC. 104. TEMPORARY EXTENSION OF THE FUNDING IMPROVEMENT AND REHABILITATION PERIODS FOR MULTIEMPLOYER PENSION PLANS IN CRITICAL AND ENDANGERED STATUS FOR 2020 OR 2021. (a) In General.--If the plan sponsor of a multiemployer plan which is in endangered or critical status for a plan year beginning in 2020 or 2021 (determined after application of section 103) elects the application of this section, then, for purposes of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986-- (1) except as provided in paragraph (2), the plan's funding improvement period or rehabilitation period, whichever is applicable, shall be 15 years rather than 10 years, and (2) in the case of a plan in seriously endangered status, the plan's funding improvement period shall be 20 years rather than 15 years. (b) Definitions and Special Rules.--For purposes of this section-- (1) Election.--An election under this section shall be made at such time, and in such manner and form, as (in consultation with the Secretary of Labor) the Secretary of the Treasury or the Secretary's delegate may prescribe. (2) Definitions.--Any term which is used in this section which is also used in section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such sections. (c) Effective Date.--This section shall apply to plan years beginning after December 31, 2019. SEC. 105. ADJUSTMENTS TO FUNDING STANDARD ACCOUNT RULES. (a) Adjustments.-- (1) Amendment to employee retirement income security act of 1974.--Section 304(b)(8) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1084(b)(8)) is amended by adding at the end the following new subparagraph: ``(F) Relief for 2020 and 2021.--A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph (without regard to whether such plan previously elected the application of this paragraph) by-- ``(i) substituting `February 29, 2020' for `August 31, 2008' each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II); ``(ii) inserting `and other losses related to virus SARS-CoV-2 or coronavirus disease 2019 (COVID-19) (including experience losses related to reductions in contributions, reductions in employment, and deviations from anticipated retirement rates), as determined by the plan sponsor,' following `net investment losses' where it appears in subparagraph (A)(i); and ``(iii) substituting `If this subparagraph or subparagraph (A) apply' for `If this subparagraph and subparagraph (A) both apply' where it appears in subparagraph (B)(iii). The preceding sentence shall not apply to a plan with respect to which a partition order is in effect under section 4233A.''. (2) Amendment to internal revenue code of 1986.--Section 431(b)(8) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(F) Relief for 2020 and 2021.--A multiemployer plan with respect to which the solvency test under subparagraph (C) is met as of February 29, 2020, may elect to apply this paragraph (without regard to whether such plan previously elected the application of this paragraph) by-- ``(i) substituting `February 29, 2020' for `August 31, 2008' each place it appears in subparagraphs (A)(i), (B)(i)(I), and (B)(i)(II), ``(ii) inserting `and other losses related to virus SARS-CoV-2 or coronavirus disease 2019 (COVID-19) (including experience losses related to reductions in contributions, reductions in employment, and deviations from anticipated retirement rates), as determined by the plan sponsor,' following `net investment losses' where it appears in subparagraph (A)(i), and ``(iii) substituting `If this subparagraph or subparagraph (A) apply' for `If this subparagraph and subparagraph (A) both apply' where it appears in subparagraph (B)(iii). The preceding sentence shall not apply to a plan with respect to which a partition order is in effect under section 4233A of the Employee Retirement Income Security Act of 1974.''. (b) Effective Dates.-- (1) In general.--The amendments made by this section shall take effect as of the first day of the first plan year ending on or after February 29, 2020, except that any election a plan makes pursuant to this section that affects the plan's funding standard account for the first plan year beginning after February 29, 2020, shall be disregarded for purposes of applying the provisions of section 305 of the Employee Retirement Income Security Act of 1974 and section 432 of the Internal Revenue Code of 1986 to such plan year. (2) Restrictions on benefit increases.--Notwithstanding paragraph (1), the restrictions on plan amendments increasing benefits in sections 304(b)(8)(D) of such Act and 431(b)(8)(D) of such Code, as applied by the amendments made by this section, shall take effect on the date of enactment of this Act. SEC. 106. PBGC GUARANTEE FOR PARTICIPANTS IN MULTIEMPLOYER PLANS. Section 4022A(c)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1322a(c)(1)) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) 100 percent of the accrual rate up to $15, plus 75 percent of the lesser of-- ``(i) $70; or ``(ii) the accrual rate, if any, in excess of $15; and ``(B) the number of the participant's years of credited service. For each calendar year after the first full calendar year following the date of the enactment of the Emergency Pension Plan Relief Act of 2021, the accrual rates in subparagraph (A) shall increase by the national average wage index (as defined in section 209(k)(1) of the Social Security Act). For purposes of this subsection, the rates applicable for determining the guaranteed benefits of the participants of any plan shall be the rates in effect for the calendar year in which the plan becomes insolvent under section 4245 or the calendar year in which the plan is terminated, if earlier.''. TITLE II--RELIEF FOR SINGLE EMPLOYER PENSION PLANS SEC. 201. EXTENDED AMORTIZATION FOR SINGLE EMPLOYER PLANS. (a) 15-Year Amortization Under the Internal Revenue Code of 1986.-- Section 430(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(8) 15-year amortization.--With respect to plan years beginning after December 31, 2019-- ``(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2019 (and all shortfall amortization installments determined with respect to such bases), shall be reduced to zero, and ``(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting `15-plan-year period' for `7-plan-year period'.''. (b) 15-Year Amortization Under the Employee Retirement Income Security Act of 1974.--Section 303(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(c)) is amended by adding at the end the following new paragraph: ``(8) 15-year amortization.--With respect to plan years beginning after December 31, 2019-- ``(A) the shortfall amortization bases for all plan years preceding the first plan year beginning after December 31, 2019 (and all shortfall amortization installments determined with respect to such bases), shall be reduced to zero, and ``(B) subparagraphs (A) and (B) of paragraph (2) shall each be applied by substituting `15-plan-year period' for `7-plan-year period'.''. (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after December 31, 2019. SEC. 202. EXTENSION OF PENSION FUNDING STABILIZATION PERCENTAGES FOR SINGLE EMPLOYER PLANS. (a) Amendments to Internal Revenue Code of 1986.-- (1) In general.--The table contained in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows: ------------------------------------------------------------------------ The The applicable applicable ``If the calendar year is: minimum maximum percentage percentage is: is: ------------------------------------------------------------------------ Any year in the period starting in 2012 and 90% 110% ending in 2019............................... Any year in the period starting in 2020 and 95% 105% ending in 2025............................... 2026.......................................... 90% 110% 2027.......................................... 85% 115% 2028.......................................... 80% 120% 2029.......................................... 75% 125% After 2029.................................... 70% 130%.''. ------------------------------------------------------------------------ (2) Floor on 25-year averages.--Subclause (I) of section 430(h)(2)(C)(iv) of such Code is amended by adding at the end the following: ``Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.''. (b) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--The table contained in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended to read as follows: ------------------------------------------------------------------------ The The applicable applicable ``If the calendar year is: minimum maximum percentage percentage is: is: ------------------------------------------------------------------------ Any year in the period starting in 2012 and 90% 110% ending in 2019............................... Any year in the period starting in 2020 and 95% 105% ending in 2025............................... 2026.......................................... 90% 110% 2027.......................................... 85% 115% 2028.......................................... 80% 120% 2029.......................................... 75% 125% After 2029.................................... 70% 130%.''. ------------------------------------------------------------------------ (2) Conforming amendments.-- (A) In general.--Section 101(f)(2)(D) of such Act (29 U.S.C. 1021(f)(2)(D)) is amended-- (i) in clause (i) by striking ``and the Bipartisan Budget Act of 2015'' both places it appears and inserting ``, the Bipartisan Budget Act of 2015, and the Emergency Pension Plan Relief Act of 2021'', and (ii) in clause (ii) by striking ``2023'' and inserting ``2029''. (B) Statements.--The Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section. (3) Floor on 25-year averages.--Subclause (I) of section 303(h)(2)(C)(iv) of such Act (29 U.S.C. 1083(h)(2)(C)(iv)(II)) is amended by adding at the end the following: ``Notwithstanding anything in this subclause, if the average of the first, second, or third segment rate for any 25-year period is less than 5 percent, such average shall be deemed to be 5 percent.''. (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning after December 31, 2019. all
H.R. 424 (Introduced in House) - Safe Scooters Act	https://www.govinfo.gov/content/pkg/BILLS-117hr424ih/html/BILLS-117hr424ih.htm	DOC 117th CONGRESS 1st Session H. R. 424 To require the Secretary of Transportation to conduct a study on the unsafe use of electric scooters, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Sires introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To require the Secretary of Transportation to conduct a study on the unsafe use of electric scooters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Scooters Act''. SEC. 2. STUDY ON THE UNSAFE USE OF ELECTRIC SCOOTERS. (a) Study Required.--The Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration, shall conduct a study on-- (1) the behavior of individuals using electric scooters while under the influence of alcohol or drugs; (2) the involvement of electric scooters in traffic accidents; and (3) the effects on pedestrian, scooter user, and motorist safety resulting from-- (A) the lack of laws governing the use of electric scooters; and (B) a lack of required training on the safe operation of electric scooters prior to an individual using such a scooter. (b) Report.--Not later than 12 months after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration shall submit to Congress a report containing Federal, State, and local policy recommendations based on the findings of the study required by this section. all
"H.R. 425 (Introduced in House)- To amend the Energy Independence and Security Act of 2007 to 
reauthorize the Energy Efficiency and Conservation Block Grant Program, 
and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr425ih/html/BILLS-117hr425ih.htm	DOC 117th CONGRESS 1st Session H. R. 425 To amend the Energy Independence and Security Act of 2007 to reauthorize the Energy Efficiency and Conservation Block Grant Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Stanton (for himself, Mr. Fitzpatrick, Mr. Veasey, and Mr. Van Drew) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Energy Independence and Security Act of 2007 to reauthorize the Energy Efficiency and Conservation Block Grant Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM. (a) Purpose.--Section 542(b)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (B), by striking the semicolon and inserting ``; and''; and (3) by adding at the end the following: ``(C) diversifies energy supplies, including by facilitating and promoting the use of alternative fuels;''. (b) Use of Funds.--Section 544(9) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154(9)) is amended to read as follows: ``(9) deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels, including-- ``(A) distributed resources; ``(B) district heating and cooling systems; and ``(C) infrastructure for delivering alternative fuels;''. (c) Competitive Grants.--Section 546(c)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2)) is amended by inserting ``, including projects to expand the use of alternative fuels'' before the period at the end. (d) Funding.--Section 548(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as follows: ``(a) Authorization of Appropriations.-- ``(1) Grants.--There is authorized to be appropriated to the Secretary to carry out the program $3,500,000,000 for each of fiscal years 2022 through 2026. ``(2) Administrative costs.--The Secretary may use for administrative expenses of the program not more than 1 percent of the amounts made available under paragraph (1) in each of fiscal years 2022 through 2026.''. (e) Technical Amendments.--Section 543 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153) is amended-- (1) in subsection (c), by striking ``subsection (a)(2)'' and inserting ``subsection (a)(3)''; and (2) in subsection (d), by striking ``subsection (a)(3)'' and inserting ``subsection (a)(4)''. all
H.R. 426 (Introduced in House) - Protection of Women and Girls in Sports Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr426ih/html/BILLS-117hr426ih.htm	DOC 117th CONGRESS 1st Session H. R. 426 To provide that for purposes of determining compliance with title IX of the Education Amendments of 1972 in athletics, sex shall be recognized based solely on a person's reproductive biology and genetics at birth. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Steube (for himself, Mrs. Lesko, Mr. Banks, Mr. LaMalfa, Mr. Allen, Mr. Hern, Mrs. Greene of Georgia, Mr. Cawthorn, Mr. Gaetz, Mr. Brooks, Mr. Moore of Alabama, Mr. Good of Virginia, Mr. Johnson of Ohio, and Mr. Duncan) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To provide that for purposes of determining compliance with title IX of the Education Amendments of 1972 in athletics, sex shall be recognized based solely on a person's reproductive biology and genetics at birth. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Women and Girls in Sports Act of 2021''. SEC. 2. AMENDMENT. Section 901 of the Education Amendments of 1972 (20 U.S.C. 1681) is amended by adding at the end the following: ``(d)(1) It shall be a violation of subsection (a) for a recipient of Federal funds who operates, sponsors, or facilitates athletic programs or activities to permit a person whose sex is male to participate in an athletic program or activity that is designated for women or girls. ``(2) For purposes of this subsection, sex shall be recognized based solely on a person's reproductive biology and genetics at birth.''. all
H.R. 427 (Introduced in House) - Moving H–2A to United States Department of Agriculture Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr427ih/html/BILLS-117hr427ih.htm	DOC 117th CONGRESS 1st Session H. R. 427 To transfer the administration of the H-2A program from the Secretary of Labor to the Secretary of Agriculture, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To transfer the administration of the H-2A program from the Secretary of Labor to the Secretary of Agriculture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Moving H-2A to United States Department of Agriculture Act of 2021''. SEC. 2. ADMINISTRATION OF H-2A PROGRAM. (a) In General.--Section 218 of the Immigration and Nationality Act (8 U.S.C. 1188) is amended-- (1) by striking ``Secretary of Labor'' and inserting ``Secretary of Agriculture''; and (2) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''. (b) Timing.-- (1) Effective date of amendments.--The amendments made in subsection (a) shall take effect on the date that is 60 days after the date of the enactment of this section. (2) Transfer of program administration.--On the date that is 60 days after the date of the enactment of this section, the Secretary of Labor shall take such actions as are necessary to provide to the Secretary of Agriculture any personnel, funding, and other materials necessary to transfer administration of the H-2A program under section 218 of the Immigration and Nationality Act (8 U.S.C. 1188), to the Secretary of Agriculture. all
H.R. 428 (Introduced in House) - No Bonuses Ahead of Bankruptcy Filing Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr428ih/html/BILLS-117hr428ih.htm	DOC 117th CONGRESS 1st Session H. R. 428 To amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals employed by the debtor and insiders of the debtor to perform services during the bankruptcy case, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals employed by the debtor and insiders of the debtor to perform services during the bankruptcy case, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Bonuses Ahead of Bankruptcy Filing Act of 2021''. SEC. 2. AMENDMENT. Section 503 of title 11 of the United States Code is amended by adding at the end the following: ``(d)(1) During the 2-year period ending 1 year after the date of the filing of the petition and notwithstanding any other provision of this section, there shall neither be allowed nor paid a bonus to-- ``(A) an individual employed by the debtor at an annual rate of compensation exceeding $250,000; ``(B) an insider of the debtor; or ``(C) an individual employed by the debtor to the extent that such bonus would cause that individual's annual rate of compensation to exceed $250,000. ``(2) For purposes of this subsection, the term `bonus' means a transfer to, or obligation incurred for the benefit of, an individual employed by the debtor or insider of the debtor as compensation for services in an amount that-- ``(A) is in addition to the existing wages, salary, or base compensation of an insider of the debtor or individual employed by the debtor; and ``(B) can be construed as a form of retention, incentive, or reward related to the services provided to the debtor by the insider or the individual employed by the debtor. The term `bonus' does not include a sales commission. Nor does the term `bonus' include any transfer or obligation pursuant to the terms of a collective bargaining agreement. ``(3) The term `an individual employed by the debtor' includes, but is not limited to, an employee, consultant, or contractor.''. SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT. (a) Effective Date.--Except as provided in subsection (b), this Act and the amendment made by this Act shall take effect on the date of the enactment of this Act. (b) Application of Amendment.--The amendment made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act. all
H.R. 429 (Introduced in House) - Mobile Workforce State Income Tax Simplification Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr429ih/html/BILLS-117hr429ih.htm	DOC 117th CONGRESS 1st Session H. R. 429 To limit the authority of States to tax certain income of employees for employment duties performed in other States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To limit the authority of States to tax certain income of employees for employment duties performed in other States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mobile Workforce State Income Tax Simplification Act of 2021''. SEC. 2. LIMITATIONS ON STATE WITHHOLDING AND TAXATION OF EMPLOYEE INCOME. (a) In General.--No part of the wages or other remuneration earned by an employee who performs employment duties in more than one State shall be subject to income tax in any State other than-- (1) the State of the employee's residence; and (2) the State within which the employee is present and performing employment duties for more than 30 days during the calendar year in which the wages or other remuneration is earned. (b) Wages or Other Remuneration.--Wages or other remuneration earned in any calendar year shall not be subject to State income tax withholding and reporting requirements unless the employee is subject to income tax in such State under subsection (a). Income tax withholding and reporting requirements under subsection (a)(2) shall apply to wages or other remuneration earned as of the commencement date of employment duties in the State during the calendar year. (c) Operating Rules.--For purposes of determining penalties related to an employer's State income tax withholding and reporting requirements-- (1) an employer may rely on an employee's annual determination of the time expected to be spent by such employee in the States in which the employee will perform duties absent-- (A) the employer's actual knowledge of fraud by the employee in making the determination; or (B) collusion between the employer and the employee to evade tax; (2) except as provided in paragraph (3), if records are maintained by an employer in the regular course of business that record the location of an employee, such records shall not preclude an employer's ability to rely on an employee's determination under paragraph (1); and (3) notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system that tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee's determination under paragraph (1). (d) Definitions and Special Rules.--For purposes of this Act: (1) Day.-- (A) Except as provided in subparagraph (B), an employee is considered present and performing employment duties within a State for a day if the employee performs more of the employee's employment duties within such State than in any other State during a day. (B) If an employee performs employment duties in a resident State and in only one nonresident State during one day, such employee shall be considered to have performed more of the employee's employment duties in the nonresident State than in the resident State for such day. (C) For purposes of this paragraph, the portion of the day during which the employee is in transit shall not be considered in determining the location of an employee's performance of employment duties. (2) Employee.--The term ``employee'' has the same meaning given to it by the State in which the employment duties are performed, except that the term ``employee'' shall not include a professional athlete, professional entertainer, qualified production employee, or certain public figures. (3) Professional athlete.--The term ``professional athlete'' means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete. (4) Professional entertainer.--The term ``professional entertainer'' means a person of prominence who performs services in the professional performing arts for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer. (5) Qualified production employee.--The term ``qualified production employee'' means a person who performs production services of any nature directly in connection with a State qualified, certified or approved film, television or other commercial video production for wages or other remuneration, provided that the wages or other remuneration paid to such person are qualified production costs or expenditures under such State's qualified, certified or approved film incentive program, and that such wages or other remuneration must be subject to withholding under such film incentive program as a condition to treating such wages or other remuneration as a qualified production cost or expenditure. (6) Certain public figures.--The term ``certain public figures'' means persons of prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event, in the nature of a speech, public appearance, or similar event. (7) Employer.--The term ``employer'' has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 (26 U.S.C. 3401(d)), unless such term is defined by the State in which the employee's employment duties are performed, in which case the State's definition shall prevail. (8) State.--The term ``State'' means any of the several States. (9) Time and attendance system.--The term ``time and attendance system'' means a system in which-- (A) the employee is required on a contemporaneous basis to record his work location for every day worked outside of the State in which the employee's employment duties are primarily performed; and (B) the system is designed to allow the employer to allocate the employee's wages for income tax purposes among all States in which the employee performs employment duties for such employer. (10) Wages or other remuneration.--The term ``wages or other remuneration'' may be limited by the State in which the employment duties are performed. SEC. 3. EFFECTIVE DATE; APPLICABILITY. (a) Effective Date.--This Act shall take effect on January 1 of the second calendar year that begins after the date of the enactment of this Act. (b) Applicability.--This Act shall not apply to any tax obligation that accrues before the effective date of this Act. all
H.R. 42 (Introduced in House) - Judicial Administration and Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr42ih/html/BILLS-117hr42ih.htm	DOC 117th CONGRESS 1st Session H. R. 42 To amend title 28, United States Code, to divide the ninth judicial circuit of the United States into 2 circuits, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to divide the ninth judicial circuit of the United States into 2 circuits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Administration and Improvement Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3. (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3. SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Hawaii, Oregon, Washington, Guam, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada.''. SEC. 4. NUMBER OF CIRCUIT JUDGES. The table contained in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth......................................................... 21''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth....................................................... 8''. SEC. 5. PLACES OF CIRCUIT COURT. The table contained in section 48(a) of title 28, United States Code, is amended by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Anchorage, Missoula.''. SEC. 6. ELECTION OF ASSIGNMENT OF CIRCUIT JUDGES. (a) In General.--Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Oregon, Washington, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) subject to subsection (b), is in Alaska, Arizona, Idaho, Montana, or Nevada, shall be a circuit judge of the twelfth circuit as of such effective date. (b) Election by Certain Circuit Judges.--A circuit judge in regular active service as described in subsection (a)(2) may elect to be permanently assigned to the new ninth circuit as of such effective date by notifying the Director of the Administrative Office of the United States Courts of such election. (c) Vacancies.--For each individual serving in the position of circuit judge of the former ninth circuit whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, after the date on which such individual ceases to serve as a circuit judge, the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, without regard to whether such individual makes an election described in subsection (b). SEC. 7. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit, whose official duty station on the day before the effective date of this Act is in Alaska, Arizona, Idaho, Montana, or Nevada, may elect to be assigned to the new ninth circuit or the twelfth circuit as of such effective date and shall notify the Director of the Administrative Office of the United States Courts of such election. SEC. 8. AUTHORIZATION OF TEMPORARY JUDGESHIPS. (a) In General.--For each circuit judge in regular active service who elects to be assigned to the new ninth circuit under section 6(b), the President shall appoint, by and with the advice and consent of the Senate, 1 additional circuit judge for the twelfth circuit, resident in the duty station of the circuit judge making the election as of the day before the effective date of this Act. (b) Vacancies.--For each appointment made under subsection (a) for the twelfth circuit, an equal number of corresponding vacancies in the position of circuit judge for the twelfth circuit shall not be filled. SEC. 9. SENIORITY OF JUDGES. (a) In General.--The seniority of each judge-- (1) who elects to be assigned to the twelfth circuit under section 6(b); (2) who elects to be assigned to the new ninth circuit under section 6(b); or (3) who elects to be assigned to the twelfth circuit under section 7, shall run from the date of commission of such judge as a judge of the former ninth circuit. (b) Temporary Twelfth Circuit Judges.--The seniority of each judge appointed under section 8(a) shall run from the date of commission of such judge as a judge of the twelfth circuit. SEC. 10. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 11. ADMINISTRATION. (a) In General.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the effective date of this Act. SEC. 12. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for any judicial positions created by this Act or an amendment made by this Act. all
H.R. 430 (Introduced in House) - Veterans Cannabis Use for Safe Healing Act	https://www.govinfo.gov/content/pkg/BILLS-117hr430ih/html/BILLS-117hr430ih.htm	DOC 117th CONGRESS 1st Session H. R. 430 To prohibit the Secretary of Veterans Affairs from denying a veteran benefits administered by the Secretary by reason of the veteran participating in a State-approved marijuana program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Steube introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To prohibit the Secretary of Veterans Affairs from denying a veteran benefits administered by the Secretary by reason of the veteran participating in a State-approved marijuana program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Cannabis Use for Safe Healing Act''. SEC. 2. VETERAN PARTICIPATION IN STATE-APPROVED MARIJUANA PROGRAMS. (a) Provision of Benefits.--Notwithstanding any other provision of law, the Secretary of Veterans Affairs may not deny a veteran any benefit under the laws administered by the Secretary by reason of the veteran participating in a State-approved marijuana program. (b) Consultation.--With respect to a veteran who is enrolled in the system of patient enrollment under section 1705 of title 38, United States Code, and participates in a State-approved marijuana program, the Secretary shall ensure that physicians and other health care providers of the Veterans Health Administration-- (1) discuss marijuana use with the veteran and adjust medical treatment plans accordingly; and (2) record such use in the medical records of the veteran. (c) Provision of Information.--Notwithstanding any other provision of law, the Secretary shall authorize physicians and other health care providers of the Veterans Health Administration of the Department of Veterans Affairs to provide recommendations and opinions to veterans who are residents of States with State-approved marijuana programs regarding the participation of veterans in such programs. (d) Definitions.--In this section: (1) The term ``marijuana'' has the meaning given the term ``marihuana'' in section 102 of the Controlled Substances Act (21 U.S.C. 802). (2) The term ``State'' has the meaning given that term in section 101 of title 38, United States Code. all
H.R. 431 (Introduced in House) - Access Technology Affordability Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr431ih/html/BILLS-117hr431ih.htm	DOC 117th CONGRESS 1st Session H. R. 431 To amend the Internal Revenue Code of 1986 to allow a refundable tax credit against income tax for the purchase of qualified access technology for the blind. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Thompson of California (for himself and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to allow a refundable tax credit against income tax for the purchase of qualified access technology for the blind. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access Technology Affordability Act of 2021''. SEC. 2. CREDIT FOR QUALIFIED ACCESS TECHNOLOGY FOR THE BLIND. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: ``SEC. 36C. CREDIT FOR QUALIFIED ACCESS TECHNOLOGY FOR THE BLIND. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this subtitle an amount equal to amounts paid or incurred during the taxable year, not compensated for by insurance or otherwise, by the taxpayer for qualified access technology for use by a qualified blind individual who is the taxpayer, the taxpayer's spouse, or any dependent (as defined in section 152) of the taxpayer. ``(b) Limitation.--The aggregate amount of the credit allowed under subsection (a) with respect to any qualified blind individual shall not exceed $2,000 in any 3-consecutive-taxable-year period. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified blind individual.--The term `qualified blind individual' means an individual who is blind within the meaning of section 63(f)(4). ``(2) Qualified access technology defined.--The term `qualified access technology' means hardware, software, or other information technology the primary function of which is to convert or adapt information which is visually represented into forms or formats useable by blind individuals. ``(d) Denial of Double Benefit.--No credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of a taxable year beginning after 2021, the $2,000 amount in subsection (b) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2020' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(2) Rounding.--If the amount as adjusted under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100. ``(f) Termination.--This section shall not apply with respect to amounts paid or incurred in taxable years beginning after December 31, 2026.''. (b) Conforming Amendments.-- (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting ``, 36C'' after ``36B''. (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting ``, 36C'' after ``, 36B''. (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: ``Sec. 36C. Credit for qualified access technology for the blind.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. all
H.R. 432 (Introduced in House) - Mental Health Access Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr432ih/html/BILLS-117hr432ih.htm	DOC 117th CONGRESS 1st Session H. R. 432 To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Thompson of California (for himself and Mr. Katko) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Access Improvement Act of 2021''. SEC. 2. COVERAGE OF MARRIAGE AND FAMILY THERAPIST SERVICES AND MENTAL HEALTH COUNSELOR SERVICES UNDER PART B OF THE MEDICARE PROGRAM. (a) Coverage of Services.-- (1) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking ``and'' after the semicolon at the end; (B) in subparagraph (HH), by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following new subparagraph: ``(II) marriage and family therapist services (as defined in subsection (lll)(1)) and mental health counselor services (as defined in subsection (lll)(3));''. (2) Definitions.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor ``(lll)(1) The term `marriage and family therapist services' means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(2) The term `marriage and family therapist' means an individual who-- ``(A) possesses a master's or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; ``(B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. ``(3) The term `mental health counselor services' means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician's professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. ``(4) The term `mental health counselor' means an individual who-- ``(A) possesses a master's or doctor's degree in mental health counseling or a related field; ``(B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and ``(C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State.''. (3) Provision for payment under part b.--Section 1832(a)(2)(B) of the Social Security Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the following new clause: ``(v) marriage and family therapist services (as defined in section 1861(lll)(1)) and mental health counselor services (as defined in section 1861(lll)(3));''. (4) Amount of payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (CC)'' and inserting ``(CC)''; and (B) by inserting before the semicolon at the end the following: ``, and (DD) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(II), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L)''. (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system.--Section 1888(e)(2)(A)(ii) of the Social Security Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting ``marriage and family therapist services (as defined in section 1861(lll)(1)), mental health counselor services (as defined in section 1861(lll)(3)),'' after ``qualified psychologist services,''. (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims.-- Section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)) is amended by adding at the end the following new clauses: ``(vii) A marriage and family therapist (as defined in section 1861(lll)(2)). ``(viii) A mental health counselor (as defined in section 1861(lll)(4)).''. (b) Coverage of Certain Mental Health Services Provided in Certain Settings.-- (1) Rural health clinics and federally qualified health centers.--Section 1861(aa)(1)(B) of the Social Security Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking ``or by a clinical social worker (as defined in subsection (hh)(1))'' and inserting ``, by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (lll)(2)), or by a mental health counselor (as defined in subsection (lll)(4))''. (2) Hospice programs.--Section 1861(dd)(2)(B)(i)(III) of the Social Security Act (42 U.S.C. 1395x(dd)(2)(B)(i)(III)) is amended by inserting ``, marriage and family therapist, or mental health counselor'' after ``social worker''. (c) Authorization of Marriage and Family Therapists and Mental Health Counselors To Develop Discharge Plans for Post-Hospital Services.--Section 1861(ee)(2)(G) of the Social Security Act (42 U.S.C. 1395x(ee)(2)(G)) is amended by inserting ``, including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary'' before the period at the end. (d) Effective Date.--The amendments made by this section shall apply with respect to services furnished on or after January 1, 2022. all
H.R. 433 (Engrossed in House) - Family Support Services for Addiction Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr433eh/html/BILLS-117hr433eh.htm	DOC 117th CONGRESS 1st Session H. R. 433 _______________________________________________________________________ AN ACT To establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Support Services for Addiction Act of 2021''. SEC. 2. FAMILY SUPPORT SERVICES FOR INDIVIDUALS STRUGGLING WITH SUBSTANCE USE DISORDER. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 553. FAMILY SUPPORT SERVICES FOR INDIVIDUALS STRUGGLING WITH SUBSTANCE USE DISORDER. ``(a) Definitions.--In this section-- ``(1) the term `family community organization' means an independent nonprofit organization that-- ``(A) mobilizes resources within and outside of the community of families with individuals living with addiction, to provide a support network, education, and evidence-informed tools for families and loved ones of individuals struggling with substance use disorders; and ``(B) is governed by experts in the field of addiction, which may include-- ``(i) experts in evidence-informed interventions for family members; ``(ii) experts in the impact of addiction on family systems; ``(iii) families who have experience with substance use disorders and addiction; and ``(iv) other experts in the field of addiction; and ``(2) the term `family support services' means resources or programs that support families that include an individual with substance use disorder. ``(b) Grants Authorized.--The Secretary shall award grants to family community organizations to enable such organizations to develop, expand, and enhance evidence-informed family support services. ``(c) Federal Share.--The Federal share of the costs of a program funded by a grant under this section may not exceed 85 percent. ``(d) Use of Funds.--Grants awarded under subsection (b)-- ``(1) shall be used to develop, expand, and enhance community and statewide evidence-informed family support services; and ``(2) may be used to-- ``(A) build connections between family support networks, including providing technical assistance between family community organizations and peer support networks, and with other family support services, focused on enhancing knowledge of evidence-informed interventions for family members and loved ones of individuals living with substance use disorders and reducing harm by educating service providers on current evidence regarding addiction and the family, including-- ``(i) behavioral health providers, including such providers focused specifically on family and couples therapy in the context of addiction; ``(ii) primary care providers; ``(iii) providers of foster care services or support services for grandparents, guardians, and other extended family impacted by addiction; and ``(iv) other family support services that connect to community resources for individuals with substance use disorders, including non- clinical community services; ``(B) reduce stigma associated with the family of individuals with substance use disorders by improving knowledge about addiction and its treatment, providing compassionate support, and dispelling myths that perpetuate such stigma; ``(C) conduct outreach on issues relating to substance use disorders and family support, which may include education, training, and resources with respect to-- ``(i) building a resilience- and strengths- based approach to prevention of, and living with, addiction in the family; ``(ii) identifying the signs of substance use disorder; ``(iii) adopting an approach that minimizes harm to all family members; and ``(iv) families of individuals with a substance use disorder, including with respect to-- ``(I) navigating the treatment and recovery systems; ``(II) paying for addiction treatment; ``(III) education about substance use disorder; and ``(IV) avoiding predatory treatment programs; and ``(D) connect families to evidence-informed peer support programs. ``(e) Data Reporting and Program Oversight.--With respect to a grant awarded under subsection (a), not later than 90 days after the end of the first year of the grant period, and annually thereafter for the duration of the grant period, the entity shall submit data, as appropriate and to the extent practicable, to the Secretary regarding-- ``(1) the programs and activities funded by the grant; ``(2) health outcomes of the population of individuals with a substance use disorder who received services through programs supported by the grant, as evaluated by an independent program evaluator through the use of outcomes measures, as determined by the Secretary; and ``(3) any other information that the secretary may require for the purpose of ensuring that the grant recipient is complying with all the requirements of the grant. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives May 12, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 433 _______________________________________________________________________ AN ACT To establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families.
H.R. 433 (Introduced in House) - Family Support Services for Addiction Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr433ih/html/BILLS-117hr433ih.htm	DOC 117th CONGRESS 1st Session H. R. 433 To establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Trone (for himself and Mr. Meuser) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Support Services for Addiction Act of 2021''. SEC. 2. FAMILY SUPPORT SERVICES FOR INDIVIDUALS STRUGGLING WITH SUBSTANCE USE DISORDER. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 553. FAMILY SUPPORT SERVICES FOR INDIVIDUALS STRUGGLING WITH SUBSTANCE USE DISORDER. ``(a) Definitions.--In this section-- ``(1) the term `family community organization' means an independent nonprofit organization that-- ``(A) mobilizes resources within and outside of the community of families with individuals living with addiction, to provide a support network, education, and evidence-informed tools for families and loved ones of individuals struggling with substance use disorders; and ``(B) is governed by experts in the field of addiction, which may include-- ``(i) experts in evidence-informed interventions for family members; ``(ii) experts in the impact of addiction on family systems; ``(iii) families who have experience with substance use disorders and addiction; and ``(iv) other experts in the field of addiction; and ``(2) the term `family support services' means resources or programs that support families that include an individual with substance use disorder. ``(b) Grants Authorized.--The Secretary shall award grants to family community organizations to enable such organizations to develop, expand, and enhance evidence-informed family support services. ``(c) Federal Share.--The Federal share of the costs of a program funded by a grant under this section may not exceed 85 percent. ``(d) Use of Funds.--Grants awarded under subsection (b)-- ``(1) shall be used to develop, expand, and enhance community and statewide evidence-informed family support services; and ``(2) may be used to-- ``(A) build connections between family support networks, including providing technical assistance between family community organizations and peer support networks, and with other family support services, focused on enhancing knowledge of evidence-informed interventions for family members and loved ones of individuals living with substance use disorders and reducing harm by educating service providers on current evidence regarding addiction and the family, including-- ``(i) behavioral health providers, including such providers focused specifically on family and couples therapy in the context of addiction; ``(ii) primary care providers; ``(iii) providers of foster care services or support services for grandparents, guardians, and other extended family impacted by addiction; and ``(iv) other family support services that connect to community resources for individuals with substance use disorders, including non- clinical community services; ``(B) reduce stigma associated with the family of individuals with substance use disorders by improving knowledge about addiction and its treatment, providing compassionate support, and dispelling myths that perpetuate such stigma; ``(C) conduct outreach on issues relating to substance use disorders and family support, which may include education, training, and resources with respect to-- ``(i) building a resilience- and strengths- based approach to prevention of, and living with, addiction in the family; ``(ii) identifying the signs of substance use disorder; ``(iii) adopting an approach that minimizes harm to all family members; and ``(iv) families of individuals with a substance use disorder, including with respect to-- ``(I) navigating the treatment and recovery systems; ``(II) paying for addiction treatment; ``(III) education about substance use disorder; and ``(IV) avoiding predatory treatment programs; and ``(D) connect families to evidence-informed peer support programs. ``(e) Data Reporting and Program Oversight.--With respect to a grant awarded under subsection (a), not later than 90 days after the end of the first year of the grant period, and annually thereafter for the duration of the grant period, the entity shall submit data, as appropriate and to the extent practicable, to the Secretary regarding-- ``(1) the programs and activities funded by the grant; ``(2) health outcomes of the population of individuals with a substance use disorder who received services through programs supported by the grant, as evaluated by an independent program evaluator through the use of outcomes measures, as determined by the Secretary; and ``(3) any other information that the secretary may require for the purpose of ensuring that the grant recipient is complying with all the requirements of the grant. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. all
H.R. 433 (Referred in Senate) - Family Support Services for Addiction Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr433rfs/html/BILLS-117hr433rfs.htm	DOC 117th CONGRESS 1st Session H. R. 433 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To establish a grant program for family community organizations that provide support for individuals struggling with substance use disorder and their families. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Support Services for Addiction Act of 2021''. SEC. 2. FAMILY SUPPORT SERVICES FOR INDIVIDUALS STRUGGLING WITH SUBSTANCE USE DISORDER. Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: ``SEC. 553. FAMILY SUPPORT SERVICES FOR INDIVIDUALS STRUGGLING WITH SUBSTANCE USE DISORDER. ``(a) Definitions.--In this section-- ``(1) the term `family community organization' means an independent nonprofit organization that-- ``(A) mobilizes resources within and outside of the community of families with individuals living with addiction, to provide a support network, education, and evidence-informed tools for families and loved ones of individuals struggling with substance use disorders; and ``(B) is governed by experts in the field of addiction, which may include-- ``(i) experts in evidence-informed interventions for family members; ``(ii) experts in the impact of addiction on family systems; ``(iii) families who have experience with substance use disorders and addiction; and ``(iv) other experts in the field of addiction; and ``(2) the term `family support services' means resources or programs that support families that include an individual with substance use disorder. ``(b) Grants Authorized.--The Secretary shall award grants to family community organizations to enable such organizations to develop, expand, and enhance evidence-informed family support services. ``(c) Federal Share.--The Federal share of the costs of a program funded by a grant under this section may not exceed 85 percent. ``(d) Use of Funds.--Grants awarded under subsection (b)-- ``(1) shall be used to develop, expand, and enhance community and statewide evidence-informed family support services; and ``(2) may be used to-- ``(A) build connections between family support networks, including providing technical assistance between family community organizations and peer support networks, and with other family support services, focused on enhancing knowledge of evidence-informed interventions for family members and loved ones of individuals living with substance use disorders and reducing harm by educating service providers on current evidence regarding addiction and the family, including-- ``(i) behavioral health providers, including such providers focused specifically on family and couples therapy in the context of addiction; ``(ii) primary care providers; ``(iii) providers of foster care services or support services for grandparents, guardians, and other extended family impacted by addiction; and ``(iv) other family support services that connect to community resources for individuals with substance use disorders, including non- clinical community services; ``(B) reduce stigma associated with the family of individuals with substance use disorders by improving knowledge about addiction and its treatment, providing compassionate support, and dispelling myths that perpetuate such stigma; ``(C) conduct outreach on issues relating to substance use disorders and family support, which may include education, training, and resources with respect to-- ``(i) building a resilience- and strengths- based approach to prevention of, and living with, addiction in the family; ``(ii) identifying the signs of substance use disorder; ``(iii) adopting an approach that minimizes harm to all family members; and ``(iv) families of individuals with a substance use disorder, including with respect to-- ``(I) navigating the treatment and recovery systems; ``(II) paying for addiction treatment; ``(III) education about substance use disorder; and ``(IV) avoiding predatory treatment programs; and ``(D) connect families to evidence-informed peer support programs. ``(e) Data Reporting and Program Oversight.--With respect to a grant awarded under subsection (a), not later than 90 days after the end of the first year of the grant period, and annually thereafter for the duration of the grant period, the entity shall submit data, as appropriate and to the extent practicable, to the Secretary regarding-- ``(1) the programs and activities funded by the grant; ``(2) health outcomes of the population of individuals with a substance use disorder who received services through programs supported by the grant, as evaluated by an independent program evaluator through the use of outcomes measures, as determined by the Secretary; and ``(3) any other information that the secretary may require for the purpose of ensuring that the grant recipient is complying with all the requirements of the grant. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. Passed the House of Representatives May 12, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 434 (Introduced in House) - Preventing Mental Health and Substance Use Crises During Emergencies Act	https://www.govinfo.gov/content/pkg/BILLS-117hr434ih/html/BILLS-117hr434ih.htm	DOC 117th CONGRESS 1st Session H. R. 434 To direct the Secretary of Health and Human Services to convene a task force to advise the Assistant Secretary for Mental Health and Substance Use on a national strategy for preventing mental health and substance use crises during a public health emergency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Trone (for himself and Mr. Womack) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services to convene a task force to advise the Assistant Secretary for Mental Health and Substance Use on a national strategy for preventing mental health and substance use crises during a public health emergency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Mental Health and Substance Use Crises During Emergencies Act''. SEC. 2. FINDINGS. (a) Findings.--Congress finds the following: (1) The United States invests annually in the public mental health of Americans. (2) Congress appropriated $5.87 billion in fiscal year 2021 to the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. (3) Funds are also appropriated to address mental health and substance use in targeted populations through the Department of Veterans Affairs, the Department of the Interior, and the National Institute for Mental Health. (4) On January 31, 2020, the Secretary of Health and Human Services declared a public health emergency due to the spread of COVID-19, and extended such declaration, more recently, on January 7, 2021. (5) In August 2020, Congress provided an additional $725 million in supplemental funding to augment mental health and substance use services during the COVID-19 pandemic. (6) Such supplemental funding included $425 million to the Substance Abuse and Mental Health Services Administration, of which-- (A) $110 million was allocated for emergency grants for behavioral health services; (B) $250 million was allocated for the Certified Community Behavioral Health Centers program; and (C) $50 million was allocated for suicide prevention. (7) In December 2020, Congress provided an additional $4.25 billion in supplemental funding to the Substance Abuse and Mental Health Services Administration to provide increased mental health and substance use services and support. (8) The COVID-19 pandemic has exacerbated concerns about the mental health and well-being of Americans. (9) A third of Americans are feeling severe anxiety, according to Census Bureau data, and nearly a quarter show signs of depression. (10) A recent poll by the Kaiser Family Foundation found that the pandemic had negatively affected the mental health of 56 percent of adults. (11) In April 2020, texts to a Federal emergency mental- health line were up 1,000 percent from the year before. (12) The situation is particularly dire for certain vulnerable groups that face a significant risk of post- traumatic stress disorder, including-- (A) health care workers; (B) COVID-19 patients with severe cases; and (C) individuals who have lost loved ones. (13) In overburdened intensive-care units, delirious patients are seeing chilling hallucinations. (14) At least two overwhelmed emergency medical workers have died by suicide since the beginning of the COVID-19 pandemic. (15) The public mental health crisis will continue after the COVID-19 pandemic subsides. (b) Statement of Policy.--It is the policy of the United States to protect the health and safety of all Americans during public health emergencies and to proactively lead public health efforts to advance the mental health of the Nation. SEC. 3. TASK FORCE TO PREVENT MENTAL HEALTH AND SUBSTANCE USE CRISES. (a) In General.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall convene a task force known as the Task Force to Prevent Mental Health and Substance Use Crises (in this section referred to as the ``Task Force'') to-- (1) assess the response of the Federal Government with respect to mental health and substance use during and after the spread of COVID-19; and (2) advise the Assistant Secretary for Mental Health and Substance Use on a national strategy for preventing mental health and substance use crises during a public health emergency. (b) Assessment.--In carrying out subsection (a), the Task Force shall assess-- (1) the efficacy, outcomes, and cost of each Federal initiative taken during the spread of COVID-19 to support mental health and address substance use, including an identification of-- (A) any initiative that was not successful; and (B) best practices and strategies; (2) the ability of Federal agencies to coordinate mental health programs and services and allocate resources to respond to a public health emergency; (3) the ability of Federal agencies to use technology developed through the Small Business Innovation Research Program established under section 9 of the Small Business Act (15 U.S.C. 638) to respond to a public health emergency; (4) the ability of Federal, State, and local agencies to coordinate with other government agencies, nonprofit organizations, and entities in the private sector during a public health emergency; (5) any needed improvements to coordination described in paragraphs (1) and (2); (6) a review of research programs of the Federal agencies listed in subsection (c)(3) with respect to mental health and substance use during a public health emergency; and (7) a review of the amount of funds used by such Federal agencies to support mental health and address substance use during a public health emergency. (c) Membership.-- (1) Chair.--Not later than 60 days after the date of the enactment of this section, the Secretary shall appoint an individual to serve as the Chair of the Task Force. (2) Composition.--The Task Force shall be composed of-- (A) representatives of Federal agencies, including the agencies listed in paragraph (3); (B) representatives of nongovernmental organizations; (C) patient advocates; and (D) State and local public health experts who specialize in mental health and substance use. (3) Federal agencies.--The agencies represented under paragraph (2)(A) shall, at a minimum, include the following: (A) The Centers for Disease Control and Prevention. (B) The National Institute of Mental Health. (C) The National Institutes of Health. (D) The National Institute on Drug Abuse. (E) The Food and Drug Administration. (F) The Health Resources and Services Administration. (G) The Substance Abuse and Mental Health Services Administration. (H) The Agency for Healthcare Research and Quality. (I) The Administration for Children and Families. (J) The Centers for Medicare & Medicaid Services. (K) The Department of the Interior. (L) The Department of Veterans Affairs. (M) The Department of Education. (N) The Department of Defense. (O) The Department of Justice. (P) The Department of Housing and Urban Development. (Q) The Administration for Community Living. (R) The Indian Health Service. (S) The Department of Labor. (d) Meetings.--Not later than 180 days after the date of the enactment of this section, the Secretary shall convene a meeting of the Task Force and shall convene subsequent meetings on a periodic basis. (e) Submissions to Congress.-- (1) Progress report.--Not later than one year after the date of the enactment of this section, the Task Force shall submit to the appropriate congressional committees a report on the progress of the Task Force in carrying out subsection (a). (2) Final report.--Not later than two years after the date of the enactment of this section, the Task Force shall submit, and update on an annual basis, to the appropriate congressional committees a report on the activities of the Task Force in carrying out subsection (a), including-- (A) the results of the assessment under subsection (b); and (B) any findings, conclusions, and recommendations. (f) Disposition of Records.--Upon dissolution of the Task Force, the records of the Task Force shall become records of the Assistant Secretary for Mental Health and Substance Use. (g) Public Health Emergency Defined.--In this section, the term ``public health emergency'' means a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d). SEC. 4. NATIONAL STRATEGY ON MENTAL HEALTH AND SUBSTANCE USE DURING A PUBLIC HEALTH EMERGENCY. Section 501 of the Public Health Service Act (42 U.S.C. 290aa) is amended-- (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: ``(q) National Strategy During Public Health Emergencies.--Not later than 30 months after the date of the enactment of this subsection, and annually thereafter, the Assistant Secretary shall prepare and submit a national strategy to the appropriate congressional committees on preventing mental health and substance use crises during a public health emergency. Such strategy shall be based on the reports submitted to Congress by the Task Force to Prevent Mental Health and Substance Use Crises and include-- ``(1) advancements in research with respect to mental health and substance use during a public health emergency; and ``(2) a plan to increase the ability of Federal agencies to coordinate mental health programs and services and allocate resources to respond to a public health emergency.''. all
H.R. 435 (Introduced in House) - Excluding Pandemic Unemployment Compensation from Income Act	https://www.govinfo.gov/content/pkg/BILLS-117hr435ih/html/BILLS-117hr435ih.htm	DOC 117th CONGRESS 1st Session H. R. 435 To exclude from tax certain payments of Federal pandemic unemployment compensation, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Ms. Velazquez (for herself, Ms. Norton, Ms. Williams of Georgia, Mr. Smith of Washington, Ms. Jayapal, Mr. Meeks, Mr. Welch, Ms. Schakowsky, Ms. Kaptur, Ms. Tlaib, Ms. Wild, Ms. Newman, Ms. Lee of California, Ms. Meng, and Mr. Nadler) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To exclude from tax certain payments of Federal pandemic unemployment compensation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Excluding Pandemic Unemployment Compensation from Income Act''. SEC. 2. CERTAIN PAYMENTS OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION NOT INCLUDIBLE IN GROSS INCOME OR TAKEN INTO ACCOUNT IN DETERMINING CERTAIN MEANS-TESTED BENEFITS. (a) Exclusion From Gross Income.--For purposes of the Internal Revenue Code of 1986, gross income shall not include the amount specified in section 2104(b)(3) of the CARES Act to the extent such amount is received by the taxpayer pursuant to section 2102, 2104, or 2107 of such Act. (b) Disregarded in the Administration of Federal Programs and Federally Assisted Programs.--For purposes of section 6409 of the Internal Revenue Code of 1986, any amount excluded from gross income under subsection (a) shall be treated in the same manner as a refund under such Code. (c) Effective Dates.-- (1) Exclusion.--Subsection (a) shall apply to taxable years ending after the date of the enactment of the CARES Act. (2) Disregard.--Subsection (b) shall apply to amounts received after the date of the enactment of the CARES Act. all
H.R. 436 (Introduced in House) - Canyon Village Land Conveyance Act	https://www.govinfo.gov/content/pkg/BILLS-117hr436ih/html/BILLS-117hr436ih.htm	DOC 117th CONGRESS 1st Session H. R. 436 To require the Secretary of the Interior to convey certain interests in land in the State of Alaska, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To require the Secretary of the Interior to convey certain interests in land in the State of Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Canyon Village Land Conveyance Act''. SEC. 2. CANYON VILLAGE. (a) Conveyance.--Notwithstanding section 2653.3(c) of title 43, Code of Federal Regulations (or successor regulations), or the withdrawal made by section 303(2)(A) of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 94 Stat. 2390), the Secretary of the Interior (referred to in this section as the ``Secretary'') shall convey to Kian Tr'ee Corporation, for the Native Village of Canyon Village, the surface estate in the land selected by the Kian Tr'ee Corporation pursuant to section 14(h)(2) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(2)). (b) Limitation.--The conveyance under subsection (a) shall not exceed 6,400 acres. (c) Subsurface Estate.-- (1) In general.--Unless Doyon, Limited, elects to receive conveyance under paragraph (2), the Secretary shall convey to Doyon, Limited, the subsurface estate in the land conveyed under subsection (a). (2) Alternate selection.--At the option of Doyon, Limited, in lieu of accepting the conveyance under paragraph (1)-- (A) Doyon, Limited, may receive a conveyance from existing selections on land withdrawn pursuant to section 11(a)(3) of the Alaska Native Claims Settlement Act (43 U.S.C. 1610(a)(3)) that is equal in acreage to the subsurface that would otherwise be conveyed under paragraph (1); (B) Doyon, Limited, shall notify the Secretary (acting through the Alaska State Office of the Bureau of Land Management) of the preference of Doyon, Limited, not later than 90 days after the date of enactment of this Act; and (C) the Secretary shall convey to Doyon, Limited, the subsurface estate selected under subparagraph (A). all
"H.R. 437 (Introduced in House)- To amend the Alaska Native Claims Settlement Act to exclude certain 
payments to Alaska Native elders for determining eligibility for certainprograms, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr437ih/html/BILLS-117hr437ih.htm	DOC 117th CONGRESS 1st Session H. R. 437 To amend the Alaska Native Claims Settlement Act to exclude certain payments to Alaska Native elders for determining eligibility for certain programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Alaska Native Claims Settlement Act to exclude certain payments to Alaska Native elders for determining eligibility for certain programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ELIGIBILITY FOR CERTAIN PROGRAMS. Section 29(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c)) is amended-- (1) in subparagraph (D) following the undesignated following paragraph (3), by striking ``and'' at the end; (2) in subparagraph (E) following the undesignated following paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(F) an amount distributed or benefit provided by a Settlement Trust to a Native or descendant of a Native who is 65 years of age or older.''. all
"H.R. 438 (Introduced in House)- To amend the Alyce Spotted Bear and Walter Soboleff Commission on 
Native Children Act to extend the deadline for a report by the Alyce 
Spotted Bear and Walter Soboleff Commission on Native Children, and for 
other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr438ih/html/BILLS-117hr438ih.htm	DOC 117th CONGRESS 1st Session H. R. 438 To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young (for himself, Mr. Case, and Mr. Kahele) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. all
"H.R. 438 (Reported in House) -To amend the Alyce Spotted Bear and Walter Soboleff Commission on 
Native Children Act to extend the deadline for a report by the Alyce 
Spotted Bear and Walter Soboleff Commission on Native Children, and for 
other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr438rh/html/BILLS-117hr438rh.htm	DOC Union Calendar No. 76 117th CONGRESS 1st Session H. R. 438 To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young (for himself, Mr. Case, and Mr. Kahele) introduced the following bill; which was referred to the Committee on Natural Resources July 26, 2021 Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALYCE SPOTTED BEAR AND WALTER SOBOLEFF COMMISSION ON NATIVE CHILDREN REPORT. Section 3(f) of the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act (Public Law 114-244; 130 Stat. 987) is amended, in the matter preceding paragraph (1), by striking ``3 years'' and inserting ``5 years''. Union Calendar No. 76 117th CONGRESS 1st Session H. R. 438 _______________________________________________________________________ A BILL To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes. _______________________________________________________________________ July 26, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 439 (Introduced in House) - Native American Millennium Challenge Demonstration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr439ih/html/BILLS-117hr439ih.htm	DOC 117th CONGRESS 1st Session H. R. 439 To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young (for himself, Mr. Case, and Mr. Kahele) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To direct the Secretary of the Interior to establish a demonstration program to adapt the successful practices of providing foreign aid to underdeveloped economies to the provision of Federal economic development assistance to Native communities in similarly situated remote areas in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Millennium Challenge Demonstration Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to adapt the lessons of foreign aid to underdeveloped economies, such as the experience of the Millennium Challenge Corporation, to the provision of Federal economic development assistance to similarly situated remote Native American communities; (2) to provide Federal economic development assistance for Native American communities through the Native American Challenge Demonstration Project; (3) to administer Federal economic development assistance in a manner that-- (A) promotes economic growth and the elimination of poverty; (B) strengthens good governance, entrepreneurship, and investment in Native American communities; and (C) builds the capacity of Native people to grow sustainable local economies; (4) to improve the effectiveness of Federal economic development assistance by encouraging the integration and coordination of the assistance in remote Native American communities; (5) to promote sustainable economic growth and poverty reduction policies in remote Native American communities in a manner that promotes self-determination and self-sufficiency among remote Native American communities while preserving the cultural values of those communities; and (6) to establish a demonstration project within remote areas of noncontiguous States that experience high levels of poverty and lack access to traditional transportation infrastructure (highways, railways, and ports), which, if successful, could potentially benefit other Native American communities in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Compact.--The term ``compact'' means a binding agreement with the United States entered into pursuant to this Act. (2) Economic development strategy.--The term ``economic development strategy'' means a strategy-- (A) written by an eligible entity and designed to achieve sustainable economic growth and reduce poverty over a defined period; and (B) developed in consultation with public and private sector entities, as appropriate to the geographic area and intended beneficiaries of the compact. (3) Eligible entity.-- (A) In general.--The term ``eligible entity'' means a consortium of Native organizations in a noncontiguous State, with priority given to organizations serving regions with the highest poverty levels. (B) Alaska.--In the State of Alaska, a consortium shall be comprised of not more than 2 regional Alaska Native nonprofit organizations, to be determined by the Secretary, in consultation with statewide Alaska Native organizations. (C) Hawaii.--In the State of Hawaii, a consortium shall be comprised of local Native Hawaiian nonprofit organizations that serve the interests of Native Hawaiians and in which Native Hawaiians serve in leadership and substantive policymaking positions. (4) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. MILLENNIUM CHALLENGE DEMONSTRATION PROJECT. (a) Establishment.--The Secretary shall establish and implement in the Department of the Interior a demonstration project, to be known as the ``Native American Millennium Challenge Demonstration Project'' (referred to in this section as the ``demonstration project''). (b) Authorization of Assistance.--In carrying out the demonstration project, the Secretary may provide assistance to any eligible entity that enters into a compact with the United States pursuant to this Act. (c) Form of Assistance.--Assistance under the demonstration project-- (1) shall be provided in the form of funding agreements established under the applicable compact; (2) may not be provided in the form of loans; and (3) may not be used for gaming activities conducted under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). (d) Coordination.-- (1) In general.--The Secretary shall coordinate the provision of assistance under the demonstration project, to the maximum extent practicable, with the Federal agencies listed in paragraph (2) that administer economic development assistance programs for Native Americans and in consultation with the Millennium Challenge Corporation. The Department of the Interior shall be the lead Federal agency responsible for the coordination and consultation under this paragraph. (2) Agencies.--The Federal agencies referred to in paragraph (1) are-- (A) the Department of Agriculture; (B) the Department of Commerce; (C) the Department of Energy; (D) the Department of Health and Human Services; (E) the Department of Housing and Urban Development; and (F) the Small Business Administration. (3) Integrated funding.--Notwithstanding any other provision of law, the Secretary's execution of a compact with an eligible entity shall authorize the eligible entity to be the designated applicant for, or recipient of, funds appropriated pursuant to section 7 and economic development assistance program funding that would otherwise be provided to an Indian Tribe located in the region or regions served by the eligible entity. The eligible entity shall integrate funds appropriated pursuant to section 7 and any such program funding and the operation of the programs' services into a single, coordinated program under a demonstration project. (4) Competitive funding.--An eligible entity may only be considered a designated applicant for funding from a competitive program that would otherwise be provided to an Indian Tribe located in the region or regions served by the eligible entity if-- (A) an Indian Tribe located in the region or regions served by the eligible entity designates the eligible entity in a resolution passed by its governing body as authorized to apply for the funding in lieu of the Indian Tribe and forgoes applying for the funding; (B) the Indian Tribe has submitted the resolution to the Secretary and any Secretary who administers the program; and (C) the applicable Secretaries have certified in writing to the eligible entity that they are in receipt of the resolution. (5) Other funding.--An eligible entity may only be considered a designated recipient of funding from a formula based program or noncompetitive program that is otherwise provided to a particular Indian Tribe located in the region or regions served by the eligible entity if-- (A) the Indian Tribe designates the eligible entity in a resolution passed by its governing body as authorized to receive the funding in lieu of the Indian Tribe and forgoes receipt of the funding; (B) the Indian Tribe has submitted the resolution to the Secretary and any Secretary that administers the program; and (C) the applicable Secretaries have certified in writing to the eligible entity that they are in receipt of the resolution. (6) Authority to rescind.--An Indian Tribe that has submitted a designating resolution under this subsection may, at any time, submit to the applicable Secretaries a resolution passed by its governing body that rescinds the designating resolution. (e) Waiver Authority.-- (1) In general.--On receipt of an executed compact, the Secretary shall consult with the eligible entity that is a party to the compact and coordinate with the Secretary of each Federal agency that provides funds to be used to implement the compact to identify any waiver of statutory requirements or applicable regulations, policies, or procedures necessary to enable the eligible entity to implement the compact. (2) Agencies.--The head of the Federal agency to which the Federal funds were appropriated may waive (in whole or in part) the application, solely to such funds that are being used to implement the compact, of any statutory, regulatory, or administrative requirement that such agency head-- (A) is otherwise authorized to waive (in accordance with the terms and conditions of such other authority); and (B) is not otherwise authorized to waive, provided that in such case the agency head shall-- (i) not waive any requirement related to nondiscrimination, wage and labor standards, or allocation of funds to State and sub-State levels; (ii) issue a written determination, prior to granting the waiver, with respect to such discretionary funds that the granting of such waiver for purposes of the compact-- (I) is consistent with both-- (aa) the statutory purposes of the Federal program for which such funds were appropriated; and (bb) the other provisions of this section; (II) is necessary to achieve the outcomes of the compact, and is no broader in scope than is necessary to achieve such outcomes; and (III) will result in either-- (aa) realizing efficiencies by simplifying reporting burdens or reducing administrative barriers with respect to such funds; or (bb) increasing the ability of individuals to obtain access to services that are provided by such funds; and (iii) provide at least 60 days advance written notice to the Committee on Natural Resources of the House of Representatives and the Committee on Indian Affairs of the Senate. SEC. 5. CHALLENGE COMPACTS. (a) Compacts.-- (1) In general.--The Secretary shall develop and recommend procedures for consideration of proposals for compacts submitted by eligible entities. (2) Assistance.--The Secretary may provide assistance to an eligible entity only if the eligible entity enters into a compact with the United States, to be known as a Native American Challenge Compact, that establishes a multiyear plan for achieving development objectives in furtherance of the purposes of this Act. (b) Applications.--The Secretary shall develop and recommend procedures for considering applications for compacts submitted by eligible entities. (c) Criteria for Selection of Eligible Entities.--The Secretary shall develop an application process and criteria for selecting eligible entities to enter into compacts under this Act, taking into consideration-- (1) the purposes of this Act; (2) the economic development strategy of the eligible entity; (3) the remoteness of the communities to be served by the eligible entity; (4) the general economic status of the communities to be served by the eligible entity; and (5) poverty rates within the communities to be served by the eligible entity. (d) Assistance for Development of Compacts.--To the extent that funds are appropriated in advance to carry out this section, the Secretary may enter into contracts with, or make grants to, any eligible entity for the purposes of facilitating the development and implementation of a compact between the United States and the eligible entity. (e) Duration and Extension.-- (1) Duration.--The term of an initial compact under this section shall be for 5 years. (2) Subsequent compacts.--An eligible entity and the United States may enter into one or more subsequent compacts in accordance with this Act. (3) Extensions.--If a compact is approaching expiration or has expired, the eligible entity that is a party to the compact and the United States may renegotiate or extend the compact for such number of terms as the parties may agree, with each term not to exceed 10 years. (f) Elements.--In furtherance of the economic development strategy of the applicable eligible entity, each compact shall contain-- (1) a description of the specific objectives for the sustainable economic development and reduction of poverty that the eligible entity and the United States expect to achieve during the term of the compact; (2) a description of the respective roles and responsibilities of the eligible entity and the United States in the achievement of those objectives; (3) a list and description of regular benchmarks to measure progress toward achieving those objectives; (4) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable; and (5) a multiyear financial plan to guide the implementation of the compact, including the estimated level of funding and other contributions by the United States and the eligible entity, proposed mechanisms to execute the plan, and periodic assessments to determine whether the requirements of paragraphs (1) through (4) are being met. (g) Suspension and Termination of Assistance.-- (1) In general.--The Secretary may suspend or terminate assistance, in whole or in part, for an eligible entity that has entered into a compact with the United States if the Secretary determines that the eligible entity-- (A) failed to meet the responsibilities of the eligible entity under the compact; or (B) engaged in a pattern of actions that is inconsistent with the purposes of this Act. (2) Reinstatement.--The Secretary may reinstate assistance for an eligible entity only if the Secretary determines that the eligible entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under paragraph (1). SEC. 6. PROGRAM ASSESSMENTS AND REPORTS. (a) Reports of Eligible Entities.--Not later than March 15 each year, each eligible entity shall prepare and submit to the Secretary a written report describing the assistance provided to the eligible entity under this Act during the preceding fiscal year. (b) Report Contents.--A report required under subsection (a) shall include-- (1) a description of the amount of obligations and expenditures for assistance provided during the preceding fiscal year; (2) a description of the programs and activities conducted by the eligible entity in furtherance of the economic development strategy of the eligible entity and the purposes of this Act; (3) an assessment of the effectiveness of the assistance provided and progress made by the eligible entity toward achieving the economic development strategy of the eligible entity and the purposes of this Act; and (4) such other information as the eligible entity considers to be relevant, taking into consideration the purposes of this Act. (c) Submission to Congress.--Not later than May 15 each year, the Secretary shall submit the reports required under subsection (a), with such other information as the Secretary considers to be relevant, to-- (1) the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Indian Affairs of the Senate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.-- (1) In general.--There is authorized to be appropriated to carry out this Act $8,000,000 for each of fiscal years 2021 through 2026, to remain available until expended. (2) Unappropriated amounts.--Any funds authorized but not appropriated for any fiscal year under paragraph (1) may be appropriated for a subsequent fiscal year, subject to the condition that the cumulative amount authorized to be appropriated for any of fiscal years 2021 through 2026 shall not exceed $40,000,000. (b) Administrative Funds.--Of the funds made available to carry out this Act, not more than 5 percent may be used by the Secretary for the administrative expenses of carrying out this Act and oversight of programs under this Act. all
H.R. 43 (Introduced in House) - Injunctive Authority Clarification Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr43ih/html/BILLS-117hr43ih.htm	DOC 117th CONGRESS 1st Session H. R. 43 To amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Injunctive Authority Clarification Act of 2021''. SEC. 2. ORDERS PURPORTING TO RESTRAIN ENFORCEMENT AGAINST NON-PARTIES. (a) In General.--Chapter 155 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2285. Orders purporting to restrain enforcement against non- parties ``No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non- party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.''. (b) Clerical Amendment.--The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following: ``2285. Orders purporting to restrain enforcement against non- parties.''. all
"H.R. 440 (Introduced in House)- To amend the Alaska Native Claims Settlement Act to provide that 
Alexander Creek, Alaska, is and shall be recognized as an eligible 
Native village under that Act, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr440ih/html/BILLS-117hr440ih.htm	DOC 117th CONGRESS 1st Session H. R. 440 To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall be recognized as an eligible Native village under that Act, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall be recognized as an eligible Native village under that Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALEXANDER CREEK VILLAGE RECOGNITION. The Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is amended by adding at the end the following: ``SEC. 43. ALEXANDER CREEK VILLAGE RECOGNITION. ``(a) Recognition of the Village of Alexander Creek.--Subject to the limitations of this section and notwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act (Public Law 96-487) and any conveyance or agreement in furtherance thereof or thereto, to the contrary, Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is and shall be recognized as an eligible Native village under section 11(b)(3) of this Act. ``(b) Definitions.--For the purposes of this section, the following terms apply: ``(1) The term `agency' includes-- ``(A) any instrumentality of the United States; ``(B) any element of an agency; and ``(C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. ``(2) The term `Alexander Creek' means Alexander Creek, Incorporated, an Alaska Native Group corporation organized pursuant to this Act prior to the enactment of this section, but subsequent to enactment of this section means Alexander Creek, Incorporated, an Alaska Native Village corporation recognized and organized pursuant to section (a). ``(3) The term `Region' means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h) of this Act. ``(c) Organization of Alexander Creek.--As soon as practicable after enactment of this section, Alexander Creek shall cause to be filed-- ``(1) any amendments to its corporate charter in the State of Alaska necessary to convert from a Native group to a Native Village corporation; and ``(2) if necessary, any amendments to its corporate charter and governing business documents that fulfill the terms of the agreement authorized under this Act. ``(d) Negotiations.--Not later than 30 days after the date of the enactment of this section, the Secretary shall open negotiations with Alexander Creek and, not later than 13 months after the date of the enactment of this section, reach an agreement with Alexander Creek to fairly and equitably settle Alexander Creek's aboriginal land claims and any other claims of Alexander Creek against the United States. An agreement under this section shall be in approximate value parity with those of other Alaska Native Village Corporations, notwithstanding Alexander Creek's prior status as a Group Corporation. The Secretary shall effectuate such agreement under the authority in this section, other existing authorities, and in coordination with the Administrator with respect to surplus property to be transferred to Alexander Creek pursuant to such agreement. Notwithstanding paragraphs (2) and (3) of section 549(a) of title 40, United States Code, Alexander Creek is hereby considered both a `State' and a `State agency' under that section for the sole purpose of the Secretary effectuating an agreement under this section. Notwithstanding any other provision of law, Alexander Creek is hereby considered eligible to receive real property declared to be surplus under section 1303 of title 40, United States Code, for the sole purpose of the Secretary effectuating an agreement under this section. ``(e) Shareholder Participation.--Alexander Creek shall notify each member of the Native village recognized under this section that, upon the effective date of this section, such members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m), and that all future resource payments from the Region shall be made to the Village Corporation pursuant to section 7(j). The Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or related to the cessation of payments to such individuals under section 7(m) pursuant to this section. ``(f) Construction.--Except as provided in this section with respect to Alexander Creek, nothing in this section shall be construed to modify or amend land conveyance entitlements or conveyance agreements between the Region and village corporations other than Alexander Creek in such region, nor between the Region and the Federal Government, nor between any such parties and the State of Alaska. ``(g) Construction Regarding Current Alexander Creek Land.--Nothing in this section shall be construed to reduce the land entitlement to which Alexander Creek became entitled as a Group Corporation, including the land selected by and conveyed to Alexander Creek at the time of enactment of this section.''. all
"H.R. 441 (Introduced in House)- To provide for the conveyance of certain property to the Tanana 
Tribal Council located in Tanana, Alaska, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr441ih/html/BILLS-117hr441ih.htm	DOC 117th CONGRESS 1st Session H. R. 441 To provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the conveyance of certain property to the Tanana Tribal Council located in Tanana, Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONVEYANCE OF PROPERTY TO THE TANANA TRIBAL COUNCIL. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Tanana Tribal Council located in Tanana, Alaska (referred to in this section as the ``Council''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Council. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Council for the property; (ii) impose any obligation, term, or condition on the Council; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in U.S. Survey No. 5958, Lot 12, in the village of Tanana, Alaska, within surveyed Township 4N, Range 22W, Fairbanks Meridian, Alaska, containing 11.25 acres. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Council shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Council. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). all
H.R. 442 (Introduced in House) - Southeast Alaska Regional Health Consortium Land Transfer Act	https://www.govinfo.gov/content/pkg/BILLS-117hr442ih/html/BILLS-117hr442ih.htm	DOC 117th CONGRESS 1st Session H. R. 442 To provide for the conveyance of certain property to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the conveyance of certain property to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Southeast Alaska Regional Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY. (a) In General.--As soon as practicable, but not later than 2 years, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Southeast Alaska Regional Health Consortium located in Sitka, Alaska (referred to in this Act as the ``Consortium''), all right, title, and interest of the United States in and to the property described in section 3 for use in connection with health and social services programs. (b) Conditions.--The conveyance of the property under subsection (a)-- (1) shall be made by warranty deed; and (2) shall not-- (A) require any consideration from the Consortium for the property; (B) impose any obligation, term, or condition on the Consortium; or (C) allow for any reversionary interest of the United States in the property. (c) Effect on Any Quitclaim Deed.--The conveyance by the Secretary of title by warranty deed under subsection (a) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in section 3 executed by the Secretary and the Consortium. SEC. 3. PROPERTY DESCRIBED. The property, including all land and appurtenances, described in this section is the property included in U.S. Survey 1496, lots 4 and 7, partially surveyed T. 55 S., R. 63 E., Copper River Meridian, containing approximately 10.87 acres in Sitka, Alaska. SEC. 4. ENVIRONMENTAL LIABILITY. (a) Liability.-- (1) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in section 3 on or before the date on which the property is conveyed to the Consortium, except that the Secretary shall not be liable for any contamination that occurred after the date that the Consortium controlled, occupied, and used the property. (2) Environmental contamination.--An environmental contamination described in paragraph (1) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (b) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this Act as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (c) Notice of Hazardous Substance Activity and Warranty.--In carrying out this Act, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). all
H.R. 443 (Introduced in House) - Alaska Native Tribal Health Consortium Land Transfer Act	https://www.govinfo.gov/content/pkg/BILLS-117hr443ih/html/BILLS-117hr443ih.htm	DOC 117th CONGRESS 1st Session H. R. 443 To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To convey land in Anchorage, Alaska, to the Alaska Native Tribal Health Consortium, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alaska Native Tribal Health Consortium Land Transfer Act''. SEC. 2. CONVEYANCE OF PROPERTY TO THE ALASKA NATIVE TRIBAL HEALTH CONSORTIUM. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 1 year, after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this Act as the ``Secretary'') shall convey to the Alaska Native Tribal Health Consortium located in Anchorage, Alaska (referred to in this section as the ``Consortium''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health programs. (2) Conditions.--The conveyance of the property under paragraph (1)-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Consortium for the property; (ii) impose any obligation, term, or condition on the Consortium; or (iii) allow for any reversionary interest of the United States in the property. (3) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under paragraph (1) shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Consortium. (b) Property Described.--The property referred to in subsection (a), including all land, improvements, and appurtenances, is-- (1) Lot 1A in Block 31A, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-117, recorded on November 22, 1996, in the Anchorage Recording District; and (2) Block 32C, East Addition, Anchorage Townsite, United States Survey No. 408, Plat No. 96-118, recorded on November 22, 1996, in the Anchorage Recording District. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Consortium shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) that occurred on or before the date on which the Consortium controlled, occupied, and used the property. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under subsection (a)(1) as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). all
"H.R. 444 (Introduced in House)- To provide for the conveyance of certain property to the Bristol Bay 
Area Health Corporation located in Dillingham, Alaska, and for other 
purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr444ih/html/BILLS-117hr444ih.htm	DOC 117th CONGRESS 1st Session H. R. 444 To provide for the conveyance of certain property to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the conveyance of certain property to the Bristol Bay Area Health Corporation located in Dillingham, Alaska, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONVEYANCE OF PROPERTY TO THE BRISTOL BAY AREA HEALTH CORPORATION. (a) Conveyance of Property.-- (1) In general.--As soon as practicable, but not later than 180 days, after the date of enactment of this Act, the Secretary shall convey to the Bristol Bay Area Health Corporation located in Dillingham, Alaska (referred to in this section as the ``Corporation''), all right, title, and interest of the United States in and to the property described in subsection (b) for use in connection with health and social services programs. (2) Effect on any quitclaim deed.--The conveyance by the Secretary of title by warranty deed under this subsection shall, on the effective date of the conveyance, supersede and render of no future effect any quitclaim deed to the property described in subsection (b) executed by the Secretary and the Corporation. (3) Conditions.--The conveyance of the property under this section-- (A) shall be made by warranty deed; and (B) shall not-- (i) require any consideration from the Corporation for the property; (ii) impose any obligation, term, or condition on the Corporation; or (iii) allow for any reversionary interest of the United States in the property. (b) Property Described.--The property, including all land, improvements, and appurtenances, described in this subsection is the property included in Dental Annex Subdivision, creating tract 1, a subdivision of Lot 2 of U.S. Survey No. 2013, located in Section 36, Township 13 South, Range 56 West, Seward Meridian, Bristol Bay Recording District, Dillingham, Alaska, according to Plat No. 2015-8, recorded on May 28, 2015, in the Bristol Bay Recording District, Dillingham, Alaska, containing 1.474 acres more or less. (c) Environmental Liability.-- (1) Liability.-- (A) In general.--Notwithstanding any other provision of law, the Corporation shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the property described in subsection (b) on or before the date on which the property is conveyed to the Corporation. (B) Environmental contamination.--An environmental contamination described in subparagraph (A) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal or State of Alaska law. (2) Easement.--The Secretary shall be accorded any easement or access to the property conveyed under this section as may be reasonably necessary to satisfy any retained obligation or liability of the Secretary. (3) Notice of hazardous substance activity and warranty.-- In carrying out this section, the Secretary shall comply with subparagraphs (A) and (B) of section 120(h)(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)(3)). all
H.R. 445 (Introduced in House) - For the relief of Yazmin Fabiola Juarez Coyoy.	https://www.govinfo.gov/content/pkg/BILLS-117hr445ih/html/BILLS-117hr445ih.htm	DOC 117th CONGRESS 1st Session H. R. 445 For the relief of Yazmin Fabiola Juarez Coyoy. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 21, 2021 Mrs. Watson Coleman introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Yazmin Fabiola Juarez Coyoy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR YAZMIN FABIOLA JUAREZ COYOY. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Yazmin Fabiola Juarez Coyoy shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Yazmin Fabiola Juarez Coyoy enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Yazmin Fabiola Juarez Coyoy, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Yazmin Fabiola Juarez Coyoy shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. all
H.R. 446 (Engrossed in House) - Protecting Seniors from Emergency Scams Act	https://www.govinfo.gov/content/pkg/BILLS-117hr446eh/html/BILLS-117hr446eh.htm	DOC 117th CONGRESS 1st Session H. R. 446 _______________________________________________________________________ AN ACT To require the Federal Trade Commission to submit a report to Congress on scams targeting seniors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors from Emergency Scams Act''. SEC. 2. FTC REPORT ON SCAMS TARGETING SENIORS DURING EMERGENCIES. Not later than 30 days after the date of enactment of this Act, the Federal Trade Commission (referred to in this Act as the ``Commission'') shall submit a report to Congress including-- (1) a description of the number and types of scams identified by the Commission as being targeted at senior citizens; and (2) policy recommendations to prevent such scams, especially as such scams relate to future national emergencies. SEC. 3. INCREASING AWARENESS OF SCAMS TARGETING SENIORS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Commission shall update its web portal to include the latest information, searchable by region and type of scam, on scams targeting seniors, including contacts for relevant law enforcement and adult protective service agencies. (b) Coordination With Media Outlets and Law Enforcement.--The Commission shall work with media outlets and law enforcement to distribute the information included in the web portal of the Commission pursuant to subsection (a) to senior citizens and their families and caregivers. Passed the House of Representatives April 15, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 446 _______________________________________________________________________ AN ACT To require the Federal Trade Commission to submit a report to Congress on scams targeting seniors, and for other purposes.
H.R. 446 (Introduced in House) - Protecting Seniors from Emergency Scams Act	https://www.govinfo.gov/content/pkg/BILLS-117hr446ih/html/BILLS-117hr446ih.htm	DOC 117th CONGRESS 1st Session H. R. 446 To require the Federal Trade Commission to submit a report to Congress on scams targeting seniors, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Ms. Kelly of Illinois (for herself and Mr. Balderson) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To require the Federal Trade Commission to submit a report to Congress on scams targeting seniors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors from Emergency Scams Act''. SEC. 2. FTC REPORT ON SCAMS TARGETING SENIORS DURING EMERGENCIES. Not later than 30 days after the date of enactment of this Act, the Federal Trade Commission (referred to in this Act as the ``Commission'') shall submit a report to Congress including-- (1) a description of the number and types of scams identified by the Commission as being targeted at senior citizens; and (2) policy recommendations to prevent such scams, especially as such scams relate to future national emergencies. SEC. 3. INCREASING AWARENESS OF SCAMS TARGETING SENIORS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Commission shall update its web portal to include the latest information, searchable by region and type of scam, on scams targeting seniors, including contacts for relevant law enforcement and adult protective service agencies. (b) Coordination With Media Outlets and Law Enforcement.--The Commission shall work with media outlets and law enforcement to distribute the information included in the web portal of the Commission pursuant to subsection (a) to senior citizens and their families and caregivers. all
H.R. 446 (Referred in Senate) - Protecting Seniors from Emergency Scams Act	https://www.govinfo.gov/content/pkg/BILLS-117hr446rfs/html/BILLS-117hr446rfs.htm	DOC 117th CONGRESS 1st Session H. R. 446 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 19, 2021 Received; read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ AN ACT To require the Federal Trade Commission to submit a report to Congress on scams targeting seniors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Seniors from Emergency Scams Act''. SEC. 2. FTC REPORT ON SCAMS TARGETING SENIORS DURING EMERGENCIES. Not later than 30 days after the date of enactment of this Act, the Federal Trade Commission (referred to in this Act as the ``Commission'') shall submit a report to Congress including-- (1) a description of the number and types of scams identified by the Commission as being targeted at senior citizens; and (2) policy recommendations to prevent such scams, especially as such scams relate to future national emergencies. SEC. 3. INCREASING AWARENESS OF SCAMS TARGETING SENIORS. (a) In General.--As soon as practicable after the date of enactment of this Act, the Commission shall update its web portal to include the latest information, searchable by region and type of scam, on scams targeting seniors, including contacts for relevant law enforcement and adult protective service agencies. (b) Coordination With Media Outlets and Law Enforcement.--The Commission shall work with media outlets and law enforcement to distribute the information included in the web portal of the Commission pursuant to subsection (a) to senior citizens and their families and caregivers. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 447 (Engrossed in House) - National Apprenticeship Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr447eh/html/BILLS-117hr447eh.htm	DOC 117th CONGRESS 1st Session H. R. 447 _______________________________________________________________________ AN ACT To amend the Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act'') and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre- apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Apprenticeship Act of 2021''. SEC. 2. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect beginning on October 1, 2021. SEC. 3. AMENDMENT. The Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `National Apprenticeship Act'. ``(b) Table of Contents.--The table of contents for this Act is as follows: ``Sec. 1. Short title; table of contents. ``Sec. 2. Definitions. ``Sec. 3. Programs under the national apprenticeship system. ``Sec. 4. Transition provisions. ``Sec. 5. Disaggregation of data. ``Sec. 6. Relation to other laws. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``Sec. 111. The Office of Apprenticeship. ``Sec. 112. National Advisory Committee on Apprenticeships. ``Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship. ``Sec. 114. Interagency agreement with Department of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``Sec. 121. Apprenticeable occupations standards. ``Sec. 122. Quality standards of programs under the national apprenticeship system. ``Sec. 123. Apprenticeship agreements. ``Sec. 124. Registration of programs under the national apprenticeship system. ``Subtitle C--Evaluations and Research ``Sec. 131. Program evaluations. ``Sec. 132. National apprenticeship system research. ``Subtitle D--General Provisions ``Sec. 141. Authorization of appropriations. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``Sec. 201. Grant requirements. ``Sec. 202. Uses of Funds. ``Sec. 203. Grant evaluations. ``Sec. 204. Grant appropriations. ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Administrator.--The term `Administrator' means the Administrator of the Office of Apprenticeship established under section 111(a). ``(2) Advisory committee.--The term `Advisory Committee' means the National Advisory Committee on Apprenticeships established under section 112. ``(3) Apprentice.--The term `apprentice' means a program participant in an apprenticeship program. ``(4) Apprenticeship agreement.--The term `apprenticeship agreement' means a written agreement under section 123 between-- ``(A) an apprentice, a youth apprentice, or a pre- apprentice; and ``(B) a sponsor. ``(5) Apprenticeship hub.--The term `apprenticeship hub' means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of programs under the national apprenticeship system. ``(6) Apprenticeable occupation.--The term `apprenticeable occupation' means an occupation that the Administrator has determined meets the requirements of section 121. ``(7) Apprenticeship program.--The term `apprenticeship program' means a program that meets the standards described in section 122(b) and is registered under this Act. ``(8) Competency.--The term `competency' means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement. ``(9) Department.--The term `Department' means the Department of Labor. ``(10) Education and training provider.--The term `education and training provider' means-- ``(A) an area career and technical education school; ``(B) an early college high school; ``(C) an educational service agency; ``(D) a high school; ``(E) a local educational agency or State educational agency; ``(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; ``(G) a postsecondary educational institution; ``(H) a minority-serving institution; ``(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(11) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a program sponsor; ``(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; ``(iii) an education and training provider, or a consortium thereof; ``(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; ``(v) an Indian Tribe or Tribal organization; ``(vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(vii) a Governor of a State; ``(viii) a labor organization or joint labor-management organization; or ``(ix) a qualified intermediary. ``(B) Sponsor requirement.--Not fewer than one entity under subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(12) Indian tribe; tribal organization.--The terms `Indian Tribe' and `Tribal organization' have the meaning given the terms (without regard to capitalization) in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(13) Interim credential.--The term `interim credential' means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in a program under the national apprenticeship system. ``(14) Journeyworker.--The term `journeyworker' means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. ``(15) Minority-serving institution.--The term `minority- serving institution' means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))). ``(16) National apprenticeship system.--The term `national apprenticeship system' means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that meet the requirements of this Act. ``(17) Nontraditional apprenticeship population.--The term `nontraditional apprenticeship population' means a group of individuals (such as individuals from the same gender, race, or ethnicity), the members of which comprise fewer than 25 percent of the program participants in an apprenticeable occupation under the national apprenticeship system. ``(18) Nontraditional apprenticeship industry or occupation.--The term `nontraditional apprenticeship industry or occupation' refers to an industry sector or occupation that represents fewer than 10 percent of apprenticeable occupations or the programs under the national apprenticeship system. ``(19) Outlying area.--The term `outlying area' means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. ``(20) Pre-apprentice.--The term `pre-apprentice' means a program participant in a pre-apprenticeship program. ``(21) Pre-apprenticeship program.--The term `pre- apprenticeship program' means a training model or program that-- ``(A) prepares individuals for acceptance into an apprenticeship program; ``(B) meets the standards described in section 122(c); and ``(C) is registered under this Act. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(23) Qualified intermediary.-- ``(A) In general.--The term `qualified intermediary' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by-- ``(i) connecting employers to programs under the national apprenticeship system; ``(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; ``(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; ``(iv) providing professional development activities such as training to mentors; ``(v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; ``(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; ``(vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or ``(viii) serving as a program sponsor. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(24) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship. ``(25) Registration agency.--The term `registration agency' means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for-- ``(A) approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and ``(B) carrying out the responsibilities of supporting the youth apprenticeship, pre- apprenticeship, or apprenticeship programs registered by the registration agency. ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ``(27) Related federal programs.--The term `related Federal programs' means programs or activities under the following: ``(A) The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(C) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). ``(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(E) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). ``(G) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). ``(H) The postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(I) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). ``(J) Chapter 41 of title 38, United States Code. ``(K) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). ``(L) State unemployment compensation laws (in accordance with applicable Federal law). ``(M) Section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541). ``(N) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ``(O) Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration. ``(P) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). ``(Q) Educational assistance programs under chapters 30 through 36 of title 38, United States Code. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. ``(29) Sponsor.--The term `sponsor' means an employer, joint labor-management organization, trade association, professional association, labor organization, education and training provider, or qualified intermediary that is applying to administer and operate a program under the national apprenticeship system. ``(30) State.--The term `State'-- ``(A) has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and ``(B) includes each of the outlying areas. ``(31) State apprenticeship agency.--The term `State apprenticeship agency' means a State agency recognized as a State apprenticeship agency under section 113. ``(32) State apprenticeship council.--The term `State apprenticeship council' means an entity established under section 113(b)(3) to assist the State apprenticeship agency. ``(33) State office of apprenticeship.--The term `State office of apprenticeship' means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3). ``(34) State or local workforce development boards.--The terms `State workforce development board' and `local workforce development board' have the meanings given the terms `State board' and `local board', respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(35) State workforce agency.--The term `State workforce agency' means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.). ``(36) CTE terms.--The terms `area career and technical education school', `articulation agreement', `credit transfer agreement', `postsecondary educational institution', `Tribally controlled college or university', `Tribally controlled postsecondary career and technical institution', and `work- based learning' have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(37) ESEA terms.--The terms `dual or concurrent enrollment program', `early college high school', `education service agency', `high school', `local educational agency', `paraprofessional', and `State educational agency' have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(38) Tribal educational agency.--The term `Tribal educational agency' has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452). ``(39) WIOA terms.--The terms `career pathway', `dislocated worker', `in-demand industry sector or occupation', `individual with a barrier to employment', `industry or sector partnership', `labor market area', `local area', `one-stop center', `one-stop operator', `one-stop partner', `supportive services', and `workforce development system' have the meanings given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(40) Youth apprentice.--The term `youth apprentice' means a participant in a youth apprenticeship program. ``(41) Youth apprenticeship program.--The term `youth apprenticeship program' means a model or program that meets the standards described in section 122(d) and is registered under this Act. ``SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of program under the national apprenticeship system. ``SEC. 4. TRANSITION PROVISIONS. ``The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by the National Apprenticeship Act of 2021) from any authority under this Act as in effect on the day before the date of enactment of the National Apprenticeship Act of 2021. ``SEC. 5. DISAGGREGATION OF DATA. ``The disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information. ``SEC. 6. RELATION TO OTHER LAWS. ``Nothing in this Act shall invalidate or limit the remedies, rights, and procedures under any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, age, genetic information, or disability than are afforded by this Act. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``SEC. 111. THE OFFICE OF APPRENTICESHIP. ``(a) Establishment of the Office of Apprenticeship.--There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the `Office'), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office. ``(b) Responsibilities.--The Administrator shall be responsible for the administration of this Act, including: ``(1) Promotion and awareness activities.--The Administrator shall carry out promotion and awareness activities, including the following: ``(A) Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre- apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal and State correctional facilities, veterans- service organizations, and prospective apprentices in such programs. ``(B) Promoting greater diversity in the national apprenticeship system including by-- ``(i)(I) promoting outreach to nontraditional apprenticeship populations, including by engaging schools that participate in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and minority-serving institutions; ``(II) disseminating best practices to recruit nontraditional apprenticeship populations, women, minorities, long-term unemployed, individuals with a disability, individuals recovering from substance abuse disorders, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; and ``(III) engaging small, medium-size, women- owned, and minority-owned businesses, and employers in high-skill, high-wage, and in- demand industry sectors and occupations that are nontraditional apprenticeship industries or occupations; and ``(ii) supporting the participation and retention of apprentices and employers described in clause (i) in the national apprenticeship system. ``(2) Technical assistance activities.--The Administrator shall carry out technical assistance activities, including the following: ``(A) Providing technical assistance to-- ``(i) assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including developing the State plan in section 113(c), the process and standards described in subtitle B, and the evaluation and research requirements described in subtitle C; ``(ii) receive and resolve comments or complaints from youth apprentices, pre- apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders; ``(iii) assist sponsors, employers, qualified intermediaries, and education and training or related instruction providers, or other entities interested in becoming sponsors, or seeking support for developing programs under the national apprenticeship system or effectively carrying out such programs, including providing assistance for remote or virtual learning or training, as necessary; ``(iv) assist those applying for or carrying out grants, contracts, or cooperative agreements under title II, including through facilitating the sharing of best practices; ``(v) share, through a national apprenticeship system clearinghouse, high- quality materials for programs under the national apprenticeship system, such as related instruction or training materials, in user- friendly formats and languages that are easily accessible, as determined by the Administrator; and ``(vi) assist State apprenticeship agencies in establishing or expanding apprenticeship hubs as is required in section 113(c)(7). ``(B) Cooperating with the-- ``(i) Secretary of Education in-- ``(I) providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with State education systems and education and training providers; and ``(II) supporting the stackability and portability of academic credit and credentials earned as part of such programs, including through articulation agreements and career pathways; ``(ii) State workforce development systems to promote awareness of opportunities under the national apprenticeship system; ``(iii) Attorney General in providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with a mentoring program administered by the Attorney General; ``(iv) Attorney General and the Director of the Bureau of Prisons to-- ``(I) support the establishment or expansion of pre-apprenticeships and apprenticeship programs to all Federal correctional institutions; ``(II) share through the national apprenticeship system clearinghouse research and best practices for programs under the national apprenticeship system in correctional settings and for individuals impacted by the criminal and juvenile justice system; ``(III) provide technical assistance for State prison systems and employers seeking to operate or improve corrections-based pre-apprenticeship or apprenticeship programs; and ``(IV) support the successful transition of individuals in correctional institutions to pre- apprenticeship or apprenticeship programs upon exiting from correctional settings; and ``(v) Secretary of Health and Human Services to coordinate with State programs for temporary assistance to needy families funded under part A of title VI of the Social Security Act to promote awareness of opportunities under the national apprenticeship system for participants in such State programs. ``(3) State offices of apprenticeship.-- ``(A) Establishment of offices.-- ``(i) In general.--The Administrator shall establish and operate a State Office of Apprenticeship in a State described in clause (ii) to serve as the registration agency for such State. ``(ii) Applicable states.--A State described in this clause is a State-- ``(I) in which, as of the day before the date of enactment of the National Apprenticeship Act of 2021, there is no State Office of Apprenticeship; and ``(II) that has not applied for recognition as a State apprenticeship agency under section 113, or for which such recognition has not provided or has been withdrawn by the Administrator under such section. ``(B) State plan requirement.--Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c). ``(C) Vacancies.--Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall-- ``(i) make information on such vacancy available on a publicly accessible website; and ``(ii) report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, on the status and length of such vacancy if such vacancy is not filled not later than 90 days after such position has become vacant. ``(D) Rule of construction.--Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote programs under the national apprenticeship system in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State. ``(4) Quality standards, apprenticeship agreement, and registration review.--In order for the Secretary, acting through the Administrator, to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants, and to extend the application of such standards in apprenticeship agreements, not later than 1 year after the effective date of the National Apprenticeship Act of 2021, and at least every 3 years thereafter, the Administrator shall review, and where appropriate, update the process for meeting the requirements of subtitle B, including applicable regulations and subregulatory guidance to ensure that such process is easily accessible and efficient to bring together employers and labor as sponsors or potential sponsors of programs under the national apprenticeship system. ``(5) Apprenticeable occupations.-- ``(A) Existing apprenticeable occupations.--The Administrator shall regularly review and update the requirements for each apprenticeable occupation to ensure that such requirements are in compliance with requirements under this Act. ``(B) New apprenticeable occupation.-- ``(i) In general.--The Administrator shall review and make a determination on whether to approve an occupation as an apprenticeable occupation not later than 45 days after receiving an application from a person seeking such approval from the Administrator. ``(ii) Estimated timeline.--If such determination is not made within 45 days, the Administrator shall provide the applicant with a written explanation for the delay and offer an estimated timeline for a determination that does not to exceed 90 days after the date of such written explanation. ``(C) Industry recognized occupational standards.-- ``(i) In general.--From the funds appropriated under section 141(a), the Administrator shall convene, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), the industry sector leaders and experts described in clause (ii) for the purposes of establishing or updating specific frameworks of industry recognized occupational standards for apprenticeable occupations (including potential apprenticeable occupations) that-- ``(I) meet the requirements of this Act; and ``(II) describe program scope and length, related instruction, on-the-job training, recognized postsecondary credentials, and competencies, and relevant timelines for review of such frameworks. ``(ii) Industry sector leaders and experts.--The industry sector leaders and experts are employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, national qualified intermediaries, including those supporting increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Administrator. ``(iii) Priority industry recognized apprenticeable occupations.--In establishing frameworks under clause (i) for the first time after the effective date of the National Apprenticeship Act of 2021, the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in- demand industry sectors and occupations. ``(D) Regulations.--Not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, the Secretary shall issue regulations that outline a process for proactively establishing and approving standards and requirements for apprenticeable occupations in consultation with the industry sector leaders and experts described in subparagraph (C)(ii). ``(E) Nontraditional apprenticeship populations.-- The Administrator shall regularly evaluate the participation of the nontraditional apprenticeship populations for each of the approved apprenticeable occupations, such as women, minorities, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth. ``(6) Program oversight and evaluation.--The Administrator shall-- ``(A) monitor State apprenticeship agencies, State Offices of Apprenticeship, grantees, and sponsors of programs under the national apprenticeship system to ensure compliance with the requirements of this Act; ``(B) provide technical assistance to assist such entities with such compliance or program performance; ``(C) conduct research and evaluation in accordance with subtitle C; and ``(D) require regular reports on the performance of state agencies, including on efforts state agencies make to increase employer awareness of apprenticeship programs for employers who have not participated. ``(7) Promoting diversity in the national apprenticeship system.--The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- ``(A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high- wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; ``(B) ensuring programs under the national apprenticeship system-- ``(i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); ``(ii) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and ``(iii) are subject, for any violation of clause (i) or (ii), to enforcement action under this Act; and ``(C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, low-income participants in related Federal programs, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. ``(8) Grant awards.--The Administrator shall award grants, contracts, or cooperative agreements under title II. ``(9) National advisory committee.--The Administrator shall-- ``(A) regularly consult with the National Advisory Committee on Apprenticeships under section 112; and ``(B) ensure that the required recommendations and other reports of the Advisory Committee are submitted to the Secretary and transmitted to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(10) Coordination.--The Administrator shall coordinate and align programs under the national apprenticeship system with related Federal programs, to better promote participation in the national apprenticeship program. ``(c) Information Collection and Dissemination.--The Administrator shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including-- ``(1) not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, grantees under title II, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that-- ``(A) is developed and maintained by the Administrator, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); ``(B) best meets the needs of the national apprenticeship system stakeholders reporting data to the Administrator or State apprenticeship agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and ``(C) is aligned with data from the performance reviews under section 131(b)(1)(A); ``(2) providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is consumer tested and is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including-- ``(A) information on program offerings under the national apprenticeship system based on geographical location and apprenticeable occupation; ``(B) information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings; ``(C) information about the educational and occupational credentials and related competencies of programs under such system; and ``(D) information based on the most recent data available to the Office that is consistent with national standards and practices. ``SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS. ``(a) Establishment.-- ``(1) In general.--There is established, in the Department of Labor, a National Advisory Committee on Apprenticeships. ``(2) Composition.-- ``(A) Appointments.--The Advisory Committee shall consist of 27 voting members described in subparagraph (B) appointed by the Secretary. ``(B) List of individuals.--The individuals described in this subparagraph are-- ``(i) 9 representatives of employers or industry associations who participate in an apprenticeship program (at least 1 of which represents a women, minority, or veteran-owned business), including representatives of employers representing nontraditional apprenticeship industries or occupations, and other high-skill, high-wage, or in-demand industry sectors or occupations, as applicable; ``(ii) 9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor- management organization and from nontraditional apprenticeship industries or occupations), at least 1 of which represent employees primarily in the building trades and construction industry; ``(iii) 1 representative of each from-- ``(I) a State apprenticeship agency; ``(II) a State or local workforce development board with significant expertise in supporting a program under the national apprenticeship system; ``(III) a community organization with significant expertise supporting such a program; ``(IV) an area career and technical education school or local educational agency; ``(V) a State apprenticeship council; ``(VI) a State or local postsecondary education and training providers that administers, or has not less than 1 articulation agreement with an entity administering, a program under the national apprenticeship system; ``(VII) a provider of an industry- recognized credential; ``(VIII) a national qualified intermediary, including a national qualified intermediary that supports increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations; and ``(IX) a program participant. ``(C) Ex officio nonvoting members.--The Advisory Committee shall consist of ex officio nonvoting members from each of the following departments, selected by the applicable Secretary-- ``(i) the Department of Labor; ``(ii) the Department of Commerce; ``(iii) the Department of Education; ``(iv) the Department of Energy; ``(v) the Department of Housing and Urban Development; ``(vi) the Department of Transportation; ``(vii) the Department of Veterans Affairs; ``(viii) the Department of Health and Human Services; ``(ix) the Department of Justice; ``(x) the Department of Defense; and ``(xi) the Federal Communications Commission. ``(D) Recommendations.--The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate may each recommend to the Secretary an individual described in clause (i) or (ii) of subparagraph (B) for appointment under subparagraph (A) who shall be subject to the requirements of paragraph (3). ``(3) Qualifications.--An individual shall be selected under paragraph (1) on the basis of the experience and competence of such individual with respect to programs under the national apprenticeship system. ``(4) Terms.-- ``(A) In general.--Each voting member of the Advisory Committee shall be appointed for a term of 4 years, except as provided in subparagraphs (B) through (D). ``(B) Terms of initial appointees.-- ``(i) In general.--The appointments of the initial members of the Advisory Committee shall be made not later than 90 days after the effective date of the National Apprenticeship Act of 2021. ``(ii) Staggering of terms.--As designated by the Secretary at the time of the appointment, of the members first appointed-- ``(I) half of such members shall serve a 2-year term; and ``(II) half of such members shall serve a 4-year term. ``(C) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made, except that such appointment shall be made not later than 90 days after the date of the vacancy. A member who fulfilled a partial term as the result of a vacancy may, at the end that term, be appointed to a full term. ``(D) Multiple terms.--A voting member of the Advisory Committee may serve not more than 2 full terms on the Advisory Committee. ``(b) Chairperson.--The Advisory Committee members shall designate by vote one of the voting members described in subsection (a)(2)(A) of the Advisory Committee to serve as Chairperson of the Advisory Committee. ``(c) Meetings.-- ``(1) In general.--The Advisory Committee shall meet at the call of the Chairperson and hold not fewer than 4 meetings during each calendar year. ``(2) Open access.--All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection within 30 days of the meeting. ``(d) Duties.--The Advisory Committee shall, at a minimum-- ``(1) advise, consult with, and make recommendations to the Administrator on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act; ``(2) annually prepare a set of recommendations for the Administrator, to be shared with the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, to improve the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B; ``(3) make recommendations on expanding participation of nontraditional apprenticeship populations in programs under the national apprenticeship system; ``(4) review apprenticeable occupations and, based on reviews of labor market trends and changes, make recommendations to the Administrator on whether to-- ``(A) make updates to apprenticeable occupations under section 111(b)(5)(A); or ``(B) convene sector leaders and experts under section 111(b)(5)(C) for the establishing specific frameworks of industry recognized occupational standards; and ``(5) make recommendations on the development of demonstrations projects as described in section 132(f). ``(e) Personnel.-- ``(1) Compensation of members.-- ``(A) In general.--A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee. ``(B) Officers or employees of the united states.-- Members of the Advisory Committee who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Advisory Committee. ``(2) Staff.--The Secretary shall supply the Advisory Committee with an executive Secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to carry out the duties described in subsection (d). ``(3) Data requests.--The Advisory Committee through its Chairperson may request data from the Secretary as determined necessary by the Advisory Committee to carry out its functions as described in this section. ``(f) Permanent Committee.--The Federal Advisory Committee Act (5 U.S.C. App.) (other than section 14 of such Act) shall apply to the Advisory Committee. ``SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF APPRENTICESHIP. ``(a) Recognition of State Apprenticeship Agencies.-- ``(1) In general.--The Administrator shall recognize a State agency as a State apprenticeship agency in accordance with this section and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B. ``(2) Application.--A State desiring to have a State agency recognized as a State apprenticeship agency under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(A) the initial State plan described in subsection (c)(2)(A)(i); ``(B) a description of how the State apprenticeship agency will meet the State plan requirements of subsection (c); and ``(C) a description of the linkages and coordination of the State's proposed standards, criteria, and requirements with the State's economic development strategies and workforce development system and the State's secondary, postsecondary, and adult education systems. ``(3) Review and recognition.-- ``(A) In general.--Not later than 90 days after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under this section. ``(B) Duration of recognition.-- ``(i) Duration.--The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A). ``(ii) Notification.-- ``(I) In general.--The Secretary shall notify a State apprenticeship agency not later than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section. ``(II) Compliance.--In the case of a State apprenticeship agency that is in compliance with this section, the agency's recognition under this section shall be renewed for an additional 4- year period and the notification under subclause (I) shall include notification of such renewal. ``(III) Noncompliance.--In the case of a State apprenticeship agency that is not in compliance with this section, the notification shall-- ``(aa) specify the areas of noncompliance; ``(bb) require corrective action; and ``(cc) offer technical assistance. ``(iii) Renewal after correction.--If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days of notification of noncompliance, the State apprenticeship agency's recognition under this section shall be renewed for an additional 4- year period. ``(C) Transition period for state agencies.-- ``(i) In general.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2). ``(ii) Transition period.--A State agency described in clause (i) shall be recognized as a State apprenticeship agency under this section for a 4-year period beginning on the date on which the Secretary approves the application submitted by the State agency under paragraph (2). ``(b) Authority of a State Apprenticeship Agency.-- ``(1) In general.--For the period during which a State apprenticeship agency is recognized under subsection (a) and to maintain such recognition, the State apprenticeship agency shall carry out the requirements of this Act. ``(2) Program recognition.--With respect to a State with a State apprenticeship agency, the State apprenticeship agency shall have sole authority to recognize and register a pre- apprenticeship, youth apprenticeship, or apprenticeship program in such State, which shall include-- ``(A) determining whether such program is in compliance with the standards for such program under section 122; ``(B) in the case of such a program that is in compliance with such standards, recognizing the program and providing a certificate of recognition for such program; ``(C) providing technical assistance to current or potential sponsors; and ``(D) in the case of such a program that fails to meet the requirements of this Act, providing for the withdrawal of recognition of the program in accordance with section 131(b). ``(3) State apprenticeship council.-- ``(A) In general.--A State apprenticeship agency shall establish and continue to use a State apprenticeship council, which shall operate in compliance with the requirements of this Act under the direction of the State apprenticeship agency. ``(B) Composition.--A State apprenticeship council may be regulatory or advisory in nature, and shall-- ``(i) be composed of persons familiar with apprenticeable occupations; and ``(ii) be fairly balanced, with an equal number of-- ``(I) representatives of employer organizations, including from nontraditional apprenticeship industries or occupations; ``(II) representatives of labor organizations or joint labor-management organizations, including from nontraditional apprenticeship industries or occupations; and ``(III) public members; and ``(iii) to the extent practicable, have not less than 1 member who is a member of the State workforce board. ``(C) Special rule.--A State apprenticeship council shall not be eligible for recognition as a State apprenticeship agency. ``(c) State Plan.-- ``(1) In general.--For a State apprenticeship agency to be eligible to receive allotments under subsection (f) and to be recognized under this section, the State apprenticeship agency shall submit to the Secretary a State plan that meets the requirements of this subsection. ``(2) Approval of state plan.-- ``(A) Submission.-- ``(i) Initial plan.--The first State plan of a State apprenticeship agency shall be submitted to the Administrator not later than 120 days prior to the commencement of the first full program year of the State apprenticeship agency, which shall include-- ``(I) a description of any State laws, policies, or operational procedures relating to the process of recognizing programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act; ``(II) an assurance that the State will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in subclause (I) that occur after the date of submission of such plan; and ``(III) an assurance that the State will make available on a publicly available website a description of any laws (including regulations), policies, and operational procedures relating to the process of recognizing programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act. ``(ii) Subsequent plans.--Except as provided in clause (i), a State plan shall be submitted to the Administrator not later than 120 days prior to the end of the 4-year period covered by the preceding State plan. ``(B) Approval.--A State plan shall be subject to the approval of the Administrator and shall be considered to be approved at the end of the 90-day period beginning on the date that the plan is submitted under this paragraph, unless the Administrator, during the 90-day period, provides the State apprenticeship agency, in writing-- ``(i) an explanation for why the State plan is inconsistent with the requirements of this Act; and ``(ii) an opportunity for an appeal of such determination to an Administrative Law Judge for the Department of Labor not later than 30 days after receipt of the notice of denial from the Administrator. ``(C) Modifications.-- ``(i) Modifications.--At the end of the first 2-year period of any 4-year State plan, the State may submit modifications to the State plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the State plan. ``(ii) Approval.--A modified State plan submitted for review under clause (i) shall be subject to the approval requirements described in subparagraph (B). ``(3) Technical assistance.--Each State Plan shall describe how the State apprenticeship agency will provide technical assistance for-- ``(A) potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for the purposes of recruitment, retention, program development, expansion, or implementation, including supporting remote or virtual learning or training, as necessary; ``(B) sponsors of programs registered in the State, including sponsors that are not meeting performance goals under subtitle C, for purposes of assisting sponsors in meeting or exceeding such goals; and ``(C) sponsors of programs registered in that State for purposes of assisting such sponsors in achieving State goals in diversity and equal opportunity in apprenticeships in accordance with paragraph (5). ``(4) Reciprocity.--Each State plan shall describe how the State apprenticeship agency, in the case of a program recognized by a registration agency in another State, shall recognize such program in the State of such agency for purposes of this Act by not later than 30 days after receipt of an application for such recognition from a program sponsor, as long as such program meets the wage and hour provisions of the State granting reciprocity. ``(5) Promoting diversity in the national apprenticeship system.--Each State plan shall include a plan for how the State apprenticeship agency will-- ``(A) promote diversity in apprenticeable occupations offered throughout the State, and a description of how such agency will promote the addition of apprenticeable occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship industries or occupations; and ``(B) promote diversity and equal opportunity in programs under the national apprenticeship system by uniformly adopting and implementing the requirements of subparagraphs (B) and (C) of section 111(b)(7). ``(6) Complaints.-- ``(A) In general.--Subject to subparagraph (B), each State plan shall include a description of the system for the State apprenticeship agency to receive and resolve complaints submitted by program participants, the program participant's authorized representative, sponsors, employers, or nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements under this Act. ``(B) Collective bargaining agreements.--Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (5)(B) shall be subject to such system. ``(7) State apprenticeship hubs.--Each State plan shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that shall work with industry and sector partnerships to expand programs under the national apprenticeship system, and apprenticeable occupations, in the State. ``(8) State apprenticeship performance outcomes.--Each State plan shall-- ``(A) in coordination with the Administrator, establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described-- ``(i) in subparagraph (A) of section 131(b)(1); and ``(ii) in subparagraph (B)(ii) of section 131(b)(1); and ``(B) describe how the State apprenticeship agency will collect performance data from programs registered by the agency; and ``(C) annually report on the outcomes of each such program in relation to the State established goals under subparagraph (A). ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). ``(10) Alignment of workforce activities.--Each State plan shall include a summary of State-supported workforce development activities (including education and training) in the State, including-- ``(A) a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); ``(B) the degree to which the programs under the national apprenticeship system in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and ``(C) a description of how apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(11) State strategic vision.--Each State plan shall include a summary of the State's strategic vision and set of goals for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the programs registered by the State apprenticeship agency in the State will help to meet such goals. ``(12) Strategy for any joint planning, alignment, coordination, and leveraging of funds.--Each State plan shall provide a description of the State apprenticeship agency's strategy for joint planning, alignment, coordination, and leveraging of funds-- ``(A) with the State's workforce development system, to achieve the strategic vision and goals described in paragraph (11), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B)); ``(B) for programs under the national apprenticeship system in the State with other Federal education programs, including programs under-- ``(i) the Elementary and Secondary Education Act of 1965; ``(ii) the Individuals with Disabilities Education Act; ``(iii) the Carl D. Perkins Career and Technical Education Act of 2006; and ``(iv) the Higher Education Act of 1965; and ``(C) to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under-- ``(i) section 6(d) of the Food and Nutrition Act of 2008; ``(ii) subsection (c)(1) of section 3672 of title 38, United States Code; ``(iii) section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541); and ``(iv) the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. ``(13) State apprenticeship council.--Each State plan shall provide for a description of the composition, roles, and responsibility of the State apprenticeship council, and how the Council will comply with the requirements of subsection (b)(3). ``(d) State Apprenticeship Agency Funding.--A State apprenticeship agency shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according to the following requirements: ``(1) Program administration.--The State apprenticeship agency shall use such funds to support the administration of programs under the national apprenticeship system across the State, including for-- ``(A) staff and resources; ``(B) oversight and evaluation as required under this Act; ``(C) technical assistance to program sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries; ``(D) pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for-- ``(i) engaging potential providers of such programs such as employers, qualified intermediaries, related instruction providers, and potential program participants; ``(ii) publicizing apprenticeship opportunities and benefits; and ``(iii) engaging State workforce and education systems for collaboration and alignment across systems; ``(E) supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including the requirement of designating a certifying official; and ``(F) supporting the retention and completion of program participants in such programs, such as by assisting with the costs-- ``(i) related to enrolling in such programs; or ``(ii) of assessments related to obtaining a recognized postsecondary credential. ``(2) Educational alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State education system to provide technical assistance and best practices regarding-- ``(A) alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals; ``(B) alignment of related instruction provided under the national apprenticeship system in the State with academic credit granting postsecondary programs (including developing career pathways, articulation agreements, and prior learning assessments); and ``(C) the joint planning, alignment, coordination, and leveraging of funds described in subparagraphs (B) and (C) of subsection (c)(12). ``(3) Workforce alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State workforce development system to provide technical assistance and best practices regarding-- ``(A) alignment with the State's workforce activities and strategic vision in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of paragraph (12) of subsection (c); ``(B) guidance for training staff of the workforce development system, including the vocational rehabilitation agencies, within the State on the value of programs under the national apprenticeship system as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under subtitle C of title I of such Act and YouthBuild under section 171 of such Act; ``(C) providing a list of programs under the national apprenticeship system that are offered in the State, including in the State's high-skill, high-wage, or in-demand industry sectors or occupations; ``(D) alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and technical assistance in how individual training accounts under section 134(c)(3) of such Act could be used to pay for the costs of enrolling and participating in programs under the national apprenticeship system; ``(E) partnerships with State or local workforce development boards, State workforce agencies, and one- stop centers and one-stop operators that assist program participants in accessing supportive services to support-- ``(i) the recruitment, retention, and completion of programs under the national apprenticeship system, including the recruitment of nontraditional populations and dislocated workers; ``(ii) transitions from youth apprenticeships and pre-apprenticeships to apprenticeship programs; and ``(iii) the placement into employment or further education upon program completion; and ``(F) expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act to include programs under the national apprenticeship system in the State (29 U.S.C. 3152(d)). ``(4) Leadership activities.-- ``(A) In general.--A State apprenticeship agency may reserve not more than 15 percent of the funds received under subsection (f) in support of State apprenticeship initiatives described in this paragraph. ``(B) Diversity.--Not less than 5 percent of the amount reserved under subparagraph (A) shall be used by the State apprenticeship agency for supporting and expanding diversity in apprenticeable occupations under the national apprenticeship system in the State and program participant populations in the State. ``(C) Incentives for employers.--A State apprenticeship agency may use funds reserved under subparagraph (A) to incentivize employers to participate in programs under the national apprenticeship system, such as costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation. ``(D) State-specific initiatives.--A State apprenticeship agency may use funds reserved under subparagraph (A) for State-specific initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations. ``(5) State match for federal investment.-- ``(A) In general.--Except in the case of exceptional circumstances, as determined by the Administrator, in order to receive a full allotment under subsection (f), a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment. ``(B) Transition period.--The requirement under this paragraph shall take effect with respect to a State apprenticeship agency on the date that is 1 day after the date on which the transition period for such agency under subsection (a)(3)(C)(ii) ends. ``(e) Derecognition of State Apprenticeship Agencies.-- ``(1) In general.--The Secretary may withdraw recognition of a State apprenticeship agency before the end of the agency's 4-year recognition period under subsection (a)(2)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph (2), and has not been in compliance with the performance improvement plan under paragraph (3) to remedy such failure. ``(2) Derecognition criteria.--The recognition of a State apprenticeship agency under this section may be withdrawn under paragraph (1) in a case in which the State apprenticeship agency fails to-- ``(A) adopt or properly enforce a State plan; ``(B) properly carry out its role as the sole registration agency in the State; ``(C) submit a report under section 131(b)(1)(B) for any program year; ``(D) meet the State levels of performance as described in subsection (c)(8)(A) or demonstrate improvements in performance for 3 consecutive program years; or ``(E) otherwise fulfill or operate in compliance with the requirements of this Act. ``(3) Derecognition process.-- ``(A) In general.--If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan. ``(B) Reduction of funds.--Except in the case of exceptional circumstances as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)-- ``(i) the percentage of the funds to be allotted to the State apprenticeship agency under subsection (f) for each fiscal year following the fiscal year in which such failure has been identified shall be reduced by 5 percentage points; and ``(ii) the Administrator shall provide notice to the State apprenticeship agency that the agency's recognition under this section may be withdrawn if the agency fails to remedy the failure. ``(C) Termination of proceedings.--If the Administrator determines that the State apprenticeship agency's corrective action under subparagraph (A) has addressed the agency's failure identified under paragraph (2), the Administrator shall-- ``(i) restore the agency's full funding allocation under this title for the next full fiscal year; and ``(ii) notify the State apprenticeship agency that the agency's recognition will not be withdrawn under this section for the reason for which the agency's funding under this title was most recently reduced. ``(D) Opportunity for hearing.-- ``(i) In general.--In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph (2), the Administrator shall-- ``(I) notify, in writing, the State apprenticeship agency of the failure of the State apprenticeship agency, including a description of such failure and an explanation that the agency's recognition under this section may be withdrawn as a result of such failure; and ``(II) offer the State apprenticeship agency an opportunity to request a hearing not later than 30 days after the date of such notice. ``(ii) Referral to office of administrative law judges.--In a case in which the State apprenticeship agency requests a hearing under clause (i)(II), the Administrator shall refer the matter to the Office of Administrative Law Judges for a recommended decision by the Administrative Review Board for final agency action. ``(4) Requirements regarding withdrawal of recognition.-- ``(A) Office of apprenticeship.-- ``(i) Prior to order.--Prior to the withdrawal of the recognition of a State apprenticeship agency under this section, the Administrator shall-- ``(I) provide to the State apprenticeship agency an order withdrawing recognition of such agency under this section; and ``(II) establish a State Office of Apprenticeship; and ``(ii) After order.--Not later than 30 days after the date of such order, provide notification of the withdrawal to the sponsors of the programs under the national apprenticeship system in such State that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)). ``(B) State apprenticeship agency requirements.--A State agency whose recognition as a State apprenticeship agency under this section has been withdrawn under paragraph (3) shall-- ``(i) provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the State's programs under the national apprenticeship system in the State; ``(ii) cooperate fully during the transition period beginning on the date of the order withdrawing such recognition and ending on the date on which the Administrator establishes a State Office of Apprenticeship in the State; and ``(iii) return any unused funds received under this Act. ``(5) Reinstatement of recognition.--A State apprenticeship agency that has had its recognition withdrawn under this section may have such recognition reinstated upon presentation of adequate evidence that the State apprenticeship agency has-- ``(A) submitted an application under subsection (a)(2); and ``(B) demonstrated the ability to operate in compliance with the requirements of this Act. ``(f) Reservation and State Allotments.-- ``(1) State allotments.-- ``(A) In general.--Of the amount appropriated under subsection (g) for a fiscal year-- ``(i) 33 \1/3\ percent shall be equally distributed among each State Office of Apprenticeship, outlying area, and eligible State; and ``(ii) 66 \2/3\ percent shall be allotted to eligible States on the basis described in subparagraph (B). ``(B) Formula.-- ``(i) In general.--Of the amount available under subparagraph (A)(ii)-- ``(I) 25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis; ``(II) 25 percent shall be allotted on the basis of the relative share of program participants who have completed a program under the national apprenticeship system in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and ``(III) 50 percent shall be allotted on the basis described in clause (ii). ``(ii) Allotments based on bls and acs data.--Of the amount available under clause (i)(III)-- ``(I) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States; ``(II) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals living below the poverty line in each eligible State, compared to the total number of individuals living below the poverty line in all eligible States; and ``(III) 33\1/3\ percent shall be allotted on the basis of the relative number of unemployed individuals in each eligible State, compared to the total number of unemployed individuals in all eligible States. ``(2) Definitions.--In this subsection-- ``(A) Eligible state.--The term `eligible State' means a State (as defined in section 2) that has a State apprenticeship agency. ``(B) Poverty line.--The term `poverty line' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(C) Unemployed individual.--The term `unemployed individual' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for fiscal year 2022; ``(2) $85,000,000 for fiscal year 2023; ``(3) $95,000,000 for fiscal year 2024; ``(4) $105,000,000 for fiscal year 2025; and ``(5) $115,000,000 for fiscal year 2026. ``SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION. ``(a) In General.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall-- ``(1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and ``(2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement. ``(b) Alignment for Youth Apprenticeships.--In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide-- ``(1) information and resources to-- ``(A) parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school, and that are in user-friendly formats and languages that are easily accessible, as determined by the Secretaries; and ``(B) school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and ``(2) technical assistance on how to-- ``(A) align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements; ``(B) offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)); ``(C) facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and ``(D) align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(c) Apprenticeship College Consortium.--In order to support the establishment of a college consortium of postsecondary educational institutions, including minority serving institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will-- ``(1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system; ``(2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act; ``(3) require all participants of the apprenticeship college consortium to enter into agreements to-- ``(A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; ``(B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and ``(C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; ``(4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), for related instruction for programs under the national apprenticeship system; ``(5) provide to consortium participants or potential participants information regarding-- ``(A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium; ``(B) information on how to develop an apprenticeship program; ``(C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and ``(D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and ``(6) support information regarding the apprenticeship consortium being made available on a publicly accessible website, including-- ``(A) a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and ``(B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. ``(d) Best Practice Development and Sharing.-- ``(1) Dissemination.--Such interagency agreement shall require that the Secretaries disseminate information on the value of programs under the national apprenticeship system, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint labor-management organizations (including those representing teachers). ``(2) Clearinghouse.--Such agreement shall require the Secretaries to create a clearinghouse of best practices-- ``(A) for improving performance and increasing alignment of education and programs under the national apprenticeship system, including career pathways; and ``(B) publicly disseminate information and resources on-- ``(i) replicable related instruction and on-the-job learning; and ``(ii) how to build an understanding of apprenticeship opportunities available to students. ``(e) Data Sharing Agreement.--The Secretaries shall disseminate best practices for the alignment of education records and records of programs under the national apprenticeship system, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program. ``(f) Secretaries Defined.--In this section, the term `Secretaries' means the Secretary of Labor and the Secretary of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS. ``For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Administrator that demonstrates that such apprenticeable occupation is in-demand and will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall-- ``(1) meet the industry-recognized occupational standards under section 111(b)(5)(C); or ``(2) involve the progressive attainment of skills, competencies, and knowledge that are-- ``(A) clearly identified and commonly recognized throughout the relevant industry or occupation; ``(B) customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job supervised learning and related instruction to supplement such learning; and ``(C) offered through a time-based, competency- based, or hybrid model as described in section 122(b)(1)(E). ``SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) In General.--The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices, pre-apprentices, and youth apprentices. ``(b) Apprenticeship Program Standards.--In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards: ``(1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: ``(A) The employment and training to be received by each apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the apprentice; ``(iii) a description of the mentoring that will be provided to the apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which-- ``(i) for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency; ``(ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; ``(iii) shall be provided by one or more qualified instructors that-- ``(I)(aa) meet technical instructor requirements of the applicable education agency in the State of registration; or ``(bb) are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and ``(II) have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction; ``(iv) where appropriate and to the extent practicable, shall be aligned to a career pathway; and ``(v) where appropriate and to the extent practicable, incorporate the principles of universal design for learning under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is-- ``(i) consistent with measurable skill gains; and ``(ii) ensures the entry wage is not less than the greater of-- ``(I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or ``(II) the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements. ``(E) The term of the apprenticeship program, which may be measured using-- ``(i) a time-based model, which requires the completion of the industry standard for on- the-job learning hours, which in no case shall be less than a cumulative 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor from a nontraditional apprenticeship industry or occupation as of the date of the enactment of the National Apprenticeship Act of 2021 that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency; ``(ii) a competency-based model, which requires the attainment of competency in the occupation; or ``(iii) a hybrid model, which blends the time-based and competency-based approaches. ``(F) The methods used to measure an apprentice's skills and competencies, which may include an initial diagnostic assessment or assessment of credentials that verify an individual's foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include-- ``(i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice's completion of the required hours of on-the-job learning as described in a work process schedule; ``(ii) in the case of a competency-based model described in subparagraph (E)(ii), the individual apprentice's successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on- the-job learning component of the apprenticeship; or ``(iii) in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in subparagraph (E)(i) and a work process schedule. ``(2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans' service- acquired skills and experiences. ``(3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years. ``(4) In the case of a program that chooses to issue an interim credential, the program-- ``(A) clearly identifies each interim credential; ``(B) only issues an interim credential for recognized components of an apprenticeable occupation and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and ``(C) establishes the process for assessing an individual apprentice's demonstration of competency and measurable skill gains associated with the particular interim credential. ``(c) Pre-Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards: ``(1) The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b) and prepare them to enter and succeed in such an apprenticeship programs, including by providing the skills and competency attainment needed to enter the apprenticeship program. ``(2) The program-- ``(A) is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program; ``(B) demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program; ``(C) demonstrates evidence of sufficient demand in an apprenticeship program at the completion of a pre- apprenticeship program to support a transition from a pre-apprenticeship to an apprenticeship; and ``(D) demonstrates partnerships with qualified intermediaries, community-based organizations, labor organizations, or joint labor-management organizations. ``(3) The program includes a written plan developed by the sponsor of the pre-apprenticeship program that is developed in consultation with the sponsor of the apprenticeship program described in paragraph (2)(A), that-- ``(A) provides for work-based learning, and paid work-based learning to the extent practicable, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations; ``(B) is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations, and the requirements of the related apprenticeship program; ``(C) to the extent appropriate and practicable, meets the related instruction requirements as described in clauses (ii) through (iv) of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and ``(D) includes mentoring, career exposure, career planning, and career awareness activities. ``(d) Youth Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards: ``(1) The program is designed for youth apprentices who at the start of the program are enrolled in high school. ``(2) The program includes each of the following core elements: ``(A) The employment and training to be received by each youth apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the- job training or in an experiential setting; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the youth apprentice; ``(iii) a description of the mentoring that will be provided to the youth apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the youth apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and-- ``(i) is, to the extent practicable, aligned with high school diploma requirements and career clusters; and ``(ii) meets the additional requirements as described in subsection (b)(1)(C). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice. ``(E) The term of the youth apprenticeship program, as described in subsection (b)(1)(E). ``(F) For a competency-based or hybrid youth apprenticeship program, the methods used to measure skill acquisition for a youth apprentice, including ongoing assessment against established skill and competency standards as described in subsection (b)(1)(F). ``(G) Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. ``(3) The program equally grants advanced standing or credit to all individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills. ``(4) In the case of a youth apprenticeship program that chooses to issue an interim credential, the program meets the requirements of subsection (b)(4). ``(e) General Requirements.--Each program under the national apprenticeship system shall meet the following standards: ``(1) The program-- ``(A) has adequate and safe equipment, environments, and facilities for training and supervision; ``(B) provides safety training on-the-job and in related instruction as applicable by the apprenticeable occupation; and ``(C) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. ``(2) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. ``(3) The program provides-- ``(A) all individuals with an equal opportunity to participate in the program as described in subparagraphs (B) and (C) of section 111(b)(7); and ``(B) materials that conform with accessibility standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), such as materials that conform with the most recent Web Content Accessibility Guidelines. ``(4) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential. ``(5) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program. ``(6) The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence- informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and consistent with provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements. ``SEC. 123. APPRENTICESHIP AGREEMENTS. ``(a) In General.--To ensure the standards described in section 122 are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall-- ``(1) be the same for each program participant; ``(2) contain the names and signatures of the program participant and the sponsor; ``(3) meet the requirements of subsection (b); and ``(4) be submitted to the registration agency in accordance with section 124 by the program sponsor. ``(b) Standards.--Each agreement under subsection (a) shall contain, explicitly or by reference, program standards under section 122, including-- ``(1) in the case of an apprenticeship program-- ``(A) that is time-based, a statement of the number of hours to be spent by the program participant in on- the-job learning and on-the-job training in order to complete the program; ``(B) that is competency-based, a description of the skill sets to be attained by completion of the program, including the on-the-job learning and work components; or ``(C) that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the- job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program; ``(2) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur for participating in the program (such as for equipment, related instruction, or assessment or licensure fees), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; ``(3) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; ``(4) for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and ``(5) demonstration of commitment to and compliance with subparagraphs (B) and (C) of section 111(b)(7). ``SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) Program Registration Application.--In order to bring together employers and labor for the formulation of programs under the national apprenticeship system, the Administrator shall provide for the registration of programs in which a sponsor applying to register a program under the national apprenticeship system shall request registration of such program from a registration agency by submitting the information required by the registration agency, including-- ``(1) information demonstrating that each of the requirements of section 122 will be met for the program; ``(2) a copy of the apprenticeship agreement described in section 123 used by the sponsor; ``(3) a written assurance that, if the program is registered under this Act, the sponsor will administer the program in accordance with the requirements of this Act and comply with the requirements of the apprenticeship agreement for each apprentice; and ``(4) methods the program sponsor will use to report performance data describing outcomes associated with the program as required by the registration agency-- ``(A) on an annual basis for any program sponsor with fewer than 5 program participants; or ``(B) on a quarterly basis for any program sponsor with 5 or more program participants. ``(b) Recognition and Registration Process.-- ``(1) Review and approval process.-- ``(A) Provisional approval review.--An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program's compliance and registration to operate such program. ``(B) Full approval or extended provisional approval.--By the end of a provisional registration period for a program, the registration agency providing provisional approval under subparagraph (A) shall review the program for quality and for compliance with the applicable standards under this subtitle and all other applicable program requirements under this Act, and-- ``(i) if a registration agency conducting a provisional review determines that the program complies with the standards and requirements under this Act, the registration agency shall fully approve the registration of the program; or ``(ii) if a registration agency conducting a provisional review determines that the program is not conforming to the requirements or standards under this Act, the registration agency may continue the provisional registration of the program through the first full training cycle for program participants, and conduct an additional provisional review at the conclusion of the training cycle. ``(C) Failure to meet requirements.--If, after an initial provisional review under subparagraph (A), a registration agency conducting such provisional review determines that the program is not in operation or does not conform to the requirements under this Act, the registration agency shall recommend technical assistance and corrective action for the program, or deregistration, in accordance with procedures established under subsections (b) and (c) of section 131. ``(2) Certificate of registration.-- ``(A) In general.--A registration agency that registers a program under paragraph (1) shall-- ``(i) provide the sponsor of the program with a certificate of registration or other written evidence of registration; and ``(ii) provide a copy of the certificate of registration to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans' use of supplemental educational assistance benefits. ``(B) Registration name.--A program shall be registered in the name of the sponsor, or if a sponsor enters into a partnership with an employer who registers the program, in the name of the employer. ``(3) Program participant registration.--A sponsor providing a program that is registered in accordance with paragraph (2) shall provide to an individual seeking to be a program participant the opportunity to apply through the sponsor, and shall-- ``(A) enter into a written individual apprenticeship agreement described in section 123 with each such individual before the commencement of the program; and ``(B) individually register each program participant with the registration agency by filing a copy of the individual apprenticeship agreement with the registration agency or as otherwise required by the registration agency, and sharing a copy with the Administrator as appropriate, as described under section 123(a)(4). ``(4) Transition process for previously approved programs.--With respect to a program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2021, the registration agency shall take such steps as necessary to-- ``(A) in the case of a program that meets of the requirements of this Act, maintain the status of the sponsor of the program as of the date before such date of enactment as the sponsor of such program under this Act; and ``(B) in the case of a program that does not meet the requirements of this Act, provide technical assistance to the sponsor of such program to ensure that the sponsor is in compliance with this Act not later than 3 years after the date of enactment of the National Apprenticeship Act of 2021. ``(c) Modifications or Changes to Youth Apprenticeship, Pre- Apprenticeship, or Apprenticeship Programs.-- ``(1) Sponsor proposal.--Any sponsor that wishes to modify a program, including the program's method of meeting the standards required under this Act, shall submit the proposal for such change or modification to the registration agency for the program. ``(2) Registration agency requirements.-- ``(A) In general.--The registration agency shall determine whether to approve the proposal and notify the sponsor of the determination by not later than 60 days after receipt of the proposal. ``(B) Approval of proposal.--If the proposal is approved, the registration agency shall amend the record of the program to reflect the modification or change, and provide the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval. ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. ``(D) List of disapproved programs.--The registration agency shall maintain a list of programs that were disapproved which includes the reasons for each such disapproval and provide such list to the Administrator at least annually. ``Subtitle C--Evaluations and Research ``SEC. 131. PROGRAM EVALUATIONS. ``(a) Purpose.--The purpose of this section is to provide program performance transparency across the programs under the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). ``(b) Reviews by Registration Agencies.-- ``(1) Performance reviews.-- ``(A) In general.--A registration agency shall-- ``(i) annually collect performance data for each program registered under section 124 by such agency to determine-- ``(I) the performance of the program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs under the national apprenticeship system; and ``(II) the completion rates of the program; and ``(ii) provide technical assistance for the collection of the information under clause (i) of this subparagraph and subparagraph (B), as necessary. ``(B) Reports.--The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that includes the following information with respect to each program registered under section 124 by such agency, including-- ``(i) information specifying the levels of performance described in subparagraph (A), as compared to goals set in section 113(c)(8)(A)(i); ``(ii) the percentage of program participants by race, sex ethnicity and, to the extent practicable, by individuals with disabilities, as compared to such percentages within the working age population who are in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into in the program; ``(iii) the percentage of program participants served by each of the programs that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(iv) the average time to completion for the program as compared to the description in the agreement under paragraphs (1) and (2) of section 123(b); ``(v) the average cost per participant during the most recent program year and the 3 preceding program years; ``(vi) the percentage of program participants who received supportive services; ``(vii) information on the State's activities required under section 113(c), including the State's uses of funds; and ``(viii) the disaggregation of the performance data described in clauses (i) through (vi)-- ``(I) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(II) by race, ethnicity, sex, age, veteran status, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)). ``(C) Reports to congress.--Not later than 60 days after receiving a report under subparagraph (B), the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(D) Publication.--The Administrator shall annually make available on a publicly accessible website each report received under subparagraph (B) not later than 30 days after receipt of such report. ``(2) Comprehensive program reviews.-- ``(A) In general.--A registration agency shall periodically review each program registered under section 124 by such agency for quality assurance and compliance with the requirements of this Act. ``(B) Timing of reviews.--A review described in subparagraph (A) shall occur-- ``(i) at the end of the first full training cycle of program participants under the program; and ``(ii) beginning after the review described in clause (i) at least once every 5 years. ``(C) Review.--The review shall be a comprehensive review regarding all aspects of the program performance, including-- ``(i) determining whether the registration agency is receiving notification from the sponsor of a program regarding individuals who are registered as new youth apprentices, pre- apprentices, or apprentices under the program, or who successfully complete the program, as required under this Act; ``(ii) determining whether the sponsor of the program is complying with the requirements of this Act; ``(iii) evaluating the performance of the sponsor with respect to, at a minimum, the indicators described in paragraph (1)(A)(i), with the performance data disaggregated as described in paragraph (1)(B)(viii); and ``(iv) ensuring the sponsor's compliance with the requirement to provide equal opportunity in recruitment, training, and employment as described in subparagraphs (B) and (C) of section 111(b)(7). ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. ``(c) Subsequent Action.-- ``(1) Technical assistance.--The registration agency shall provide technical assistance to the sponsor and identify areas that require technical assistance, including-- ``(A) to support the sponsor in creating a plan to meet the State goals described in section 113(c)(8)(A)(ii), as applicable; and ``(B) assistance in the development of a performance improvement plan if the registration agency determines, pursuant to any review under subsection (b), that the youth apprenticeship, pre-apprenticeship, or apprenticeship program-- ``(i) is not in operation; ``(ii) is not in compliance with the requirements of this Act; or ``(iii) is achieving levels of performance on any indicators described in subsection (b)(1)(A)(i) that are lower than the State goals for any program year. ``(2) Corrective action and deregistration of an apprenticeship program.--The registration agency may take corrective action, and if warranted, deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship program, after making a determination that the program demonstrates persistent and significant failure to perform successfully, which occurs when-- ``(A) the sponsor of the program consistently fails to register at least 1 program participant; ``(B) the program shows a pattern of poor results on the indicators described in subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served, or are lower than the national or State average; ``(C) the program shows no indication of improvement in the areas identified by the registration agency and in the performance improvement plan under paragraph (1); or ``(D) the sponsor has not administered the program in accordance with the program's registration, as applicable, or with the requirements of this Act. ``(3) Notification and hearing.--If the registration agency makes a determination described in paragraph (2), the registration agency shall notify the Secretary and the sponsor of the determination in writing, and permit the sponsor to request a hearing by the Office of Administrative Law Judges. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program after the period for requesting such a hearing has expired. ``(4) Notification and treatment of apprentices.--Not later than 15 days after the registration agency deregisters a program, the sponsor or program administrator shall notify program participant-- ``(A) of such deregistration and the effective date; ``(B) that such deregistration automatically deprives the program participant of individual registration as part of such youth apprenticeship, pre- apprenticeship, or apprenticeship program, including the ability to receive a certificate of completion from the registration agency; ``(C) that the deregistration of the program removes the program participant from eligibility for any Federal financial or other assistance, or rights, privileges, or exemptions under Federal law, that-- ``(i) relates to an apprentice; and ``(ii) requires the registration agency's approval; and ``(D) that all youth apprentices, pre-apprentices, or apprentices are referred to the registration agency for information about potential transfers to other programs under the national apprenticeship system. ``SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH. ``(a) Research.--The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the programs and activities carried out under this Act and to assist in the evaluation of the programs as described in section 131. ``(b) Techniques.--The research conducted under this section shall utilize appropriate methodology and research designs. ``(c) Contents.--Such research shall address-- ``(1) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities-- ``(A) improve the skill and employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities; ``(C) respond to the needs reflected in labor market data in the local area and align with high- skill, high-wage, or in-demand industries or occupations; ``(D) demonstrate a return on investment of Federal, State, local, sponsor, employer, and other funding for programs under the national apprenticeship system, capturing the full level of investment in, and impact of, such programs under the national apprenticeship system; and ``(E) regularly assess the impact of apprenticeship programs under the national apprentice system in effectively increasing the participation of women, minorities, individuals with disabilities, long term unemployed, individuals impacted by the criminal and juvenile justice system, foster and former foster youth, and individuals with barriers to employment; ``(2) the impact of the National Apprenticeship Act of 2021 on the general effectiveness of programs under the national apprenticeship system, including the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or industry recognized apprenticeable occupations; ``(3) best practices in increasing participation of nontraditional apprenticeship populations and individuals with barriers to employment, including individuals with disabilities, in programs under the national apprenticeship system; and ``(4) opportunities to scale up effective models under the national apprenticeship system. ``(d) Reports.-- ``(1) Independent entity.--The independent entity carrying out the research shall prepare and submit to the Secretary-- ``(A) an interim report containing findings from the research; and ``(B) a final report containing the results of the research, including policy recommendations. ``(2) Reports to congress.--Not later than 60 days after receipt of the interim report and final report described in subparagraphs (A) and (B) of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(e) Public Access.--The Secretary shall make the interim and final reports available on a publicly accessible website not later than 60 days after the receipt of the interim and final report. ``(f) Demonstration Authority.-- ``(1) In general.--The Secretary is authorized to initiate demonstration projects, subject to the recommendation of two- thirds of the voting members of the Advisory Committee, such that each demonstration project-- ``(A) is limited in size and scope; ``(B) has a duration of no more than 3 years; ``(C) is carried out in nontraditional apprenticeship industries or occupations, such as advanced manufacturing or information technology; and ``(D) which may include activities that respond to the COVID-19 public health emergency. ``(2) Limitation on funding.--In initiating demonstration projects under subsection (a), the Secretary may not use more than $2,000,000 annually from the funding authorized under section 141(a). ``Subtitle D--General Provisions ``SEC. 141. AUTHORIZATION OF APPROPRIATIONS. ``(a) Office of Apprenticeship.--There are authorized to be appropriated to carry out sections 111, 112, 131, and 132-- ``(1) $50,000,000 for fiscal year 2022; ``(2) $60,000,000 for fiscal year 2023; ``(3) $70,000,000 for fiscal year 2024; ``(4) $80,000,000 for fiscal year 2025; and ``(5) $90,000,000 for fiscal year 2026. ``(b) Interagency Agreement.--There are authorized to be appropriated to carry out section 114-- ``(1) $10,000,000 for fiscal year 2022; ``(2) $12,000,000 for fiscal year 2023; ``(3) $14,000,000 for fiscal year 2024; ``(4) $16,000,000 for fiscal year 2025; and ``(5) $18,000,000 for fiscal year 2026. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``SEC. 201. GRANT REQUIREMENTS. ``(a) Authority.-- ``(1) In general.--The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for the following purposes: ``(A) Creation and expansion activities.--To expand the offerings of programs under the national apprenticeship system-- ``(i) to create new apprenticeship programs in a nontraditional apprenticeship industry or occupation, such as for programs demonstrating demand in information technology, computer science, energy (including renewable energy), green jobs (including environmental protection and conservation), advanced manufacturing, health care, agriculture, forestry, fishing and hunting, hospitality and tourism, media and entertainment, education (including early childhood education), or cybersecurity; ``(ii) to expand existing apprenticeship programs demonstrating labor market demand; ``(iii) to create new or expand existing pre-apprenticeship programs; or ``(iv) to create new or expand existing youth apprenticeship programs. ``(B) Encouraging employer participation.--To encourage employer participation in programs under the national apprenticeship system-- ``(i) that target individuals with barriers to employment in youth apprenticeship, pre- apprenticeship, or apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, English language learners, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; ``(ii) that are in high-need social service-related industries, sectors, or occupations, such as direct care workers and early childhood, elementary school, and secondary school educators; ``(iii) that target individuals currently or recently incarcerated; or ``(iv) among small- and medium-sized employers. ``(C) Intermediary grants.--To establish or expand sector-based partnerships for the delivery of programs under the national apprenticeship system to significant scale through-- ``(i) national industry qualified intermediaries in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator and the Advisory Committee as targeted for expansion under the national apprenticeship system; ``(ii) national equity qualified intermediaries serving nontraditional apprenticeship populations, women, minorities, individuals with disabilities, and individuals impacted by the criminal or juvenile justice system; or ``(iii) local or regional qualified intermediaries serving programs under the national apprenticeship system. ``(D) Educational alignment.--To strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary, postsecondary, and adult education systems, including degree and credential requirements. ``(2) Duration.-- ``(A) In general.--The Administrator shall award grants, contracts, or cooperative agreements under this subsection for a period of not more than 3 years. ``(B) Extension.--The eligible entity may apply for, and the Administrator may grant, an extension of the grant period for not more than 1 additional 2-year period, if the grant recipient demonstrates to the Administrator that the recipient-- ``(i) has effectively implemented a project to achieve its stated purpose as described in subsections (e) and (f); ``(ii) has complied with the assurances as described in subsection (e)(9); and ``(iii) has improved applicable outcomes, as demonstrated through indicators referred to in section 203(a)(2). ``(b) Funding Requirements.-- ``(1) Matching funds required.--The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded under this section in an amount not less than 25 percent of the funds awarded to such recipient under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal, public, or private organizations, in cash or in kind, fairly evaluated. ``(2) Waiver.--The Administrator may waive the requirement under paragraph (1) if the entity demonstrates that exceptional circumstances prevent the entity from meeting the requirement, such as demonstrating that the entity serves a high proportion of individuals with barriers to employment, or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity. ``(c) Priority and Distribution.-- ``(1) Priority.--In awarding grants, contracts, or cooperative agreements under this section, the Administrator shall give priority to an eligible entity-- ``(A) proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and ``(B) providing opportunities in high-wage, high- skill, or in-demand sectors and occupations. ``(2) Geographic distribution.--In awarding grants, contracts, or cooperative agreements under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of such awards, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas. ``(d) Eligible Entity.--To be eligible to apply for grants, contracts, or cooperative agreements under this title, an eligible entity shall-- ``(1) demonstrate a partnership with two or more of the following-- ``(A) a State or local workforce development board or State or local workforce agency; ``(B) an education and training provider, or a consortium thereof; ``(C) a State apprenticeship agency; ``(D) an Indian Tribe or Tribal organization; ``(E) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(F) a Governor; ``(G) a labor organization or joint labor- management organization; ``(H) community-based organizations that assist program participants in accessing supportive services; or ``(I) a qualified intermediary; and ``(2) to the extent practicable-- ``(A) be part of an industry or sector partnership; and ``(B) partner with a labor or joint labor- management organization. ``(e) General Application Requirements.--An eligible entity applying for a grant under this section shall submit to the Administrator a description of each of the following: ``(1) Each purpose under subsection (a) for which the applicant intends to use such grant. ``(2) Each entity with which the eligible entity is partnered or engaged under subsection (d) and the role of each such entity in carrying out activities funded under this subsection. ``(3) The ability of the applicant, directly or through partners-- ``(A) to enroll, instruct, advance, and graduate program participants served by the grant activities, and enable the participants to gain employment after program completion; ``(B) to support (including by providing technical assistance) program sponsors and employers (especially small- and medium-sized businesses) in the creation of, recruitment for, and execution of programs under the national apprenticeship system; and ``(C) to provide opportunities to rural communities, as applicable. ``(4) A labor market analysis with respect to the geographic area of service that demonstrates-- ``(A) the need to create or expand the program; and ``(B) a plan to align the activities supported by the grant with the labor market needs of high-skill, high-wage, or in-demand industry sectors or occupations. ``(5) A plan-- ``(A) to comply with requirements for an evaluation and report under section 203; ``(B) as appropriate, to coordinate activities assisted under the grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if appropriate, how funds provided under these programs will be leveraged in support of the programs supported by this grant; ``(C) to use funds awarded under this section in support of the programs supported by this grant, as described in section 202; ``(D) to continue the program after the grant period ends; ``(E) to recruit and retain program participants for pre-apprenticeship, youth apprenticeship, and apprenticeship programs, including from nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, individuals impacted by the criminal or juvenile justice system, and individuals with barriers to employment; ``(F) to ensure program participants are able to access supportive services, as applicable; and ``(G) to comply with the equal opportunity requirements for diversity described in subparagraphs (B) and (C) of section 111(b)(7) and section 113(c)(5), as applicable. ``(6) For any grants, contracts, or cooperative agreements expanding existing programs under the national apprenticeship system, a description of-- ``(A) a plan to coordinate the activities carried out under the grant with the existing program; and ``(B) the effectiveness of the program, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in populations served, the effectiveness of the program in increasing participant's wages and benefits, or services provided to employers and program participants. ``(7) A description of potential program participants and strategies to support the recruitment, retention, and completion of such participants, including nontraditional apprenticeship populations and individuals with barriers to employment, to the extent practicable. ``(8) A description of strategies to recruit and support employers involved in programs under the national apprenticeship system. ``(9) An assurance that the eligible entity will-- ``(A) provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out; ``(B) make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in section 203(a)(1); and ``(C) coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities. ``(f) Additional Application Requirements.--The Administrator shall require an eligible entity applying for a grant under this title to include as part of their application in subsection (e) the following information, as applicable: ``(1) Creation and expansion activities.-- ``(A) New apprenticeship programs.--An eligible entity applying to create new apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(i) shall include as part of their application a description of-- ``(i) any plans for further expansion upon development of the program; and ``(ii) employers, and to the extent practicable, labor organizations or joint labor-management organizations, engaged in the program creation and implementation. ``(B) Expanding apprenticeship programs.--An eligible entity applying to expand existing apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(ii) shall include as part of their application a description of employers engaged in the program expansion. ``(C) Creating or expanding pre-apprenticeship programs.--An eligible entity applying to create or expand pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iii) shall include as part of their application a description of-- ``(i) a partnership between the eligible entity and at least one apprenticeship program; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the pre- apprenticeship program. ``(D) Creating or expanding youth apprenticeship programs.--An eligible entity applying to create or expand youth apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iv) shall include as part of their application a description of-- ``(i) an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with existing integration into the academic content of the high school diploma requirements, or with demonstrated plans for integration of related instruction into the high school curriculum; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the youth apprenticeship program. ``(2) Encouraging employer participation.-- ``(A) Individuals with barriers to employment.--An eligible entity applying to target individuals with barriers to employment for apprenticeship, youth apprenticeship, or pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(B)(i) shall include as part of their application a description of-- ``(i) specific strategies to target both individuals with barriers to employment and employers for participation in the program; and ``(ii) partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion of the program by program participants. ``(B) High-need social service-related industries.--An eligible entity applying to offer pre- apprenticeship, youth apprenticeship, or apprenticeship programs in high-need social service-related industries, sectors, or occupations and carry out activities in accordance with subsection (a)(1)(B)(ii) shall include as part of their application a description of wages and benefits offered to program participants. ``(C) Individuals currently or recently incarcerated.--An eligible entity applying to target individuals currently or recently incarcerated and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(iii) shall include as part of their application a description of-- ``(i) a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program; ``(ii) partnerships with organizations that will assist program participants in accessing activities to improve financial literacy and supportive services; ``(iii) how the assessments used to support the placement of potential program participants into a program accurately reflect the participants' skills and competencies; ``(iv) a plan to provide information about resources to program participants to address mental health or substance abuse issues; ``(v) partnerships with organizations that support-- ``(I) the transition from incarceration to re-entry, such as assistance with housing, transportation, child care, and legal services; and ``(II) successful completion of an apprenticeship or pre-apprenticeship program; ``(vi) wages and benefits offered to program participants that are commensurate with wages for similar work in the State or local area, as allowable; and ``(vii) alignment and necessary supports to comply with and receive the benefits of the Federal Bonding Program and the Prison Industry Enhancement Certification Program for employers participating in apprenticeship programs. ``(D) Small- and medium-sized employers.--An eligible entity applying to engage small- and medium- sized employers and carry out activities in accordance with subsection (a)(1)(B)(iv) shall include as part of their application a description of demonstrated success in engaging small- and medium-sized employers and the ability to recruit new employers to participate in related partnerships or programs, including small businesses owned or controlled by women, minorities, or veterans. ``(3) Intermediary grants.-- ``(A) Supporting national industry and equity intermediaries.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(i) shall include as part of their application a description of the ability of such entity to convene a diverse group of industry specific stakeholders for the purposes of developing or expanding programs, including employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), small businesses owned or controlled by women, minorities, or veterans, and education and training providers at a national level or with national reach. ``(B) Serving programs in a local or regional setting.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(ii) shall include as part of their application a description of how such entity will-- ``(i) engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and programs in the national apprenticeship system; ``(ii) identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations; ``(iii) leverage additional resources, including funding provided by Federal and non- Federal resources; and ``(iv) provide services to program sponsors and program participants. ``(4) Educational alignment.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(D) shall include as part of their application a description of-- ``(A) a demonstration of a partnership with-- ``(i)(I) no less than three sponsors or employers; or ``(II) an industry or sector partnership; and ``(ii) at least 1 of the following-- ``(I) an educational service agency; ``(II) a high school; ``(III) a local educational agency; ``(IV) State educational agency; ``(V) an Indian Tribe, Tribal organization, Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution, as applicable; ``(VI) a postsecondary educational institution; ``(VII) a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or ``(VIII) a State higher education agency; and ``(B) a commitment to establishing or expanding the alignment of the related instruction to-- ``(i) the requirements for a high school diploma, which may be fulfilled through a dual or concurrent enrollment program; or ``(ii) the requirements for a recognized postsecondary credential, including the degree requirements for an associate's or bachelor's degree. ``SEC. 202. USES OF FUNDS. ``(a) General Activities.--An eligible entity applying for any grant activity under section 201(a)(1)-- ``(1) shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre- apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, assessment or licensure fees, courses, transportation, child care, internet access, and housing; and ``(2) may use funds for any of the following activities: ``(A) To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system. ``(B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system. ``(C) To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system. ``(D) To carry out grant requirements, including program evaluation and reporting requirements. ``(E) To conduct any activities as described in the application that would advance the purposes of the grant. ``(F) To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. ``(b) Additional Uses of Funds.-- ``(1) Creation or expansion activities.-- ``(A) Apprenticeship program creation.--An eligible entity that receives funds under section 201(a)(1)(A)(i) shall use such funding to create and implement an apprenticeship program, which may include-- ``(i) creating and providing training and related instruction based on employer engagement; ``(ii) applying apprenticeship frameworks as described in section 111(b)(5)(C) to the State or local labor market and employer needs; ``(iii) aligning the new program with existing apprenticeship programs; or ``(iv) appropriate equipment, technology, and instructional materials aligned with new program needs, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials. ``(B) Apprenticeship program expansion.--An eligible entity that receives funds under section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include-- ``(i) expanding and enhancing related instruction; ``(ii) conducting outreach to and engagement with employers for the purposes of program expansion, including creation of new or expansion of existing industry or sector partnerships; ``(iii) preparing additional instructors or mentors needed for program expansion; ``(iv) building awareness of apprenticeship program opportunities for State or local workforce development, education, and economic development entities; and ``(v) providing commensurate wages to wages for on-the-job training for program participants during related instruction, as applicable. ``(C) Pre-apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre- apprenticeship program, which may include-- ``(i) coordinating pre-apprenticeship program activities with an apprenticeship program in a high-skill, high-wage, or in- demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program; ``(ii) creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace and supporting partnerships to create opportunities for pre-apprentices to earn credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program; ``(iii) providing participants with career exploration and career planning activities and with exploration of postsecondary opportunities including apprenticeship programs; ``(iv) with respect to participants without a high school diploma or a generally recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre- apprentices or active pre-apprentices, including those that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program; ``(v) development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of a pre-apprenticeship program; ``(vi) providing commensurate wages to the linked apprenticeship program for pre- apprentices as they participate in and complete the pre-apprenticeship program, as appropriate; ``(vii) paying the cost of related instruction or assessment or licensure fees associated with the pre-apprenticeship program, as appropriate; ``(viii) providing stipends to pre- apprentices enrolled in a pre-apprenticeship program to cover costs such as housing, transportation, childcare or out of pocket expenses resulting from the pre-apprenticeship program such as assessments and fees for industry-recognized credentials or drivers licenses during the time of enrollment; or ``(ix) creating or expanding industry or sector partnerships to support the pre- apprenticeship program and to provide additional opportunities to the pre- apprentices. ``(D) Youth apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include-- ``(i) paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials including industry-recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment; ``(ii) providing employers, and to the extent practicable, labor organizations and joint labor-management organizations, technical assistance to support the participation of youth apprentices under the age of 18; ``(iii) integrating work-based and academic learning, which may include training in the workplace; ``(iv) providing career exploration and career planning activities, including exploration of postsecondary opportunities such as apprenticeship programs; ``(v) providing technical assistance to support the participation of small- and medium- sized businesses in youth apprenticeship programs; ``(vi) developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of such a youth apprenticeship program; or ``(vii) providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships. ``(2) Incentive funds.-- ``(A) Barriers to employment.--An eligible entity that receives funds under section 201(a)(1)(B)(i) shall use such funds to encourage employer participation in programs under the national apprenticeship system that target individuals with barriers to employment, which may include-- ``(i) providing financial assistance to employers to support costs related to the programs, such as training incumbent workers for participation as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; and ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system. ``(B) High-need social service-related industries.--An eligible entity that receives funds under section 201(a)(1)(B)(ii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system in high need social service-related industries, sectors, or occupations, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors, or employees providing on-the-job training; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system; or ``(iv) aligning such program with career pathways and opportunities for advancement along such career pathways. ``(C) Individuals impacted by the justice system.-- An eligible entity that receives funds under section 201(a)(1)(B)(iii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system that target individuals impacted by the criminal or juvenile justice system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; or ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction. ``(D) In-demand industry sector or occupation grants for small- and medium-sized businesses.-- An eligible entity that receives funds under section 201(a)(1)(B)(iv) shall use such funds to encourage participation of small- and medium-sized businesses in programs under the national apprenticeship system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) providing technical assistance to small- and medium-sized businesses on the program registration process and leveraging other available funds to support carrying out programs supported by this grant; or ``(iv) establishing or expanding partnerships to support program development or expansion, including establishing or expanding industry or sector partnerships to ensure inclusion of small- and medium-sized businesses. ``(3) Intermediary grants.-- ``(A) National industry and equity intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(i) shall use such funds to carry out activities at a national and regional level to support the promotion and expansion of industry or equity intermediaries, which may include-- ``(i) creating partnerships and leveraging collaborations with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of programs under the national apprenticeship system nationwide; ``(ii) assisting employers in expanding programs, starting new programs, and working together to create a pipeline of skilled workers; ``(iii) increasing the participation and completion of nontraditional apprenticeship populations in programs under the national apprenticeship system, which may include-- ``(I) supporting the development, implementation, and scaling of plans and practices; and ``(II) identifying, developing, and disseminating effective program tools and strategies; ``(iv) providing national activities to increase awareness and access to programs, including strategic marketing and outreach, technology improvements, and innovations that make it easier for employers to start programs and for individuals to connect with program opportunities; ``(v) developing and disseminating training or related instruction associated with the program or for curriculum improvements that align with the requirements of the program and learning assessments; or ``(vi) providing industry employees or potential employees with a clear understanding of future career paths and the skills needed to succeed, along with cost effective ways of acquiring those skills through youth apprenticeship, pre-apprenticeship, or apprenticeship programs. ``(B) Local intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local or regional level to support the promotion and expansion of programs under the national apprenticeship system, which may include-- ``(i) providing training or related instruction associated with the programs or for curriculum improvements that align with the requirements of the programs and learning assessments; ``(ii) engaging with local education and training providers to support related instruction aligned with the needs of high- skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction; ``(iii) providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include the 12- month period after the conclusion of the other activities in the youth apprenticeship and pre- apprenticeship programs involved); ``(iv) providing technical assistance on the registration process for a sponsor of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(v) connecting businesses, labor organizations, or joint labor-management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(vi) providing training to employees to serve as on-the-job trainers or mentors to program participants; and ``(vii) providing career exposure, career planning, and career awareness activities. ``(4) Educational alignment grants.--An eligible entity that receives funds under section 201(a)(1)(D) shall use such funds to strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary and postsecondary education systems, including degree and credential requirements, which may include-- ``(A) creating and aligning the related instruction to requirements for a high school diploma or an associate's or bachelor's degree, including through-- ``(i) dual enrollment and credit articulation for youth apprenticeship programs; ``(ii) articulation agreements; or ``(iii) credit transfer agreements; ``(B) creating or expanding career pathways aligned with pre-apprenticeship, youth apprenticeship, or apprenticeship programs; ``(C) providing professional development for teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals to build an understanding of opportunities in the national apprenticeship system available to students and to incorporate such opportunities into academic content and offerings; ``(D) offering prior learning assessments, which may include credit for prior learning to grant advanced standing in a program under the national apprenticeship system and credit towards an associate's or bachelor's degree; ``(E) maintaining a connection between a pre- apprenticeship or youth apprenticeship program and an apprenticeship program; and ``(F) providing training for instructors or mentors. ``SEC. 203. GRANT EVALUATIONS. ``(a) Recipient Reports.--Each recipient of a grant under this section shall-- ``(1) provide for an independent evaluation of the activities carried out under this title during the grant period; ``(2) provide for an annual report and for a final report at the conclusion of the grant period, which include-- ``(A) a description of how the funds received through the grant were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C); ``(B) in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section for the grant period; ``(C) the total number of active program participants served by each of the grant programs; ``(D) the total number that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(E) the total number of program participants that completed the program in which they were enrolled; ``(F) the average time to completion for each program as compared to the program standards description under paragraphs (1) and (2) of section 123(b); ``(G) the average cost per participant during the most recent program year and the 3 preceding program years; ``(H) the percentage of participants who received support services; and ``(I) the disaggregation of performance data described in subparagraphs (A) through (H)-- ``(i) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(ii) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)); and ``(3) submit each report under paragraph (2)-- ``(A) to the registration agency; and ``(B) to the Administrator. ``(b) Administrator Evaluations.-- ``(1) In general.--The Administrator shall prepare-- ``(A) not later than 36 months after the date of enactment of the National Apprenticeship Act of 2021, an interim evaluation on the activities carried out under grants, contracts, or cooperative agreements awarded under this section; and ``(B) not later than 60 months after the date of enactment of the National Apprenticeship Act of 2021, a final evaluation containing the results of the grant activities. ``(2) Contents.--Such evaluations shall address, for the activities carried out under each grant awarded under this section, the general effectiveness of the activities in relation to their cost, including the extent to which the activities-- ``(A) improve the participation in, retention in, and completion of youth apprenticeship, pre- apprenticeship, and apprenticeship programs by nontraditional apprenticeship populations; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such activities; ``(C) respond to the needs reflected in State, regional, or local labor market data; ``(D) align with high-skill, high-wage, or in- demand industries or occupations; and ``(E) reach a wide variety of industry sectors and occupations; ``(3) Reports to congress.--Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this section, the Administrator shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the interim evaluations and a report summarizing the final evaluations. ``(4) Public access.--The Administrator shall make the interim and final reports available on a publicly accessible website not later than 60 days after the completion of the interim report and the final report. ``SEC. 204. GRANT APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. SEC. 4. CONFORMING AMENDMENTS. (a) American Competitiveness and Workforce Improvement Act of 1998.--Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed. (b) Immigration and Nationality Act.--Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended-- (1) in the heading, by striking ``for job training'' and inserting ``for programs under the national apprenticeship system''; and (2) by striking ``for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998'' and inserting ``to carry out title II of the National Apprenticeship Act''. Passed the House of Representatives February 5, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 447 _______________________________________________________________________ AN ACT To amend the Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act'') and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre- apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes.
H.R. 447 (Introduced in House) - National Apprenticeship Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr447ih/html/BILLS-117hr447ih.htm	DOC 117th CONGRESS 1st Session H. R. 447 To amend the Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act'') and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre- apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Scott of Virginia (for himself, Mr. Fitzpatrick, Mr. Norcross, Mr. McKinley, Ms. Bonamici, Mr. Bacon, Mr. Levin of Michigan, Mr. Bost, Mr. Pocan, Mr. Rodney Davis of Illinois, Ms. Wild, Mr. Katko, Mr. Sablan, Mr. Garbarino, Mrs. Hayes, Mr. Stauber, and Mrs. Trahan) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act'') and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre- apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Apprenticeship Act of 2021''. SEC. 2. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect beginning on July 1, 2022. SEC. 3. AMENDMENT. The Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `National Apprenticeship Act'. ``(b) Table of Contents.--The table of contents for this Act is as follows: ``Sec. 1. Short title; table of contents. ``Sec. 2. Definitions. ``Sec. 3. Programs under the national apprenticeship system. ``Sec. 4. Transition provisions. ``Sec. 5. Disaggregation of data. ``Sec. 6. Relation to other laws. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``Sec. 111. The Office of Apprenticeship. ``Sec. 112. National Advisory Committee on Apprenticeships. ``Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship. ``Sec. 114. Interagency agreement with Department of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``Sec. 121. Apprenticeable occupations standards. ``Sec. 122. Quality standards of programs under the national apprenticeship system. ``Sec. 123. Apprenticeship agreements. ``Sec. 124. Registration of programs under the national apprenticeship system. ``Subtitle C--Evaluations and Research ``Sec. 131. Program evaluations. ``Sec. 132. National apprenticeship system research. ``Subtitle D--General Provisions ``Sec. 141. Authorization of appropriations. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``Sec. 201. Grant requirements. ``Sec. 202. Uses of Funds. ``Sec. 203. Grant evaluations. ``Sec. 204. Grant appropriations. ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Administrator.--The term `Administrator' means the Administrator of the Office of Apprenticeship established under section 111(a). ``(2) Advisory committee.--The term `Advisory Committee' means the National Advisory Committee on Apprenticeships established under section 112. ``(3) Apprentice.--The term `apprentice' means a program participant in an apprenticeship program. ``(4) Apprenticeship agreement.--The term `apprenticeship agreement' means a written agreement under section 123 between-- ``(A) an apprentice, a youth apprentice, or a pre- apprentice; and ``(B) a sponsor. ``(5) Apprenticeship hub.--The term `apprenticeship hub' means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of programs under the national apprenticeship system. ``(6) Apprenticeable occupation.--The term `apprenticeable occupation' means an occupation that the Administrator has determined meets the requirements of section 121. ``(7) Apprenticeship program.--The term `apprenticeship program' means a program that meets the standards described in section 122(b) and is registered under this Act. ``(8) Competency.--The term `competency' means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement. ``(9) Department.--The term `Department' means the Department of Labor. ``(10) Education and training provider.--The term `education and training provider' means-- ``(A) an area career and technical education school; ``(B) an early college high school; ``(C) an educational service agency; ``(D) a high school; ``(E) a local educational agency or State educational agency; ``(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; ``(G) a postsecondary educational institution; ``(H) a minority-serving institution (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))); ``(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; or ``(L) a consortium of entities described in any of subparagraphs (A) through (K). ``(11) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a program sponsor; ``(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; ``(iii) an education and training provider, or a consortium thereof; ``(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; ``(v) an Indian Tribe or Tribal organization; ``(vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(vii) a Governor of a State; ``(viii) a labor organization or joint labor-management organization; or ``(ix) a qualified intermediary. ``(B) Sponsor requirement.--Not fewer than one entity under subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(12) Indian tribe; tribal organization.--The terms `Indian Tribe' and `Tribal organization' have the meaning given the terms (without regard to capitalization) in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(13) Interim credential.--The term `interim credential' means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in a program under the national apprenticeship system. ``(14) Journeyworker.--The term `journeyworker' means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. ``(15) National apprenticeship system.--The term `national apprenticeship system' means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that meet the requirements of this Act. ``(16) Nontraditional apprenticeship population.--The term `nontraditional apprenticeship population' means a group of individuals (such as a group of individuals from the same gender or race), the members of which comprise fewer than 25 percent of the program participants in an apprenticeable occupation under the national apprenticeship system. ``(17) Nontraditional apprenticeship industry or occupation.--The term `nontraditional apprenticeship industry or occupation' refers to an industry sector or occupation that represents fewer than 10 percent of apprenticeable occupations or the programs under the national apprenticeship system. ``(18) Outlying area.--The term `outlying area' means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. ``(19) Pre-apprentice.--The term `pre-apprentice' means a program participant in a pre-apprenticeship program. ``(20) Pre-apprenticeship program.--The term `pre- apprenticeship program' means a training model or program that-- ``(A) prepares individuals for acceptance into an apprenticeship program; ``(B) meets the standards described in section 122(c); and ``(C) is registered under this Act. ``(21) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(22) Qualified intermediary.-- ``(A) In general.--The term `qualified intermediary' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by-- ``(i) connecting employers to programs under the national apprenticeship system; ``(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; ``(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; ``(iv) providing professional development activities such as training to mentors; ``(v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; ``(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; ``(vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or ``(viii) serving as a program sponsor. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, or one-stop partners in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(23) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship. ``(24) Registration agency.--The term `registration agency' means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for-- ``(A) approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and ``(B) carrying out the responsibilities of supporting the youth apprenticeship, pre- apprenticeship, or apprenticeship programs registered by the registration agency. ``(25) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ``(26) Related federal programs.--The term `related Federal programs' means programs or activities under the following: ``(A) The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(C) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). ``(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(E) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). ``(G) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). ``(H) The postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(I) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). ``(J) Chapter 41 of title 38, United States Code. ``(K) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). ``(L) State unemployment compensation laws (in accordance with applicable Federal law). ``(M) Section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541). ``(N) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ``(O) Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration. ``(P) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). ``(Q) Educational assistance programs under chapters 30 through 36 of title 38, United States Code. ``(27) Secretary.--The term `Secretary' means the Secretary of Labor. ``(28) Sponsor.--The term `sponsor' means an employer, joint labor-management organization, trade association, professional association, labor organization, education and training provider, or qualified intermediary that is applying to administer and operate a program under the national apprenticeship system. ``(29) State.--The term `State'-- ``(A) has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and ``(B) includes each of the outlying areas. ``(30) State apprenticeship agency.--The term `State apprenticeship agency' means a State agency recognized as a State apprenticeship agency under section 113. ``(31) State apprenticeship council.--The term `State apprenticeship council' means an entity established under section 113(b)(3) to assist the State apprenticeship agency. ``(32) State office of apprenticeship.--The term `State office of apprenticeship' means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3). ``(33) State or local workforce development boards.--The terms `State workforce development board' and `local workforce development board' have the meanings given the terms `State board' and `local board', respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(34) State workforce agency.--The term `State workforce agency' means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.). ``(35) CTE terms.--The terms `area career and technical education school', `articulation agreement', `credit transfer agreement', `postsecondary educational institution', `Tribally controlled college or university', `Tribally controlled postsecondary career and technical institution', and `work- based learning' have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(36) ESEA terms.--The terms `dual or concurrent enrollment program', `early college high school', `education service agency', `high school', `local educational agency', `paraprofessional', and `State educational agency' have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(37) Tribal educational agency.--The term `Tribal educational agency' has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452). ``(38) WIOA terms.--The terms `career pathway', `in-demand industry sector or occupation', `individual with a barrier to employment', `industry or sector partnership', `labor market area', `local area', `one-stop center', `one-stop operator', `one-stop partner', `supportive services' and `workforce development system' have the meanings given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(39) Youth apprentice.--The term `youth apprentice' means a participant in a youth apprenticeship program. ``(40) Youth apprenticeship program.--The term `youth apprenticeship program' means a model or program that meets the standards described in section 122(d) and is registered under this Act. ``SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of program under the national apprenticeship system. ``SEC. 4. TRANSITION PROVISIONS. ``The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by the National Apprenticeship Act of 2021) from any authority under this Act as in effect on the day before the date of enactment of the National Apprenticeship Act of 2021. ``SEC. 5. DISAGGREGATION OF DATA. ``The disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information. ``SEC. 6. RELATION TO OTHER LAWS. ``Nothing in this Act shall invalidate or limit the remedies, rights, and procedures under any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, age, genetic information, or disability than are afforded by this Act. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``SEC. 111. THE OFFICE OF APPRENTICESHIP. ``(a) Establishment of the Office of Apprenticeship.--There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the `Office'), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office. ``(b) Responsibilities.--The Administrator shall be responsible for the administration of this Act, including: ``(1) Promotion and awareness activities.--The Administrator shall carry out promotion and awareness activities, including the following: ``(A) Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre- apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal and State correctional facilities, and prospective apprentices in such programs. ``(B) Promoting greater diversity in the national apprenticeship system including by-- ``(i)(I) promoting outreach to nontraditional apprenticeship populations; ``(II) engaging minority-serving institutions and employers from nontraditional apprenticeship industries or occupations; and ``(III) engaging small, medium-size, women- owned, and minority-owned businesses, and employers in high-skill, high-wage, and in- demand industry sectors and occupations that are nontraditional apprenticeship industries or occupations; and ``(ii) supporting the participation and retention of apprentices and employers described in clause (i) in the national apprenticeship system. ``(2) Technical assistance activities.--The Administrator shall carry out technical assistance activities, including the following: ``(A) Providing technical assistance to-- ``(i) assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including the process and standards described in subtitle B and the evaluation and research requirements described in subtitle C; ``(ii) receive and resolve comments or complaints from youth apprentices, pre- apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders; ``(iii) assist sponsors, employers, qualified intermediaries, and education and training or related instruction providers, or other entities interested in becoming sponsors, or seeking support for developing programs under the national apprenticeship system or effectively carrying out such programs, including providing assistance for remote or virtual learning or training, as necessary; ``(iv) assist those applying for or carrying out grants under title II; and ``(v) share, through a national apprenticeship system clearinghouse, high- quality materials for programs under the national apprenticeship system, such as related instruction or training materials. ``(B) Cooperating with the-- ``(i) Secretary of Education in-- ``(I) providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with State education systems and education and training providers; and ``(II) supporting the stackability and portability of academic credit and credentials earned as part of such programs, including through articulation agreements and career pathways; and ``(ii) State workforce development systems to promote awareness of opportunities under the national apprenticeship system. ``(3) State offices of apprenticeship.-- ``(A) Establishment of offices.-- ``(i) In general.--The Administrator shall establish and operate a State Office of Apprenticeship in a State described in clause (ii) to serve as the registration agency for such State. ``(ii) Applicable states.--A State described in this clause is a State-- ``(I) in which, as of the day before the date of enactment of the National Apprenticeship Act of 2021, there is no State Office of Apprenticeship; and ``(II) that has not applied for recognition as a State apprenticeship agency under section 113, or for which such recognition has not provided or has been withdrawn by the Administrator under such section. ``(B) State plan requirement.--Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c). ``(C) Vacancies.--Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall-- ``(i) make information on such vacancy available on a publicly accessible website; and ``(ii) report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, on the status and length of such vacancy if such vacancy is not filled not later than 90 days after such position has become vacant. ``(D) Rule of construction.--Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote programs under the national apprenticeship system in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State. ``(4) Quality standards, apprenticeship agreement, and registration review.--In order for the Secretary, acting through the Administrator, to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants, and to extend the application of such standards in apprenticeship agreements, not later than 1 year after the effective date of the National Apprenticeship Act of 2021, and at least every 3 years thereafter, the Administrator shall review, and where appropriate, update the process for meeting the requirements of subtitle B, including applicable regulations and subregulatory guidance to ensure that such process is easily accessible and efficient to bring together employers and labor as sponsors or potential sponsors of programs under the national apprenticeship system. ``(5) Apprenticeable occupations.-- ``(A) Existing apprenticeable occupations.--The Administrator shall regularly review and update the requirements for each apprenticeable occupation to ensure that such requirements are in compliance with requirements under this Act. ``(B) New apprenticeable occupation.-- ``(i) In general.--The Administrator shall review and make a determination on whether to approve an occupation as an apprenticeable occupation not later than 45 days after receiving an application from a person seeking such approval from the Administrator. ``(ii) Estimated timeline.--If such determination is not made within 45 days, the Administrator shall provide the applicant with a written explanation for the delay and offer an estimated timeline for a determination that does not to exceed 90 days after the date of such written explanation. ``(C) Industry recognized occupational standards.-- ``(i) In general.--From the funds appropriated under section 141(a), the Administrator shall convene, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), the industry sector leaders and experts described in clause (ii) for the purposes of establishing or updating specific frameworks of industry recognized occupational standards for apprenticeable occupations (including potential apprenticeable occupations) that-- ``(I) meet the requirements of this Act; and ``(II) describe program scope and length, related instruction, on-the-job training, recognized postsecondary credentials, and competencies, and relevant timelines for review of such frameworks. ``(ii) Industry sector leaders and experts.--The industry sector leaders and experts are employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, national qualified intermediaries, including those supporting increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Administrator. ``(iii) Priority industry recognized apprenticeable occupations.--In establishing frameworks under clause (i) for the first time after the effective date of the National Apprenticeship Act of 2021, the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in- demand industry sectors and occupations. ``(D) Regulations.--Not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, the Secretary shall issue regulations that outline a process for proactively establishing and approving standards and requirements for apprenticeable occupations in consultation with the industry sector leaders and experts described in subparagraph (C)(ii). ``(6) Program oversight and evaluation.--The Administrator shall-- ``(A) monitor State apprenticeship agencies, State Offices of Apprenticeship, grantees, and sponsors of programs under the national apprenticeship system to ensure compliance with the requirements of this Act; ``(B) provide technical assistance to assist such entities with such compliance or program performance; and ``(C) conduct research and evaluation in accordance with subtitle C. ``(7) Promoting diversity in the national apprenticeship system.--The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- ``(A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high- wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; ``(B) ensuring programs under the national apprenticeship system-- ``(i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); ``(ii) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and ``(iii) are subject, for any violation of clauses (i) or (ii), to enforcement action under this Act; and ``(C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. ``(8) Grant awards.--The Administrator shall award grants under title II. ``(9) National advisory committee.--The Administrator shall-- ``(A) regularly consult with the National Advisory Committee on Apprenticeships under section 112; and ``(B) ensure that the required recommendations and other reports of the Advisory Committee are submitted to the Secretary and transmitted to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(10) Coordination.--The Administrator shall coordinate and align programs under the national apprenticeship system with related Federal programs. ``(c) Information Collection and Dissemination.--The Administrator shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including-- ``(1) not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, grantees under title II, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that-- ``(A) is developed and maintained by the Administrator, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); ``(B) best meets the needs of the national apprenticeship system stakeholders reporting data to the Administrator or State apprenticeship agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and ``(C) is aligned with data from the performance reviews under section 131(b)(1)(A); ``(2) providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including-- ``(A) information on program offerings under the national apprenticeship system based on geographical location and apprenticeable occupation; ``(B) information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings; ``(C) information about the educational and occupational credentials and related competencies of programs under such system; and ``(D) information based on the most recent data available to the Office that is consistent with national standards and practices. ``SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS. ``(a) Establishment.-- ``(1) In general.--There is established, in the Department of Labor, a National Advisory Committee on Apprenticeships. ``(2) Composition.-- ``(A) Appointments.--The Advisory Committee shall consist of 27 voting members described in subparagraph (B) appointed by the Secretary. ``(B) List of individuals.--The individuals described in this subparagraph are-- ``(i) 9 representatives of employers or industry associations who participate in an apprenticeship program (at least 1 of which represents a women, minority, or veteran-owned business), including representatives of employers representing nontraditional apprenticeship industries or occupations, and other high-skill, high-wage, or in-demand industry sectors or occupations, as applicable; ``(ii) 9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor- management organization and from nontraditional apprenticeship industries or occupations), at least 1 of which represent employees primarily in the building trades and construction industry; ``(iii) 1 representative of each from-- ``(I) a State apprenticeship agency; ``(II) a State or local workforce development board with significant expertise in supporting a program under the national apprenticeship system; ``(III) a community organization with significant expertise supporting such a program; ``(IV) an area career and technical education school or local educational agency; ``(V) a State apprenticeship council; ``(VI) a State or local postsecondary education and training providers that administers, or has not less than 1 articulation agreement with an entity administering, a program under the national apprenticeship system; ``(VII) a provider of an industry- recognized credential; ``(VIII) a national qualified intermediary, including a national qualified intermediary that supports increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations; and ``(IX) a program participant. ``(C) Ex officio nonvoting members.--The Advisory Committee shall consist of ex officio nonvoting members from each of the following departments, selected by the applicable Secretary-- ``(i) the Department of Labor; ``(ii) the Department of Commerce; ``(iii) the Department of Education; ``(iv) the Department of Energy; ``(v) the Department of Housing and Urban Development; ``(vi) the Department of Transportation; ``(vii) the Department of Veterans Affairs; ``(viii) the Department of Health and Human Services; ``(ix) the Department of Justice; and ``(x) the Department of Defense. ``(D) Recommendations.--The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate may each recommend to the Secretary an individual described in clause (i) or (ii) of subparagraph (B) for appointment under subparagraph (A) who shall be subject to the requirements of paragraph (3). ``(3) Qualifications.--An individual shall be selected under paragraph (1) on the basis of the experience and competence of such individual with respect to programs under the national apprenticeship system. ``(4) Terms.-- ``(A) In general.--Each voting member of the Advisory Committee shall be appointed for a term of 4 years, except as provided in subparagraphs (B) through (D). ``(B) Terms of initial appointees.-- ``(i) In general.--The appointments of the initial members of the Advisory Committee shall be made not later than 90 days after the effective date of the National Apprenticeship Act of 2021. ``(ii) Staggering of terms.--As designated by the Secretary at the time of the appointment, of the members first appointed-- ``(I) half of such members shall serve a 2-year term; and ``(II) half of such members shall serve a 4-year term. ``(C) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made, except that such appointment shall be made not later than 90 days after the date of the vacancy. A member who fulfilled a partial term as the result of a vacancy may, at the end that term, be appointed to a full term. ``(D) Multiple terms.--A voting member of the Advisory Committee may serve not more than 2 full terms on the Advisory Committee. ``(b) Chairperson.--The Advisory Committee members shall designate by vote one of the voting members described in subsection (a)(2)(A) of the Advisory Committee to serve as Chairperson of the Advisory Committee. ``(c) Meetings.-- ``(1) In general.--The Advisory Committee shall meet at the call of the Chairperson and hold not fewer than 4 meetings during each calendar year. ``(2) Open access.--All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection within 30 days of the meeting. ``(d) Duties.--The Advisory Committee shall, at a minimum-- ``(1) advise, consult with, and make recommendations to the Administrator on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act; ``(2) annually prepare a set of recommendations for the Administrator, to be shared with the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, to improve the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B; ``(3) make recommendations on expanding participation of nontraditional apprenticeship populations in programs under the national apprenticeship system; and ``(4) review apprenticeable occupations and, based on reviews of labor market trends and changes, make recommendations to the Administrator on whether to-- ``(A) make updates to apprenticeable occupations under section 111(b)(5)(A); or ``(B) convene sector leaders and experts under section 111(b)(5)(C) for the establishing specific frameworks of industry recognized occupational standards. ``(e) Personnel.-- ``(1) Compensation of members.-- ``(A) In general.--A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee. ``(B) Officers or employees of the united states.-- Members of the Advisory Committee who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Advisory Committee. ``(2) Staff.--The Secretary shall supply the Advisory Committee with an executive Secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to carry out the duties described in subsection (d). ``(3) Data requests.--The Advisory Committee through its Chairperson may request data from the Secretary as determined necessary by the Advisory Committee to carry out its functions as described in this section. ``(f) Permanent Committee.--The Federal Advisory Committee Act (5 U.S.C. App.) (other than section 14 of such Act) shall apply to the Advisory Committee. ``SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF APPRENTICESHIP. ``(a) Recognition of State Apprenticeship Agencies.-- ``(1) In general.--The Administrator shall recognize a State agency as a State apprenticeship agency in accordance with this section and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B. ``(2) Application.--A State desiring to have a State agency recognized as a State apprenticeship agency under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(A) the initial State plan described in subsection (c)(2)(A)(i); ``(B) a description of how the State apprenticeship agency will meet the State plan requirements of subsection (c); and ``(C) a description of the linkages and coordination of the State's proposed standards, criteria, and requirements with the State's economic development strategies and workforce development system and the State's secondary, postsecondary, and adult education systems. ``(3) Review and recognition.-- ``(A) In general.--Not later than 90 days after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under this section. ``(B) Duration of recognition.-- ``(i) Duration.--The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A). ``(ii) Notification.-- ``(I) In general.--The Secretary shall notify a State apprenticeship agency not later than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section. ``(II) Compliance.--In the case of a State apprenticeship agency that is in compliance with this section, the agency's recognition under this section shall be renewed for an additional 4- year period and the notification under subclause (I) shall include notification of such renewal. ``(III) Noncompliance.--In the case of a State apprenticeship agency that is not in compliance with this section, the notification shall-- ``(aa) specify the areas of noncompliance; ``(bb) require corrective action; and ``(cc) offer technical assistance. ``(iii) Renewal after correction.--If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days of notification of noncompliance, the State apprenticeship agency's recognition under this section shall be renewed for an additional 4- year period. ``(C) Transition period for state agencies.-- ``(i) In general.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2). ``(ii) Transition period.--A State agency described in clause (i) shall be recognized as a State apprenticeship agency under this section for a 4-year period beginning on the date on which the Secretary approves the application submitted by the State agency under paragraph (2). ``(b) Authority of a State Apprenticeship Agency.-- ``(1) In general.--For the period during which a State apprenticeship agency is recognized under subsection (a) and to maintain such recognition, the State apprenticeship agency shall carry out the requirements of this Act. ``(2) Program recognition.--With respect to a State with a State apprenticeship agency, the State apprenticeship agency shall have sole authority to recognize and register a pre- apprenticeship, youth apprenticeship, or apprenticeship program in such State, which shall include-- ``(A) determining whether such program is in compliance with the standards for such program under section 122; ``(B) in the case of such a program that is in compliance with such standards, recognizing the program and providing a certificate of recognition for such program; ``(C) providing technical assistance to current or potential sponsors; and ``(D) in the case of such a program that fails to meet the requirements of this Act, providing for the withdrawal of recognition of the program in accordance with section 131(b). ``(3) State apprenticeship council.-- ``(A) In general.--A State apprenticeship agency shall establish and continue to use a State apprenticeship council, which shall operate in compliance with the requirements of this Act under the direction of the State apprenticeship agency. ``(B) Composition.--A State apprenticeship council may be regulatory or advisory in nature, and shall-- ``(i) be composed of persons familiar with apprenticeable occupations; and ``(ii) be fairly balanced, with an equal number of-- ``(I) representatives of employer organizations, including from nontraditional apprenticeship industries or occupations; ``(II) representatives of labor organizations or joint labor-management organizations, including from nontraditional apprenticeship industries or occupations; and ``(III) public members; and ``(iii) to the extent practicable, have not less than 1 member who is a member of the State workforce board. ``(C) Special rule.--A State apprenticeship council shall not be eligible for recognition as a State apprenticeship agency. ``(c) State Plan.-- ``(1) In general.--For a State apprenticeship agency to be eligible to receive allotments under subsection (f) and to be recognized under this section, the State apprenticeship agency shall submit to the Secretary a State plan that meets the requirements of this subsection. ``(2) Approval of state plan.-- ``(A) Submission.-- ``(i) Initial plan.--The first State plan of a State apprenticeship agency shall be submitted to the Administrator not later than 120 days prior to the commencement of the first full program year of the State apprenticeship agency, which shall include-- ``(I) a description of any State laws, policies, or operational procedures relating to the process of recognizing programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act; ``(II) an assurance that the State will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in subclause (I) that occur after the date of submission of such plan; and ``(III) an assurance that the State will make available on a publicly available website a description of any laws (including regulations), policies, and operational procedures relating to the process of recognizing programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act. ``(ii) Subsequent plans.--Except as provided in clause (i), a State plan shall be submitted to the Administrator not later than 120 days prior to the end of the 4-year period covered by the preceding State plan. ``(B) Approval.--A State plan shall be subject to the approval of the Administrator and shall be considered to be approved at the end of the 90-day period beginning on the date that the plan is submitted under this paragraph, unless the Administrator, during the 90-day period, provides the State apprenticeship agency, in writing-- ``(i) an explanation for why the State plan is inconsistent with the requirements of this Act; and ``(ii) an opportunity for an appeal of such determination to an Administrative Law Judge for the Department of Labor not later than 30 days after receipt of the notice of denial from the Administrator. ``(C) Modifications.-- ``(i) Modifications.--At the end of the first 2-year period of any 4-year State plan, the State may submit modifications to the State plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the State plan. ``(ii) Approval.--A modified State plan submitted for review under clause (i) shall be subject to the approval requirements described in subparagraph (B). ``(3) Technical assistance.--Each State Plan shall describe how the State apprenticeship agency will provide technical assistance for-- ``(A) potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for the purposes of recruitment, retention, program development, expansion, or implementation, including supporting remote or virtual learning or training, as necessary; ``(B) sponsors of programs registered in the State, including sponsors that are not meeting performance goals under subtitle C, for purposes of assisting sponsors in meeting or exceeding such goals; and ``(C) sponsors of programs registered in that State for purposes of assisting such sponsors in achieving State goals in diversity and equal opportunity in apprenticeships in accordance with paragraph (5). ``(4) Reciprocity.--Each State plan shall describe how the State apprenticeship agency, in the case of a program recognized by a registration agency in another State, shall recognize such program in the State of such agency for purposes of this Act by not later than 30 days after receipt of an application for such recognition from a program sponsor, as long as such program meets the wage and hour provisions of the State granting reciprocity. ``(5) Promoting diversity in the national apprenticeship system.--Each State plan shall include a plan for how the State apprenticeship agency will-- ``(A) promote diversity in apprenticeable occupations offered throughout the State, and a description of how such agency will promote the addition of apprenticeable occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship occupations and sectors; and ``(B) promote diversity and equal opportunity in programs under the national apprenticeship system by uniformly adopting and implementing the requirements of subparagraphs (B) and (C) of section 111(b)(7). ``(6) Complaints.-- ``(A) In general.--Subject to subparagraph (B), each State plan shall include a description of the system for the State apprenticeship agency to receive and resolve complaints submitted by program participants, the program participant's authorized representative, sponsors, employers, or nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements under this Act. ``(B) Collective bargaining agreements.--Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (5)(B) shall be subject to such system. ``(7) State apprenticeship hubs.--Each State plan shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that shall work with industry and sector partnerships to expand programs under the national apprenticeship system, and apprenticeable occupations, in the State. ``(8) State apprenticeship performance outcomes.--Each State plan shall-- ``(A) in coordination with the Administrator, establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described-- ``(i) in subparagraph (A) of section 131(b)(1); and ``(ii) in subparagraph (B)(ii) of section 131(b)(1); and ``(B) describe how the State apprenticeship agency will collect performance data from programs registered by the agency; and ``(C) annually report on the outcomes of each such program in relation to the State established goals under subparagraph (A). ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). ``(10) Alignment of workforce activities.--Each State plan shall include a summary of State-supported workforce development activities (including education and training) in the State, including-- ``(A) a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); ``(B) the degree to which the programs under the national apprenticeship system in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and ``(C) a description of how apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(11) State strategic vision.--Each State plan shall include a summary of the State's strategic vision and set of goals for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the programs registered by the State apprenticeship agency in the State will help to meet such goals. ``(12) Strategy for any joint planning, alignment, coordination, and leveraging of funds.--Each State plan shall provide a description of the State apprenticeship agency's strategy for joint planning, alignment, coordination, and leveraging of funds-- ``(A) with the State's workforce development system, to achieve the strategic vision and goals described in paragraph (11), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B)); ``(B) for programs under the national apprenticeship system in the State with other Federal education programs, including programs under-- ``(i) the Elementary and Secondary Education Act of 1965; ``(ii) the Individuals with Disabilities Education Act; ``(iii) the Carl D. Perkins Career and Technical Education Act of 2006; and ``(iv) the Higher Education Act of 1965; and ``(C) to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under-- ``(i) section 6(d) of the Food and Nutrition Act of 2008; ``(ii) subsection (c)(1) of section 3672 of title 38, United States Code; ``(iii) section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541); and ``(iv) the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. ``(13) State apprenticeship council.--Each State plan shall provide for a description of the composition, roles, and responsibility of the State apprenticeship council, and how the Council will comply with the requirements of subsection (b)(3). ``(d) State Apprenticeship Agency Funding.--A State apprenticeship agency shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according to the following requirements: ``(1) Program administration.--The State apprenticeship agency shall use such funds to support the administration of programs under the national apprenticeship system across the State, including for-- ``(A) staff and resources; ``(B) oversight and evaluation as required under this Act; ``(C) technical assistance to program sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries; ``(D) pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for-- ``(i) engaging potential providers of such programs such as employers, qualified intermediaries, related instruction providers, and potential program participants; ``(ii) publicizing apprenticeship opportunities and benefits; and ``(iii) engaging State workforce and education systems for collaboration and alignment across systems; ``(E) supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including the requirement of designating a certifying official; and ``(F) supporting the retention and completion of program participants in such programs, such as by assisting with the costs-- ``(i) related to enrolling in such programs; or ``(ii) of assessments related to obtaining a recognized postsecondary credential. ``(2) Educational alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State education system to provide technical assistance and best practices regarding-- ``(A) alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals; ``(B) alignment of related instruction provided under the national apprenticeship system in the State with academic credit granting postsecondary programs (including developing career pathways, articulation agreements, and prior learning assessments); and ``(C) the joint planning, alignment, coordination, and leveraging of funds described in subparagraphs (B) and (C) of subsection (c)(12). ``(3) Workforce alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State workforce development system to provide technical assistance and best practices regarding-- ``(A) alignment with the State's workforce activities and strategic vision in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of paragraph (12) of subsection (c); ``(B) guidance for training staff of the workforce development system, including the vocational rehabilitation agencies, within the State on the value of programs under the national apprenticeship system as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under subtitle C of title I of such Act and YouthBuild under section 171 of such Act; ``(C) providing a list of programs under the national apprenticeship system that are offered in the State, including in the State's high-skill, high-wage, or in-demand industry sectors or occupations; ``(D) alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and technical assistance in how individual training accounts under section 134(c)(3) of such Act could be used to pay for the costs of enrolling and participating in programs under the national apprenticeship system; ``(E) partnerships with State or local workforce development boards, State workforce agencies, and one- stop centers and one-stop operators that assist program participants in accessing supportive services to support-- ``(i) the recruitment, retention, and completion of programs under the national apprenticeship system; ``(ii) transitions from youth apprenticeships and pre-apprenticeships to apprenticeship programs; and ``(iii) the placement into employment or further education upon program completion; and ``(F) expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act to include programs under the national apprenticeship system in the State (29 U.S.C. 3152(d)). ``(4) Leadership activities.-- ``(A) In general.--A State apprenticeship agency may reserve not more than 15 percent of the funds received under subsection (f) in support of State apprenticeship initiatives described in this paragraph. ``(B) Diversity.--Not less than 5 percent of the amount reserved under subparagraph (A) shall be used by the State apprenticeship agency for supporting and expanding diversity in apprenticeable occupations under the national apprenticeship system in the State and program participant populations in the State. ``(C) Incentives for employers.--A State apprenticeship agency may use funds reserved under subparagraph (A) to incentivize employers to participate in programs under the national apprenticeship system, such as costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation. ``(D) State-specific initiatives.--A State apprenticeship agency may use funds reserved under subparagraph (A) for State-specific initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations. ``(5) State match for federal investment.-- ``(A) In general.--Except in the case of exceptional circumstances, as determined by the Administrator, in order to receive a full allotment under subsection (f), a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment. ``(B) Transition period.--The requirement under this paragraph shall take effect with respect to a State apprenticeship agency on the date that is 1 day after the date on which the transition period for such agency under subsection (a)(3)(C)(ii) ends. ``(e) Derecognition of State Apprenticeship Agencies.-- ``(1) In general.--The Secretary may withdraw recognition of a State apprenticeship agency before the end of the agency's 4-year recognition period under subsection (a)(2)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph (2), and has not been in compliance with the performance improvement plan under paragraph (3) to remedy such failure. ``(2) Derecognition criteria.--The recognition of a State apprenticeship agency under this section may be withdrawn under paragraph (1) in a case in which the State apprenticeship agency fails to-- ``(A) adopt or properly enforce a State plan; ``(B) properly carry out its role as the sole registration agency in the State; ``(C) submit a report under section 131(b)(1)(B) for any program year; ``(D) meet the State levels of performance as described in subsection (c)(8)(A) or demonstrate improvements in performance for 3 consecutive program years; or ``(E) otherwise fulfill or operate in compliance with the requirements of this Act. ``(3) Derecognition process.-- ``(A) In general.--If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan. ``(B) Reduction of funds.--Except in the case of exceptional circumstances as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)-- ``(i) the percentage of the funds to be allotted to the State apprenticeship agency under subsection (f) for each fiscal year following the fiscal year in which such failure has been identified shall be reduced by 5 percentage points; and ``(ii) the Administrator shall provide notice to the State apprenticeship agency that the agency's recognition under this section may be withdrawn if the agency fails to remedy the failure. ``(C) Termination of proceedings.--If the Administrator determines that the State apprenticeship agency's corrective action under subparagraph (A) has addressed the agency's failure identified under paragraph (2), the Administrator shall-- ``(i) restore the agency's full funding allocation under this title for the next full fiscal year; and ``(ii) notify the State apprenticeship agency that the agency's recognition will not be withdrawn under this section for the reason for which the agency's funding under this title was most recently reduced. ``(D) Opportunity for hearing.-- ``(i) In general.--In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph (2), the Administrator shall-- ``(I) notify, in writing, the State apprenticeship agency of the failure of the State apprenticeship agency, including a description of such failure and an explanation that the agency's recognition under this section may be withdrawn as a result of such failure; and ``(II) offer the State apprenticeship agency an opportunity to request a hearing not later than 30 days after the date of such notice. ``(ii) Referral to office of administrative law judges.--In a case in which the State apprenticeship agency requests a hearing under clause (i)(II), the Administrator shall refer the matter to the Office of Administrative Law Judges for a recommended decision by the Administrative Review Board for final agency action. ``(4) Requirements regarding withdrawal of recognition.-- ``(A) Office of apprenticeship.-- ``(i) Prior to order.--Prior to the withdrawal of the recognition of a State apprenticeship agency under this section, the Administrator shall-- ``(I) provide to the State apprenticeship agency an order withdrawing recognition of such agency under this section; and ``(II) establish a State Office of Apprenticeship; and ``(ii) After order.--Not later than 30 days after the date of such order, provide notification of the withdrawal to the sponsors of the programs under the national apprenticeship system in such State that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)). ``(B) State apprenticeship agency requirements.--A State agency whose recognition as a State apprenticeship agency under this section has been withdrawn under paragraph (3) shall-- ``(i) provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the State's programs under the national apprenticeship system in the State; ``(ii) cooperate fully during the transition period beginning on the date of the order withdrawing such recognition and ending on the date on which the Administrator establishes a State Office of Apprenticeship in the State; and ``(iii) return any unused funds received under this Act. ``(5) Reinstatement of recognition.--A State apprenticeship agency that has had its recognition withdrawn under this section may have such recognition reinstated upon presentation of adequate evidence that the State apprenticeship agency has-- ``(A) submitted an application under subsection (a)(2); and ``(B) demonstrated the ability to operate in compliance with the requirements of this Act. ``(f) Reservation and State Allotments.-- ``(1) State allotments.-- ``(A) In general.--Of the amount appropriated under subsection (g) for a fiscal year-- ``(i) 33 \1/3\ percent shall be equally distributed among each State Office of Apprenticeship, outlying area, and eligible State; and ``(ii) 66 \2/3\ percent shall be allotted to eligible States on the basis described in subparagraph (B). ``(B) Formula.-- ``(i) In general.--Of the amount available under subparagraph (A)(ii)-- ``(I) 25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis; ``(II) 25 percent shall be allotted on the basis of the relative share of program participants who have completed a program under the national apprenticeship system in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and ``(III) 50 percent shall be allotted on the basis described in clause (ii). ``(ii) Allotments based on bls and acs data.--Of the amount available under clause (i)(III)-- ``(I) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States; ``(II) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals living below the poverty line in each eligible State, compared to the total number of individuals living below the poverty line in all eligible States; and ``(III) 33\1/3\ percent shall be allotted on the basis of the relative number of unemployed individuals in each eligible State, compared to the total number of unemployed individuals in all eligible States. ``(2) Definitions.--In this subsection-- ``(A) Eligible state.--The term `eligible State' means a State (as defined in section 2) that has a State apprenticeship agency. ``(B) Poverty line.--The term `poverty line' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(C) Unemployed individual.--The term `unemployed individual' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for fiscal year 2022; ``(2) $85,000,000 for fiscal year 2023; ``(3) $95,000,000 for fiscal year 2024; ``(4) $105,000,000 for fiscal year 2025; and ``(5) $115,000,000 for fiscal year 2026. ``SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION. ``(a) In General.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall-- ``(1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and ``(2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement. ``(b) Alignment for Youth Apprenticeships.--In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide-- ``(1) information and resources to-- ``(A) parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school; and ``(B) school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and ``(2) technical assistance on how to-- ``(A) align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements; ``(B) offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)); ``(C) facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and ``(D) align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(c) Apprenticeship College Consortium.--In order to support the establishment of a college consortium of postsecondary educational institutions, including minority serving institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will-- ``(1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system; ``(2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act; ``(3) require all participants of the apprenticeship college consortium to enter into agreements to-- ``(A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; ``(B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and ``(C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; ``(4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), for related instruction for programs under the national apprenticeship system; ``(5) provide to consortium participants or potential participants information regarding-- ``(A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium; ``(B) information on how to develop an apprenticeship program; ``(C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and ``(D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and ``(6) support information regarding the apprenticeship consortium being made available on a publicly accessible website, including-- ``(A) a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and ``(B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. ``(d) Best Practice Development and Sharing.-- ``(1) Dissemination.--Such interagency agreement shall require that the Secretaries disseminate information on the value of programs under the national apprenticeship system, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint labor-management organizations (including those representing teachers). ``(2) Clearinghouse.--Such agreement shall require the Secretaries to create a clearinghouse of best practices-- ``(A) for improving performance and increasing alignment of education and programs under the national apprenticeship system, including career pathways; and ``(B) publicly disseminate information and resources on-- ``(i) replicable related instruction and on-the-job learning; and ``(ii) how to build an understanding of apprenticeship opportunities available to students. ``(e) Data Sharing Agreement.--The Secretaries shall disseminate best practices for the alignment of education records and records of programs under the national apprenticeship system, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program. ``(f) Secretaries Defined.--In this section, the term `Secretaries' means the Secretary of Labor and the Secretary of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS. ``For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Administrator that demonstrates that such apprenticeable occupation is in-demand and will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall-- ``(1) meet the industry-recognized occupational standards under section 111(b)(5)(C); or ``(2) involve the progressive attainment of skills, competencies, and knowledge that are-- ``(A) clearly identified and commonly recognized throughout the relevant industry or occupation; ``(B) customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job supervised learning and related instruction to supplement such learning; and ``(C) offered through a time-based, competency- based, or hybrid model as described in section 122(b)(1)(E). ``SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) In General.--The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices, pre-apprentices, and youth apprentices. ``(b) Apprenticeship Program Standards.--In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards: ``(1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: ``(A) The employment and training to be received by each apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the apprentice; ``(iii) a description of the mentoring that will be provided to the apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which-- ``(i) for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency; ``(ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; ``(iii) shall be provided by one or more qualified instructors that-- ``(I)(aa) meet technical instructor requirements of the applicable education agency in the State of registration; or ``(bb) are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and ``(II) have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction; ``(iv) where appropriate and to the extent practicable, shall be aligned to a career pathway; and ``(v) where appropriate and to the extent practicable, incorporate the principles of universal design for learning under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is-- ``(i) consistent with measurable skill gains; and ``(ii) ensures the entry wage is not less than the greater of-- ``(I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or ``(II) the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements. ``(E) The term of the apprenticeship program, which may be measured using-- ``(i) a time-based model, which requires the completion of the industry standard for on- the-job learning hours, which in no case shall be less than a cumulative 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor from a nontraditional apprenticeship industry or occupation as of the date of the enactment of the National Apprenticeship Act of 2021 that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency; ``(ii) a competency-based model, which requires the attainment of competency in the occupation; or ``(iii) a hybrid model, which blends the time-based and competency-based approaches. ``(F) The methods used to measure an apprentice's skills and competencies, which may include an initial diagnostic assessment or assessment of credentials that verify an individual's foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include-- ``(i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice's completion of the required hours of on-the-job learning as described in a work process schedule; or ``(ii) in the case of a competency-based model described in subparagraph (E)(ii), the individual apprentice's successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on- the-job learning component of the apprenticeship; ``(iii) in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in subparagraph (E)(i) and a work process schedule. ``(2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans' service- acquired skills and experiences. ``(3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years. ``(4) In the case of a program that chooses to issue an interim credential, the program-- ``(A) clearly identifies each interim credential; ``(B) only issues an interim credential for recognized components of an apprenticeable occupation and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and ``(C) establishes the process for assessing an individual apprentice's demonstration of competency and measurable skill gains associated with the particular interim credential. ``(c) Pre-Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards: ``(1) The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b) and prepare them to enter and succeed in such an apprenticeship programs, including by providing the skills and competency attainment needed to enter the apprenticeship program. ``(2) The program-- ``(A) is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program; ``(B) demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program; ``(C) demonstrates evidence of sufficient demand in an apprenticeship program at the completion of a pre- apprenticeship program to support a transition from a pre-apprenticeship to an apprenticeship; and ``(D) demonstrates partnerships with qualified intermediaries, community-based organizations, labor organizations, or joint labor-management organizations. ``(3) The program includes a written plan developed by the sponsor of the pre-apprenticeship program that is developed in consultation with the sponsor of the apprenticeship program described in paragraph (2)(A), that-- ``(A) provides for work-based learning, and paid work-based learning to the extent practicable, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations; ``(B) is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations, and the requirements of the related apprenticeship program; ``(C) to the extent appropriate and practicable, meets the related instruction requirements as described in clauses (ii) through (iv) of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and ``(D) includes mentoring, career exposure, career planning, and career awareness activities. ``(d) Youth Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards: ``(1) The program is designed for youth apprentices who at the start of the program are enrolled in high school. ``(2) The program includes each of the following core elements: ``(A) The employment and training to be received by each youth apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the- job training or in an experiential setting; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the youth apprentice; ``(iii) a description of the mentoring that will be provided to the youth apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the youth apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and-- ``(i) is, to the extent practicable, aligned with high school diploma requirements and career clusters; and ``(ii) meets the additional requirements as described in subsection (b)(1)(C). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice. ``(E) The term of the youth apprenticeship program, as described in subsection (b)(1)(E). ``(F) For a competency-based or hybrid youth apprenticeship program, the methods used to measure skill acquisition for a youth apprentice, including ongoing assessment against established skill and competency standards as described in subsection (b)(1)(F). ``(G) Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. ``(3) The program equally grants advanced standing or credit to all individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills. ``(4) In the case of a youth apprenticeship program that chooses to issue an interim credential, the program meets the requirements of subsection (b)(4). ``(e) General Requirements.--Each program under the national apprenticeship system shall meet the following standards: ``(1) The program-- ``(A) has adequate and safe equipment, environments, and facilities for training and supervision; ``(B) provides safety training on-the-job and in related instruction as applicable by the apprenticeable occupation; and ``(C) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. ``(2) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. ``(3) The program provides-- ``(A) all individuals with an equal opportunity to participate in the program as described in subparagraphs (B) and (C) of section 111(b)(7); and ``(B) materials that conform with accessibility standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), such as materials that conform with the most recent Web Content Accessibility Guidelines. ``(4) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential. ``(5) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program. ``(6) The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence- informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and consistent with provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements. ``SEC. 123. APPRENTICESHIP AGREEMENTS. ``(a) In General.--To ensure the standards described in section 122 are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall-- ``(1) be the same for each program participant; ``(2) contain the names and signatures of the program participant and the sponsor; ``(3) meet the requirements of subsection (b); and ``(4) be submitted to the registration agency in accordance with section 124 by the program sponsor. ``(b) Standards.--Each agreement under subsection (a) shall contain, explicitly or by reference, program standards under section 122, including-- ``(1) in the case of an apprenticeship program-- ``(A) that is time-based, a statement of the number of hours to be spent by the program participant in on- the-job learning and on-the-job training in order to complete the program; ``(B) that is competency-based, a description of the skill sets to be attained by completion of the program, including the on-the-job learning and work components; or ``(C) that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the- job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program; ``(2) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur for participating in the program (such as for equipment, related instruction, or assessment or licensure fees), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; ``(3) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; ``(4) for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and ``(5) demonstration of commitment to and compliance with subparagraphs (B) and (C) of section 111(b)(7). ``SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) Program Registration Application.--In order to bring together employers and labor for the formulation of programs under the national apprenticeship system, the Administrator shall provide for the registration of programs in which a sponsor applying to register a program under the national apprenticeship system shall request registration of such program from a registration agency by submitting the information required by the registration agency, including-- ``(1) information demonstrating that each of the requirements of section 122 will be met for the program; ``(2) a copy of the apprenticeship agreement described in section 123 used by the sponsor; ``(3) a written assurance that, if the program is registered under this Act, the sponsor will administer the program in accordance with the requirements of this Act and comply with the requirements of the apprenticeship agreement for each apprentice; and ``(4) methods the program sponsor will use to report data describing outcomes associated with the program as required by the registration agency-- ``(A) on an annual basis for any program sponsor with fewer than 5 program participants; or ``(B) on a quarterly basis for any program sponsor with 5 or more program participants. ``(b) Recognition and Registration Process.-- ``(1) Review and approval process.-- ``(A) Provisional approval review.--An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program's compliance and registration to operate such program. ``(B) Full approval or extended provisional approval.--By the end of a provisional registration period for a program, the registration agency providing provisional approval under subparagraph (A) shall review the program for quality and for compliance with the applicable standards under this subtitle and all other applicable program requirements under this Act, and-- ``(i) if a registration agency conducting a provisional review determines that the program complies with the standards and requirements under this Act, the registration agency shall fully approve the registration of the program; or ``(ii) if a registration agency conducting a provisional review determines that the program is not conforming to the requirements or standards under this Act, the registration agency may continue the provisional registration of the program through the first full training cycle for program participants, and conduct an additional provisional review at the conclusion of the training cycle. ``(C) Failure to meet requirements.--If, after an initial provisional review under subparagraph (A), a registration agency conducting such provisional review determines that the program is not in operation or does not conform to the requirements under this Act, the registration agency shall recommend technical assistance and corrective action for the program, or deregistration, in accordance with procedures established under subsections (b) and (c) of section 131. ``(2) Certificate of registration.-- ``(A) In general.--A registration agency that registers a program under paragraph (1) shall-- ``(i) provide the sponsor of the program with a certificate of registration or other written evidence of registration; and ``(ii) provide a copy of the certificate of registration to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans' use of supplemental educational assistance benefits. ``(B) Registration name.--A program shall be registered in the name of the sponsor, or if a sponsor enters into a partnership with an employer who registers the program, in the name of the employer. ``(3) Program participant registration.--A sponsor providing a program that is registered in accordance with paragraph (2) shall provide to an individual seeking to be a program participant the opportunity to apply through the sponsor, and shall-- ``(A) enter into a written individual apprenticeship agreement described in section 123 with each such individual before the commencement of the program; and ``(B) individually register each program participant with the registration agency by filing a copy of the individual apprenticeship agreement with the registration agency or as otherwise required by the registration agency, and sharing a copy with the Administrator as appropriate, as described under section 123(a)(4). ``(4) Transition process for previously approved programs.--With respect to a program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2021, the registration agency shall take such steps as necessary to-- ``(A) in the case of a program that meets of the requirements of this Act, maintain the status of the sponsor of the program as of the date before such date of enactment as the sponsor of such program under this Act; and ``(B) in the case of a program that does not meet the requirements of this Act, provide technical assistance to the sponsor of such program to ensure that the sponsor is in compliance with this Act not later than 3 years after the date of enactment of the National Apprenticeship Act of 2021. ``(c) Modifications or Changes to Youth Apprenticeship, Pre- Apprenticeship, or Apprenticeship Programs.-- ``(1) Sponsor proposal.--Any sponsor that wishes to modify a program, including the program's method of meeting the standards required under this Act, shall submit the proposal for such change or modification to the registration agency for the program. ``(2) Registration agency requirements.-- ``(A) In general.--The registration agency shall determine whether to approve the proposal and notify the sponsor of the determination by not later than 60 days after receipt of the proposal. ``(B) Approval of proposal.--If the proposal is approved, the registration agency shall amend the record of the program to reflect the modification or change, and provide the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval. ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. ``Subtitle C--Evaluations and Research ``SEC. 131. PROGRAM EVALUATIONS. ``(a) Purpose.--The purpose of this section is to provide program performance transparency across the programs under the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). ``(b) Reviews by Registration Agencies.-- ``(1) Performance reviews.-- ``(A) In general.--A registration agency shall-- ``(i) annually collect performance data for each program registered under section 124 by such agency to determine-- ``(I) the performance of the program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs under the national apprenticeship system; and ``(II) the completion rates of the program; and ``(ii) provide technical assistance for the collection of the information under clause (i) of this subparagraph and subparagraph (B), as necessary. ``(B) Reports.--The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that includes the following information with respect to each program registered under section 124 by such agency, including-- ``(i) information specifying the levels of performance described in subparagraph (A), as compared to goals set in section 113(c)(8)(A)(i); ``(ii) the percentage of program participants by race, sex ethnicity and, to the extent practicable, by individuals with disabilities, as compared to such percentages within the working age population who are in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into in the program; ``(iii) the percentage of program participants served by each of the programs that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(iv) the average time to completion for the program as compared to the description in the agreement under paragraphs (1) and (2) of section 123(b); ``(v) the average cost per participant during the most recent program year and the 3 preceding program years; ``(vi) the percentage of program participants who received supportive services; ``(vii) information on the State's activities required under section 113(c), including the State's uses of funds; and ``(viii) the disaggregation of the performance data described in clauses (i) through (vi)-- ``(I) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(II) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)). ``(C) Reports to congress.--Not later than 60 days after receiving a report under subparagraph (B), the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(D) Publication.--The Administrator shall annually make available on a publicly accessible website each report received under subparagraph (B) not later than 30 days after receipt of such report. ``(2) Comprehensive program reviews.-- ``(A) In general.--A registration agency shall periodically review each program registered under section 124 by such agency for quality assurance and compliance with the requirements of this Act. ``(B) Timing of reviews.--A review described in subparagraph (A) shall occur-- ``(i) at the end of the first full training cycle of program participants under the program; and ``(ii) beginning after the review described in clause (i) at least once every 5 years. ``(C) Review.--The review shall be a comprehensive review regarding all aspects of the program performance, including-- ``(i) determining whether the registration agency is receiving notification from the sponsor of a program regarding individuals who are registered as new youth apprentices, pre- apprentices, or apprentices under the program, or who successfully complete the program, as required under this Act; ``(ii) determining whether the sponsor of the program is complying with the requirements of this Act; ``(iii) evaluating the performance of the sponsor with respect to, at a minimum, the indicators described in paragraph (1)(A)(i), with the performance data disaggregated as described in paragraph (1)(B)(viii); and ``(iv) ensuring the sponsor's compliance with the requirement to provide equal opportunity in recruitment, training, and employment as described in subparagraphs (B) and (C) of section 111(b)(7). ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. ``(c) Subsequent Action.-- ``(1) Technical assistance.--The registration agency shall provide technical assistance to the sponsor and identify areas that require technical assistance, including-- ``(A) to support the sponsor in creating a plan to meet the State goals described in section 113(c)(8)(A)(ii), as applicable; and ``(B) assistance in the development of a performance improvement plan if the registration agency determines, pursuant to any review under subsection (b), that the youth apprenticeship, pre-apprenticeship, or apprenticeship program-- ``(i) is not in operation; ``(ii) is not in compliance with the requirements of this Act; or ``(iii) is achieving levels of performance on any indicators described in subsection (b)(1)(A)(i) that are lower than the State goals for any program year. ``(2) Corrective action and deregistration of an apprenticeship program.--The registration agency may take corrective action, and if warranted, deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship program, after making a determination that the program demonstrates persistent and significant failure to perform successfully, which occurs when-- ``(A) the sponsor of the program consistently fails to register at least 1 program participant; ``(B) the program shows a pattern of poor results on the indicators described in subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served, or are lower than the national or State average; ``(C) the program shows no indication of improvement in the areas identified by the registration agency and in the performance improvement plan under paragraph (1); or ``(D) the sponsor has not administered the program in accordance with the program's registration, as applicable, or with the requirements of this Act. ``(3) Notification and hearing.--If the registration agency makes a determination described in paragraph (2), the registration agency shall notify the Secretary and the sponsor of the determination in writing, and permit the sponsor to request a hearing by the Office of Administrative Law Judges. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program after the period for requesting such a hearing has expired. ``(4) Notification and treatment of apprentices.--Not later than 15 days after the registration agency deregisters a program, the sponsor or program administrator shall notify program participant-- ``(A) of such deregistration and the effective date; ``(B) that such deregistration automatically deprives the program participant of individual registration as part of such youth apprenticeship, pre- apprenticeship, or apprenticeship program, including the ability to receive a certificate of completion from the registration agency; ``(C) that the deregistration of the program removes the program participant from eligibility for any Federal financial or other assistance, or rights, privileges, or exemptions under Federal law, that-- ``(i) relates to an apprentice; and ``(ii) requires the registration agency's approval; and ``(D) that all youth apprentices, pre-apprentices, or apprentices are referred to the registration agency for information about potential transfers to other programs under the national apprenticeship system. ``SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH. ``(a) Research.--The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the programs and activities carried out under this Act and to assist in the evaluation of the programs as described in section 131. ``(b) Techniques.--The research conducted under this section shall utilize appropriate methodology and research designs. ``(c) Contents.--Such research shall address-- ``(1) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities-- ``(A) improve the skill and employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities; ``(C) respond to the needs reflected in labor market data in the local area and align with high- skill, high-wage, or in-demand industries or occupations; and ``(D) demonstrate a return on investment of Federal, State, local, sponsor, employer, and other funding for programs under the national apprenticeship system, capturing the full level of investment in, and impact of, such programs under the national apprenticeship system; ``(2) the impact of the National Apprenticeship Act of 2021 on the general effectiveness of programs under the national apprenticeship system, including the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or industry recognized apprenticeable occupations; ``(3) best practices in increasing participation of nontraditional apprenticeship populations and individuals with barriers to employment, including individuals with disabilities, in programs under the national apprenticeship system; and ``(4) opportunities to scale up effective models under the national apprenticeship system. ``(d) Reports.-- ``(1) Independent entity.--The independent entity carrying out the research shall prepare and submit to the Secretary-- ``(A) an interim report containing findings from the research; and ``(B) a final report containing the results of the research, including policy recommendations. ``(2) Reports to congress.--Not later than 60 days after receipt of the interim report and final report described in subparagraphs (A) and (B) of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(e) Public Access.--The Secretary shall make the interim and final reports available on a publicly accessible website not later than 60 days after the receipt of the interim and final report. ``Subtitle D--General Provisions ``SEC. 141. AUTHORIZATION OF APPROPRIATIONS. ``(a) Office of Apprenticeship.--There are authorized to be appropriated to carry out sections 111, 112, 131, and 132-- ``(1) $50,000,000 for fiscal year 2022; ``(2) $60,000,000 for fiscal year 2023; ``(3) $70,000,000 for fiscal year 2024; ``(4) $80,000,000 for fiscal year 2025; and ``(5) $90,000,000 for fiscal year 2026. ``(b) Interagency Agreement.--There are authorized to be appropriated to carry out section 114-- ``(1) $10,000,000 for fiscal year 2022; ``(2) $12,000,000 for fiscal year 2023; ``(3) $14,000,000 for fiscal year 2024; ``(4) $16,000,000 for fiscal year 2025; and ``(5) $18,000,000 for fiscal year 2026. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``SEC. 201. GRANT REQUIREMENTS. ``(a) Authority.-- ``(1) In general.--The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for one or more of the following purposes: ``(A) Creation and expansion activities.--To expand the offerings of programs under the national apprenticeship system-- ``(i) to create new apprenticeship programs in a nontraditional apprenticeship industry or occupation, such as for programs demonstrating demand in information technology, energy, green jobs, advanced manufacturing, health care, or cybersecurity; ``(ii) to expand existing apprenticeship programs demonstrating labor market demand; ``(iii) to create new or expand existing pre-apprenticeship programs; or ``(iv) to create new or expand existing youth apprenticeship programs. ``(B) Encouraging employer participation.--To encourage employer participation in programs under the national apprenticeship system-- ``(i) that target individuals with barriers to employment in youth apprenticeship, pre- apprenticeship, or apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, long- term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; ``(ii) that are in high-need social service-related industries, sectors, or occupations, such as direct care workers and early childhood educators; ``(iii) that target individuals currently or recently incarcerated; or ``(iv) among small- and medium-sized employers. ``(C) Intermediary grants.--If the eligible entity is a qualified intermediary-- ``(i) to support national industry and equity intermediaries in establishing or expanding sector-based partnerships to support the delivery or expansion of programs under the national apprenticeship system to significant scale in the United States-- ``(I) in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator and the Advisory Committee as targeted for expansion under the national apprenticeship system; or ``(II) for nontraditional apprenticeship populations, women, minorities, individuals with disabilities, and individuals impacted by the criminal or juvenile justice system; or ``(ii) to serve programs under the national apprenticeship system in a local or regional setting. ``(D) Educational alignment.--To strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary, postsecondary, and adult education systems, including degree and credential requirements. ``(2) Duration.-- ``(A) In general.--The Administrator shall award grants under this subsection for a period of not more than 3 years. ``(B) Extension.--The eligible entity may apply for, and the Administrator may grant, an extension of the grant period for not more than 1 additional 2-year period, if the grant recipient demonstrates to the Administrator that the recipient-- ``(i) has effectively implemented a project to achieve its stated purpose as described in subsections (e) and (f); ``(ii) has complied with the assurances as described in subsection (e)(9); and ``(iii) has improved applicable outcomes, as demonstrated through indicators referred to in section 203(a)(2). ``(b) Funding Requirements.-- ``(1) Matching funds required.--The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded under this section in an amount not less than 25 percent of the funds awarded to such recipient under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal, public, or private organizations, in cash or in kind, fairly evaluated. ``(2) Waiver.--The Administrator may waive the requirement under paragraph (1) if the entity demonstrates that exceptional circumstances prevent the entity from meeting the requirement, such as demonstrating that the entity serves a high proportion of individuals with barriers to employment, or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity. ``(c) Priority and Distribution.-- ``(1) Priority.--In awarding grants under this section, the Administrator shall give priority to an eligible entity-- ``(A) proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and ``(B) providing opportunities in high-wage, high- skill, or in-demand sectors and occupations. ``(2) Geographic distribution.--In awarding grants under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of grants, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas. ``(d) Eligible Entity.--To be eligible to apply for grants under this title, an eligible entity shall-- ``(1) demonstrate a partnership with two or more of the following: ``(A) a State or local workforce development board or State or local workforce agency; ``(B) an education and training provider, or a consortium thereof; ``(C) a State apprenticeship agency; ``(D) an Indian Tribe or Tribal organization; ``(E) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(F) a Governor; ``(G) a labor organization or joint labor- management organization; ``(H) community-based organizations that assist program participants in accessing supportive services; or ``(I) a qualified intermediary; and ``(2) to the extent practicable-- ``(A) be part of an industry or sector partnership; and ``(B) partner with a labor or joint labor- management organization. ``(e) General Application Requirements.--An eligible entity applying for a grant under this section shall submit to the Administrator a description of each of the following: ``(1) Each purpose under subsection (a) for which the applicant intends to use such grant. ``(2) Each entity with which the eligible entity is partnered or engaged under subsection (d) and the role of each such entity in carrying out activities funded under this subsection. ``(3) The ability of the applicant, directly or through partners-- ``(A) to enroll, instruct, advance, and graduate program participants served by the grant activities, and enable the participants to gain employment after program completion; ``(B) to support (including by providing technical assistance) program sponsors and employers (especially small- and medium-sized businesses) in the creation of, recruitment for, and execution of programs under the national apprenticeship system; and ``(C) to provide opportunities to rural communities, as applicable. ``(4) A labor market analysis with respect to the geographic area of service that demonstrates-- ``(A) the need to create or expand the program; and ``(B) a plan to align the activities supported by the grant with the labor market needs of high-skill, high-wage, or in-demand industry sectors or occupations. ``(5) A plan-- ``(A) to comply with requirements for an evaluation and report under section 203; ``(B) as appropriate, to coordinate activities assisted under the grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if appropriate, how funds provided under these programs will be leveraged in support of the programs supported by this grant; ``(C) to use funds awarded under this section in support of the programs supported by this grant, as described in section 202; ``(D) to continue the program after the grant period ends; and ``(E) to recruit and retain program participants for pre-apprenticeship, youth apprenticeship, and apprenticeship programs, including from nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, individuals impacted by the criminal or juvenile justice system, and individuals with barriers to employment, to ensure program participants are able to access supportive services, as applicable, and how such plan will support the eligible entity in meeting the equal opportunity requirements for diversity described in subparagraphs (B) and (C) of section 111(b)(7) and section 113(c)(5), as applicable. ``(6) For any grants expanding existing programs under the national apprenticeship system, a description of-- ``(A) a plan to coordinate the activities carried out under the grant with the existing program; and ``(B) the effectiveness of the program, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in populations served, the effectiveness of the program in increasing participant's wages and benefits, or services provided to employers and program participants. ``(7) A description of potential program participants and strategies to support the recruitment, retention, and completion of such participants, including nontraditional apprenticeship populations and individuals with barriers to employment, to the extent practicable. ``(8) A description of strategies to recruit and support employers involved in programs under the national apprenticeship system. ``(9) An assurance that the eligible entity will-- ``(A) provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out; ``(B) make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in section 203(a)(1); and ``(C) coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities. ``(f) Additional Application Requirements.--The Administrator shall require an eligible entity applying for a grant under this title to include as part of their application in subsection (e) the following information, as applicable: ``(1) Creation and expansion activities.-- ``(A) New apprenticeship programs.--An eligible entity applying to create new apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(i) shall include as part of their application a description of-- ``(i) any plans for further expansion upon development of the program; and ``(ii) employers, and to the extent practicable, labor organizations or joint labor-management organizations, engaged in the program creation and implementation. ``(B) Expanding apprenticeship programs.--An eligible entity applying to expand existing apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(ii) shall include as part of their application a description of employers engaged in the program expansion. ``(C) Creating or expanding pre-apprenticeship programs.--An eligible entity applying to create or expand pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iii) shall include as part of their application a description of-- ``(i) a partnership between the eligible entity and at least one apprenticeship program; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the pre- apprenticeship program. ``(D) Creating or expanding youth apprenticeship programs.--An eligible entity applying to create or expand youth apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iv) shall include as part of their application a description of-- ``(i) an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with existing integration into the academic content of the high school diploma requirements, or with demonstrated plans for integration of related instruction into the high school curriculum; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the youth apprenticeship program. ``(2) Encouraging employer participation.-- ``(A) Individuals with barriers to employment.--An eligible entity applying to target individuals with barriers to employment for apprenticeship, youth apprenticeship, or pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(B)(i) shall include as part of their application a description of-- ``(i) specific strategies to target both individuals with barriers to employment and employers for participation in the program; and ``(ii) partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion of the program by program participants. ``(B) High-need social service-related industries.--An eligible entity applying to offer pre- apprenticeship, youth apprenticeship, or apprenticeship programs in high-need social service-related industries, sectors, or occupations and carry out activities in accordance with subsection (a)(1)(B)(ii) shall include as part of their application a description of wages and benefits offered to program participants. ``(C) Individuals currently or recently incarcerated.--An eligible entity applying to target individuals currently or recently incarcerated and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(iii) shall include as part of their application a description of-- ``(i) a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program; ``(ii) partnerships with organizations that will assist program participants in accessing activities to improve financial literacy and supportive services; ``(iii) how the assessments used to support the placement of potential program participants into a program accurately reflect the participants' skills and competencies; ``(iv) a plan to provide information about resources to program participants to address mental health or substance abuse issues; ``(v) partnerships with organizations that support-- ``(I) the transition from incarceration to re-entry, such as assistance with housing, transportation, and legal services; and ``(II) successful completion of an apprenticeship or pre-apprenticeship program; ``(vi) wages and benefits offered to program participants that are commensurate with wages for similar work in the State or local area, as allowable; and ``(vii) alignment and necessary supports to comply with and receive the benefits of the Federal Bonding Program and the Prison Industry Enhancement Certification Program for employers participating in apprenticeship programs. ``(D) Small- and medium-sized employers.--An eligible entity applying to engage small- and medium- sized employers and carry out activities in accordance with subsection (a)(1)(B)(iv) shall include as part of their application a description of demonstrated success in engaging small- and medium-sized employers and the ability to recruit new employers to participate in related partnerships or programs, such as small businesses owned or controlled by women, minorities, or veterans. ``(3) Intermediary grants.-- ``(A) Supporting national industry and equity intermediaries.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(i) shall include as part of their application a description of the ability of such entity to convene a diverse group of industry specific stakeholders for the purposes of developing or expanding programs, including employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), and education and training providers at a national level or with national reach. ``(B) Serving programs in a local or regional setting.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(ii) shall include as part of their application a description of how such entity will-- ``(i) engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and programs in the national apprenticeship system; ``(ii) identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations; ``(iii) leverage additional resources, including funding provided by Federal and non- Federal resources; and ``(iv) provide services to program sponsors and program participants. ``(4) Educational alignment.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(D) shall include as part of their application a description of-- ``(A) a demonstration of a partnership with-- ``(i)(I) no less than three sponsors or employers; or ``(II) an industry or sector partnership; and ``(ii) at least 1 of the following-- ``(I) an educational service agency; ``(II) a high school; ``(III) a local educational agency; ``(IV) State educational agency; ``(V) an Indian Tribe, Tribal organization, Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution, as applicable; ``(VI) a postsecondary educational institution; or ``(VII) a State higher education agency; and ``(B) a commitment to establishing or expanding the alignment of the related instruction to-- ``(i) the requirements for a high school diploma, which may be fulfilled through a dual or concurrent enrollment program; or ``(ii) the requirements for a recognized postsecondary credential, including the degree requirements for an associate's or bachelor's degree. ``SEC. 202. USES OF FUNDS. ``(a) General Activities.--An eligible entity applying for any grant activity under section 201(a)(1)-- ``(1) shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre- apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, assessment or licensure fees, courses, transportation, child care, and housing; and ``(2) may use funds for any of the following activities: ``(A) To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system. ``(B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system. ``(C) To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system. ``(D) To carry out grant requirements, including program evaluation and reporting requirements. ``(E) To conduct any activities as described in the application that would advance the purposes of the grant. ``(F) To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. ``(b) Additional Uses of Funds.-- ``(1) Creation or expansion activities.-- ``(A) Apprenticeship program creation.--An eligible entity that receives funds under section 201(a)(1)(A)(i) shall use such funding to create and implement an apprenticeship program, which may include-- ``(i) creating and providing training and related instruction based on employer engagement; ``(ii) applying apprenticeship frameworks as described in section 111(b)(5)(C) to the State or local labor market and employer needs; or ``(iii) aligning the new program with existing apprenticeship programs. ``(B) Apprenticeship program expansion.--An eligible entity that receives funds under section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include-- ``(i) expanding and enhancing related instruction; ``(ii) conducting outreach to and engagement with employers for the purposes of program expansion, including creation of new or expansion of existing industry or sector partnerships; ``(iii) preparing additional instructors or mentors needed for program expansion; ``(iv) building awareness of apprenticeship program opportunities for State or local workforce development, education, and economic development entities; and ``(v) providing commensurate wages to wages for on-the-job training for program participants during related instruction, as applicable. ``(C) Pre-apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre- apprenticeship program, which may include-- ``(i) coordinating pre-apprenticeship program activities with an apprenticeship program in a high-skill, high-wage, or in- demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program; ``(ii) creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace and supporting partnerships to create opportunities for pre-apprentices to earn credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program; ``(iii) providing participants with career exploration and career planning activities and with exploration of postsecondary opportunities including apprenticeship programs; ``(iv) with respect to participants without a high school diploma or a generally recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre- apprentices or active pre-apprentices, including those that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program; ``(v) development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of a pre-apprenticeship program; ``(vi) providing commensurate wages to the linked apprenticeship program for pre- apprentices as they participate in and complete the pre-apprenticeship program, as appropriate; ``(vii) paying the cost of related instruction or assessment or licensure fees associated with the pre-apprenticeship program, as appropriate; ``(viii) creating or expanding industry or sector partnerships to support the pre- apprenticeship program and to provide additional opportunities to the pre- apprentices. ``(D) Youth apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include-- ``(i) paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials including industry-recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment; ``(ii) providing employers, and to the extent practicable, labor organizations and joint labor-management organizations, technical assistance to support the participation of youth apprentices under the age of 18; ``(iii) integrating work-based and academic learning, which may include training in the workplace; ``(iv) providing career exploration and career planning activities, including exploration of postsecondary opportunities such as apprenticeship programs; ``(v) providing technical assistance to support the participation of small- and medium- sized businesses in youth apprenticeship programs; ``(vi) developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of such a youth apprenticeship program; or ``(vii) providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships. ``(2) Incentive funds.-- ``(A) Barriers to employment.--An eligible entity that receives funds under section 201(a)(1)(B)(i) shall use such funds to encourage employer participation in programs under the national apprenticeship system that target individuals with barriers to employment, which may include-- ``(i) providing financial assistance to employers to support costs related to the programs, such as training incumbent workers for participation as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; and ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system. ``(B) High-need social service-related industries.--An eligible entity that receives funds under section 201(a)(1)(B)(ii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system in high need social service-related industries, sectors, or occupations, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors, or employees providing on-the-job training; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system; or ``(iv) aligning such program with career pathways and opportunities for advancement along such career pathways. ``(C) Individuals impacted by the justice system.-- An eligible entity that receives funds under section 201(a)(1)(B)(iii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system that target individuals impacted by the criminal or juvenile justice system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; or ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction. ``(D) In-demand industry sector or occupation grants for small- and medium-sized businesses.-- An eligible entity that receives funds under section 201(a)(1)(B)(iv) shall use such funds to encourage participation of small- and medium-sized businesses in programs under the national apprenticeship system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) providing technical assistance to small- and medium-sized businesses on the program registration process and leveraging other available funds to support carrying out programs supported by this grant; or ``(iv) establishing or expanding partnerships to support program development or expansion, including establishing or expanding industry or sector partnerships to ensure inclusion of small- and medium-sized businesses. ``(3) Intermediary grants.-- ``(A) National industry and equity intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(i) shall use such funds to carry out activities at a national and regional level to support the promotion and expansion of industry or equity intermediaries, which may include-- ``(i) creating partnerships and leveraging collaborations with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of programs under the national apprenticeship system nationwide; ``(ii) assisting employers in expanding programs, starting new programs, and working together to create a pipeline of skilled workers; ``(iii) increasing the participation and completion of nontraditional apprenticeship populations in programs under the national apprenticeship system, which may include-- ``(I) supporting the development, implementation, and scaling of plans and practices; and ``(II) identifying, developing, and disseminating effective program tools and strategies; ``(iv) providing national activities to increase awareness and access to programs, including strategic marketing and outreach, technology improvements, and innovations that make it easier for employers to start programs and for individuals to connect with program opportunities; ``(v) developing and disseminating training or related instruction associated with the program or for curriculum improvements that align with the requirements of the program and learning assessments; or ``(vi) providing industry employees or potential employees with a clear understanding of future career paths and the skills needed to succeed, along with cost effective ways of acquiring those skills through youth apprenticeship, pre-apprenticeship, or apprenticeship programs. ``(B) Local intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local or regional level to support the promotion and expansion of programs under the national apprenticeship system, which may include-- ``(i) providing training or related instruction associated with the programs or for curriculum improvements that align with the requirements of the programs and learning assessments; ``(ii) engaging with local education and training providers to support related instruction aligned with the needs of high- skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction; ``(iii) providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include the 12- month period after the conclusion of the other activities in the youth apprenticeship and pre- apprenticeship programs involved); ``(iv) providing technical assistance on the registration process for a sponsor of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(v) connecting businesses, labor organizations, or joint labor-management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(vi) providing training to employees to serve as on-the-job trainers or mentors to program participants; and ``(vii) providing career exposure, career planning, and career awareness activities. ``(4) Educational alignment grants.--An eligible entity that receives funds under section 201(a)(1)(D) shall use such funds to strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary and postsecondary education systems, including degree and credential requirements, which may include-- ``(A) creating and aligning the related instruction to requirements for a high school diploma or an associate's or bachelor's degree, including through-- ``(i) dual enrollment and credit articulation for youth apprenticeship programs; ``(ii) articulation agreements; or ``(iii) credit transfer agreements; ``(B) creating or expanding career pathways aligned with pre-apprenticeship, youth apprenticeship, or apprenticeship programs; ``(C) providing professional development for teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals to build an understanding of opportunities in the national apprenticeship system available to students and to incorporate such opportunities into academic content and offerings; ``(D) offering prior learning assessments, which may include credit for prior learning to grant advanced standing in a program under the national apprenticeship system and credit towards an associate's or bachelor's degree; ``(E) maintaining a connection between a pre- apprenticeship or youth apprenticeship program and an apprenticeship program; and ``(F) providing training for instructors or mentors. ``SEC. 203. GRANT EVALUATIONS. ``(a) Recipient Reports.--Each recipient of a grant under this section shall-- ``(1) provide for an independent evaluation of the activities carried out under this title during the grant period; ``(2) provide for an annual report and for a final report at the conclusion of the grant period, which include-- ``(A) a description of how the funds received through the grant were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C); ``(B) in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section for the grant period; ``(C) the total number of active program participants served by each of the grant programs; ``(D) the total number that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(E) the total number of program participants that completed the program in which they were enrolled; ``(F) the average time to completion for each program as compared to the program standards description under paragraphs (1) and (2) of section 123(b); ``(G) the average cost per participant during the most recent program year and the 3 preceding program years; ``(H) the percentage of participants who received support services; and ``(I) the disaggregation of performance data described in subparagraphs (A) through (H)-- ``(i) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(ii) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)); and ``(3) submit each report under paragraph (2)-- ``(A) to the registration agency; and ``(B) to the Administrator. ``(b) Administrator Evaluations.-- ``(1) In general.--The Administrator shall prepare-- ``(A) not later than 36 months after the date of enactment of the National Apprenticeship Act of 2021, an interim evaluation on the activities carried out under grants awarded under this section; and ``(B) not later than 60 months after the date of enactment of the National Apprenticeship Act of 2021, a final evaluation containing the results of the grant activities. ``(2) Contents.--Such evaluations shall address, for the activities carried out under each grant awarded under this section, the general effectiveness of the activities in relation to their cost, including the extent to which the activities-- ``(A) improve the participation in, retention in, and completion of youth apprenticeship, pre- apprenticeship, and apprenticeship programs by nontraditional apprenticeship populations; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such activities; ``(C) respond to the needs reflected in State, regional, or local labor market data; ``(D) align with high-skill, high-wage, or in- demand industries or occupations; and ``(E) reach a wide variety of industry sectors and occupations; ``(3) Reports to congress.--Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this section, the Administrator shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the interim evaluations and a report summarizing the final evaluations. ``(4) Public access.--The Administrator shall make the interim and final reports available on a publicly accessible website not later than 60 days after the completion of the interim report and the final report. ``SEC. 204. GRANT APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. SEC. 4. CONFORMING AMENDMENTS. (a) American Competitiveness and Workforce Improvement Act of 1998.--Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed. (b) Immigration and Nationality Act.--Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended-- (1) in the heading, by striking ``for job training'' and inserting ``for programs under the national apprenticeship system''; and (2) by striking ``for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998'' and inserting ``to carry out title II of the National Apprenticeship Act''. all
H.R. 447 (Referred in Senate) - National Apprenticeship Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr447rfs/html/BILLS-117hr447rfs.htm	DOC 117th CONGRESS 1st Session H. R. 447 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 25, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To amend the Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act'') and expand the national apprenticeship system to include apprenticeships, youth apprenticeships, and pre- apprenticeship registered under such Act, to promote the furtherance of labor standards necessary to safeguard the welfare of apprentices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Apprenticeship Act of 2021''. SEC. 2. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect beginning on October 1, 2021. SEC. 3. AMENDMENT. The Act of August 16, 1937 (commonly referred to as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), is amended to read as follows: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `National Apprenticeship Act'. ``(b) Table of Contents.--The table of contents for this Act is as follows: ``Sec. 1. Short title; table of contents. ``Sec. 2. Definitions. ``Sec. 3. Programs under the national apprenticeship system. ``Sec. 4. Transition provisions. ``Sec. 5. Disaggregation of data. ``Sec. 6. Relation to other laws. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``Sec. 111. The Office of Apprenticeship. ``Sec. 112. National Advisory Committee on Apprenticeships. ``Sec. 113. State apprenticeship agencies and State Offices of Apprenticeship. ``Sec. 114. Interagency agreement with Department of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``Sec. 121. Apprenticeable occupations standards. ``Sec. 122. Quality standards of programs under the national apprenticeship system. ``Sec. 123. Apprenticeship agreements. ``Sec. 124. Registration of programs under the national apprenticeship system. ``Subtitle C--Evaluations and Research ``Sec. 131. Program evaluations. ``Sec. 132. National apprenticeship system research. ``Subtitle D--General Provisions ``Sec. 141. Authorization of appropriations. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``Sec. 201. Grant requirements. ``Sec. 202. Uses of Funds. ``Sec. 203. Grant evaluations. ``Sec. 204. Grant appropriations. ``SEC. 2. DEFINITIONS. ``In this Act: ``(1) Administrator.--The term `Administrator' means the Administrator of the Office of Apprenticeship established under section 111(a). ``(2) Advisory committee.--The term `Advisory Committee' means the National Advisory Committee on Apprenticeships established under section 112. ``(3) Apprentice.--The term `apprentice' means a program participant in an apprenticeship program. ``(4) Apprenticeship agreement.--The term `apprenticeship agreement' means a written agreement under section 123 between-- ``(A) an apprentice, a youth apprentice, or a pre- apprentice; and ``(B) a sponsor. ``(5) Apprenticeship hub.--The term `apprenticeship hub' means a regional or sectoral qualified intermediary recognized by a State apprenticeship agency or a State Office of Apprenticeship as organizing and providing activities and services related to the development of programs under the national apprenticeship system. ``(6) Apprenticeable occupation.--The term `apprenticeable occupation' means an occupation that the Administrator has determined meets the requirements of section 121. ``(7) Apprenticeship program.--The term `apprenticeship program' means a program that meets the standards described in section 122(b) and is registered under this Act. ``(8) Competency.--The term `competency' means the attainment of knowledge, skills, and abilities in a subject area, as specified by an occupational skill standard and demonstrated by an appropriate written or hands-on proficiency measurement. ``(9) Department.--The term `Department' means the Department of Labor. ``(10) Education and training provider.--The term `education and training provider' means-- ``(A) an area career and technical education school; ``(B) an early college high school; ``(C) an educational service agency; ``(D) a high school; ``(E) a local educational agency or State educational agency; ``(F) a Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution; ``(G) a postsecondary educational institution; ``(H) a minority-serving institution; ``(I) a provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.); ``(J) a local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732, 741); ``(K) a related instruction provider, including a qualified intermediary acting as a related instruction provider as approved by a registration agency; ``(L) a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or ``(M) a consortium of entities described in any of subparagraphs (A) through (L). ``(11) Eligible entity.-- ``(A) In general.--The term `eligible entity' means-- ``(i) a program sponsor; ``(ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; ``(iii) an education and training provider, or a consortium thereof; ``(iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; ``(v) an Indian Tribe or Tribal organization; ``(vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(vii) a Governor of a State; ``(viii) a labor organization or joint labor-management organization; or ``(ix) a qualified intermediary. ``(B) Sponsor requirement.--Not fewer than one entity under subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. ``(12) Indian tribe; tribal organization.--The terms `Indian Tribe' and `Tribal organization' have the meaning given the terms (without regard to capitalization) in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). ``(13) Interim credential.--The term `interim credential' means a credential issued by a registration agency, upon request of the appropriate sponsor, as certification of competency attainment by a program participant during participation in a program under the national apprenticeship system. ``(14) Journeyworker.--The term `journeyworker' means a worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation. ``(15) Minority-serving institution.--The term `minority- serving institution' means an institution defined in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))). ``(16) National apprenticeship system.--The term `national apprenticeship system' means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs that meet the requirements of this Act. ``(17) Nontraditional apprenticeship population.--The term `nontraditional apprenticeship population' means a group of individuals (such as individuals from the same gender, race, or ethnicity), the members of which comprise fewer than 25 percent of the program participants in an apprenticeable occupation under the national apprenticeship system. ``(18) Nontraditional apprenticeship industry or occupation.--The term `nontraditional apprenticeship industry or occupation' refers to an industry sector or occupation that represents fewer than 10 percent of apprenticeable occupations or the programs under the national apprenticeship system. ``(19) Outlying area.--The term `outlying area' means American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Islands. ``(20) Pre-apprentice.--The term `pre-apprentice' means a program participant in a pre-apprenticeship program. ``(21) Pre-apprenticeship program.--The term `pre- apprenticeship program' means a training model or program that-- ``(A) prepares individuals for acceptance into an apprenticeship program; ``(B) meets the standards described in section 122(c); and ``(C) is registered under this Act. ``(22) Program participant.--The term `program participant' means an apprentice, a pre-apprentice, or a youth apprentice. ``(23) Qualified intermediary.-- ``(A) In general.--The term `qualified intermediary' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by-- ``(i) connecting employers to programs under the national apprenticeship system; ``(ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; ``(iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; ``(iv) providing professional development activities such as training to mentors; ``(v) supporting the recruitment, retention, and completion of potential program participants, including nontraditional apprenticeship populations and individuals with barriers to employment; ``(vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; ``(vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or ``(viii) serving as a program sponsor. ``(B) Partnerships.--The term `partnerships described in subparagraph (B)' means partnerships among entities involved in, or applying to participate in, programs under the national apprenticeship system, including-- ``(i) industry or sector partnerships; ``(ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, one-stop partners, or veterans- service organizations in the State workforce development system; or ``(iii) partnerships among one or more of the entities described in clauses (i) and (ii). ``(24) Recognized postsecondary credential.--The term `recognized postsecondary credential' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship. ``(25) Registration agency.--The term `registration agency' means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for-- ``(A) approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and ``(B) carrying out the responsibilities of supporting the youth apprenticeship, pre- apprenticeship, or apprenticeship programs registered by the registration agency. ``(26) Related instruction.--The term `related instruction' means an organized and systematic form of instruction that meets the requirements of section 122(b)(1)(C). ``(27) Related federal programs.--The term `related Federal programs' means programs or activities under the following: ``(A) The Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), including adult education and literacy activities under such Act. ``(B) The Wagner-Peyser Act (29 U.S.C. 49 et seq.). ``(C) The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). ``(D) The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(E) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). ``(F) Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). ``(G) Title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.). ``(H) The postsecondary level under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(I) Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.). ``(J) Chapter 41 of title 38, United States Code. ``(K) Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.). ``(L) State unemployment compensation laws (in accordance with applicable Federal law). ``(M) Section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541). ``(N) Part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ``(O) Employment and training activities carried out by the Department of Housing and Urban Development, the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Transportation, and the Small Business Administration. ``(P) Section 6(d)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(d)(4)). ``(Q) Educational assistance programs under chapters 30 through 36 of title 38, United States Code. ``(28) Secretary.--The term `Secretary' means the Secretary of Labor. ``(29) Sponsor.--The term `sponsor' means an employer, joint labor-management organization, trade association, professional association, labor organization, education and training provider, or qualified intermediary that is applying to administer and operate a program under the national apprenticeship system. ``(30) State.--The term `State'-- ``(A) has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102); and ``(B) includes each of the outlying areas. ``(31) State apprenticeship agency.--The term `State apprenticeship agency' means a State agency recognized as a State apprenticeship agency under section 113. ``(32) State apprenticeship council.--The term `State apprenticeship council' means an entity established under section 113(b)(3) to assist the State apprenticeship agency. ``(33) State office of apprenticeship.--The term `State office of apprenticeship' means the office designated by the Administrator to administer programs under the national apprenticeship system in such State and meets the requirements of section 111(b)(3). ``(34) State or local workforce development boards.--The terms `State workforce development board' and `local workforce development board' have the meanings given the terms `State board' and `local board', respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(35) State workforce agency.--The term `State workforce agency' means the State agency with responsibility for workforce investment activities under chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3121 et seq., 3131 et seq.). ``(36) CTE terms.--The terms `area career and technical education school', `articulation agreement', `credit transfer agreement', `postsecondary educational institution', `Tribally controlled college or university', `Tribally controlled postsecondary career and technical institution', and `work- based learning' have the meanings given in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). ``(37) ESEA terms.--The terms `dual or concurrent enrollment program', `early college high school', `education service agency', `high school', `local educational agency', `paraprofessional', and `State educational agency' have the meanings given in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(38) Tribal educational agency.--The term `Tribal educational agency' has the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7452). ``(39) WIOA terms.--The terms `career pathway', `dislocated worker', `in-demand industry sector or occupation', `individual with a barrier to employment', `industry or sector partnership', `labor market area', `local area', `one-stop center', `one-stop operator', `one-stop partner', `supportive services', and `workforce development system' have the meanings given in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(40) Youth apprentice.--The term `youth apprentice' means a participant in a youth apprenticeship program. ``(41) Youth apprenticeship program.--The term `youth apprenticeship program' means a model or program that meets the standards described in section 122(d) and is registered under this Act. ``SEC. 3. PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of program under the national apprenticeship system. ``SEC. 4. TRANSITION PROVISIONS. ``The Secretary shall take such steps as are necessary to provide for the orderly transition to the authority of this Act (as amended by the National Apprenticeship Act of 2021) from any authority under this Act as in effect on the day before the date of enactment of the National Apprenticeship Act of 2021. ``SEC. 5. DISAGGREGATION OF DATA. ``The disaggregation of data under this Act shall not be required when the number of program participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about a program participant or would reveal such information when combined with other released information. ``SEC. 6. RELATION TO OTHER LAWS. ``Nothing in this Act shall invalidate or limit the remedies, rights, and procedures under any Federal law or the law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals based on race, color, religion, national origin, sex, sexual orientation, age, genetic information, or disability than are afforded by this Act. ``TITLE I--PROMOTING PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM ``Subtitle A--The Office of Apprenticeship, State Registration Agency Approval Process, and Interagency Agreement ``SEC. 111. THE OFFICE OF APPRENTICESHIP. ``(a) Establishment of the Office of Apprenticeship.--There is established, in the Employment and Training Administration of the Department of Labor, an Office of Apprenticeship (referred to in this section as the `Office'), which shall be directed by an Administrator who has demonstrated knowledge of the national apprenticeship system necessary to head the Office. ``(b) Responsibilities.--The Administrator shall be responsible for the administration of this Act, including: ``(1) Promotion and awareness activities.--The Administrator shall carry out promotion and awareness activities, including the following: ``(A) Supporting the development or scaling of apprenticeship models nationally, promoting the effectiveness of youth apprenticeship, pre- apprenticeship, and apprenticeship programs, and providing promotional materials to State apprenticeship agencies, State workforce development systems or local workforce development systems, State educational agencies or local educational agencies, employers, trade associations, professional associations, industry groups, labor organizations, joint labor-management organizations, education and training providers, Federal and State correctional facilities, veterans- service organizations, and prospective apprentices in such programs. ``(B) Promoting greater diversity in the national apprenticeship system including by-- ``(i)(I) promoting outreach to nontraditional apprenticeship populations, including by engaging schools that participate in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) and minority-serving institutions; ``(II) disseminating best practices to recruit nontraditional apprenticeship populations, women, minorities, long-term unemployed, individuals with a disability, individuals recovering from substance abuse disorders, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; and ``(III) engaging small, medium-size, women- owned, and minority-owned businesses, and employers in high-skill, high-wage, and in- demand industry sectors and occupations that are nontraditional apprenticeship industries or occupations; and ``(ii) supporting the participation and retention of apprentices and employers described in clause (i) in the national apprenticeship system. ``(2) Technical assistance activities.--The Administrator shall carry out technical assistance activities, including the following: ``(A) Providing technical assistance to-- ``(i) assist State apprenticeship agencies and sponsors in complying with the requirements of this Act, including developing the State plan in section 113(c), the process and standards described in subtitle B, and the evaluation and research requirements described in subtitle C; ``(ii) receive and resolve comments or complaints from youth apprentices, pre- apprentices, or apprentices, sponsors, employers, State apprenticeship agencies, State local workforce agencies or local workforce agencies, State educational agencies or local educational agencies, qualified intermediaries, labor organizations, joint labor-management organizations, or other stakeholders; ``(iii) assist sponsors, employers, qualified intermediaries, and education and training or related instruction providers, or other entities interested in becoming sponsors, or seeking support for developing programs under the national apprenticeship system or effectively carrying out such programs, including providing assistance for remote or virtual learning or training, as necessary; ``(iv) assist those applying for or carrying out grants, contracts, or cooperative agreements under title II, including through facilitating the sharing of best practices; ``(v) share, through a national apprenticeship system clearinghouse, high- quality materials for programs under the national apprenticeship system, such as related instruction or training materials, in user- friendly formats and languages that are easily accessible, as determined by the Administrator; and ``(vi) assist State apprenticeship agencies in establishing or expanding apprenticeship hubs as is required in section 113(c)(7). ``(B) Cooperating with the-- ``(i) Secretary of Education in-- ``(I) providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with State education systems and education and training providers; and ``(II) supporting the stackability and portability of academic credit and credentials earned as part of such programs, including through articulation agreements and career pathways; ``(ii) State workforce development systems to promote awareness of opportunities under the national apprenticeship system; ``(iii) Attorney General in providing technical assistance for the development and implementation of related instruction under the national apprenticeship system that is aligned with a mentoring program administered by the Attorney General; ``(iv) Attorney General and the Director of the Bureau of Prisons to-- ``(I) support the establishment or expansion of pre-apprenticeships and apprenticeship programs to all Federal correctional institutions; ``(II) share through the national apprenticeship system clearinghouse research and best practices for programs under the national apprenticeship system in correctional settings and for individuals impacted by the criminal and juvenile justice system; ``(III) provide technical assistance for State prison systems and employers seeking to operate or improve corrections-based pre-apprenticeship or apprenticeship programs; and ``(IV) support the successful transition of individuals in correctional institutions to pre- apprenticeship or apprenticeship programs upon exiting from correctional settings; and ``(v) Secretary of Health and Human Services to coordinate with State programs for temporary assistance to needy families funded under part A of title VI of the Social Security Act to promote awareness of opportunities under the national apprenticeship system for participants in such State programs. ``(3) State offices of apprenticeship.-- ``(A) Establishment of offices.-- ``(i) In general.--The Administrator shall establish and operate a State Office of Apprenticeship in a State described in clause (ii) to serve as the registration agency for such State. ``(ii) Applicable states.--A State described in this clause is a State-- ``(I) in which, as of the day before the date of enactment of the National Apprenticeship Act of 2021, there is no State Office of Apprenticeship; and ``(II) that has not applied for recognition as a State apprenticeship agency under section 113, or for which such recognition has not provided or has been withdrawn by the Administrator under such section. ``(B) State plan requirement.--Each State Office of Apprenticeship shall be administered by a State Director who shall prepare and submit a State plan that meets the requirements of section 113(c). ``(C) Vacancies.--Subject to the availability of appropriations, in the case of a State Office of Apprenticeship with a vacant position, the Administrator shall-- ``(i) make information on such vacancy available on a publicly accessible website; and ``(ii) report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, on the status and length of such vacancy if such vacancy is not filled not later than 90 days after such position has become vacant. ``(D) Rule of construction.--Nothing in this paragraph shall be construed to prohibit any State described in subparagraph (A)(ii) from establishing an agency or entity to promote programs under the national apprenticeship system in such State, in coordination with the State Office of Apprenticeship operating in the State, so long as such agency or entity does not act as the registration agency in such State. ``(4) Quality standards, apprenticeship agreement, and registration review.--In order for the Secretary, acting through the Administrator, to support the formulation and furtherance of labor standards necessary to safeguard the welfare of program participants, and to extend the application of such standards in apprenticeship agreements, not later than 1 year after the effective date of the National Apprenticeship Act of 2021, and at least every 3 years thereafter, the Administrator shall review, and where appropriate, update the process for meeting the requirements of subtitle B, including applicable regulations and subregulatory guidance to ensure that such process is easily accessible and efficient to bring together employers and labor as sponsors or potential sponsors of programs under the national apprenticeship system. ``(5) Apprenticeable occupations.-- ``(A) Existing apprenticeable occupations.--The Administrator shall regularly review and update the requirements for each apprenticeable occupation to ensure that such requirements are in compliance with requirements under this Act. ``(B) New apprenticeable occupation.-- ``(i) In general.--The Administrator shall review and make a determination on whether to approve an occupation as an apprenticeable occupation not later than 45 days after receiving an application from a person seeking such approval from the Administrator. ``(ii) Estimated timeline.--If such determination is not made within 45 days, the Administrator shall provide the applicant with a written explanation for the delay and offer an estimated timeline for a determination that does not to exceed 90 days after the date of such written explanation. ``(C) Industry recognized occupational standards.-- ``(i) In general.--From the funds appropriated under section 141(a), the Administrator shall convene, on an ongoing basis and taking into consideration recommendations of the Advisory Committee under section 112(d)(4), the industry sector leaders and experts described in clause (ii) for the purposes of establishing or updating specific frameworks of industry recognized occupational standards for apprenticeable occupations (including potential apprenticeable occupations) that-- ``(I) meet the requirements of this Act; and ``(II) describe program scope and length, related instruction, on-the-job training, recognized postsecondary credentials, and competencies, and relevant timelines for review of such frameworks. ``(ii) Industry sector leaders and experts.--The industry sector leaders and experts are employers, industry associations, joint labor-management organizations, labor organizations, education and training providers, credential providers, program participants, national qualified intermediaries, including those supporting increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Administrator. ``(iii) Priority industry recognized apprenticeable occupations.--In establishing frameworks under clause (i) for the first time after the effective date of the National Apprenticeship Act of 2021, the Administrator shall prioritize the establishment of such standards in high-skill, high-wage, or in- demand industry sectors and occupations. ``(D) Regulations.--Not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, the Secretary shall issue regulations that outline a process for proactively establishing and approving standards and requirements for apprenticeable occupations in consultation with the industry sector leaders and experts described in subparagraph (C)(ii). ``(E) Nontraditional apprenticeship populations.-- The Administrator shall regularly evaluate the participation of the nontraditional apprenticeship populations for each of the approved apprenticeable occupations, such as women, minorities, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth. ``(6) Program oversight and evaluation.--The Administrator shall-- ``(A) monitor State apprenticeship agencies, State Offices of Apprenticeship, grantees, and sponsors of programs under the national apprenticeship system to ensure compliance with the requirements of this Act; ``(B) provide technical assistance to assist such entities with such compliance or program performance; ``(C) conduct research and evaluation in accordance with subtitle C; and ``(D) require regular reports on the performance of state agencies, including on efforts state agencies make to increase employer awareness of apprenticeship programs for employers who have not participated. ``(7) Promoting diversity in the national apprenticeship system.--The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- ``(A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high- wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; ``(B) ensuring programs under the national apprenticeship system-- ``(i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); ``(ii) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and ``(iii) are subject, for any violation of clause (i) or (ii), to enforcement action under this Act; and ``(C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, low-income participants in related Federal programs, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. ``(8) Grant awards.--The Administrator shall award grants, contracts, or cooperative agreements under title II. ``(9) National advisory committee.--The Administrator shall-- ``(A) regularly consult with the National Advisory Committee on Apprenticeships under section 112; and ``(B) ensure that the required recommendations and other reports of the Advisory Committee are submitted to the Secretary and transmitted to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(10) Coordination.--The Administrator shall coordinate and align programs under the national apprenticeship system with related Federal programs, to better promote participation in the national apprenticeship program. ``(c) Information Collection and Dissemination.--The Administrator shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including-- ``(1) not later than 1 year after the date of the enactment of the National Apprenticeship Act of 2021, establishing and supporting a single information technology infrastructure to support data collection and reporting from State apprenticeship agencies, State Offices of Apprenticeship, grantees under title II, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that-- ``(A) is developed and maintained by the Administrator, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); ``(B) best meets the needs of the national apprenticeship system stakeholders reporting data to the Administrator or State apprenticeship agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and ``(C) is aligned with data from the performance reviews under section 131(b)(1)(A); ``(2) providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is consumer tested and is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including-- ``(A) information on program offerings under the national apprenticeship system based on geographical location and apprenticeable occupation; ``(B) information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings; ``(C) information about the educational and occupational credentials and related competencies of programs under such system; and ``(D) information based on the most recent data available to the Office that is consistent with national standards and practices. ``SEC. 112. NATIONAL ADVISORY COMMITTEE ON APPRENTICESHIPS. ``(a) Establishment.-- ``(1) In general.--There is established, in the Department of Labor, a National Advisory Committee on Apprenticeships. ``(2) Composition.-- ``(A) Appointments.--The Advisory Committee shall consist of 27 voting members described in subparagraph (B) appointed by the Secretary. ``(B) List of individuals.--The individuals described in this subparagraph are-- ``(i) 9 representatives of employers or industry associations who participate in an apprenticeship program (at least 1 of which represents a women, minority, or veteran-owned business), including representatives of employers representing nontraditional apprenticeship industries or occupations, and other high-skill, high-wage, or in-demand industry sectors or occupations, as applicable; ``(ii) 9 representatives of labor organizations or joint labor-management organizations who have responsibility for the administration of an apprenticeship program (including those sponsored by a joint labor- management organization and from nontraditional apprenticeship industries or occupations), at least 1 of which represent employees primarily in the building trades and construction industry; ``(iii) 1 representative of each from-- ``(I) a State apprenticeship agency; ``(II) a State or local workforce development board with significant expertise in supporting a program under the national apprenticeship system; ``(III) a community organization with significant expertise supporting such a program; ``(IV) an area career and technical education school or local educational agency; ``(V) a State apprenticeship council; ``(VI) a State or local postsecondary education and training providers that administers, or has not less than 1 articulation agreement with an entity administering, a program under the national apprenticeship system; ``(VII) a provider of an industry- recognized credential; ``(VIII) a national qualified intermediary, including a national qualified intermediary that supports increased participation of nontraditional apprenticeship populations and nontraditional apprenticeship industries or occupations; and ``(IX) a program participant. ``(C) Ex officio nonvoting members.--The Advisory Committee shall consist of ex officio nonvoting members from each of the following departments, selected by the applicable Secretary-- ``(i) the Department of Labor; ``(ii) the Department of Commerce; ``(iii) the Department of Education; ``(iv) the Department of Energy; ``(v) the Department of Housing and Urban Development; ``(vi) the Department of Transportation; ``(vii) the Department of Veterans Affairs; ``(viii) the Department of Health and Human Services; ``(ix) the Department of Justice; ``(x) the Department of Defense; and ``(xi) the Federal Communications Commission. ``(D) Recommendations.--The Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate may each recommend to the Secretary an individual described in clause (i) or (ii) of subparagraph (B) for appointment under subparagraph (A) who shall be subject to the requirements of paragraph (3). ``(3) Qualifications.--An individual shall be selected under paragraph (1) on the basis of the experience and competence of such individual with respect to programs under the national apprenticeship system. ``(4) Terms.-- ``(A) In general.--Each voting member of the Advisory Committee shall be appointed for a term of 4 years, except as provided in subparagraphs (B) through (D). ``(B) Terms of initial appointees.-- ``(i) In general.--The appointments of the initial members of the Advisory Committee shall be made not later than 90 days after the effective date of the National Apprenticeship Act of 2021. ``(ii) Staggering of terms.--As designated by the Secretary at the time of the appointment, of the members first appointed-- ``(I) half of such members shall serve a 2-year term; and ``(II) half of such members shall serve a 4-year term. ``(C) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. A vacancy in the Advisory Committee shall be filled in the manner in which the original appointment was made, except that such appointment shall be made not later than 90 days after the date of the vacancy. A member who fulfilled a partial term as the result of a vacancy may, at the end that term, be appointed to a full term. ``(D) Multiple terms.--A voting member of the Advisory Committee may serve not more than 2 full terms on the Advisory Committee. ``(b) Chairperson.--The Advisory Committee members shall designate by vote one of the voting members described in subsection (a)(2)(A) of the Advisory Committee to serve as Chairperson of the Advisory Committee. ``(c) Meetings.-- ``(1) In general.--The Advisory Committee shall meet at the call of the Chairperson and hold not fewer than 4 meetings during each calendar year. ``(2) Open access.--All meetings of the Advisory Committee shall be open to the public. A transcript shall be kept of each meeting and made available for public inspection within 30 days of the meeting. ``(d) Duties.--The Advisory Committee shall, at a minimum-- ``(1) advise, consult with, and make recommendations to the Administrator on matters relating to the administration of this Act, including recommendations on regulations and policies related to the administration of this Act; ``(2) annually prepare a set of recommendations for the Administrator, to be shared with the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, to improve the registration process under subtitle B to make the process easily accessible and efficient for use by sponsors while maintaining the requirements under subtitle B; ``(3) make recommendations on expanding participation of nontraditional apprenticeship populations in programs under the national apprenticeship system; ``(4) review apprenticeable occupations and, based on reviews of labor market trends and changes, make recommendations to the Administrator on whether to-- ``(A) make updates to apprenticeable occupations under section 111(b)(5)(A); or ``(B) convene sector leaders and experts under section 111(b)(5)(C) for the establishing specific frameworks of industry recognized occupational standards; and ``(5) make recommendations on the development of demonstrations projects as described in section 132(f). ``(e) Personnel.-- ``(1) Compensation of members.-- ``(A) In general.--A member of the Advisory Committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Advisory Committee. ``(B) Officers or employees of the united states.-- Members of the Advisory Committee who are officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Advisory Committee. ``(2) Staff.--The Secretary shall supply the Advisory Committee with an executive Secretary and provide such secretarial, clerical, and other services as the Secretary determines to be necessary to enable the Advisory Committee to carry out the duties described in subsection (d). ``(3) Data requests.--The Advisory Committee through its Chairperson may request data from the Secretary as determined necessary by the Advisory Committee to carry out its functions as described in this section. ``(f) Permanent Committee.--The Federal Advisory Committee Act (5 U.S.C. App.) (other than section 14 of such Act) shall apply to the Advisory Committee. ``SEC. 113. STATE APPRENTICESHIP AGENCIES AND STATE OFFICES OF APPRENTICESHIP. ``(a) Recognition of State Apprenticeship Agencies.-- ``(1) In general.--The Administrator shall recognize a State agency as a State apprenticeship agency in accordance with this section and cooperate with such State apprenticeship agency regarding the formulation and promotion of standards of apprenticeship under subtitle B. ``(2) Application.--A State desiring to have a State agency recognized as a State apprenticeship agency under this section shall submit an application at such time, in such manner, and containing such information as the Administrator may require, including-- ``(A) the initial State plan described in subsection (c)(2)(A)(i); ``(B) a description of how the State apprenticeship agency will meet the State plan requirements of subsection (c); and ``(C) a description of the linkages and coordination of the State's proposed standards, criteria, and requirements with the State's economic development strategies and workforce development system and the State's secondary, postsecondary, and adult education systems. ``(3) Review and recognition.-- ``(A) In general.--Not later than 90 days after the date on which a State submits an application under paragraph (2), the Secretary shall notify the State regarding whether the agency of the State is recognized as a State apprenticeship agency under this section. ``(B) Duration of recognition.-- ``(i) Duration.--The recognition of a State apprenticeship agency shall be for a 4-year period beginning on the date the State apprenticeship agency is notified under subparagraph (A). ``(ii) Notification.-- ``(I) In general.--The Secretary shall notify a State apprenticeship agency not later than 180 days before the last day of the 4-year period regarding whether the State apprenticeship agency is in compliance with this section. ``(II) Compliance.--In the case of a State apprenticeship agency that is in compliance with this section, the agency's recognition under this section shall be renewed for an additional 4- year period and the notification under subclause (I) shall include notification of such renewal. ``(III) Noncompliance.--In the case of a State apprenticeship agency that is not in compliance with this section, the notification shall-- ``(aa) specify the areas of noncompliance; ``(bb) require corrective action; and ``(cc) offer technical assistance. ``(iii) Renewal after correction.--If the Administrator determines that a State apprenticeship agency has corrected the identified areas of noncompliance under this subparagraph not later than 180 days of notification of noncompliance, the State apprenticeship agency's recognition under this section shall be renewed for an additional 4- year period. ``(C) Transition period for state agencies.-- ``(i) In general.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, a State agency that, as of the day before the date of enactment of such Act, was recognized by the Secretary for purposes of registering apprenticeship programs in accordance with this Act shall submit an application under paragraph (2). ``(ii) Transition period.--A State agency described in clause (i) shall be recognized as a State apprenticeship agency under this section for a 4-year period beginning on the date on which the Secretary approves the application submitted by the State agency under paragraph (2). ``(b) Authority of a State Apprenticeship Agency.-- ``(1) In general.--For the period during which a State apprenticeship agency is recognized under subsection (a) and to maintain such recognition, the State apprenticeship agency shall carry out the requirements of this Act. ``(2) Program recognition.--With respect to a State with a State apprenticeship agency, the State apprenticeship agency shall have sole authority to recognize and register a pre- apprenticeship, youth apprenticeship, or apprenticeship program in such State, which shall include-- ``(A) determining whether such program is in compliance with the standards for such program under section 122; ``(B) in the case of such a program that is in compliance with such standards, recognizing the program and providing a certificate of recognition for such program; ``(C) providing technical assistance to current or potential sponsors; and ``(D) in the case of such a program that fails to meet the requirements of this Act, providing for the withdrawal of recognition of the program in accordance with section 131(b). ``(3) State apprenticeship council.-- ``(A) In general.--A State apprenticeship agency shall establish and continue to use a State apprenticeship council, which shall operate in compliance with the requirements of this Act under the direction of the State apprenticeship agency. ``(B) Composition.--A State apprenticeship council may be regulatory or advisory in nature, and shall-- ``(i) be composed of persons familiar with apprenticeable occupations; and ``(ii) be fairly balanced, with an equal number of-- ``(I) representatives of employer organizations, including from nontraditional apprenticeship industries or occupations; ``(II) representatives of labor organizations or joint labor-management organizations, including from nontraditional apprenticeship industries or occupations; and ``(III) public members; and ``(iii) to the extent practicable, have not less than 1 member who is a member of the State workforce board. ``(C) Special rule.--A State apprenticeship council shall not be eligible for recognition as a State apprenticeship agency. ``(c) State Plan.-- ``(1) In general.--For a State apprenticeship agency to be eligible to receive allotments under subsection (f) and to be recognized under this section, the State apprenticeship agency shall submit to the Secretary a State plan that meets the requirements of this subsection. ``(2) Approval of state plan.-- ``(A) Submission.-- ``(i) Initial plan.--The first State plan of a State apprenticeship agency shall be submitted to the Administrator not later than 120 days prior to the commencement of the first full program year of the State apprenticeship agency, which shall include-- ``(I) a description of any State laws, policies, or operational procedures relating to the process of recognizing programs under the national apprenticeship system that is inconsistent with, or imposes requirements in addition to, the requirements of this Act; ``(II) an assurance that the State will notify the Administrator if there are any changes to the State laws (including regulations), policies, or procedures described in subclause (I) that occur after the date of submission of such plan; and ``(III) an assurance that the State will make available on a publicly available website a description of any laws (including regulations), policies, and operational procedures relating to the process of recognizing programs under the national apprenticeship system that are inconsistent with, or impose requirements in addition to, the requirements of this Act. ``(ii) Subsequent plans.--Except as provided in clause (i), a State plan shall be submitted to the Administrator not later than 120 days prior to the end of the 4-year period covered by the preceding State plan. ``(B) Approval.--A State plan shall be subject to the approval of the Administrator and shall be considered to be approved at the end of the 90-day period beginning on the date that the plan is submitted under this paragraph, unless the Administrator, during the 90-day period, provides the State apprenticeship agency, in writing-- ``(i) an explanation for why the State plan is inconsistent with the requirements of this Act; and ``(ii) an opportunity for an appeal of such determination to an Administrative Law Judge for the Department of Labor not later than 30 days after receipt of the notice of denial from the Administrator. ``(C) Modifications.-- ``(i) Modifications.--At the end of the first 2-year period of any 4-year State plan, the State may submit modifications to the State plan to reflect changes in labor market and economic conditions or other factors affecting the implementation of the State plan. ``(ii) Approval.--A modified State plan submitted for review under clause (i) shall be subject to the approval requirements described in subparagraph (B). ``(3) Technical assistance.--Each State Plan shall describe how the State apprenticeship agency will provide technical assistance for-- ``(A) potential sponsors, employers, labor organizations, joint labor-management organizations, qualified intermediaries, apprentices, education and training providers, credentialing bodies, eligible entities, industry associations, or any potential program participant in the national apprenticeship system in the State for the purposes of recruitment, retention, program development, expansion, or implementation, including supporting remote or virtual learning or training, as necessary; ``(B) sponsors of programs registered in the State, including sponsors that are not meeting performance goals under subtitle C, for purposes of assisting sponsors in meeting or exceeding such goals; and ``(C) sponsors of programs registered in that State for purposes of assisting such sponsors in achieving State goals in diversity and equal opportunity in apprenticeships in accordance with paragraph (5). ``(4) Reciprocity.--Each State plan shall describe how the State apprenticeship agency, in the case of a program recognized by a registration agency in another State, shall recognize such program in the State of such agency for purposes of this Act by not later than 30 days after receipt of an application for such recognition from a program sponsor, as long as such program meets the wage and hour provisions of the State granting reciprocity. ``(5) Promoting diversity in the national apprenticeship system.--Each State plan shall include a plan for how the State apprenticeship agency will-- ``(A) promote diversity in apprenticeable occupations offered throughout the State, and a description of how such agency will promote the addition of apprenticeable occupations in high-skill, high-wage, or in-demand industry sectors and occupations, and in nontraditional apprenticeship industries or occupations; and ``(B) promote diversity and equal opportunity in programs under the national apprenticeship system by uniformly adopting and implementing the requirements of subparagraphs (B) and (C) of section 111(b)(7). ``(6) Complaints.-- ``(A) In general.--Subject to subparagraph (B), each State plan shall include a description of the system for the State apprenticeship agency to receive and resolve complaints submitted by program participants, the program participant's authorized representative, sponsors, employers, or nonprofit compliance organizations, such as complaints concerning equal employment opportunity or discrimination, violations of the apprenticeship agreement, or violations of requirements under this Act. ``(B) Collective bargaining agreements.--Any controversy arising under an apprenticeship agreement which is covered by a collective bargaining agreement shall not be subject to the system described in subparagraph (A), except that complaints concerning discrimination or any matters described in subparagraph (5)(B) shall be subject to such system. ``(7) State apprenticeship hubs.--Each State plan shall describe how the State will support, in a manner that takes into consideration geographic diversity, the creation and implementation of apprenticeship hubs throughout the State that shall work with industry and sector partnerships to expand programs under the national apprenticeship system, and apprenticeable occupations, in the State. ``(8) State apprenticeship performance outcomes.--Each State plan shall-- ``(A) in coordination with the Administrator, establish annual State performance goals for the programs registered by the State apprenticeship agency for the indicators described-- ``(i) in subparagraph (A) of section 131(b)(1); and ``(ii) in subparagraph (B)(ii) of section 131(b)(1); and ``(B) describe how the State apprenticeship agency will collect performance data from programs registered by the agency; and ``(C) annually report on the outcomes of each such program in relation to the State established goals under subparagraph (A). ``(9) Uses of funds.--Each State plan shall include a description of the uses described in subsection (d) of the allotment received by the State apprenticeship agency under subsection (f). ``(10) Alignment of workforce activities.--Each State plan shall include a summary of State-supported workforce development activities (including education and training) in the State, including-- ``(A) a summary of the apprenticeship programs on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); ``(B) the degree to which the programs under the national apprenticeship system in the State are aligned with and address the skill needs of the employers in the State identified by the State workforce development board; and ``(C) a description of how apprenticeship programs will receive expedited consideration to be included on the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)). ``(11) State strategic vision.--Each State plan shall include a summary of the State's strategic vision and set of goals for preparing an educated and skilled workforce and for meeting the skilled workforce needs of employers, including in existing and emerging in-demand industry sectors and occupations as identified by the State, and how the programs registered by the State apprenticeship agency in the State will help to meet such goals. ``(12) Strategy for any joint planning, alignment, coordination, and leveraging of funds.--Each State plan shall provide a description of the State apprenticeship agency's strategy for joint planning, alignment, coordination, and leveraging of funds-- ``(A) with the State's workforce development system, to achieve the strategic vision and goals described in paragraph (11), including the core programs defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B)); ``(B) for programs under the national apprenticeship system in the State with other Federal education programs, including programs under-- ``(i) the Elementary and Secondary Education Act of 1965; ``(ii) the Individuals with Disabilities Education Act; ``(iii) the Carl D. Perkins Career and Technical Education Act of 2006; and ``(iv) the Higher Education Act of 1965; and ``(C) to provide information about access to available State assistance or assistance under related Federal programs, including such assistance under-- ``(i) section 6(d) of the Food and Nutrition Act of 2008; ``(ii) subsection (c)(1) of section 3672 of title 38, United States Code; ``(iii) section 231 of the Second Chance Act of 2007 (34 U.S.C. 60541); and ``(iv) the State Temporary Assistance for Needy Families programs under part A of title IV of the Social Security Act. ``(13) State apprenticeship council.--Each State plan shall provide for a description of the composition, roles, and responsibility of the State apprenticeship council, and how the Council will comply with the requirements of subsection (b)(3). ``(d) State Apprenticeship Agency Funding.--A State apprenticeship agency shall use funds received under clauses (i) and (ii) of subsection (f)(1)(A) according to the following requirements: ``(1) Program administration.--The State apprenticeship agency shall use such funds to support the administration of programs under the national apprenticeship system across the State, including for-- ``(A) staff and resources; ``(B) oversight and evaluation as required under this Act; ``(C) technical assistance to program sponsors, program participants, employers, labor organizations, joint labor-management organizations, education and training providers, and qualified intermediaries; ``(D) pre-apprenticeship, youth, and apprenticeship program recruitment and development, including for-- ``(i) engaging potential providers of such programs such as employers, qualified intermediaries, related instruction providers, and potential program participants; ``(ii) publicizing apprenticeship opportunities and benefits; and ``(iii) engaging State workforce and education systems for collaboration and alignment across systems; ``(E) supporting the enrollment and apprenticeship certification requirements to allow veterans and other individuals eligible for the educational assistance programs under chapters 30 through 36 of title 38, United States Code, and any related educational assistance programs under laws administered by the Secretary of Veterans Affairs, to use such assistance for the apprenticeship program, including the requirement of designating a certifying official; and ``(F) supporting the retention and completion of program participants in such programs, such as by assisting with the costs-- ``(i) related to enrolling in such programs; or ``(ii) of assessments related to obtaining a recognized postsecondary credential. ``(2) Educational alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State education system to provide technical assistance and best practices regarding-- ``(A) alignment of youth apprenticeship programs with the secondary education programs in the State, including support for career exploration, career pathways, education and career planning, and engagement with youth apprenticeship programs for teachers, career guidance and academic counselors, school leaders, administrators, and specialized instructional support personnel and paraprofessionals; ``(B) alignment of related instruction provided under the national apprenticeship system in the State with academic credit granting postsecondary programs (including developing career pathways, articulation agreements, and prior learning assessments); and ``(C) the joint planning, alignment, coordination, and leveraging of funds described in subparagraphs (B) and (C) of subsection (c)(12). ``(3) Workforce alignment.--The State apprenticeship agency shall use not less than 10 percent of such funds to engage with the State workforce development system to provide technical assistance and best practices regarding-- ``(A) alignment with the State's workforce activities and strategic vision in accordance with paragraphs (10), (11), and subparagraphs (A) and (C) of paragraph (12) of subsection (c); ``(B) guidance for training staff of the workforce development system, including the vocational rehabilitation agencies, within the State on the value of programs under the national apprenticeship system as a work-based learning option for participants, including participants of programs authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) such as Job Corps under subtitle C of title I of such Act and YouthBuild under section 171 of such Act; ``(C) providing a list of programs under the national apprenticeship system that are offered in the State, including in the State's high-skill, high-wage, or in-demand industry sectors or occupations; ``(D) alignment of funding received and reporting required under this Act, including relevant placement, retention, and earnings information, with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and technical assistance in how individual training accounts under section 134(c)(3) of such Act could be used to pay for the costs of enrolling and participating in programs under the national apprenticeship system; ``(E) partnerships with State or local workforce development boards, State workforce agencies, and one- stop centers and one-stop operators that assist program participants in accessing supportive services to support-- ``(i) the recruitment, retention, and completion of programs under the national apprenticeship system, including the recruitment of nontraditional populations and dislocated workers; ``(ii) transitions from youth apprenticeships and pre-apprenticeships to apprenticeship programs; and ``(iii) the placement into employment or further education upon program completion; and ``(F) expanding the list of eligible providers of training services under section 122(d) of the Workforce Innovation and Opportunity Act to include programs under the national apprenticeship system in the State (29 U.S.C. 3152(d)). ``(4) Leadership activities.-- ``(A) In general.--A State apprenticeship agency may reserve not more than 15 percent of the funds received under subsection (f) in support of State apprenticeship initiatives described in this paragraph. ``(B) Diversity.--Not less than 5 percent of the amount reserved under subparagraph (A) shall be used by the State apprenticeship agency for supporting and expanding diversity in apprenticeable occupations under the national apprenticeship system in the State and program participant populations in the State. ``(C) Incentives for employers.--A State apprenticeship agency may use funds reserved under subparagraph (A) to incentivize employers to participate in programs under the national apprenticeship system, such as costs related to program development, staffing for mentors and supervisors, related instruction, or the creation of industry or sector partnerships to support employer participation. ``(D) State-specific initiatives.--A State apprenticeship agency may use funds reserved under subparagraph (A) for State-specific initiatives, such as the development or expansion of youth apprenticeship programs or apprenticeship programs in high-skill, high-wage, or in-demand industry sectors and occupations. ``(5) State match for federal investment.-- ``(A) In general.--Except in the case of exceptional circumstances, as determined by the Administrator, in order to receive a full allotment under subsection (f), a State apprenticeship agency shall use matching funds from non-Federal resources to carry out the activities of the agency under this Act in an amount not less than 25 percent of such allotment. ``(B) Transition period.--The requirement under this paragraph shall take effect with respect to a State apprenticeship agency on the date that is 1 day after the date on which the transition period for such agency under subsection (a)(3)(C)(ii) ends. ``(e) Derecognition of State Apprenticeship Agencies.-- ``(1) In general.--The Secretary may withdraw recognition of a State apprenticeship agency before the end of the agency's 4-year recognition period under subsection (a)(2)(B) if the Secretary determines, after notice and an opportunity for a hearing, that the State apprenticeship agency has failed for one of the reasons described in paragraph (2), and has not been in compliance with the performance improvement plan under paragraph (3) to remedy such failure. ``(2) Derecognition criteria.--The recognition of a State apprenticeship agency under this section may be withdrawn under paragraph (1) in a case in which the State apprenticeship agency fails to-- ``(A) adopt or properly enforce a State plan; ``(B) properly carry out its role as the sole registration agency in the State; ``(C) submit a report under section 131(b)(1)(B) for any program year; ``(D) meet the State levels of performance as described in subsection (c)(8)(A) or demonstrate improvements in performance for 3 consecutive program years; or ``(E) otherwise fulfill or operate in compliance with the requirements of this Act. ``(3) Derecognition process.-- ``(A) In general.--If a State apprenticeship agency fails for any of the reasons described in paragraph (2), the Secretary shall provide technical assistance to such agency for corrective action to remedy such failure, including assistance in the development of a performance improvement plan. ``(B) Reduction of funds.--Except in the case of exceptional circumstances as determined by the Administrator, in a case in which such a State apprenticeship agency continues such failure after the provision of the technical assistance under subparagraph (A)-- ``(i) the percentage of the funds to be allotted to the State apprenticeship agency under subsection (f) for each fiscal year following the fiscal year in which such failure has been identified shall be reduced by 5 percentage points; and ``(ii) the Administrator shall provide notice to the State apprenticeship agency that the agency's recognition under this section may be withdrawn if the agency fails to remedy the failure. ``(C) Termination of proceedings.--If the Administrator determines that the State apprenticeship agency's corrective action under subparagraph (A) has addressed the agency's failure identified under paragraph (2), the Administrator shall-- ``(i) restore the agency's full funding allocation under this title for the next full fiscal year; and ``(ii) notify the State apprenticeship agency that the agency's recognition will not be withdrawn under this section for the reason for which the agency's funding under this title was most recently reduced. ``(D) Opportunity for hearing.-- ``(i) In general.--In a case in which a State apprenticeship agency fails to remedy a failure identified under paragraph (2), the Administrator shall-- ``(I) notify, in writing, the State apprenticeship agency of the failure of the State apprenticeship agency, including a description of such failure and an explanation that the agency's recognition under this section may be withdrawn as a result of such failure; and ``(II) offer the State apprenticeship agency an opportunity to request a hearing not later than 30 days after the date of such notice. ``(ii) Referral to office of administrative law judges.--In a case in which the State apprenticeship agency requests a hearing under clause (i)(II), the Administrator shall refer the matter to the Office of Administrative Law Judges for a recommended decision by the Administrative Review Board for final agency action. ``(4) Requirements regarding withdrawal of recognition.-- ``(A) Office of apprenticeship.-- ``(i) Prior to order.--Prior to the withdrawal of the recognition of a State apprenticeship agency under this section, the Administrator shall-- ``(I) provide to the State apprenticeship agency an order withdrawing recognition of such agency under this section; and ``(II) establish a State Office of Apprenticeship; and ``(ii) After order.--Not later than 30 days after the date of such order, provide notification of the withdrawal to the sponsors of the programs under the national apprenticeship system in such State that were registered with the State apprenticeship agency to enable each such sponsor to be registered with the Administrator (acting through the State Office of Apprenticeship established under clause (i)(II)). ``(B) State apprenticeship agency requirements.--A State agency whose recognition as a State apprenticeship agency under this section has been withdrawn under paragraph (3) shall-- ``(i) provide to the Administrator program standards, apprenticeship agreements, completion records, cancellation and suspension records, performance metrics, and any other documents relating to the State's programs under the national apprenticeship system in the State; ``(ii) cooperate fully during the transition period beginning on the date of the order withdrawing such recognition and ending on the date on which the Administrator establishes a State Office of Apprenticeship in the State; and ``(iii) return any unused funds received under this Act. ``(5) Reinstatement of recognition.--A State apprenticeship agency that has had its recognition withdrawn under this section may have such recognition reinstated upon presentation of adequate evidence that the State apprenticeship agency has-- ``(A) submitted an application under subsection (a)(2); and ``(B) demonstrated the ability to operate in compliance with the requirements of this Act. ``(f) Reservation and State Allotments.-- ``(1) State allotments.-- ``(A) In general.--Of the amount appropriated under subsection (g) for a fiscal year-- ``(i) 33 \1/3\ percent shall be equally distributed among each State Office of Apprenticeship, outlying area, and eligible State; and ``(ii) 66 \2/3\ percent shall be allotted to eligible States on the basis described in subparagraph (B). ``(B) Formula.-- ``(i) In general.--Of the amount available under subparagraph (A)(ii)-- ``(I) 25 percent shall be allotted on the basis of the relative share of program participants in each eligible State, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total number of program participants in all eligible States, as determined on such basis; ``(II) 25 percent shall be allotted on the basis of the relative share of program participants who have completed a program under the national apprenticeship system in each eligible State during the most recent 5-year period, as determined on the basis of the most recent satisfactory data available from the Administrator, compared to the total 5-year average of program participants who have completed a program in all eligible States, as determined on such basis; and ``(III) 50 percent shall be allotted on the basis described in clause (ii). ``(ii) Allotments based on bls and acs data.--Of the amount available under clause (i)(III)-- ``(I) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals in the civilian labor force in each eligible State, compared to the total number of individuals in the civilian labor force in all eligible States; ``(II) 33\1/3\ percent shall be allotted on the basis of the relative share of individuals living below the poverty line in each eligible State, compared to the total number of individuals living below the poverty line in all eligible States; and ``(III) 33\1/3\ percent shall be allotted on the basis of the relative number of unemployed individuals in each eligible State, compared to the total number of unemployed individuals in all eligible States. ``(2) Definitions.--In this subsection-- ``(A) Eligible state.--The term `eligible State' means a State (as defined in section 2) that has a State apprenticeship agency. ``(B) Poverty line.--The term `poverty line' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(C) Unemployed individual.--The term `unemployed individual' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). ``(g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for fiscal year 2022; ``(2) $85,000,000 for fiscal year 2023; ``(3) $95,000,000 for fiscal year 2024; ``(4) $105,000,000 for fiscal year 2025; and ``(5) $115,000,000 for fiscal year 2026. ``SEC. 114. INTERAGENCY AGREEMENT WITH DEPARTMENT OF EDUCATION. ``(a) In General.--Not later than 1 year after the effective date of the National Apprenticeship Act of 2021, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall-- ``(1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and ``(2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement. ``(b) Alignment for Youth Apprenticeships.--In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide-- ``(1) information and resources to-- ``(A) parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school, and that are in user-friendly formats and languages that are easily accessible, as determined by the Secretaries; and ``(B) school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and ``(2) technical assistance on how to-- ``(A) align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements; ``(B) offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)); ``(C) facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and ``(D) align activities carried out under this Act with eligible funding from, and planning processes for, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). ``(c) Apprenticeship College Consortium.--In order to support the establishment of a college consortium of postsecondary educational institutions, including minority serving institutions, related instruction providers, sponsors, qualified intermediaries, employers, labor organizations, and joint labor-management organizations for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will-- ``(1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 enroll in, or complete, postsecondary coursework while participating in a program under such system; ``(2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973, and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act; ``(3) require all participants of the apprenticeship college consortium to enter into agreements to-- ``(A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; ``(B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and ``(C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on-the-job training; ``(4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), for related instruction for programs under the national apprenticeship system; ``(5) provide to consortium participants or potential participants information regarding-- ``(A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the consortium; ``(B) information on how to develop an apprenticeship program; ``(C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and ``(D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and ``(6) support information regarding the apprenticeship consortium being made available on a publicly accessible website, including-- ``(A) a list of participating members of the consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and ``(B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. ``(d) Best Practice Development and Sharing.-- ``(1) Dissemination.--Such interagency agreement shall require that the Secretaries disseminate information on the value of programs under the national apprenticeship system, including relevant placement, retention, and earnings information, labor market data from the local area, and sector forecasts to determine high-skill, high-wage, or in-demand industry sectors or occupations of such programs, to local education and training providers, labor organizations, or joint labor-management organizations (including those representing teachers). ``(2) Clearinghouse.--Such agreement shall require the Secretaries to create a clearinghouse of best practices-- ``(A) for improving performance and increasing alignment of education and programs under the national apprenticeship system, including career pathways; and ``(B) publicly disseminate information and resources on-- ``(i) replicable related instruction and on-the-job learning; and ``(ii) how to build an understanding of apprenticeship opportunities available to students. ``(e) Data Sharing Agreement.--The Secretaries shall disseminate best practices for the alignment of education records and records of programs under the national apprenticeship system, including information on program participants who enroll in, complete, and receive academic credit for postsecondary coursework while participating in such a program. ``(f) Secretaries Defined.--In this section, the term `Secretaries' means the Secretary of Labor and the Secretary of Education. ``Subtitle B--Process and Standards for the National Apprenticeship System ``SEC. 121. APPRENTICEABLE OCCUPATIONS STANDARDS. ``For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Administrator that demonstrates that such apprenticeable occupation is in-demand and will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall-- ``(1) meet the industry-recognized occupational standards under section 111(b)(5)(C); or ``(2) involve the progressive attainment of skills, competencies, and knowledge that are-- ``(A) clearly identified and commonly recognized throughout the relevant industry or occupation; ``(B) customarily learned or enhanced in a practical way through a structured, systematic program of on-the-job supervised learning and related instruction to supplement such learning; and ``(C) offered through a time-based, competency- based, or hybrid model as described in section 122(b)(1)(E). ``SEC. 122. QUALITY STANDARDS OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) In General.--The Secretary, acting through the Administrator, shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices, pre-apprentices, and youth apprentices. ``(b) Apprenticeship Program Standards.--In addition to the standards described in subsection (e), an apprenticeship program shall meet the following standards: ``(1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: ``(A) The employment and training to be received by each apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience, on-the-job training, and on-the-job learning; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the apprentice; ``(iii) a description of the mentoring that will be provided to the apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) A description of the organized related instruction the apprentice will receive in technical subjects related to the occupation, which-- ``(i) for time-based or hybrid apprenticeship programs as described in paragraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the registration agency; ``(ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; ``(iii) shall be provided by one or more qualified instructors that-- ``(I)(aa) meet technical instructor requirements of the applicable education agency in the State of registration; or ``(bb) are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and ``(II) have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction; ``(iv) where appropriate and to the extent practicable, shall be aligned to a career pathway; and ``(v) where appropriate and to the extent practicable, incorporate the principles of universal design for learning under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is-- ``(i) consistent with measurable skill gains; and ``(ii) ensures the entry wage is not less than the greater of-- ``(I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or ``(II) the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements. ``(E) The term of the apprenticeship program, which may be measured using-- ``(i) a time-based model, which requires the completion of the industry standard for on- the-job learning hours, which in no case shall be less than a cumulative 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor from a nontraditional apprenticeship industry or occupation as of the date of the enactment of the National Apprenticeship Act of 2021 that reflects industry standards and the relative hazards of the occupation, and is accepted by the Secretary and registration agency; ``(ii) a competency-based model, which requires the attainment of competency in the occupation; or ``(iii) a hybrid model, which blends the time-based and competency-based approaches. ``(F) The methods used to measure an apprentice's skills and competencies, which may include an initial diagnostic assessment or assessment of credentials that verify an individual's foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include-- ``(i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice's completion of the required hours of on-the-job learning as described in a work process schedule; ``(ii) in the case of a competency-based model described in subparagraph (E)(ii), the individual apprentice's successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on- the-job learning component of the apprenticeship; or ``(iii) in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of a specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in subparagraph (E)(i) and a work process schedule. ``(2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans' service- acquired skills and experiences. ``(3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years. ``(4) In the case of a program that chooses to issue an interim credential, the program-- ``(A) clearly identifies each interim credential; ``(B) only issues an interim credential for recognized components of an apprenticeable occupation and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and ``(C) establishes the process for assessing an individual apprentice's demonstration of competency and measurable skill gains associated with the particular interim credential. ``(c) Pre-Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a pre-apprenticeship program shall meet the following standards: ``(1) The program is designed to assist individuals who do not meet minimum qualifications for an apprenticeship program as described in subsection (b) and prepare them to enter and succeed in such an apprenticeship programs, including by providing the skills and competency attainment needed to enter the apprenticeship program. ``(2) The program-- ``(A) is carried out by a sponsor that has a written agreement with at least one sponsor of an apprenticeship program; ``(B) demonstrates the existence of an active, advisory partnership with an industry or sector partnership to inform the training and education services necessary for a pre-apprenticeship program; ``(C) demonstrates evidence of sufficient demand in an apprenticeship program at the completion of a pre- apprenticeship program to support a transition from a pre-apprenticeship to an apprenticeship; and ``(D) demonstrates partnerships with qualified intermediaries, community-based organizations, labor organizations, or joint labor-management organizations. ``(3) The program includes a written plan developed by the sponsor of the pre-apprenticeship program that is developed in consultation with the sponsor of the apprenticeship program described in paragraph (2)(A), that-- ``(A) provides for work-based learning, and paid work-based learning to the extent practicable, in which an industry or sector partnership and a related instruction provider collaborate to provide training that will introduce participants to the skills, competencies, and materials used in one or more apprenticeable occupations; ``(B) is based on and aligned with national, State, regional, or local industry standards for high-skill, high-wage, or in-demand industry sectors and occupations, and the requirements of the related apprenticeship program; ``(C) to the extent appropriate and practicable, meets the related instruction requirements as described in clauses (ii) through (iv) of subsection (b)(1)(C) that includes enabling an individual to attain a secondary school diploma or its recognized equivalent that enables a pre-apprentice to enter into an apprenticeship program; and ``(D) includes mentoring, career exposure, career planning, and career awareness activities. ``(d) Youth Apprenticeship Program Standards.--In addition to the standards described in subsection (e), a youth apprenticeship program shall meet the following standards: ``(1) The program is designed for youth apprentices who at the start of the program are enrolled in high school. ``(2) The program includes each of the following core elements: ``(A) The employment and training to be received by each youth apprentice participating in the program, including-- ``(i) an outline of the work processes or the plan in which the youth apprentice will receive supervised work experience and on-the- job training or in an experiential setting; ``(ii) the allocation of the approximate amount of time that will be spent in each major work process by the youth apprentice; ``(iii) a description of the mentoring that will be provided to the youth apprentice; and ``(iv) a description or timeline explaining the periodic reviews and evaluations of the youth apprentice's performance on the job and in related instruction. ``(B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). ``(C) Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and-- ``(i) is, to the extent practicable, aligned with high school diploma requirements and career clusters; and ``(ii) meets the additional requirements as described in subsection (b)(1)(C). ``(D) A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice. ``(E) The term of the youth apprenticeship program, as described in subsection (b)(1)(E). ``(F) For a competency-based or hybrid youth apprenticeship program, the methods used to measure skill acquisition for a youth apprentice, including ongoing assessment against established skill and competency standards as described in subsection (b)(1)(F). ``(G) Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. ``(3) The program equally grants advanced standing or credit to all individuals applying for the youth apprenticeship with demonstrated competency or acquired experience, training, or skills. ``(4) In the case of a youth apprenticeship program that chooses to issue an interim credential, the program meets the requirements of subsection (b)(4). ``(e) General Requirements.--Each program under the national apprenticeship system shall meet the following standards: ``(1) The program-- ``(A) has adequate and safe equipment, environments, and facilities for training and supervision; ``(B) provides safety training on-the-job and in related instruction as applicable by the apprenticeable occupation; and ``(C) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. ``(2) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. ``(3) The program provides-- ``(A) all individuals with an equal opportunity to participate in the program as described in subparagraphs (B) and (C) of section 111(b)(7); and ``(B) materials that conform with accessibility standards under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), such as materials that conform with the most recent Web Content Accessibility Guidelines. ``(4) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and in the case of apprenticeships and youth apprenticeships, prepares a program participant to obtain a recognized postsecondary credential. ``(5) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement described in section 123 with the sponsor of the program. ``(6) The numeric ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence- informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and consistent with provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements. ``SEC. 123. APPRENTICESHIP AGREEMENTS. ``(a) In General.--To ensure the standards described in section 122 are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall-- ``(1) be the same for each program participant; ``(2) contain the names and signatures of the program participant and the sponsor; ``(3) meet the requirements of subsection (b); and ``(4) be submitted to the registration agency in accordance with section 124 by the program sponsor. ``(b) Standards.--Each agreement under subsection (a) shall contain, explicitly or by reference, program standards under section 122, including-- ``(1) in the case of an apprenticeship program-- ``(A) that is time-based, a statement of the number of hours to be spent by the program participant in on- the-job learning and on-the-job training in order to complete the program; ``(B) that is competency-based, a description of the skill sets to be attained by completion of the program, including the on-the-job learning and work components; or ``(C) that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the- job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program; ``(2) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur for participating in the program (such as for equipment, related instruction, or assessment or licensure fees), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; ``(3) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; ``(4) for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and ``(5) demonstration of commitment to and compliance with subparagraphs (B) and (C) of section 111(b)(7). ``SEC. 124. REGISTRATION OF PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. ``(a) Program Registration Application.--In order to bring together employers and labor for the formulation of programs under the national apprenticeship system, the Administrator shall provide for the registration of programs in which a sponsor applying to register a program under the national apprenticeship system shall request registration of such program from a registration agency by submitting the information required by the registration agency, including-- ``(1) information demonstrating that each of the requirements of section 122 will be met for the program; ``(2) a copy of the apprenticeship agreement described in section 123 used by the sponsor; ``(3) a written assurance that, if the program is registered under this Act, the sponsor will administer the program in accordance with the requirements of this Act and comply with the requirements of the apprenticeship agreement for each apprentice; and ``(4) methods the program sponsor will use to report performance data describing outcomes associated with the program as required by the registration agency-- ``(A) on an annual basis for any program sponsor with fewer than 5 program participants; or ``(B) on a quarterly basis for any program sponsor with 5 or more program participants. ``(b) Recognition and Registration Process.-- ``(1) Review and approval process.-- ``(A) Provisional approval review.--An application submitted under subsection (a) that the registration agency determines meets the requirements described in such subsection shall be registered for a provisional 1-year period beginning not later than 30 days after such application is submitted. During such period, the registration agency shall accept and record the apprenticeship agreement as evidence of the program's compliance and registration to operate such program. ``(B) Full approval or extended provisional approval.--By the end of a provisional registration period for a program, the registration agency providing provisional approval under subparagraph (A) shall review the program for quality and for compliance with the applicable standards under this subtitle and all other applicable program requirements under this Act, and-- ``(i) if a registration agency conducting a provisional review determines that the program complies with the standards and requirements under this Act, the registration agency shall fully approve the registration of the program; or ``(ii) if a registration agency conducting a provisional review determines that the program is not conforming to the requirements or standards under this Act, the registration agency may continue the provisional registration of the program through the first full training cycle for program participants, and conduct an additional provisional review at the conclusion of the training cycle. ``(C) Failure to meet requirements.--If, after an initial provisional review under subparagraph (A), a registration agency conducting such provisional review determines that the program is not in operation or does not conform to the requirements under this Act, the registration agency shall recommend technical assistance and corrective action for the program, or deregistration, in accordance with procedures established under subsections (b) and (c) of section 131. ``(2) Certificate of registration.-- ``(A) In general.--A registration agency that registers a program under paragraph (1) shall-- ``(i) provide the sponsor of the program with a certificate of registration or other written evidence of registration; and ``(ii) provide a copy of the certificate of registration to the Secretary of Veterans Affairs or the applicable State veterans agency for the purpose of aligning the registration process with the process for approving such program for eligible veterans' use of supplemental educational assistance benefits. ``(B) Registration name.--A program shall be registered in the name of the sponsor, or if a sponsor enters into a partnership with an employer who registers the program, in the name of the employer. ``(3) Program participant registration.--A sponsor providing a program that is registered in accordance with paragraph (2) shall provide to an individual seeking to be a program participant the opportunity to apply through the sponsor, and shall-- ``(A) enter into a written individual apprenticeship agreement described in section 123 with each such individual before the commencement of the program; and ``(B) individually register each program participant with the registration agency by filing a copy of the individual apprenticeship agreement with the registration agency or as otherwise required by the registration agency, and sharing a copy with the Administrator as appropriate, as described under section 123(a)(4). ``(4) Transition process for previously approved programs.--With respect to a program that was registered under this Act as of the day before the date of enactment of the National Apprenticeship Act of 2021, the registration agency shall take such steps as necessary to-- ``(A) in the case of a program that meets of the requirements of this Act, maintain the status of the sponsor of the program as of the date before such date of enactment as the sponsor of such program under this Act; and ``(B) in the case of a program that does not meet the requirements of this Act, provide technical assistance to the sponsor of such program to ensure that the sponsor is in compliance with this Act not later than 3 years after the date of enactment of the National Apprenticeship Act of 2021. ``(c) Modifications or Changes to Youth Apprenticeship, Pre- Apprenticeship, or Apprenticeship Programs.-- ``(1) Sponsor proposal.--Any sponsor that wishes to modify a program, including the program's method of meeting the standards required under this Act, shall submit the proposal for such change or modification to the registration agency for the program. ``(2) Registration agency requirements.-- ``(A) In general.--The registration agency shall determine whether to approve the proposal and notify the sponsor of the determination by not later than 60 days after receipt of the proposal. ``(B) Approval of proposal.--If the proposal is approved, the registration agency shall amend the record of the program to reflect the modification or change, and provide the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval. ``(C) Disapproval of proposal.--If the proposal is not approved, the registration agency shall-- ``(i) notify the sponsor of the reasons for the disapproval and provide the sponsor with technical assistance to maintain the program as originally registered; ``(ii) provide the sponsor with the opportunity to submit a revised modification proposal, including providing appropriate technical assistance to modify the proposal in order to meet the requirements of this Act; and ``(iii) in a case in which the sponsor submits a revised modification proposal, not later than 60 days after receipt of such proposal-- ``(I) approve the proposal; or ``(II) disapprove the proposal and provide the sponsor with technical assistance to maintain the program as originally registered. ``(D) List of disapproved programs.--The registration agency shall maintain a list of programs that were disapproved which includes the reasons for each such disapproval and provide such list to the Administrator at least annually. ``Subtitle C--Evaluations and Research ``SEC. 131. PROGRAM EVALUATIONS. ``(a) Purpose.--The purpose of this section is to provide program performance transparency across the programs under the national apprenticeship system, assess the effectiveness of States in achieving positive outcomes for program participants served by those programs, and establish performance accountability measures related to program completion and key indicators of performance under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). ``(b) Reviews by Registration Agencies.-- ``(1) Performance reviews.-- ``(A) In general.--A registration agency shall-- ``(i) annually collect performance data for each program registered under section 124 by such agency to determine-- ``(I) the performance of the program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i) or in the case of a youth apprenticeship program, section 116(b)(2)(A)(ii)) of such Act (29 U.S.C. 3141(b)(2)(A)(ii)), as applied to programs under the national apprenticeship system; and ``(II) the completion rates of the program; and ``(ii) provide technical assistance for the collection of the information under clause (i) of this subparagraph and subparagraph (B), as necessary. ``(B) Reports.--The registration agency for a State shall annually prepare and submit to the Administrator a State performance report that includes the following information with respect to each program registered under section 124 by such agency, including-- ``(i) information specifying the levels of performance described in subparagraph (A), as compared to goals set in section 113(c)(8)(A)(i); ``(ii) the percentage of program participants by race, sex ethnicity and, to the extent practicable, by individuals with disabilities, as compared to such percentages within the working age population who are in the geographical area from which the sponsor usually seeks or reasonably could seek program participants and who meet the minimum eligibility requirements for entry into in the program; ``(iii) the percentage of program participants served by each of the programs that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(iv) the average time to completion for the program as compared to the description in the agreement under paragraphs (1) and (2) of section 123(b); ``(v) the average cost per participant during the most recent program year and the 3 preceding program years; ``(vi) the percentage of program participants who received supportive services; ``(vii) information on the State's activities required under section 113(c), including the State's uses of funds; and ``(viii) the disaggregation of the performance data described in clauses (i) through (vi)-- ``(I) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(II) by race, ethnicity, sex, age, veteran status, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)). ``(C) Reports to congress.--Not later than 60 days after receiving a report under subparagraph (B), the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(D) Publication.--The Administrator shall annually make available on a publicly accessible website each report received under subparagraph (B) not later than 30 days after receipt of such report. ``(2) Comprehensive program reviews.-- ``(A) In general.--A registration agency shall periodically review each program registered under section 124 by such agency for quality assurance and compliance with the requirements of this Act. ``(B) Timing of reviews.--A review described in subparagraph (A) shall occur-- ``(i) at the end of the first full training cycle of program participants under the program; and ``(ii) beginning after the review described in clause (i) at least once every 5 years. ``(C) Review.--The review shall be a comprehensive review regarding all aspects of the program performance, including-- ``(i) determining whether the registration agency is receiving notification from the sponsor of a program regarding individuals who are registered as new youth apprentices, pre- apprentices, or apprentices under the program, or who successfully complete the program, as required under this Act; ``(ii) determining whether the sponsor of the program is complying with the requirements of this Act; ``(iii) evaluating the performance of the sponsor with respect to, at a minimum, the indicators described in paragraph (1)(A)(i), with the performance data disaggregated as described in paragraph (1)(B)(viii); and ``(iv) ensuring the sponsor's compliance with the requirement to provide equal opportunity in recruitment, training, and employment as described in subparagraphs (B) and (C) of section 111(b)(7). ``(D) Reports.--On completion of a review under this paragraph, the registration agency shall prepare and submit to the Administrator a report containing the results of the review. ``(c) Subsequent Action.-- ``(1) Technical assistance.--The registration agency shall provide technical assistance to the sponsor and identify areas that require technical assistance, including-- ``(A) to support the sponsor in creating a plan to meet the State goals described in section 113(c)(8)(A)(ii), as applicable; and ``(B) assistance in the development of a performance improvement plan if the registration agency determines, pursuant to any review under subsection (b), that the youth apprenticeship, pre-apprenticeship, or apprenticeship program-- ``(i) is not in operation; ``(ii) is not in compliance with the requirements of this Act; or ``(iii) is achieving levels of performance on any indicators described in subsection (b)(1)(A)(i) that are lower than the State goals for any program year. ``(2) Corrective action and deregistration of an apprenticeship program.--The registration agency may take corrective action, and if warranted, deregister a youth apprenticeship, pre-apprenticeship, or apprenticeship program, after making a determination that the program demonstrates persistent and significant failure to perform successfully, which occurs when-- ``(A) the sponsor of the program consistently fails to register at least 1 program participant; ``(B) the program shows a pattern of poor results on the indicators described in subsection (b)(1)(A)(i) over a period of 3 years, given the characteristics of program participants and economic conditions in the area served, or are lower than the national or State average; ``(C) the program shows no indication of improvement in the areas identified by the registration agency and in the performance improvement plan under paragraph (1); or ``(D) the sponsor has not administered the program in accordance with the program's registration, as applicable, or with the requirements of this Act. ``(3) Notification and hearing.--If the registration agency makes a determination described in paragraph (2), the registration agency shall notify the Secretary and the sponsor of the determination in writing, and permit the sponsor to request a hearing by the Office of Administrative Law Judges. The registration agency shall transmit to the Secretary a report containing all pertinent facts and circumstances concerning the determination, including findings and a recommendation for deregistration, and copies of all relevant documents and records. If the sponsor does not request the hearing not later than 15 days after receiving such notification, the registration agency shall deregister the program after the period for requesting such a hearing has expired. ``(4) Notification and treatment of apprentices.--Not later than 15 days after the registration agency deregisters a program, the sponsor or program administrator shall notify program participant-- ``(A) of such deregistration and the effective date; ``(B) that such deregistration automatically deprives the program participant of individual registration as part of such youth apprenticeship, pre- apprenticeship, or apprenticeship program, including the ability to receive a certificate of completion from the registration agency; ``(C) that the deregistration of the program removes the program participant from eligibility for any Federal financial or other assistance, or rights, privileges, or exemptions under Federal law, that-- ``(i) relates to an apprentice; and ``(ii) requires the registration agency's approval; and ``(D) that all youth apprentices, pre-apprentices, or apprentices are referred to the registration agency for information about potential transfers to other programs under the national apprenticeship system. ``SEC. 132. NATIONAL APPRENTICESHIP SYSTEM RESEARCH. ``(a) Research.--The Secretary shall conduct, through an independent entity, research for the purpose of improving the management and effectiveness of the programs and activities carried out under this Act and to assist in the evaluation of the programs as described in section 131. ``(b) Techniques.--The research conducted under this section shall utilize appropriate methodology and research designs. ``(c) Contents.--Such research shall address-- ``(1) the general effectiveness of such programs and activities in relation to their cost, including the extent to which the programs and activities-- ``(A) improve the skill and employment competencies of participants in comparison to comparably-situated individuals who did not participate in such programs and activities; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such programs and activities; ``(C) respond to the needs reflected in labor market data in the local area and align with high- skill, high-wage, or in-demand industries or occupations; ``(D) demonstrate a return on investment of Federal, State, local, sponsor, employer, and other funding for programs under the national apprenticeship system, capturing the full level of investment in, and impact of, such programs under the national apprenticeship system; and ``(E) regularly assess the impact of apprenticeship programs under the national apprentice system in effectively increasing the participation of women, minorities, individuals with disabilities, long term unemployed, individuals impacted by the criminal and juvenile justice system, foster and former foster youth, and individuals with barriers to employment; ``(2) the impact of the National Apprenticeship Act of 2021 on the general effectiveness of programs under the national apprenticeship system, including the implementation of policies such as dual or concurrent enrollment programs, advanced standing, or industry recognized apprenticeable occupations; ``(3) best practices in increasing participation of nontraditional apprenticeship populations and individuals with barriers to employment, including individuals with disabilities, in programs under the national apprenticeship system; and ``(4) opportunities to scale up effective models under the national apprenticeship system. ``(d) Reports.-- ``(1) Independent entity.--The independent entity carrying out the research shall prepare and submit to the Secretary-- ``(A) an interim report containing findings from the research; and ``(B) a final report containing the results of the research, including policy recommendations. ``(2) Reports to congress.--Not later than 60 days after receipt of the interim report and final report described in subparagraphs (A) and (B) of paragraph (1), respectively, the Secretary shall submit each report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(e) Public Access.--The Secretary shall make the interim and final reports available on a publicly accessible website not later than 60 days after the receipt of the interim and final report. ``(f) Demonstration Authority.-- ``(1) In general.--The Secretary is authorized to initiate demonstration projects, subject to the recommendation of two- thirds of the voting members of the Advisory Committee, such that each demonstration project-- ``(A) is limited in size and scope; ``(B) has a duration of no more than 3 years; ``(C) is carried out in nontraditional apprenticeship industries or occupations, such as advanced manufacturing or information technology; and ``(D) which may include activities that respond to the COVID-19 public health emergency. ``(2) Limitation on funding.--In initiating demonstration projects under subsection (a), the Secretary may not use more than $2,000,000 annually from the funding authorized under section 141(a). ``Subtitle D--General Provisions ``SEC. 141. AUTHORIZATION OF APPROPRIATIONS. ``(a) Office of Apprenticeship.--There are authorized to be appropriated to carry out sections 111, 112, 131, and 132-- ``(1) $50,000,000 for fiscal year 2022; ``(2) $60,000,000 for fiscal year 2023; ``(3) $70,000,000 for fiscal year 2024; ``(4) $80,000,000 for fiscal year 2025; and ``(5) $90,000,000 for fiscal year 2026. ``(b) Interagency Agreement.--There are authorized to be appropriated to carry out section 114-- ``(1) $10,000,000 for fiscal year 2022; ``(2) $12,000,000 for fiscal year 2023; ``(3) $14,000,000 for fiscal year 2024; ``(4) $16,000,000 for fiscal year 2025; and ``(5) $18,000,000 for fiscal year 2026. ``TITLE II--MODERNIZING THE NATIONAL APPRENTICESHIP SYSTEM FOR THE 21ST CENTURY GRANTS ``SEC. 201. GRANT REQUIREMENTS. ``(a) Authority.-- ``(1) In general.--The Administrator shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis for the following purposes: ``(A) Creation and expansion activities.--To expand the offerings of programs under the national apprenticeship system-- ``(i) to create new apprenticeship programs in a nontraditional apprenticeship industry or occupation, such as for programs demonstrating demand in information technology, computer science, energy (including renewable energy), green jobs (including environmental protection and conservation), advanced manufacturing, health care, agriculture, forestry, fishing and hunting, hospitality and tourism, media and entertainment, education (including early childhood education), or cybersecurity; ``(ii) to expand existing apprenticeship programs demonstrating labor market demand; ``(iii) to create new or expand existing pre-apprenticeship programs; or ``(iv) to create new or expand existing youth apprenticeship programs. ``(B) Encouraging employer participation.--To encourage employer participation in programs under the national apprenticeship system-- ``(i) that target individuals with barriers to employment in youth apprenticeship, pre- apprenticeship, or apprenticeship programs, prioritizing nontraditional apprenticeship populations such as women, minorities, English language learners, long-term unemployed, individuals with a disability, individuals with substance abuse issues, veterans, military spouses, individuals experiencing homelessness, individuals impacted by the criminal or juvenile justice system, and foster and former foster youth; ``(ii) that are in high-need social service-related industries, sectors, or occupations, such as direct care workers and early childhood, elementary school, and secondary school educators; ``(iii) that target individuals currently or recently incarcerated; or ``(iv) among small- and medium-sized employers. ``(C) Intermediary grants.--To establish or expand sector-based partnerships for the delivery of programs under the national apprenticeship system to significant scale through-- ``(i) national industry qualified intermediaries in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator and the Advisory Committee as targeted for expansion under the national apprenticeship system; ``(ii) national equity qualified intermediaries serving nontraditional apprenticeship populations, women, minorities, individuals with disabilities, and individuals impacted by the criminal or juvenile justice system; or ``(iii) local or regional qualified intermediaries serving programs under the national apprenticeship system. ``(D) Educational alignment.--To strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary, postsecondary, and adult education systems, including degree and credential requirements. ``(2) Duration.-- ``(A) In general.--The Administrator shall award grants, contracts, or cooperative agreements under this subsection for a period of not more than 3 years. ``(B) Extension.--The eligible entity may apply for, and the Administrator may grant, an extension of the grant period for not more than 1 additional 2-year period, if the grant recipient demonstrates to the Administrator that the recipient-- ``(i) has effectively implemented a project to achieve its stated purpose as described in subsections (e) and (f); ``(ii) has complied with the assurances as described in subsection (e)(9); and ``(iii) has improved applicable outcomes, as demonstrated through indicators referred to in section 203(a)(2). ``(b) Funding Requirements.-- ``(1) Matching funds required.--The Administrator shall require, as a condition of receipt of funds under this section, an eligible entity to match funds awarded under this section in an amount not less than 25 percent of the funds awarded to such recipient under this section. Such eligible entity may make the matching funds available directly or through donations from non-Federal, public, or private organizations, in cash or in kind, fairly evaluated. ``(2) Waiver.--The Administrator may waive the requirement under paragraph (1) if the entity demonstrates that exceptional circumstances prevent the entity from meeting the requirement, such as demonstrating that the entity serves a high proportion of individuals with barriers to employment, or due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the eligible entity. ``(c) Priority and Distribution.-- ``(1) Priority.--In awarding grants, contracts, or cooperative agreements under this section, the Administrator shall give priority to an eligible entity-- ``(A) proposing to serve a high number or high percentage of participants who are from nontraditional apprenticeship populations; and ``(B) providing opportunities in high-wage, high- skill, or in-demand sectors and occupations. ``(2) Geographic distribution.--In awarding grants, contracts, or cooperative agreements under this subsection, the Administrator shall, to the extent practicable, ensure a geographically diverse distribution of such awards, including a geographically diverse distribution among regions of the country and among urban, suburban, and rural areas. ``(d) Eligible Entity.--To be eligible to apply for grants, contracts, or cooperative agreements under this title, an eligible entity shall-- ``(1) demonstrate a partnership with two or more of the following-- ``(A) a State or local workforce development board or State or local workforce agency; ``(B) an education and training provider, or a consortium thereof; ``(C) a State apprenticeship agency; ``(D) an Indian Tribe or Tribal organization; ``(E) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; ``(F) a Governor; ``(G) a labor organization or joint labor- management organization; ``(H) community-based organizations that assist program participants in accessing supportive services; or ``(I) a qualified intermediary; and ``(2) to the extent practicable-- ``(A) be part of an industry or sector partnership; and ``(B) partner with a labor or joint labor- management organization. ``(e) General Application Requirements.--An eligible entity applying for a grant under this section shall submit to the Administrator a description of each of the following: ``(1) Each purpose under subsection (a) for which the applicant intends to use such grant. ``(2) Each entity with which the eligible entity is partnered or engaged under subsection (d) and the role of each such entity in carrying out activities funded under this subsection. ``(3) The ability of the applicant, directly or through partners-- ``(A) to enroll, instruct, advance, and graduate program participants served by the grant activities, and enable the participants to gain employment after program completion; ``(B) to support (including by providing technical assistance) program sponsors and employers (especially small- and medium-sized businesses) in the creation of, recruitment for, and execution of programs under the national apprenticeship system; and ``(C) to provide opportunities to rural communities, as applicable. ``(4) A labor market analysis with respect to the geographic area of service that demonstrates-- ``(A) the need to create or expand the program; and ``(B) a plan to align the activities supported by the grant with the labor market needs of high-skill, high-wage, or in-demand industry sectors or occupations. ``(5) A plan-- ``(A) to comply with requirements for an evaluation and report under section 203; ``(B) as appropriate, to coordinate activities assisted under the grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and any related Federal programs and if appropriate, how funds provided under these programs will be leveraged in support of the programs supported by this grant; ``(C) to use funds awarded under this section in support of the programs supported by this grant, as described in section 202; ``(D) to continue the program after the grant period ends; ``(E) to recruit and retain program participants for pre-apprenticeship, youth apprenticeship, and apprenticeship programs, including from nontraditional apprenticeship populations, such as women, minorities, individuals with disabilities, individuals impacted by the criminal or juvenile justice system, and individuals with barriers to employment; ``(F) to ensure program participants are able to access supportive services, as applicable; and ``(G) to comply with the equal opportunity requirements for diversity described in subparagraphs (B) and (C) of section 111(b)(7) and section 113(c)(5), as applicable. ``(6) For any grants, contracts, or cooperative agreements expanding existing programs under the national apprenticeship system, a description of-- ``(A) a plan to coordinate the activities carried out under the grant with the existing program; and ``(B) the effectiveness of the program, including demonstrations of programmatic components such as program costs to employers and to program participants, completion and placement rates, credential attainment, diversity in populations served, the effectiveness of the program in increasing participant's wages and benefits, or services provided to employers and program participants. ``(7) A description of potential program participants and strategies to support the recruitment, retention, and completion of such participants, including nontraditional apprenticeship populations and individuals with barriers to employment, to the extent practicable. ``(8) A description of strategies to recruit and support employers involved in programs under the national apprenticeship system. ``(9) An assurance that the eligible entity will-- ``(A) provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out; ``(B) make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g) and section 4 of this Act) to independent evaluators to enable the evaluators to prepare the evaluations and research reports described in section 203(a)(1); and ``(C) coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities. ``(f) Additional Application Requirements.--The Administrator shall require an eligible entity applying for a grant under this title to include as part of their application in subsection (e) the following information, as applicable: ``(1) Creation and expansion activities.-- ``(A) New apprenticeship programs.--An eligible entity applying to create new apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(i) shall include as part of their application a description of-- ``(i) any plans for further expansion upon development of the program; and ``(ii) employers, and to the extent practicable, labor organizations or joint labor-management organizations, engaged in the program creation and implementation. ``(B) Expanding apprenticeship programs.--An eligible entity applying to expand existing apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(ii) shall include as part of their application a description of employers engaged in the program expansion. ``(C) Creating or expanding pre-apprenticeship programs.--An eligible entity applying to create or expand pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iii) shall include as part of their application a description of-- ``(i) a partnership between the eligible entity and at least one apprenticeship program; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the pre- apprenticeship program. ``(D) Creating or expanding youth apprenticeship programs.--An eligible entity applying to create or expand youth apprenticeship programs and carry out activities in accordance with subsection (a)(1)(A)(iv) shall include as part of their application a description of-- ``(i) an existing partnership with at least one high school offering related instruction for the youth apprenticeship program, with existing integration into the academic content of the high school diploma requirements, or with demonstrated plans for integration of related instruction into the high school curriculum; and ``(ii) existing partnerships with employers acting in either an advisory capacity or actively participating in the youth apprenticeship program. ``(2) Encouraging employer participation.-- ``(A) Individuals with barriers to employment.--An eligible entity applying to target individuals with barriers to employment for apprenticeship, youth apprenticeship, or pre-apprenticeship programs and carry out activities in accordance with subsection (a)(1)(B)(i) shall include as part of their application a description of-- ``(i) specific strategies to target both individuals with barriers to employment and employers for participation in the program; and ``(ii) partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion of the program by program participants. ``(B) High-need social service-related industries.--An eligible entity applying to offer pre- apprenticeship, youth apprenticeship, or apprenticeship programs in high-need social service-related industries, sectors, or occupations and carry out activities in accordance with subsection (a)(1)(B)(ii) shall include as part of their application a description of wages and benefits offered to program participants. ``(C) Individuals currently or recently incarcerated.--An eligible entity applying to target individuals currently or recently incarcerated and establish or carry out pre-apprenticeship programs and apprenticeship programs in accordance with subsection (a)(1)(B)(iii) shall include as part of their application a description of-- ``(i) a plan to assist the program participants in obtaining the documentation and work authorization necessary to participate in such program; ``(ii) partnerships with organizations that will assist program participants in accessing activities to improve financial literacy and supportive services; ``(iii) how the assessments used to support the placement of potential program participants into a program accurately reflect the participants' skills and competencies; ``(iv) a plan to provide information about resources to program participants to address mental health or substance abuse issues; ``(v) partnerships with organizations that support-- ``(I) the transition from incarceration to re-entry, such as assistance with housing, transportation, child care, and legal services; and ``(II) successful completion of an apprenticeship or pre-apprenticeship program; ``(vi) wages and benefits offered to program participants that are commensurate with wages for similar work in the State or local area, as allowable; and ``(vii) alignment and necessary supports to comply with and receive the benefits of the Federal Bonding Program and the Prison Industry Enhancement Certification Program for employers participating in apprenticeship programs. ``(D) Small- and medium-sized employers.--An eligible entity applying to engage small- and medium- sized employers and carry out activities in accordance with subsection (a)(1)(B)(iv) shall include as part of their application a description of demonstrated success in engaging small- and medium-sized employers and the ability to recruit new employers to participate in related partnerships or programs, including small businesses owned or controlled by women, minorities, or veterans. ``(3) Intermediary grants.-- ``(A) Supporting national industry and equity intermediaries.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(i) shall include as part of their application a description of the ability of such entity to convene a diverse group of industry specific stakeholders for the purposes of developing or expanding programs, including employers, workforce development organizations, industry associations, labor groups (including joint labor-management organizations), small businesses owned or controlled by women, minorities, or veterans, and education and training providers at a national level or with national reach. ``(B) Serving programs in a local or regional setting.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(C)(ii) shall include as part of their application a description of how such entity will-- ``(i) engage employers, especially small- and medium-sized businesses, in the formation or ongoing development of industry or sector partnerships and programs in the national apprenticeship system; ``(ii) identify the industry or sector partnerships that will be served, and demonstrate alignment to high-skill, high-wage, or in-demand industry sectors or occupations; ``(iii) leverage additional resources, including funding provided by Federal and non- Federal resources; and ``(iv) provide services to program sponsors and program participants. ``(4) Educational alignment.--An eligible entity applying to carry out activities in accordance with subsection (a)(1)(D) shall include as part of their application a description of-- ``(A) a demonstration of a partnership with-- ``(i)(I) no less than three sponsors or employers; or ``(II) an industry or sector partnership; and ``(ii) at least 1 of the following-- ``(I) an educational service agency; ``(II) a high school; ``(III) a local educational agency; ``(IV) State educational agency; ``(V) an Indian Tribe, Tribal organization, Tribal educational agency, Tribally controlled college or university, or Tribally controlled postsecondary career and technical institution, as applicable; ``(VI) a postsecondary educational institution; ``(VII) a Job Corps center (as defined in section 142 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3192)); or ``(VIII) a State higher education agency; and ``(B) a commitment to establishing or expanding the alignment of the related instruction to-- ``(i) the requirements for a high school diploma, which may be fulfilled through a dual or concurrent enrollment program; or ``(ii) the requirements for a recognized postsecondary credential, including the degree requirements for an associate's or bachelor's degree. ``SEC. 202. USES OF FUNDS. ``(a) General Activities.--An eligible entity applying for any grant activity under section 201(a)(1)-- ``(1) shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre- apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, assessment or licensure fees, courses, transportation, child care, internet access, and housing; and ``(2) may use funds for any of the following activities: ``(A) To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system. ``(B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system. ``(C) To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and joint labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system. ``(D) To carry out grant requirements, including program evaluation and reporting requirements. ``(E) To conduct any activities as described in the application that would advance the purposes of the grant. ``(F) To support the transition to virtual or remote learning or training, as necessary and as approved by the registration agency. ``(b) Additional Uses of Funds.-- ``(1) Creation or expansion activities.-- ``(A) Apprenticeship program creation.--An eligible entity that receives funds under section 201(a)(1)(A)(i) shall use such funding to create and implement an apprenticeship program, which may include-- ``(i) creating and providing training and related instruction based on employer engagement; ``(ii) applying apprenticeship frameworks as described in section 111(b)(5)(C) to the State or local labor market and employer needs; ``(iii) aligning the new program with existing apprenticeship programs; or ``(iv) appropriate equipment, technology, and instructional materials aligned with new program needs, including machinery, testing equipment, tools, implements, hardware and software, and other new and emerging instructional materials. ``(B) Apprenticeship program expansion.--An eligible entity that receives funds under section 201(a)(1)(A)(ii) shall use such funds to expand an existing apprenticeship program, which may include-- ``(i) expanding and enhancing related instruction; ``(ii) conducting outreach to and engagement with employers for the purposes of program expansion, including creation of new or expansion of existing industry or sector partnerships; ``(iii) preparing additional instructors or mentors needed for program expansion; ``(iv) building awareness of apprenticeship program opportunities for State or local workforce development, education, and economic development entities; and ``(v) providing commensurate wages to wages for on-the-job training for program participants during related instruction, as applicable. ``(C) Pre-apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iii) shall use such funds to create a new pre-apprenticeship program or expand an existing pre- apprenticeship program, which may include-- ``(i) coordinating pre-apprenticeship program activities with an apprenticeship program in a high-skill, high-wage, or in- demand industry sector or occupation, including the creation or expansion of work-based learning opportunities, and articulation agreements for those who successfully complete a pre-apprenticeship to earn academic credit and enroll in an apprenticeship program; ``(ii) creating, expanding, or integrating related instruction and work-based learning, which may include training in the workplace and supporting partnerships to create opportunities for pre-apprentices to earn credit at a postsecondary educational institution for skills and competencies acquired during the pre-apprenticeship program; ``(iii) providing participants with career exploration and career planning activities and with exploration of postsecondary opportunities including apprenticeship programs; ``(iv) with respect to participants without a high school diploma or a generally recognized equivalent, paying the costs affiliated with acquiring such equivalent, and the costs of any related assessments of potential pre- apprentices or active pre-apprentices, including those that would verify the attainment of foundational knowledge and skills necessary to succeed in an apprenticeship program; ``(v) development or expansion of partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of a pre-apprenticeship program; ``(vi) providing commensurate wages to the linked apprenticeship program for pre- apprentices as they participate in and complete the pre-apprenticeship program, as appropriate; ``(vii) paying the cost of related instruction or assessment or licensure fees associated with the pre-apprenticeship program, as appropriate; ``(viii) providing stipends to pre- apprentices enrolled in a pre-apprenticeship program to cover costs such as housing, transportation, childcare or out of pocket expenses resulting from the pre-apprenticeship program such as assessments and fees for industry-recognized credentials or drivers licenses during the time of enrollment; or ``(ix) creating or expanding industry or sector partnerships to support the pre- apprenticeship program and to provide additional opportunities to the pre- apprentices. ``(D) Youth apprenticeship programs.--An eligible entity that receives funds under section 201(a)(1)(A)(iv) shall use such funds to create a new youth apprenticeship program or expand an existing youth apprenticeship program, which may include-- ``(i) paying for the costs associated with curriculum development and alignment of that curriculum with recognized postsecondary credentials including industry-recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment; ``(ii) providing employers, and to the extent practicable, labor organizations and joint labor-management organizations, technical assistance to support the participation of youth apprentices under the age of 18; ``(iii) integrating work-based and academic learning, which may include training in the workplace; ``(iv) providing career exploration and career planning activities, including exploration of postsecondary opportunities such as apprenticeship programs; ``(v) providing technical assistance to support the participation of small- and medium- sized businesses in youth apprenticeship programs; ``(vi) developing or expanding partnerships with organizations that assist program participants in accessing supportive services, which may include the 12-month period after the conclusion of such a youth apprenticeship program; or ``(vii) providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships. ``(2) Incentive funds.-- ``(A) Barriers to employment.--An eligible entity that receives funds under section 201(a)(1)(B)(i) shall use such funds to encourage employer participation in programs under the national apprenticeship system that target individuals with barriers to employment, which may include-- ``(i) providing financial assistance to employers to support costs related to the programs, such as training incumbent workers for participation as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; and ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system. ``(B) High-need social service-related industries.--An eligible entity that receives funds under section 201(a)(1)(B)(ii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system in high need social service-related industries, sectors, or occupations, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors, or employees providing on-the-job training; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) establishing or expanding partnerships with organizations that assist program participants in accessing supportive services to support recruitment, retention, and completion, including providing supplies and equipment necessary to begin a program under the national apprenticeship system; or ``(iv) aligning such program with career pathways and opportunities for advancement along such career pathways. ``(C) Individuals impacted by the justice system.-- An eligible entity that receives funds under section 201(a)(1)(B)(iii) shall use such funds to incentivize employer participation in programs under the national apprenticeship system that target individuals impacted by the criminal or juvenile justice system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; or ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction. ``(D) In-demand industry sector or occupation grants for small- and medium-sized businesses.-- An eligible entity that receives funds under section 201(a)(1)(B)(iv) shall use such funds to encourage participation of small- and medium-sized businesses in programs under the national apprenticeship system, which may include-- ``(i) providing financial assistance to employers to support costs related to the program, such as training incumbent workers as mentors or employees supervising the on-the-job learning; ``(ii) supporting the cost of related instruction, assessment or licensure fees, or wages for program participants during related instruction; ``(iii) providing technical assistance to small- and medium-sized businesses on the program registration process and leveraging other available funds to support carrying out programs supported by this grant; or ``(iv) establishing or expanding partnerships to support program development or expansion, including establishing or expanding industry or sector partnerships to ensure inclusion of small- and medium-sized businesses. ``(3) Intermediary grants.-- ``(A) National industry and equity intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(i) shall use such funds to carry out activities at a national and regional level to support the promotion and expansion of industry or equity intermediaries, which may include-- ``(i) creating partnerships and leveraging collaborations with employers, workforce development organizations, industry associations, labor organizations, and education and training providers to help multiple employers make education and training more affordable and accelerate the expansion of programs under the national apprenticeship system nationwide; ``(ii) assisting employers in expanding programs, starting new programs, and working together to create a pipeline of skilled workers; ``(iii) increasing the participation and completion of nontraditional apprenticeship populations in programs under the national apprenticeship system, which may include-- ``(I) supporting the development, implementation, and scaling of plans and practices; and ``(II) identifying, developing, and disseminating effective program tools and strategies; ``(iv) providing national activities to increase awareness and access to programs, including strategic marketing and outreach, technology improvements, and innovations that make it easier for employers to start programs and for individuals to connect with program opportunities; ``(v) developing and disseminating training or related instruction associated with the program or for curriculum improvements that align with the requirements of the program and learning assessments; or ``(vi) providing industry employees or potential employees with a clear understanding of future career paths and the skills needed to succeed, along with cost effective ways of acquiring those skills through youth apprenticeship, pre-apprenticeship, or apprenticeship programs. ``(B) Local intermediaries.--An eligible entity that receives funds under section 201(a)(1)(C)(ii) may use such funds to carry out activities at a local or regional level to support the promotion and expansion of programs under the national apprenticeship system, which may include-- ``(i) providing training or related instruction associated with the programs or for curriculum improvements that align with the requirements of the programs and learning assessments; ``(ii) engaging with local education and training providers to support related instruction aligned with the needs of high- skill, high-wage, or in-demand industry sectors and occupations, and to the extent practicable, support the provision of academic credit for related instruction; ``(iii) providing services, including business engagement, classroom instruction, and development of partnerships with organizations that assist program participants in accessing supportive services (which may include the 12- month period after the conclusion of the other activities in the youth apprenticeship and pre- apprenticeship programs involved); ``(iv) providing technical assistance on the registration process for a sponsor of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(v) connecting businesses, labor organizations, or joint labor-management organizations with education and training providers to develop related instruction to complement the on-the-job learning portion of a youth apprenticeship, pre-apprenticeship, or apprenticeship program; ``(vi) providing training to employees to serve as on-the-job trainers or mentors to program participants; and ``(vii) providing career exposure, career planning, and career awareness activities. ``(4) Educational alignment grants.--An eligible entity that receives funds under section 201(a)(1)(D) shall use such funds to strengthen alignment between programs under the national apprenticeship system and education and training providers with secondary and postsecondary education systems, including degree and credential requirements, which may include-- ``(A) creating and aligning the related instruction to requirements for a high school diploma or an associate's or bachelor's degree, including through-- ``(i) dual enrollment and credit articulation for youth apprenticeship programs; ``(ii) articulation agreements; or ``(iii) credit transfer agreements; ``(B) creating or expanding career pathways aligned with pre-apprenticeship, youth apprenticeship, or apprenticeship programs; ``(C) providing professional development for teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals to build an understanding of opportunities in the national apprenticeship system available to students and to incorporate such opportunities into academic content and offerings; ``(D) offering prior learning assessments, which may include credit for prior learning to grant advanced standing in a program under the national apprenticeship system and credit towards an associate's or bachelor's degree; ``(E) maintaining a connection between a pre- apprenticeship or youth apprenticeship program and an apprenticeship program; and ``(F) providing training for instructors or mentors. ``SEC. 203. GRANT EVALUATIONS. ``(a) Recipient Reports.--Each recipient of a grant under this section shall-- ``(1) provide for an independent evaluation of the activities carried out under this title during the grant period; ``(2) provide for an annual report and for a final report at the conclusion of the grant period, which include-- ``(A) a description of how the funds received through the grant were used and how the uses of funds aligned with the description in the application specified in section 201(e)(5)(C); ``(B) in the case of an eligible entity that is required to report data under section 131(b)(1), the data collected under such section for the grant period; ``(C) the total number of active program participants served by each of the grant programs; ``(D) the total number that obtained unsubsidized employment in a field related to the apprenticeable occupation; ``(E) the total number of program participants that completed the program in which they were enrolled; ``(F) the average time to completion for each program as compared to the program standards description under paragraphs (1) and (2) of section 123(b); ``(G) the average cost per participant during the most recent program year and the 3 preceding program years; ``(H) the percentage of participants who received support services; and ``(I) the disaggregation of performance data described in subparagraphs (A) through (H)-- ``(i) by the program type (apprenticeship, youth apprenticeship, or pre-apprenticeship program) involved; and ``(ii) by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)); and ``(3) submit each report under paragraph (2)-- ``(A) to the registration agency; and ``(B) to the Administrator. ``(b) Administrator Evaluations.-- ``(1) In general.--The Administrator shall prepare-- ``(A) not later than 36 months after the date of enactment of the National Apprenticeship Act of 2021, an interim evaluation on the activities carried out under grants, contracts, or cooperative agreements awarded under this section; and ``(B) not later than 60 months after the date of enactment of the National Apprenticeship Act of 2021, a final evaluation containing the results of the grant activities. ``(2) Contents.--Such evaluations shall address, for the activities carried out under each grant awarded under this section, the general effectiveness of the activities in relation to their cost, including the extent to which the activities-- ``(A) improve the participation in, retention in, and completion of youth apprenticeship, pre- apprenticeship, and apprenticeship programs by nontraditional apprenticeship populations; ``(B) to the extent feasible, increase the levels of total employment, of attainment of recognized postsecondary credentials, and of measurable skills, above the levels that would have existed in the absence of such activities; ``(C) respond to the needs reflected in State, regional, or local labor market data; ``(D) align with high-skill, high-wage, or in- demand industries or occupations; and ``(E) reach a wide variety of industry sectors and occupations; ``(3) Reports to congress.--Not later than 60 days after the completion of the interim evaluation and the final evaluation described in this section, the Administrator shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report summarizing the findings of the interim evaluations and a report summarizing the final evaluations. ``(4) Public access.--The Administrator shall make the interim and final reports available on a publicly accessible website not later than 60 days after the completion of the interim report and the final report. ``SEC. 204. GRANT APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title: ``(1) $400,000,000 for fiscal year 2022; ``(2) $500,000,000 for fiscal year 2023; ``(3) $600,000,000 for fiscal year 2024; ``(4) $700,000,000 for fiscal year 2025; and ``(5) $800,000,000 for fiscal year 2026.''. SEC. 4. CONFORMING AMENDMENTS. (a) American Competitiveness and Workforce Improvement Act of 1998.--Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed. (b) Immigration and Nationality Act.--Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended-- (1) in the heading, by striking ``for job training'' and inserting ``for programs under the national apprenticeship system''; and (2) by striking ``for demonstration programs and projects described in section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998'' and inserting ``to carry out title II of the National Apprenticeship Act''. Passed the House of Representatives February 5, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 448 (Introduced in House) - Energy Resilient Communities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr448ih/html/BILLS-117hr448ih.htm	DOC 117th CONGRESS 1st Session H. R. 448 To direct the Secretary of Energy to carry out a grant program to improve the energy resilience, energy democracy, and security of communities, prioritizing environmental justice communities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Ms. Barragan (for herself, Ms. Clarke of New York, Mr. Sires, Mr. Espaillat, Ms. Moore of Wisconsin, Mr. Blumenauer, Ms. Schakowsky, Mr. Lawson of Florida, Ms. Norton, Mr. Khanna, Mrs. Hayes, Mr. Hastings, Mr. Tonko, Mr. Huffman, Ms. Velazquez, Ms. Pingree, Mr. Nadler, Mr. Suozzi, Ms. Meng, Mr. Welch, Ms. Houlahan, Ms. Sherrill, Mr. Foster, Mr. Michael F. Doyle of Pennsylvania, Mrs. Carolyn B. Maloney of New York, Mr. Thompson of Mississippi, Ms. Castor of Florida, Mrs. Watson Coleman, Mr. Cleaver, Ms. Bush, Mr. Carson, Ms. Matsui, Ms. Tlaib, Mr. Garcia of Illinois, Mr. McNerney, Ms. Ocasio-Cortez, Mr. Smith of Washington, Mr. Cardenas, Mr. Kim of New Jersey, and Mr. Bowman) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the Secretary of Energy to carry out a grant program to improve the energy resilience, energy democracy, and security of communities, prioritizing environmental justice communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Resilient Communities Act''. SEC. 2. CLEAN ENERGY MICROGRID GRANT PROGRAM. (a) In General.--The Secretary of Energy shall establish and carry out a program to provide grants to eligible entities. (b) Use of Funds.--An eligible entity may use a grant provided under the program established pursuant to subsection (a) to-- (1) obtain technical assistance to-- (A) upgrade building codes and standards for resiliency to climate change hazards (including wildfires, flooding, sea level rise, landslides, drought, storms, temperature extremes, and other extreme weather events); (B) develop a FEMA Hazard Mitigation Plan to identify and overcome known climate change hazards to critical community infrastructure; or (C) conduct a needs assessment of prospective clean energy microgrid projects and, as applicable, design prospective clean energy microgrids, including assistance to address permitting and siting challenges, understand and facilitate financing options, and understand the technical characteristics of clean energy microgrids; (2) provide community outreach and collaborative planning with respect to a prospective project described in paragraph (3); or (3) carry out a project to develop and construct-- (A) a clean energy microgrid that supports critical community infrastructure; or (B) a clean energy microgrid for residences of medical baseline customers. (c) Priority.-- (1) In general.--In providing grants under the program established pursuant to subsection (a), the Secretary of Energy shall give priority to an eligible entity that proposes to use a grant to obtain technical assistance described in subsection (b)(1), provide outreach described in subsection (b)(2), or carry out a project described in subsection (b)(3), that will benefit an environmental justice community. (2) Technical assistance and community outreach grants.-- After priority given under paragraph (1), in providing grants to obtain technical assistance described in subsection (b)(1) or provide outreach described in subsection (b)(2), the Secretary of Energy shall give priority to an eligible entity proposing to obtain technical assistance or provide outreach that the Secretary of Energy determines will further the development of clean energy microgrids that are community-owned energy systems. (3) Clean energy microgrid grants.--After priority given under paragraph (1), in providing grants under the program established pursuant to subsection (a) for projects described in subsection (b)(3), the Secretary of Energy shall give priority to an eligible entity that-- (A) proposes to develop and construct a clean energy microgrid that, in comparison to other clean energy microgrids for which grants are sought under such program, will result in the greatest reduction-- (i) of greenhouse gas emissions; (ii) of emissions of criteria air pollutants; (iii) in public health disparities in communities experiencing a disproportionate level of air pollution; or (iv) in the energy cost burden for communities; (B) proposes to develop and construct a clean energy microgrid that is a community-owned energy system; (C) proposes to develop and construct a clean energy microgrid that, in comparison to other clean energy microgrids for which grants are sought under such program, will provide the greatest amount of resiliency benefits to a jurisdiction in which the microgrid is located; (D) proposes to develop and construct a clean energy microgrid that minimizes land use impacts by-- (i) siting sources of clean energy within the already-built environment, including over rooftops and parking lots; (ii) siting sources of clean energy on existing brownfield sites or contaminated sites; (iii) co-locating sources of clean energy on agricultural lands or over reservoirs; or (iv) siting sources of clean energy on compatible lands; (E) proposes to, in developing and constructing a clean energy microgrid, utilize or involve small businesses or nonprofits that primarily operate or are located within environmental justice communities, particularly those that are women-owned and operated or minority-owned and operated; (F) has previously received a grant to obtain technical assistance under such program; (G) imposes registered apprentice utilization requirements on projects, provided that such requirements comply with the apprentice to journey worker ratios established by the Department of Labor or the applicable State Apprenticeship Agency; or (H) proposes to develop and construct a clean energy microgrid in an area designated nonattainment and classified as an Extreme Area or Severe Area for one or more criteria air pollutants. (d) Educational Outreach Program.-- (1) In general.--Not later than 90 days after funds are made available to carry out this section, the Secretary of Energy shall develop and carry out an educational outreach program to inform eligible entities about the program established pursuant to subsection (a). (2) Contracts.--The Secretary of Energy may enter into third-party contracts to implement the educational outreach program under paragraph (1). In entering into contracts pursuant to this paragraph, the Secretary shall prioritize entering into contracts with women-owned and operated or minority-owned and operated entities. (3) Priority.--The educational outreach program under paragraph (1) shall prioritize-- (A) providing information on the program established pursuant to subsection (a) to eligible entities that serve an environmental justice community and to environmental justice communities; and (B) promoting public understanding of the community benefits of clean energy microgrids for critical community infrastructure. (e) Cost Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of the cost of technical assistance, outreach, or a project for which a grant is provided pursuant to the program established pursuant to subsection (a) shall not exceed 60 percent of such cost. (2) Environmental justice community.--The Federal share of the cost of technical assistance that is obtained for, outreach that is provided to, or a project that is carried out in, an environmental justice community, and for which a grant is provided pursuant to the program established pursuant to subsection (a) shall not exceed 90 percent of such cost. (f) Limitation on Amount.--The amount of a grant provided to an eligible entity under this section to carry out a project described in subsection (b)(3) may not exceed $10,000,000. (g) Use of American Iron, Steel, and Manufactured Goods.-- (1) No funds authorized under this section shall be made available with respect to a project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (2) Paragraph (1) shall not apply in any case or category of cases in which the Secretary of Energy finds that-- (A) applying paragraph (1) would be inconsistent with the public interest; (B) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (C) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (3) If the Secretary of Energy receives a request for a waiver under this subsection, the Secretary shall make available to the public on an informal basis a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available by electronic means, including on the official public website of the Department of Energy. (4) This subsection shall be applied in a manner consistent with the United States obligations under international agreements. (h) Prevailing Wages.--All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (i) Project Labor.--An eligible entity that uses a grant provided under this section to construct a clean energy microgrid shall ensure, to the greatest extent practicable, that any subgrantee of such eligible entity, and any subgrantee thereof, that carries out such construction employs at least 40 percent of laborers or mechanics for such construction that are individuals who-- (1) are domiciled, if the applicable construction area is-- (A) a major urban area, not further than 15 miles from such construction area; or (B) not a major urban area, not further than 50 miles from such construction area; (2) are displaced and unemployed energy workers; (3) are members of the Armed Forces serving on active duty, separated from active duty, or retired from active duty; (4) have been incarcerated or served time in a juvenile or adult detention or correctional facility, or been placed on probation, community supervision, or in a diversion scheme; (5) have a disability; (6) are homeless; (7) are receiving public assistance; (8) lack a general education diploma or high school diploma; (9) are emancipated from the foster care system; (10) reside or work in an environmental justice community; or (11) are registered apprentices with fewer than 15 percent of the required graduating apprentice hours in a program. (j) Reports.--The Secretary of Energy shall submit to Congress, and make available on the public website of the Department of Energy, an annual report on the program established pursuant to subsection (a) that includes, with respect to the previous year-- (1) the number of grants provided; (2) the total dollar amount of all grants provided; (3) a list of grant disbursements by State; (4) for each grant provided-- (A) a description of the technical assistance obtained, outreach provided, or project carried out with grants funds; and (B) whether the grant is provided to obtain technical assistance, provide outreach, or carry out a project with respect to an environmental justice community; and (5) for each grant provided to carry out a clean energy microgrid project-- (A) employment data for such project, including the number of jobs created and what percent of laborers and mechanics hired for such project meet the criteria under subsection (i); (B) the greenhouse gas and criteria air pollutant reduction impacts for such project; (C) the public health benefits from such project; and (D) the reduced energy cost burden from such project. (k) Funding.-- (1) Authorization of appropriations.--For each of fiscal years 2022 through 2031, there is authorized to be appropriated-- (A) $50,000,000 for grants for technical assistance described in subsection (b)(1) and outreach described in subsection (b)(2); and (B) $1,500,000,000 for grants for projects described in subsection (b)(3). (2) Community-owned energy systems.--To the maximum extent practicable, not less than 10 percent of the amount appropriated under paragraph (1)(B) for any fiscal year shall be used to provide grants for projects to develop and construct clean energy microgrids that are community-owned energy systems. (3) Administrative expenses.-- (A) Technical assistance and outreach.--The Secretary may use not more than 2 percent of the amount appropriated for any fiscal year under paragraph (1)(A) for administrative expenses. (B) Clean energy microgrid projects.--The Secretary may use not more than 2 percent of the amount appropriated for any fiscal year under paragraph (1)(B) for administrative expenses, including expenses for carrying out the educational outreach program under subsection (d). (l) Definitions.--In this section: (1) Clean energy.--The term ``clean energy'' means electric energy generated from solar, wind, geothermal, existing hydropower, micro-hydropower, hydrokinetic, or hydrogen fuel cells. (2) Community of color.--The term ``community of color'' means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Non-White Hispanic. (G) Latino. (H) Linguistically isolated. (3) Community-owned energy system.--The term ``community- owned energy system'' means an energy system owned-- (A) by the local government where the system is located; (B) by a nonprofit organization that is based in the local jurisdiction where the energy system is located; (C) collectively, by community members; or (D) by a worker-owned or community-owned for-profit entity. (4) Compatible land.--The term ``compatible land'' means land that is at least 5 miles away from existing protected areas and within 3 miles of existing transmission infrastructure. (5) Critical community infrastructure.--The term ``critical community infrastructure'' means infrastructure that is necessary to providing vital community and individual functions, including-- (A) schools; (B) town halls; (C) public safety facilities; (D) hospitals; (E) health clinics; (F) community centers; (G) community nonprofit facilities providing essential services; (H) libraries; (I) grocery stores; (J) emergency management facilities; (K) water systems; (L) homeless shelters; (M) senior housing; and (N) public or affordable housing. (6) Eligible entity.--The term ``eligible entity'' means-- (A) a State, territory of the United States, or Tribal agency; (B) a local government or political subdivision of a State, including a municipally owned electric utility and an agency, authority, corporation, or instrumentality of a State or Indian Tribe; (C) an electric utility; (D) a nonprofit organization; or (E) a partnership between-- (i) a private entity, or a nonprofit organization, that owns critical community infrastructure; and (ii) a State, territory of the United States, Tribal agency, or local government. (7) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects. (8) Low-income community.--The term ``low-income community'' means any census block group in which 30 percent or more of the population are individuals with an annual household income equal to, or less than, the greater of-- (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (9) Major urban area.--The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. (10) Medical baseline customer.--The term ``medical baseline customer'' means a customer of an electric utility with special energy needs due to a medical condition, including energy needs for-- (A) a motorized wheelchair; (B) a ventilator; (C) a dialysis machine; (D) an apnea monitor; (E) an electrostatic nebulizer; (F) a respirator; (G) medication requiring refrigeration; and (H) for a customer with a vulnerable respiratory system, an air cleaning system. (11) Microgrid.--The term ``microgrid'' means an interconnected system of loads and clean energy resources (including distributed energy resources, energy storage, demand response tools, and other management, forecasting, and analytical tools) which-- (A) is appropriately sized to meet the critical needs of its customers; (B) is contained within a clearly defined electrical boundary and has the ability to operate as a single and controllable entity; (C) has the ability to-- (i) connect to, disconnect from, or run in parallel with the applicable grid region; or (ii) be managed and isolated from the applicable grid region in order to withstand larger disturbances and maintain the supply of electricity to a connected location; (D) has no point of interconnection to the applicable grid region with a throughput capacity in excess of 20 megawatts; and (E) can connect to one building or multiple interconnected buildings. (12) Micro-hydropower.--The term ``micro-hydropower'' means hydropower that produces no more than 100 kilowatts of electricity using the natural flow of water. (13) Produced in the united states.--The term ``produced in the United States'' means, in the case of iron or steel, that all manufacturing processes, including the application of a coating, occur in the United States. (14) Registered apprentice.--The term ``registered apprentice'' means a person in an apprenticeship program that is registered with, and approved by, the United States Department of Labor or a State Apprenticeship Agency in accordance with parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on January 1, 2020). (15) Small business.--The term ``small business'' has the meaning given the term ``small business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). (16) Tribal and indigenous community.--The term ``Tribal and indigenous community'' means a population of people who are members of-- (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of indigenous people located in a State. all
"H.R. 449 (Introduced in House)- To prohibit the use of Federal funds to maintain or collect 
information that can be used to identify any individual to whom a 
COVID–19 vaccine is administered, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr449ih/html/BILLS-117hr449ih.htm	DOC 117th CONGRESS 1st Session H. R. 449 To prohibit the use of Federal funds to maintain or collect information that can be used to identify any individual to whom a COVID-19 vaccine is administered, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Biggs (for himself, Mr. Duncan, and Mr. Cawthorn) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prohibit the use of Federal funds to maintain or collect information that can be used to identify any individual to whom a COVID-19 vaccine is administered, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITING MAINTENANCE OR COLLECTION OF INFORMATION IDENTIFYING COVID-19 VACCINE RECIPIENTS. No funds may be obligated or expended by the Federal Government, including the Centers for Disease Control and Prevention, to maintain a database of, or collect, information that can be used to identify an individual to whom is administered a vaccine that is intended to prevent, mitigate, or treat the virus that causes COVID-19. all
"H.R. 44 (Introduced in House) -To amend title 28, United States Code, to provide that the United 
States district court for the District of Columbia shall have exclusive 
jurisdiction over actions arising under the immigration laws, and for 
other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr44ih/html/BILLS-117hr44ih.htm	DOC 117th CONGRESS 1st Session H. R. 44 To amend title 28, United States Code, to provide that the United States district court for the District of Columbia shall have exclusive jurisdiction over actions arising under the immigration laws, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to provide that the United States district court for the District of Columbia shall have exclusive jurisdiction over actions arising under the immigration laws, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JURISDICTION OVER CASES ARISING UNDER THE IMMIGRATION LAWS. (a) In General.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1370. Jurisdiction over cases arising under the immigration laws ``(a) Notwithstanding any other provision of law, the district court for the District of Columbia shall have exclusive jurisdiction over-- ``(1) any case arising under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)); or ``(2) any claim brought by any foreign national challenging an order of removal from the United States or any other action authorized under the Immigration and Nationality Act.''. (b) Table of Sections.--The table of sections at the beginning of chapter 84 of title 28, United States Code, is amended by adding at the end the following: ``1370. Jurisdiction over cases arising under the immigration laws.''. all
"H.R. 450 (Introduced in House)- To prohibit the use of Federal funds to propose, establish, 
implement, or enforce any requirement that an individual wear a mask or 
other face covering, or be vaccinated, to prevent the spread of 
COVID–19, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr450ih/html/BILLS-117hr450ih.htm	DOC 117th CONGRESS 1st Session H. R. 450 To prohibit the use of Federal funds to propose, establish, implement, or enforce any requirement that an individual wear a mask or other face covering, or be vaccinated, to prevent the spread of COVID-19, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Biggs (for himself, Mr. Duncan, Mr. Cawthorn, and Mr. Roy) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prohibit the use of Federal funds to propose, establish, implement, or enforce any requirement that an individual wear a mask or other face covering, or be vaccinated, to prevent the spread of COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON REQUIREMENTS TO WEAR FACE COVERINGS OR BE VACCINATED. (a) In General.--Subject to subsection (b), no Federal funds may be obligated or expended to propose, establish, implement, or enforce, directly or indirectly through the imposition of a condition on receipt of Federal funds, any requirement that an individual wear a mask or other face covering, or be vaccinated, to prevent the spread of COVID- 19. (b) Exception.--Subsection (a) shall not apply with respect to an individual in a health care setting. all
H.R. 451 (Introduced in House) - Building United States Infrastructure and Leveraging Development Act	https://www.govinfo.gov/content/pkg/BILLS-117hr451ih/html/BILLS-117hr451ih.htm	DOC 117th CONGRESS 1st Session H. R. 451 To amend the Internal Revenue Code of 1986 to increase the national limitation amount for qualified highway or surface freight transfer facility bonds. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Blumenauer (for himself and Mr. Rodney Davis of Illinois) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to increase the national limitation amount for qualified highway or surface freight transfer facility bonds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Building United States Infrastructure and Leveraging Development Act'' or the ``BUILD Act''. SEC. 2. INCREASE NATIONAL LIMITATION AMOUNT FOR QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSFER FACILITY BONDS. (a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking ``$15,000,000,000'' and inserting ``$30,000,000,000''. (b) Application of Davis-Bacon Act Requirements.--Section 142(m) is amended by adding at the end the following new paragraph: ``(5) Application of davis-bacon act requirements.--If any proceeds of any issue are used for construction, alteration, or repair of any facility otherwise described in paragraph (15) of subsection (a), such facility shall be treated for purposes of subsection (a) as described in such paragraph only if each entity that receives such proceeds to conduct such construction, alteration, or repair agrees to comply with the provisions of subchapter IV of chapter 31 of title 40, United States Code with respect to such construction, alteration, or repair.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. all
H.R. 452 (Introduced in House) - Certainty, Assistance, and Relief for Everyone Act	https://www.govinfo.gov/content/pkg/BILLS-117hr452ih/html/BILLS-117hr452ih.htm	DOC 117th CONGRESS 1st Session H. R. 452 To amend the Violence Against Women Act of 2000 to reauthorize the grant program for education, training, and enhanced services to end violence against and abuse of women with disabilities. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Calvert introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Violence Against Women Act of 2000 to reauthorize the grant program for education, training, and enhanced services to end violence against and abuse of women with disabilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Certainty, Assistance, and Relief for Everyone Act'' or the ``CARE Act''. SEC. 2. REAUTHORIZATION OF GRANT PROGRAM FOR EDUCATION, TRAINING, AND ENHANCED SERVICES TO END VIOLENCE AGAINST AND ABUSE OF WOMEN WITH DISABILITIES. Section 1402 of the Violence Against Women Act of 2000 (34 U.S.C. 20122) is amended-- (1) in subsection (e), by striking ``2018'' and inserting ``2024''; and (2) by adding at the end the following new subsection: ``(f) Report.--Not later than 1 year after the date of enactment of the Certainty, Assistance, and Relief for Everyone Act, the Attorney General shall issue a report identifying and describing best practices for State, local, and tribal law enforcement officers and prosecutors in investigating and prosecuting sexual assault cases involving the victimization of individuals with disabilities.''. all
H.R. 453 (Introduced in House) - Help Ensure Legal Detainers Act	https://www.govinfo.gov/content/pkg/BILLS-117hr453ih/html/BILLS-117hr453ih.htm	DOC 117th CONGRESS 1st Session H. R. 453 To deny Federal funding to any State or political subdivision of a State that has in effect any law, policy, or procedure that prevents or impedes a State or local law enforcement official from maintaining custody of an alien pursuant to an immigration detainer issued by the Secretary of Homeland Security, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Calvert (for himself and Mr. Brooks) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To deny Federal funding to any State or political subdivision of a State that has in effect any law, policy, or procedure that prevents or impedes a State or local law enforcement official from maintaining custody of an alien pursuant to an immigration detainer issued by the Secretary of Homeland Security, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the-- (1) ``Help Ensure Legal Detainers Act''; or (2) ``HELD Act''. SEC. 2. DENIAL OF FEDERAL FUNDING TO STATES AND UNITS OF LOCAL GOVERNMENT THAT FAIL TO RESPOND TO IMMIGRATION DETAINERS. (a) In General.--With respect to fiscal years beginning after the date of the enactment of this Act, no Federal funds may be used to assist any project or activity carried out by a State, or a political subdivision of a State, described in subsection (b). (b) States and Political Subdivisions Described.--A State, or political subdivision of a State, described in this subsection is any State, or political subdivision of a State, that has in effect any law, policy, or procedure that prevents or impedes State or local law enforcement officials from-- (1) timely responding to an immigration notice issued by the Secretary of Homeland Security that requests information about an alien in State or local custody, including the alien's estimated release date, in order that the Secretary may arrange to assume custody of the alien upon such release; or (2) maintaining custody of an alien for a period of up to 48 hours (excluding Saturdays, Sundays and holidays) pursuant to an immigration detainer issued by the Secretary of Homeland Security in order that the alien can be transferred to the custody of such Secretary to determine whether the alien should be detained, placed in removal proceedings, released, or removed. (c) Construction.--A political subdivision of a State that is not ineligible under subsection (a) to receive Federal funds, but is part of a State or another unit of government that is so ineligible, may submit, notwithstanding any other provision of law, an application for direct receipt of any funds that the political subdivision otherwise only would receive through subgrant, allocation, or allotment made by the ineligible State or government unit. all
H.R. 454 (Introduced in House) - Protect Patriot Parents Act	https://www.govinfo.gov/content/pkg/BILLS-117hr454ih/html/BILLS-117hr454ih.htm	DOC 117th CONGRESS 1st Session H. R. 454 To render certain military parents eligible for adjustment of status, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Carbajal introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To render certain military parents eligible for adjustment of status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect Patriot Parents Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN MILITARY PARENTS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ``(n)(1) In applying this section to an alien described in paragraph (2)-- ``(A) such alien shall be deemed, for purposes of subsection (a), to have been inspected and admitted into the United States; and ``(B) in determining the alien's admissibility as an immigrant-- ``(i) paragraphs (6)(A), (7)(A), and (9)(B) of section 212(a) shall not apply; and ``(ii) the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C), (9)(A), and (9)(C) of section 212(a) if the alien establishes to the satisfaction of the Secretary that the alien does not pose a threat to the public and has not committed any criminal offenses in violation of Federal or State law unrelated to the alien's status. ``(2) An alien is described in this paragraph if the alien-- ``(A) is a parent of a United States citizen who-- ``(i) is or was serving on active duty in the United States Armed Forces or in a reserve component of the United States Armed Forces; and ``(ii) if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions; and ``(B) is the beneficiary of a petition for classification under section 204(a)(1)(A) as an immediate relative (as defined in section 201(b)) by reason of the parental relationship to such citizen.''. SEC. 3. TREATMENT OF CERTAIN GROUNDS FOR INADMISSIBILITY FOR CERTAIN MILITARY PARENTS. Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following: ``(c)(1) In determining the admissibility as an immigrant of an alien described in paragraph (2)-- ``(A) subsection (a)(9)(B) shall not apply; and ``(B) the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C), (9)(A), and (9)(C) of subsection (a) if the alien establishes to the satisfaction of the Secretary that the alien does not pose a threat to the public and has not committed any criminal offenses in violation of Federal or State law unrelated to the alien's status. ``(2) An alien is described in this paragraph if the alien-- ``(A) is a parent of a United States citizen who-- ``(i) is or was serving on active duty in the United States Armed Forces or in a reserve component of the United States Armed Forces; and ``(ii) if discharged or released from service in the Armed Forces, was discharged or released under honorable conditions; and ``(B) is the beneficiary of a petition for classification under section 204(a)(1)(A) as an immediate relative (as defined in section 201(b)) by reason of the marriage to such citizen.''. SEC. 4. ELIGIBILITY OF REMOVED OR VOLUNTARILY DEPARTED ALIENS. (a) In General.--The Secretary of Homeland Security and the Secretary of State shall take such steps as may be necessary to ensure that eligible aliens who were removed or permitted to depart voluntarily from the United States before the date of the enactment of this Act may apply from abroad for an immigrant visa pursuant to the amendment made by section 3. (b) Nonimmigrant Admission Pending Adjudication.--The Secretary of Homeland Security and the Secretary of State shall establish a program under which an eligible alien with a pending application made under subsection (a) may be authorized to enter the United States as a nonimmigrant to reunite with their United States citizen son or daughter during the period in which such application, and an associated application for adjustment of status, remain pending. In determining whether an alien is eligible to be admitted to the United States as a nonimmigrant under this subsection, the Secretary of Homeland Security and the Secretary of State shall require the alien to establish to the satisfaction of each Secretary that the alien does not pose a threat to the public or to national security. In determining the admissibility as a nonimmigrant of an alien described in this subsection, the Secretary of Homeland Security, in the discretion of the Secretary, may waive the application of paragraphs (6)(C) and (9) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). all
H.R. 455 (Introduced in House) - California Clean Coast Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr455ih/html/BILLS-117hr455ih.htm	DOC 117th CONGRESS 1st Session H. R. 455 To permanently prohibit oil and gas leasing off the coast of the State of California, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Carbajal (for himself, Mr. Khanna, Ms. Matsui, Mr. Vargas, Mr. Sherman, Ms. Barragan, Mr. Panetta, Mr. Garamendi, Mrs. Napolitano, Ms. Lee of California, Mr. Gomez, Mr. Schiff, Mr. Bera, Mr. Levin of California, Ms. Brownley, Mr. Lowenthal, Ms. Chu, Ms. Eshoo, Mr. Huffman, Mr. McNerney, Mrs. Torres of California, Ms. Lofgren, Mr. Takano, and Mr. Aguilar) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To permanently prohibit oil and gas leasing off the coast of the State of California, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``California Clean Coast Act of 2021''. SEC. 2. PROHIBITION OF OIL AND GAS LEASING IN AREAS OF THE OUTER CONTINENTAL SHELF LOCATED OFF THE COAST OF CALIFORNIA. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Prohibition of Oil and Gas Leasing in Areas of the Outer Continental Shelf Located Off the Coast of California.-- ``(1) In general.--Notwithstanding any other provision of this Act or any other law and except as provided in paragraph (2), beginning on the date of enactment of this subsection, the conduct of oil and gas preleasing, leasing, and related activities is prohibited in areas of the outer Continental Shelf located off the coast of the State of California. ``(2) Effect.--Nothing in this subsection affects any rights under leases issued under this Act before the date of enactment of this subsection.''. all
H.R. 456 (Introduced in House) - California Land Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr456ih/html/BILLS-117hr456ih.htm	DOC 117th CONGRESS 1st Session H. R. 456 To require a new supplemental environmental impact statement for oil and gas development in the Bakersfield Field Office planning area, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Carbajal (for himself, Ms. Brownley, and Mr. Panetta) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To require a new supplemental environmental impact statement for oil and gas development in the Bakersfield Field Office planning area, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``California Land Protection Act''. SEC. 2. DELAY OF OIL AND GAS DEVELOPMENT IN THE BAKERSFIELD FIELD OFFICE PLANNING AREA. (a) New Supplemental Environmental Impact Statement Required.-- Notwithstanding any other provision of law, the Record of Decision for the Bakersfield Field Office Hydraulic Fracturing published on December 12, 2019, shall have no force or effect until the Director of the Bureau of Land Management completes and circulates for public comment a new supplemental environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) that considers the environmental effects of all oil and gas development in the Bakersfield Field Office planning area, as such area is described by the Director of the Bureau of Land Management, including considering the effects on-- (1) air quality; (2) greenhouse gas emissions and the climate; (3) groundwater quality and availability; (4) surface water quality and availability; (5) seismicity; (6) wildlife and plant species, including threatened species and endangered species; and (7) low-income communities, communities of color, and indigenous communities, including federally- and State- recognized Indian Tribes. (b) Environmental Protection Agency Review.-- (1) In general.--Not later than 180 days after the date on which the supplemental environmental impact statement required by subsection (a) is published, the Administrator of the Environmental Protection Agency shall review and publish comments regarding such statement, including by-- (A) identifying whether there would be any significant environmental impacts of oil and gas leasing in the Bakersfield Field Office planning area that should be avoided to adequately protect the natural resources of such area; or (B) making a determination whether the new supplemental environmental impact statement required by subsection (a) contains sufficient information to assess the environmental impacts of all oil and gas development in the Bakersfield Field Office planning area. (2) Effect of determination of insufficient information.-- If the Administrator of the Environmental Protection Agency identifies a significant impact under paragraph (1)(A) or determines there is insufficient information under paragraph (1)(B), the Director of the Bureau of Land Management shall consult with the Administrator before taking any action to proceed with Federal oil and gas leasing in the Bakersfield Field Office planning area. all
H.R. 457 (Introduced in House) - Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act	https://www.govinfo.gov/content/pkg/BILLS-117hr457ih/html/BILLS-117hr457ih.htm	DOC 117th CONGRESS 1st Session H. R. 457 To prohibit Executive agencies from using the derogatory term ``alien'' to refer to an individual who is not a citizen or national of the United States, to amend chapter 1 of title 1, United States Code, to establish a uniform definition for the term ``foreign national'', and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Castro of Texas (for himself, Mr. Grijalva, Ms. Barragan, Mr. Soto, Ms. Garcia of Texas, Mr. Garcia of Illinois, Ms. Roybal-Allard, Mr. Vargas, Mr. Aguilar, Mrs. Trahan, Ms. Escobar, and Mr. Gallego) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit Executive agencies from using the derogatory term ``alien'' to refer to an individual who is not a citizen or national of the United States, to amend chapter 1 of title 1, United States Code, to establish a uniform definition for the term ``foreign national'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Correcting Hurtful and Alienating Names in Government Expression (CHANGE) Act''. SEC. 2. MODERNIZATION OF LANGUAGE REFERRING TO INDIVIDUALS WHO ARE NOT CITIZENS OR NATIONALS OF THE UNITED STATES. An Executive agency (as defined in section 105 of title 5, United States Code) shall not use the following terms in any proposed or final rule, regulation, interpretation, publication, other document, display, or sign issued by the agency after the date of the enactment of this Act, except to the extent that the term is used in quoting or reproducing text written by a source other than an officer (as defined in section 2104 of title 5, United States Code) or employee (as defined in section 2105 of title 5, United States Code) of the agency: (1) The term ``alien'', when used to refer to an individual who is not a citizen or national of the United States. (2) The term ``illegal alien'' when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States. SEC. 3. UNIFORM DEFINITION. (a) In General.--Chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``Sec. 9. Definition of `foreign national' ``In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of various administrative bureaus and agencies of the United States, the term `foreign national' means any individual other than an individual-- ``(1) who is a citizen of the United States; or ``(2) though not a citizen of the United States, who owes permanent allegiance to the United States.''. (b) Technical Amendment.--The table of sections for chapter 1 of title 1, United States Code, is amended by adding at the end the following: ``9. Definition of `foreign national'.''. SEC. 4. REFERENCES. (a) In General.--Any reference in any Federal statute, rule, regulation, Executive order, publication, or other document of the United States-- (1) to the term ``alien'', when used to refer to an individual who is not a citizen or national of the United States, is deemed to refer to the term ``foreign national''; and (2) to the term ``illegal alien'', when used to refer to an individual who is unlawfully present in the United States or who lacks a lawful immigration status in the United States, is deemed to refer to the term ``undocumented foreign national''. (b) Conforming Amendments.-- (1) Section 421(5)(A)(ii)(II) of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658(5)(A)(ii)(II)) is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (2) Section 432(e) of the Homeland Security Act of 2002 (6 U.S.C. 240(e)) is amended by striking ``illegal alien'' and inserting ``undocumented foreign national''. (3) Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is amended in the section heading by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (4) Section 280(b)(3)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1330(b)(3)(A)(iii)) is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (5) Section 286(r)(3)(ii) of the Immigration and Nationality Act (8 U.S.C. 1356(r)(3)(ii)) is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. (6) Section 501 of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365) is amended-- (A) in the section heading, by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''; (B) in the subsection heading for subsection (b), by striking ``Illegal Aliens'' and inserting ``Undocumented Foreign Nationals''; and (C) by striking ``illegal alien'' each place such term appears and inserting ``undocumented foreign national''. (7) Section 332 of the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 1366) is amended by striking ``illegal aliens'' each place such term appears and inserting ``undocumented foreign nationals''. (8) Section 411(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(d)) is amended in the subsection heading by striking ``Illegal Aliens'' and inserting ``Undocumented Foreign Nationals''. (9) Section 106(e) of the Public Works Employment Act of 1976 (42 U.S.C. 6705(e)) is amended in the subsection heading by striking ``Illegal Aliens'' and inserting ``Undocumented Foreign Nationals''. (10) Section 40125(a)(2) of title 49, United States Code, is amended by striking ``illegal aliens'' and inserting ``undocumented foreign nationals''. all
H.R. 458 (Introduced in House) - Jakelin Caal Death in Custody Reporting Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr458ih/html/BILLS-117hr458ih.htm	DOC 117th CONGRESS 1st Session H. R. 458 To require investigations and reports regarding individuals who died in the custody of certain Federal authorities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Castro of Texas (for himself, Mr. Espaillat, Ms. Roybal-Allard, Mr. Vargas, Ms. Escobar, Ms. Velazquez, Ms. Garcia of Texas, Mr. Cardenas, and Mr. Gallego) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require investigations and reports regarding individuals who died in the custody of certain Federal authorities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jakelin Caal Death in Custody Reporting Act of 2021''. SEC. 2. INVESTIGATION AND REPORTING OF INDIVIDUALS WHO DIED IN THE CUSTODY OF FEDERAL IMMIGRATION ENFORCEMENT AGENCIES. (a) Investigation.-- (1) In general.--Not later than 30 days after the death of an alien in the custody of the Department of Homeland Security, the Secretary of Homeland Security shall conduct an investigation into such death, which shall include a root cause analysis that identifies any changes to policies, practices, training curricula, staffing, or potential system-wide errors that could reduce the probability of such an event in the future. Such root cause analysis shall include consultation with and input from appropriately qualified personnel, who, at a minimum, shall consist of a medical professional qualified in any field germane to such death, and shall be performed in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy promulgated by The Joint Commission. (2) Public availability.--Not later than 30 days after the conclusion of the investigation required under paragraph (1), the Secretary of Homeland Security shall make publicly available on the website of the Department of Homeland Security a report describing the results of such investigation, including the root cause analysis described in such paragraph. (b) Reporting.-- (1) In general.--The Chief of the U.S. Border Patrol and Director of U.S. Immigration and Customs Enforcement shall submit to the appropriate congressional committees and post on a publicly available website of the Department of Homeland Security not later than 24 hours after the death of any individual in the custody of the U.S. Border Patrol or U.S. Immigration and Customs Enforcement, as the case may be, in the temporary custody of other law enforcement agencies on behalf of such agencies, or after the use of force by an agent or officer of such agencies a report relating to each such death. (2) Elements.--Each report under paragraph (1) shall include information that, at minimum, includes the following with respect to each death that is the subject of each such report: (A) The name, gender, race, ethnicity, and age of the deceased. (B) The date, time, and location of such death. (C) A description of the circumstances surrounding such death. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 3. INVESTIGATION AND REPORTING OF INDIVIDUALS WHO DIED IN THE CUSTODY OF THE OFFICE OF REFUGEE RESETTLEMENT. (a) Investigation.-- (1) In general.--Not later than 30 days after the death of an alien in the custody of the Department of Health and Human Services, the Secretary of Health and Human Services shall conduct an investigation into such death, which shall include a root cause analysis that identifies any changes to policies, practices, training curricula, staffing, or potential system- wide errors that could reduce the probability of such an event in the future. Such root cause analysis shall include consultation with and input from appropriately qualified personnel, who, at a minimum, shall consist of a medical professional qualified in any field germane to such death, and shall be performed in accordance with professional medical standards for investigating sentinel events in medical care facilities, including the Sentinel Event Policy promulgated by The Joint Commission. (2) Public availability.--Not later than 30 days after the conclusion of the investigation required under paragraph (1), the Secretary of Health and Human Services shall make publicly available on the website of the Department of Health and Human Services a report describing the results of such investigation, including the root cause analysis described in such paragraph. (b) Reporting.-- (1) In general.--The Director of the Office of Refugee Resettlement of the Department of Health and Human Services shall submit to the appropriate congressional committees and post on a publicly available website of the Department not later than 24 hours after the death of any individual in the custody of such Office a report relating to each such death. (2) Elements.--Each report under paragraph (1) shall include information that, at minimum, includes the following with respect to each death that is the subject of each such report: (A) The name, gender, race, ethnicity, and age of the deceased. (B) The date, time, and location of death. (C) A description of the circumstances surrounding the death. (3) Definition.--In this subsection, the term ``appropriate congressional committees'' means the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate. all
H.R. 459 (Introduced in House) - Halt Unchecked Member Benefits with Lobbying Elimination Act	https://www.govinfo.gov/content/pkg/BILLS-117hr459ih/html/BILLS-117hr459ih.htm	DOC 117th CONGRESS 1st Session H. R. 459 To amend title 18, United States Code, to prohibit former Members and elected officers of Congress from lobbying Congress at any time after leaving office, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Ms. Craig introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Rules, Ethics, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit former Members and elected officers of Congress from lobbying Congress at any time after leaving office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Halt Unchecked Member Benefits with Lobbying Elimination Act'' or the ``HUMBLE Act''. SEC. 2. PROHIBITING FORMER MEMBERS AND OFFICERS OF CONGRESS FROM LOBBYING CONGRESS. (a) Prohibition.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members and elected officers of congress.--Any person who is a Senator, a Member of the House of Representatives, or an elected officer of the Senate or the House of Representatives and who, after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendments.--Section 207(e)(2) of such title is amended-- (1) in the heading, by striking ``Officers and staff'' and inserting ``Staff''; (2) by striking ``an elected officer of the Senate, or''; (3) by striking ``leaves office or employment'' and inserting ``leaves employment''; and (4) by striking ``former elected officer or''. (c) Effective Date.--The amendments made by this section shall apply with respect to an individual who leaves office on or after the date of the enactment of this Act. SEC. 3. PROHIBITING USE OF FUNDS FOR OFFICIAL TRAVEL EXPENSES OF MEMBERS OF CONGRESS AND LEGISLATIVE BRANCH EMPLOYEES FOR AIRLINE ACCOMMODATIONS OTHER THAN COACH CLASS. (a) Prohibition.--Except as provided in subsection (b), no funds appropriated or otherwise made available for the official travel expenses of a Member of Congress or other officer or employee of any office in the legislative branch may be used for airline accommodations which are not coach-class accommodations. (b) Exceptions.--Funds described in subsection (a) may be used for airline accommodations which are not coach-class accommodations for an individual described in subsection (a) if the use of the funds for such accommodations would be permitted under sections 301-10.121 through 301-10.125 of title 41 of the Code of Federal Regulations if the individual were an employee of an agency which is subject to chapter 301 of such title. (c) Rule of Construction.--Nothing in this Act may be construed to affect any officer or employee of an office of the legislative branch which, as of the date of the enactment of this Act, is subject to chapter 301 of title 41 of the Code of Federal Regulations. (d) Definitions.-- (1) Coach-class accommodations.--In this Act, the term ``coach-class accommodations'' means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers. (2) Member of congress.--In this Act, the term ``Member of Congress'' means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (e) Effective Date.--This section shall apply with respect to fiscal year 2022 and each succeeding fiscal year. SEC. 4. BENEFITS AND SERVICES PROVIDED TO FORMER MEMBERS OF THE HOUSE OF REPRESENTATIVES. (a) Benefits and Services Described.--The House of Representatives may not make any of the following benefits and services available to an individual who becomes a former Member of the House (except to the extent such benefits and services are made available to members of the public): (1) Access to the Hall of the House. (2) Access to athletic facilities and other facilities available for the use of Members of the House. (3) Access to the Members' Dining Room located in the House of Representatives wing of the United States Capitol. (4) Access to parking spaces. (5) Access to material from the House document room. (6) Use of the collections in the House Legislative Resource Center without borrowing privileges. (b) Waiver Authority.-- (1) Authority to waive elimination of benefit or service.-- The Speaker and the Minority Leader of the House of Representatives may jointly, on a case-by-case basis, grant a waiver of subsection (a) with respect to a former Member of the House and a benefit or service described in such subsection. (2) Publication in congressional record.--If the Speaker and the Minority Leader jointly grant a waiver under paragraph (1) to make a benefit or service available to a former Member, the Speaker and Minority Leader shall, not later than 24 hours after the waiver is granted, caused to have published in the Congressional Record a statement identifying the former Member and the benefit or service involved. SEC. 5. PROHIBITING MEMBERS OF HOUSE OF REPRESENTATIVES FROM OWNING INDIVIDUAL STOCKS. (a) In General.--Rule XXIII of the Rules of the House of Representatives (known as the ``Code of Official Conduct'') is amended by redesignating clause 22 as clause 23 and inserting after clause 21 the following: ``22. A Member, Delegate, or Resident Commissioner may not own the common stock of any individual corporation.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect immediately before noon on January 3, 2023. all
H.R. 45 (Introduced in House) - Grant’s Law	https://www.govinfo.gov/content/pkg/BILLS-117hr45ih/html/BILLS-117hr45ih.htm	DOC 117th CONGRESS 1st Session H. R. 45 To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Grant's Law''. SEC. 2. MANDATORY DETENTION FOR CERTAIN ALIENS ARRESTED FOR THE COMMISSION OF CERTAIN OFFENSES. Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``or'' at the end; (B) in subparagraph (D), by adding ``or'' at the end; and (C) by inserting after subparagraph (D) the following: ``(E) is-- ``(i) determined by the Secretary of Homeland Security to be unlawfully present in the United States; and ``(ii) arrested for any offense described in subparagraphs (A) through (D) the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a),''; and (2) in paragraph (2)-- (A) by striking ``The Attorney General'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security''; (B) by striking ``the Attorney General'' each place such term appears and inserting ``the Secretary''; and (C) by adding at the end the following: ``(B) Arrested but not convicted aliens.--The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed.''. SEC. 3. EXPEDITED INITIATION OF REMOVAL PROCEEDINGS. Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the following: ``(3) In the case of any alien held pursuant to section 236(c)(1)(E), the Secretary of Homeland Security shall complete removal proceedings by not later than 90 days after such alien is detained.''. all
H.R. 460 (Introduced in House) - Health Force, Resilience Force, and Jobs To Fight COVID–19 Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr460ih/html/BILLS-117hr460ih.htm	DOC 117th CONGRESS 1st Session H. R. 460 To provide for the establishment of a standing Health Force and a Resilience Force to respond to public health emergencies and meet public health needs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Crow (for himself, Mr. Panetta, Ms. Underwood, Mr. Phillips, Ms. Houlahan, Ms. Norton, Ms. DeGette, Ms. Chu, Mr. Lawson of Florida, and Mr. Morelle) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the establishment of a standing Health Force and a Resilience Force to respond to public health emergencies and meet public health needs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Force, Resilience Force, and Jobs To Fight COVID-19 Act of 2021''. SEC. 2. HEALTH FORCE. (a) Purpose.--It is the purpose of the Health Force established under this section to recruit, train, and employ a standing workforce of Americans to respond to the COVID-19 pandemic in their communities, provide capacity for ongoing and future public health care needs, and build skills for new workers to enter the public health and health care workforce. (b) Establishment.--The Centers for Disease Control and Prevention, through its State, local, territorial, and Tribal partners, shall establish a standing Health Force (referred to in this section as the ``Force'') composed of community members dedicated to preventing and responding to public health crises and emergencies, including those declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act, including the COVID-19 emergency, and providing increased capacity to address ongoing and future public and community health needs. (c) Organization and Administration.--The Centers for Disease Control and Prevention shall-- (1) award grants, contracts, or enter into cooperative agreements for the recruitment, hiring, training, managing, administration, and organization of the Force to States, localities, territories, Indian Tribes, Tribal organizations, urban Indian health organizations, health service providers to Tribes, Native Hawaiian health organizations, community health centers, or federally qualified health centers (referred to in this section as ``Funded Entities''); (2) ensure that State, county, local health departments, agencies, and community-based organizations, including community health centers and clinics, receive funding from Funded Entities or directly from the Centers for Disease Control and Prevention for the recruitment, hiring, training, managing, administration, and organization of the Force, as appropriate; (3) provide assistance for expenses incurred by Funded Entities prior to the awarding of a grant, contract, or cooperative agreement under subparagraph (A) to facilitate the implementation of the Force, including assistance for planning and recruitment activities, as provided for in section 424 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189b); and (4) award and obligate funds as soon as is practicable, and where possible, not later than 30 days after the date of enactment of this Act. (d) Funding Allocations.-- (1) In general.--Of the total amount of funds appropriated under this section for a fiscal year-- (A) not less than 5 percent shall be awarded to Indian Tribes, Tribal organizations, urban Indian health organizations, health service providers to Tribes, or Native Hawaiian health organizations under subsection (c)(1), of which 80 percent shall be awarded in proportion to population size and 20 percent shall be awarded based on the burden of disease and disability; (B) not less than 80 percent shall be awarded to States and territories under subsection (c)(1), of which-- (i) 60 percent shall be awarded in proportion to population size, 20 percent shall be awarded based on the number of jobs lost over the preceding 12 months in each State or territory as a proportion of all jobs lost nationally during that timeframe, and 20 percent shall be awarded based on the burden of disease and disability; (ii) not less than 40 percent shall be allocated for State health departments; and (iii) not less than 40 percent shall be allocated for county and other local health departments within the State. (2) Supplement and not supplant.--Funds appropriated under this section shall be used to supplement, not supplant any existing funding for Indian Tribes, Tribal organizations, urban Indian health organizations, health service providers to Tribes, Native Hawaiian health organizations, States, territories, State health departments, county and other local health departments. (e) Service.-- (1) Minimum requirements.--The Force shall be composed of eligible members selected by Funded Entities. At a minimum, Funded Entities shall ensure that membership in the Force is not restricted based on education or citizenship status. Eligible individuals shall include those who are-- (A) at least 18 years of age; and (B) authorized to work in the United States, including an individual with Deferred Action for Childhood Arrivals status (DACA) or Temporary Protected Status (TPS) under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a). (2) Recruitment.--With respect to the employment of Force members, Funded Entities shall support recruitment efforts for Force personnel who are from or reside in the locality in which they will serve, including efforts to recruit Force members among focal communities as described in subsection (h), as well as dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, underemployed or furloughed workers, graduates and students from Historically Black Colleges and Universities, Tribal Colleges and Universities, Hispanic Serving Institutions and historically marginalized populations. As practicable, State labor offices shall share information about Force opportunities with those individuals applying for or receiving unemployment benefits. (3) Preference.--Notwithstanding any other provision of law, preference in the hiring of Force members shall be given to individuals who are dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, underemployed or furloughed workers, or community- based nonprofit or public health or health care professionals, from focal communities as described in subsection (h), or unemployed or underemployed individuals. First priority in such hiring shall be given to individuals who are previous employees of Funded Entities (or subawardees under paragraph (9)) who were, within the 2020 or 2021 calendar year, furloughed, laid off, subject to a reduction in force, placed or went on leave, or have recall rights subject to collective bargaining agreement or applicable personnel policies. (4) Placement.--To the extent feasible, as determined by Funded Entities, members of the Force shall be recruited from and serve in their home communities. Force members shall be physically co-located within State, local, territorial, Tribal health departments, or within other eligible organizations as defined by subsection (c)(1). According to local needs, Force members may be physically co-located with other local public health, health care, and community-based organizations, including community health centers and free and charitable clinics, as determined appropriate by Funded Entities. (5) Training.-- (A) Contact tracing training.-- (i) In general.--The Director of the Centers for Disease Control and Prevention (referred to in this section as ``Director'') shall continue to provide contact tracing guidance and resources on their public internet website, including contact tracing training plans, for Force members to successfully conduct contact tracing activities under subsection (f)(1). Funded Entities shall determine which Force members will be provided with contact tracing training to meet State, locality, territory, and Tribal public health needs. (ii) Training by funded entities.--Funded Entities may provide contact tracing training using the guidance and resources described in clause (i) or other evidence-informed programs, including training programs carried out by the Association of State and Territorial Health Officials and by academic institutions. (B) Additional training.--Not later than 90 days after the date of enactment of this Act, the Director shall identify and, as necessary, develop additional evidence-informed training resource packages to provide Force members the knowledge and skills necessary to conduct the full complement of activities describe in subsections (f) and (g). Funded Entities shall determine which Force members will be provided with additional training to meet State, locality, territory, and Tribal public health needs. (C) Specialized training.--In organizing the Force under this section, the Director may elect to establish divisions of Force members who receive specialized comprehensive training, including divisions of Force members who have met State licensure requirements, have prior relevant experience, have supervisory skills, or demonstrated aptitude. (D) Training requirements.--The training programs under this paragraph shall-- (i) be adaptable by Funded Entities to meet local needs; (ii) be implemented as quickly as possible by either or both of the Centers for Disease Control and Prevention and Funded Entities, based on local needs and abilities; (iii) be distance-based eLearning that can be accessed electronically, including by using a smartphone, with the goal of limiting opportunities for disease transmission while maximizing knowledge and skills acquisition and retention among Force trainees; (iv) include refresher training at regular and frequent intervals as determined appropriate by the Director or Funded Entities; (v) incorporate training components on personal safety, including staying safe around animals in the context of home visits, use of personal protective equipment, and health privacy and ethics; and (vi) leverage existing training and certification programs approved by States, territories, Tribal Nations, and community health worker certifying bodies. (E) Miscellaneous.--Where determined necessary, the Director may-- (i) recommend training under this paragraph that includes face-to-face interaction; (ii) collaborate with, including through grants or cooperative agreements, public universities, including nursing, medical, and veterinary schools, community colleges, or other career and technical education institutes, community health centers, federally qualified health centers, community health worker and community health representative training and certification programs, and other community-based organizations, federally recognized Minority Serving Institutions, as well as public health associations and State and local health departments, to develop and implement training under this subparagraph, particularly for skills that typically have licensure requirements; and (iii) develop training and communications materials in multiple languages. (F) Payment during training.--Force members shall be paid for each hour spent in training, including refresher training. (G) Supporting public health career growth.--Funded Entities shall support public health career development and growth of Force members, including by-- (i) providing additional disaster relief employment and training activities described in subparagraphs (A) and (C) of section 170(d)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(1)(A) and (C)) and services described in section 7(a)(1) of the Wagner- Peyser Act (29 U.S.C. 49f(a)(1)), as appropriate; (ii) providing opportunities for Force members to maintain employment, continuing education, and career advancement in health services or health promotion and advocacy roles, including community health worker roles, after the COVID-19 public health emergency has concluded, including by serving in roles described in subsection (g); and (iii) assisting Force members in obtaining other public health employment directly with the Funded Entity or with a unit of State, territorial, Tribal, or local government after the COVID-19 public health emergency has concluded, including by paying the costs of not more than 10 percent of the total compensation provided by the eligible entity or unit of local government to such eligible individual for a period of not more than the first year in which the individual is so employed, if such employment is not otherwise subsidized under this or any other Act. (6) Force member compensation.-- (A) In general.--Members of the Force shall be full-time employees paid directly by Funded Entities (and subawardees under paragraph (9)) using funds provided by the Centers for Disease Control and Prevention under grants, contracts, or cooperative agreements under this section. (B) Compensation.--Notwithstanding any other provision of law, for fiscal year 2021 and each fiscal year thereafter, all Force members, including supervisors, shall be paid a wage and fringe benefits not less than the minimum wage and fringe benefits established in accordance with chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''). (C) Authority.--With respect to subparagraph (B), the Secretary of Labor, or the Secretary's authorized representative, shall have the authority and functions set forth in chapter 67 of title 41, United States Code. (D) Methodology.--With respect to subparagraph (B), the Secretary of Labor, or the Secretary's authorized representative, shall issue a nonstandard wage determination, subject to periodic revision, establishing minimum wages and fringe benefits for each class of Force members in accordance with the prevailing rates for those positions or, where a collective-bargaining agreement is in effect, in accordance with the rates provided for in the agreement, including prospective wage and fringe benefits increases provided under the agreement. (E) Sense of congress.--It is the sense of Congress that Force member compensation shall include health, retirement, and paid family and medical leave benefits. (7) Supervisory structures.--Members of the Force shall receive ongoing supportive supervision from staff members of Funded Entities (or subawardees under paragraph (9)), in accordance with evidence-informed practices. Entities funded under this section may choose the most appropriate supervisory structure to use based on local needs, and may promote Force members into supervisory roles. Such supervision may also be provided by Disease Intervention Specialists. Funded Entities may use funds awarded under grants, contacts, or cooperative agreements under this section to pay for such supervisory staff and structures in accordance with paragraph (6). (8) Supplies and equipment.--Members of the Force and their supervisors shall receive all necessary supplies and equipment, including personal protective equipment, through Funded Entities, which may use funds awarded under grants, contracts, or cooperative agreements under this section to pay for such supplies and equipment. (9) Subawards.--As authorized by the Centers for Disease Control and Prevention, Funded Entities shall make subawards to local partners, including community health centers, labor organizations, labor-management partnerships, and other community-based and nonprofit organizations, in order to facilitate Force member recruitment, training, management, supervision, and retention as well as to facilitate Force integration into existing public health, health care, and community-based services in accordance with paragraph (6). (10) Service in public health emergency.--A Funded Entity shall assign one or more Force members to respond to a public health emergency in the area served by such entity. Such Force members shall be under the supervision and management of the involved State, locality, territory, Indian Tribe, Tribal organization, urban Indian health organization, health service providers to Tribes, Native Hawaiian health organization, community health center, federally qualified health center, or other local partner. (11) Service post emergency.--A Funded Entity may retain Force members in accordance with paragraph (6) to continue to work in the area served by the entity after a public health emergency has ended in order to-- (A) prevent and respond to future public health crises and emergencies; and (B) respond to ongoing and future public health, community health, and health care needs. (12) Limitation.--A Force member may not be assigned for international deployment on behalf of the Health Force. (13) Funding.--All costs associated with the service and functions of Force members under this section, including salary and employment benefits described under paragraph (6), as well as associated direct and indirect costs, shall be paid by the Federal Government through grants, contracts, or cooperative agreements to Funded Entities. (14) Nondisplacement.--Funded Entities (and subawardees under paragraph (9)) shall not displace an employee, including partial displacement such as a reduction in hours, wages, or employment benefits, as a result of the use by such Funded Entities (and subawardees). (f) Activities To Respond to the COVID-19 Pandemic.--For the duration of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, Force personnel shall be trained and employed to support a testing, contact tracing, containment, and mitigation strategy to combat the COVID-19 pandemic. Such activities shall align with State licensure, local regulations, scope of practice, and certification requirements and evidence-informed practices and include-- (1) conducting contact tracing, including the identification of cases of COVID-19 and their contacts in a culturally competent, multilingual manner; (2) when available, supporting the administration of diagnostic, serologic, or other COVID-19 tests and vaccinations; (3) providing support that addresses social, economic, behavioral, and preventive health needs, such as supportive roles for care coordination, primary care, and palliative care, as appropriate, for individuals affected by COVID-19, including those individuals who are asked to voluntarily isolate or quarantine; and (4) other activities as determined appropriate by Funded Entities and in accordance with grant and cooperative agreement scope and stipulations. (g) Activities Post-Emergency.--After the conclusion of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19, Force personnel shall be trained and employed to perform public health recovery efforts, prevent and respond to future public health emergencies, and respond to ongoing and future public health and health care needs. Under this subsection, Force members shall carry out or assist with activities described in subsection (f), as well as any of the following activities, where aligned with State licensure requirements and evidence-informed practices: (1) Providing support services, including-- (A) expanding public health information sharing, including by sharing public health messages with community members and organizations; (B) helping community members address social, economic, behavioral health, and preventive health needs using evidence-informed models and in accordance with existing standards; (C) sharing community-based information with State, local, and Tribal health departments to inform and improve health programming, especially for hard-to- reach communities; and (D) promoting linkages to other Federal, State, and local health and social programs. (2) Other activities determined appropriate by the Director. (3) Other activities, including response to localized public health emergencies, as determined appropriate by Funded Entities and in accordance with grant and cooperative agreement scope and stipulations. (h) Focal Communities.--Funded Entities shall dedicate a majority of Force members to addressing the needs of focal communities. To be designated as a focal community, a community shall at a minimum-- (1) bear a disproportionate burden of disease; (2) be identified as a ``most vulnerable'' community according to the Centers for Disease Control and Prevention's Social Vulnerability Index; (3) be identified as a ``high poverty'' area, which includes census tracts with poverty rates of 25 percent or higher, as defined by the Workforce Innovation and Opportunity Act; (4) be identified as a ``high unemployment'' area, which includes census tracts with unemployment 150 percent or higher than the national unemployment rate, as determined by the Bureau of Labor Statistics based on the most recent data on the total unemployed, the U-6 unemployment measure or similar measure, available on the date of enactment of this Act; or (5) be designated as a Health Professional Shortage Area, Medically Underserved Area, or Medically Underserved Population. (i) Coordination and Collaboration.-- (1) Facilitation.-- (A) In general.--The Director shall facilitate coordination and collaboration between the Force and other national public health service programs within and external to the Department of Health and Human Services, including the Public Health Service and Medical Reserve Corps, as well as the Federal Emergency Management Agency's Resilience Force. (B) Advisory group.--Not later than 6 months after the date of enactment of this Act, the Director shall convene a stakeholder advisory group comprised of-- (i) the leadership of national health service programs, including the Public Health Service Corps, Medical Response Corps, and FEMA CORE; (ii) other relevant Federal offices and agencies, including the Department of Labor, Employment and Training Administration, Health Resources and Services Administration, Health and Human Services Office of the Assistant Secretary for Preparedness and Response, and Occupational Health and Safety Administration; and (iii) leaders representing Funded Entities. Such advisory group shall meet on a yearly basis to provide guidance for the programmatic success and longevity of the Force. Such guidance shall be codified in an annual report of recommendations and evidence- informed practices to be shared publicly. (2) States, localities, territories, indian tribes, tribal organizations, urban indian health organizations, health service providers to tribes, or native hawaiian health organizations collaboration.-- (A) In general.--Funded Entities shall ensure coordination and, as appropriate, collaboration between the Force and local public health, and health care, and community-based organizations, to ensure complementarity and further strengthen the local public health response. (B) Local advisory group.--Not later than 3 months after the date of enactment of this Act, an entity that receives a grant, contract, or cooperative agreement under this section shall convene a stakeholder advisory group comprised of community leaders, health officials, labor organizations, local advocates, individuals directly impacted by COVID-19, and other key stakeholders to meet on a regular, recurring basis to provide formal guidance, including priority setting and funding guidance, for the programmatic success and longevity of the Force. (C) State compacts.--In accordance with section 115 of the Housing and Community Development Act of 1974 (42 U.S.C. 5315), two or more States to enter into agreements or compacts, for cooperative effort and mutual assistance in support of community development planning and programs carried out under this section as such programs pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as such States determine appropriate for making such agreements and compacts effective. (j) Monitoring.--The Director shall develop a performance monitoring template for adaptation and use by Funded Entities under this section. Such template shall at a minimum require the reporting of the number of Force members hired, the role hired into, and the demographic characteristics of Force members. Such data shall be shared by entities receiving grants, contracts, or cooperative agreements under this section to the Centers for Disease Control and Prevention on a regular, recurring basis. Such data shall be made publicly available. (k) Learning and Adaptation.--The Director, in consultation with the Advisory Group and local advisory groups described in subsection (i), shall develop a learning and evaluation component of the Force to identify successful components of local activities conducted under this section that may be replicated, to identify opportunities for continuing education and career advancement for Force members, to evaluate the degree to which the Force created a pathway to longer-term public health and health care careers among Force members, and to identify how the Force impacted the health knowledge, behaviors, and outcomes of the community members served. Results of this learning shall be made publicly available. (l) Reporting.--Not later than 180 days after the end of each fiscal year, the Director shall submit to the Congress a report which shall contain-- (1) a description of the progress made in accomplishing the objectives of Force under this section; (2) a summary of the amount and expenditure of funds under this section during the preceding fiscal year, including the amount described by Funded Entity; (3) a description of the application of the funding formula specified in subsection (d); (4) the number of individuals recruited, hired, and trained for Force member positions under this section; (5) the number of Force members who transition to other public health roles either within or external to the Funded Entity using funds under this Act; (6) the number of Force members who were unemployed prior to being hired; (7) the number of Force members who continue to be employed-- (A) within 6 months and 1 year, respectively, of hire; and (B) within 6 months and 1 year, respectively, of the conclusion of the COVID-19 public health crisis; and (8) any information on the outcomes and impact of Health Force on health and employment. (m) Financial Reporting.--Not later than 45 days after the date of enactment of this Act, and every 60 days thereafter for the first 12 months after such date of enactment, the Director shall submit to Congress a report describing awards made, funding obligated, and expenditures to date. Such report shall also provide details on the application of the funding formula specified in subsection (d), including the amount awarded to each Funded Entity. (n) Labor and Workplace-Related Guidance.--Not later than 14 days after the date of enactment of this Act, the Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health, shall provide guidance and technical assistance regarding how to provide individuals in contact tracing and pandemic response positions with healthy and safe working conditions. (o) Tribal Data Sovereignty.--The Director shall consult with Indian Tribes and Tribal organizations and coordinate with Tribal health organizations to ensure that any reporting process under this section honors and preserves the data sovereignty of individuals who are members of Indian Tribes or Tribal organizations (as such terms are defined in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221)), including individuals who are members of Native Hawaiian organizations (as defined in such section 166), and urban Indian organizations. (p) Requirements for Transition Back to Unemployment Compensation.--As a condition of a State receiving funds under this section, the law of the State (as defined in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) shall, in the case of an individual who is receiving unemployment compensation at the time the individual is hired as a Force member, provide for the following: (1) Such individual shall be eligible to resume receiving unemployment compensation after leaving the Force if the individual returns to unemployment. (2) The amount of the weekly benefit for such individual shall be the greater of-- (A) the weekly benefit amount such individual was receiving when such individual entered the program; or (B) a weekly benefit amount that is determined based on such individual's earnings from employment under the Health Force program. (q) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated, and there is appropriated, to carry out this section, $40,000,000,000 for each of fiscal years 2021 and 2022, such amounts to remain available until expended. Additional funding beyond fiscal year 2022 for the continuation of the Health Force shall be determined in such fiscal year based on identified staffing needs. It is the intent of Congress that the Health Force should be continuously implemented for a duration of not less than 10 years (fiscal years 2021 through 2030) and continued thereafter to address health disparities and defend against future public health crises. (2) Emergency.--The amounts appropriated under paragraph (1) are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (3) Designation in senate.--In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. SEC. 3. RESILIENCE FORCE. (a) Purpose.--It is the purpose of the Resilience Force established under this section to recruit, train, and augment the existing cadre of first responders at the Federal Emergency Management Agency to assist in the immediate COVID-19 pandemic response, to provide a surge capacity to address other national emergencies, and to strengthen America's public health infrastructure. (b) In General.--For the period of fiscal years 2021 through 2023, the Administrator of the Federal Emergency Management Agency shall appoint, administer, and expedite the training of 62,000 Cadre of On- Call Response/Recovery Employees, under the Response and Recover Directorate (referred to in this section as ``CORE employees'') under the Office of Response and Recovery, above the level of such employees in fiscal year 2020, to address the coronavirus public health emergency and other disasters and public emergencies, subject to appropriations. (c) Detail of CORE Employees.--A CORE employee may be detailed, through mutual agreement, to any Federal agency or to a State, local, or Tribal Government to fulfill an assignment, consistent with the Stafford Act or ``emergency work'' as defined under section 206.225 of title 44, Code of Federal Regulations, including-- (1) providing logistical support for the supply chain of medical equipment and other goods involved in COVID-19 response efforts; (2) supporting COVID-19 testing, tracing, vaccination, vaccination education, and related surveillance activities; (3) providing nutritional assistance to vulnerable populations; and (4) carrying out other disaster preparedness and response functions for other emergencies and natural disasters, including work to design, construct, repair, upgrade, and fortify critical public health and health care infrastructure. (d) FEMA Responsibility.--The costs associated with detailing employees under subsection (c) shall be borne by the Federal Emergency Management Agency. (e) Requirement.--As soon as practicable, the Administrator of the Federal Emergency Management Agency shall make public job announcements to fill the CORE employee positions authorized under subsection (b), which shall prioritize hiring from among the following groups of individuals in no particular rank order: (1) Unemployed veterans of the Armed Forces. (2) Individuals who live in a ``high unemployment'' area, which includes census tracts with unemployment 150 percent or higher than the national unemployment rate, as determined by the Bureau of Labor Statistics based on the most recent data on the total unemployed, the U-3 unemployment measure or similar measure, available on the date of enactment of this Act. (3) Unemployed individuals who served in the AmeriCorps, Peace Corps, or as United States Fulbright Scholars, particularly those whose service terms ended as a result of the coronavirus public health emergency. (4) Recent graduates of public health, medical, nursing, social work or related health-services programs. (5) Members of communities who have experienced a disproportionately high number of COVID-19 cases. (f) Hiring.--The Federal Emergency Management Agency shall hire employees under this section, pursuant to section 306(b)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149(b)(1)), and make use of existing statutory authorities that permit regional offices and site managers to advertise for and hire such employees. (g) Training.--The Administrator of the Federal Emergency Management Agency may make appropriate adjustments to the standard training course curriculum for employees under this section to include on-site trainings at Federal Emergency Management Agency regional offices, virtual trainings, or trainings conducted by other Federal, State, local or Tribal agencies, or eligible institutions defined in subsection (i), including training described in section 2(e)(5). (h) Clarification.--For the purposes of employing individuals under this section-- (1) no individual who is authorized to work in the United States, including individuals with Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), shall be disqualified for appointment under this section because of citizenship or immigration status; and (2) no individual shall be disqualified for appointment under this section because of bankruptcy or a poor credit rating, determined by the Administrator of the Federal Emergency Management Agency, to be the result of the Coronavirus public health emergency. (i) Eligible Institution Defined.--In this Act ``eligible institution'' means a public 2-year institution of higher education, as defined under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (j) Authorization of Appropriations.--There are authorized to be appropriated to the Administrator of the Federal Emergency Management Agency, $6,500,000,000, for each of fiscal years 2021 through 2023, not less than $1,500,000,000 of which shall be made available each such fiscal year for the administrative costs associated with carrying out this section. all
H.R. 461 (Introduced in House) - Hong Kong Safe Harbor Act	https://www.govinfo.gov/content/pkg/BILLS-117hr461ih/html/BILLS-117hr461ih.htm	DOC 117th CONGRESS 1st Session H. R. 461 To designate residents of the Hong Kong Special Administrative Region as Priority 2 refugees of special humanitarian concern, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Curtis (for himself, Mr. Gallagher, Mr. Stewart, Ms. Stefanik, Mr. Kinzinger, Mr. Khanna, Mrs. Hartzler, Mr. Cohen, Mr. Rodney Davis of Illinois, Mr. Wilson of South Carolina, Mr. Stanton, Mr. Schweikert, and Mr. McClintock) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To designate residents of the Hong Kong Special Administrative Region as Priority 2 refugees of special humanitarian concern, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Safe Harbor Act''. SEC. 2. DESIGNATION OF CERTAIN RESIDENTS OF HONG KONG AS PRIORITY 2 REFUGEES. (a) In General.--The Secretary of State, in consultation with the Secretary of Homeland Security, shall designate as Priority 2 refugees of special humanitarian concern the following categories of aliens: (1) Individuals who are residents of the Hong Kong Special Administrative Region who suffered persecution, or have a well- founded fear of persecution, on account of their peaceful expression of political opinions or peaceful participation in political activities or associations. (2) Individuals who have been formally charged, detained, or convicted on account of their peaceful actions as described in section 206(b)(2) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5726). (3) The spouses, children, and parents (as such terms are defined in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) of individuals described in paragraph (1) or (2), except such parents who are citizens of a country other than the People's Republic of China. (b) Processing of Hong Kong Refugees.--The processing of individuals described in subsection (a) for classification as refugees may occur in Hong Kong or in a third country. (c) Eligibility for Admission as Refugees.--An alien may not be denied the opportunity to apply for admission as a refugee under this section primarily because such alien-- (1) qualifies as an immediate relative of a citizen of the United States; or (2) is eligible for admission to the United States under any other immigrant classification. (d) Facilitation of Admissions.--An applicant for admission to the United States from the Hong Kong Special Administrative Region may not be denied primarily on the basis of a politically motivated arrest, detention, or other adverse government action taken against such applicant as a result of the participation by such applicant in protest activities. (e) Exclusion From Numerical Limitations.--Aliens provided refugee status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, 1153, or 1157). (f) Reporting Requirements.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security shall submit a report on the matters described in paragraph (2) to-- (A) the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and (B) the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives. (2) Matters to be included.--Each report required by paragraph (1) shall include-- (A) the total number of applications that are pending at the end of the reporting period; (B) the average wait-times for all applicants who are currently pending-- (i) employment verification; (ii) a prescreening interview with a resettlement support center; (iii) an interview with U.S. Citizenship and Immigration Services; and (iv) the completion of security checks; and (C) the number of denials of applications for refugee status, disaggregated by the reason for each such denial. (3) Form.--Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4) Public reports.--The Secretary of State shall make each report submitted under this subsection available to the public on the internet website of the Department of State. (g) Satisfaction of Other Requirements.--Aliens granted status under this section as Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system shall be considered to satisfy the requirements under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for admission to the United States. SEC. 3. WAIVER OF IMMIGRANT STATUS PRESUMPTION. (a) In General.--The presumption under the first sentence of section 214(b) (8 U.S.C. 1184(b)) that every alien is an immigrant until the alien establishes that the alien is entitled to nonimmigrant status shall not apply to an alien described in subsection (b). (b) Alien Described.-- (1) In general.--An alien described in this paragraph is an alien who-- (A) on June 30, 2020, is a resident of the Hong Kong Special Administrative Region; (B) is seeking entry to the United States to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); and (C)(i) had a leadership role in civil society organizations supportive of the protests in 2019 and 2020 relating to the Hong Kong extradition bill and the encroachment on the autonomy of Hong Kong by the People's Republic of China; (ii) had an organizing role for such protests; (iii) acted as a first aid responder for such protests; (iv) suffered harm while covering such protests as a journalist; (v) provided paid or pro-bono legal services to 1 or more individuals arrested for participating in such protests; or (vi) during the period beginning on June 9, 2019, and ending on June 30, 2020, was formally charged, detained, or convicted for his or her participation in such protests. (2) Exclusion.--An alien described in this paragraph does not include any alien who is a citizen of a country other than the People's Republic of China. SEC. 4. REFUGEE AND ASYLUM DETERMINATIONS UNDER THE IMMIGRATION AND NATIONALITY ACT. (a) Persecution on Account of Political Opinion.-- (1) In general.--For purposes of refugee determinations under this Act in accordance with section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), an individual whose citizenship, nationality, or residency is revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws (as defined in section 101(a) of that Act (8 U.S.C. 1101(a)) shall be considered to have suffered persecution on account of political opinion. (2) Nationals of the people's republic of china.--For purposes of refugee determinations under this Act in accordance with section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), a national of the People's Republic of China whose residency in the Hong Kong Special Administrative region, or any other area within the jurisdiction of the People's Republic of China, as determined by the Secretary of State, is revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws shall be considered to have suffered persecution on account of political opinion. (b) Changed Circumstances.--For purposes of asylum determinations under this Act in accordance with section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, nationality, or residency of an individual for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws shall be considered to be a changed circumstance under subsection (a)(2)(D) of that section. SEC. 5. STATEMENT OF POLICY ON ENCOURAGING ALLIES AND PARTNERS TO MAKE SIMILAR ACCOMMODATIONS. It is the policy of the United States to encourage allies and partners of the United States to make accommodations similar to the accommodations made in this Act for residents of the Hong Kong Special Administrative Region who are fleeing oppression by the Government of the People's Republic of China. SEC. 6. TERMINATION. This Act, and the amendments made by this Act, shall cease to have effect on the date that is 5 years after the date of the enactment of this Act. all
H.R. 462 (Introduced in House) - To establish new ZIP Codes for certain communities, and for other purposes.	https://www.govinfo.gov/content/pkg/BILLS-117hr462ih/html/BILLS-117hr462ih.htm	DOC 117th CONGRESS 1st Session H. R. 462 To establish new ZIP Codes for certain communities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Diaz-Balart (for himself, Mrs. Demings, Mr. Zeldin, Ms. Meng, and Mr. Donalds) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To establish new ZIP Codes for certain communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHING NEW ZIP CODES. Not later than 270 days after enactment of this Act, the United States Postal Service shall designate a single, unique ZIP Code for, as nearly as practicable, each of the following communities: (1) Miami Lakes, Florida. (2) Flanders, Northampton, and Riverside in the Town of Southampton, New York. (3) Ocoee, Florida. (4) Oakland, Florida. (5) Glendale, New York. (6) Village of Estero, Florida. all
H.R. 463 (Introduced in House) - Transportation Alternatives Enhancements Act	https://www.govinfo.gov/content/pkg/BILLS-117hr463ih/html/BILLS-117hr463ih.htm	DOC 117th CONGRESS 1st Session H. R. 463 To amend title 23, United States Code, to provide a set aside for transportation alternatives. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Espaillat (for himself and Mr. Larsen of Washington) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, to provide a set aside for transportation alternatives. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation Alternatives Enhancements Act''. SEC. 2. TRANSPORTATION ALTERNATIVES PROGRAM. Section 133(h) of title 23, United States Code, is amended to read as follows: ``(h) Transportation Alternatives Program Set Aside.-- ``(1) Set aside.--For each fiscal year, of the total funds apportioned to all States under section 104(b)(2) for a fiscal year, the Secretary shall set aside an amount such that-- ``(A) the Secretary sets aside a total amount under this subsection for a fiscal year equal to 10 percent of such total funds; and ``(B) the State's share of the amount set aside under subparagraph (A) is determined by multiplying the amount set aside under subparagraph (A) by the ratio that-- ``(i) the amount apportioned to the State for the transportation enhancement program for fiscal year 2009 under section 133(d)(2), as in effect on the day before the date of enactment of MAP-21; bears to ``(ii) the total amount of funds apportioned to all States for the transportation enhancements program for fiscal year 2009. ``(2) Allocation within a state.-- ``(A) In general.--Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsections (d) and (e), except that, for purposes of this paragraph (after funds are made available under paragraph (5))-- ``(i) for each fiscal year, the percentage referred to in paragraph (1)(A) of subsection (d) shall be deemed to be 66 percent; and ``(ii) paragraph (3) of subsection (d) shall not apply. ``(B) Local control.-- ``(i) In general.--A State may make available up to 100 percent of the funds set aside under paragraph (1) to the entities described in subclause (I) if the State submits to the Secretary, and the Secretary approves, a plan that describes-- ``(I) how such funds shall be made available to metropolitan planning organizations, regional transportation planning organizations, counties, or other regional transportation authorities; ``(II) how the entities described in subclause (I) shall select projects for funding and how such entities shall report selected projects to the State; ``(III) the legal, financial, and technical capacity of such entities; and ``(IV) the procedures in place to ensure such entities comply with the requirements of this title. ``(ii) Requirement.--A State that makes funding available under a plan approved under this subparagraph shall make available an equivalent amount of obligation authority to the entities described in clause (i)(I). ``(3) Eligible projects.--Funds set aside under this subsection may be obligated for any of the following projects or activities: ``(A) Construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation, including sidewalks, bicycle infrastructure, pedestrian and bicycle signals, traffic calming techniques, lighting and other safety-related infrastructure, and transportation projects to achieve compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(B) Construction, planning, and design of infrastructure-related projects and systems that will provide safe routes for nondrivers, including children, older adults, and individuals with disabilities to access daily needs. ``(C) Conversion and use of abandoned railroad corridors for trails for pedestrians, bicyclists, or other nonmotorized transportation users. ``(D) Construction of turnouts, overlooks, and viewing areas. ``(E) Community improvement activities, including-- ``(i) inventory, control, or removal of outdoor advertising; ``(ii) historic preservation and rehabilitation of historic transportation facilities; ``(iii) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, and provide erosion control; and ``(iv) archaeological activities relating to impacts from implementation of a transportation project eligible under this title. ``(F) Any environmental mitigation activity, including pollution prevention and pollution abatement activities and mitigation to address stormwater management, control, and water pollution prevention or abatement related to highway construction or due to highway runoff, including activities described in sections 328(a) and 329. ``(G) Projects and strategies to reduce vehicle- caused wildlife mortality related to, or to restore and maintain connectivity among terrestrial or aquatic habitats affected by, a transportation facility otherwise eligible for assistance under this subsection. ``(H) The recreational trails program under section 206. ``(I) The safe routes to school program under section 211. ``(J) Activities in furtherance of a vulnerable road user assessment described in section 148. ``(K) Any other projects or activities described in section 101(a)(29) or section 213, as such sections were in effect on the day before the date of enactment of the FAST Act (Public Law 114-94). ``(4) Access to funds.-- ``(A) In general.--A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under such process in consultation with the relevant State. The competitive process shall include prioritization of project location and impact in low- income, transit-dependent, or other high-need areas.'' ``(B) Eligible entity defined.--In this paragraph, the term `eligible entity' means-- ``(i) a local government; ``(ii) a regional transportation authority; ``(iii) a transit agency; ``(iv) a natural resource or public land agency; ``(v) a school district, local education agency, or school; ``(vi) a tribal government; ``(vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer; ``(viii) a nonprofit organization carrying out activities related to transportation; ``(ix) any other local or regional governmental entity with responsibility for or oversight of transportation or recreational trails (other than a metropolitan planning organization that serves an urbanized area with a population of over 200,000 or a State agency) that the State determines to be eligible, consistent with the goals of this subsection; and ``(x) a State, at the request of any entity listed in clauses (i) through (x). ``(5) Improving accessibility and efficiency.-- ``(A) In general.--A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing-- ``(i) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and ``(ii) funding for 1 or more full-time State employee positions to administer this subsection. ``(B) Use of funds.--Amounts used under subparagraph (A) may be expended-- ``(i) directly by the State; or ``(ii) through contracts with State agencies, private entities, or nonprofit entities. ``(6) Federal share.-- ``(A) Flexible match.-- ``(i) In general.--Notwithstanding section 120-- ``(I) the non-Federal share for a project under this subsection may be calculated on a project, multiple- project, or program basis; and ``(II) the Federal share of the cost of an individual project in this subsection may be up to 100 percent. ``(ii) Aggregate non-federal share.--The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the non- Federal share authorized for the State under section 120(b). ``(iii) Requirement.--This subparagraph shall only apply to a State if such State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this subparagraph. ``(B) Safety projects.--Notwithstanding section 120, funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project-- ``(i) is a project described in section 148(e)(1); and ``(ii) is consistent with the State strategic highway safety plan (as defined in section 148(a)). ``(7) Flexibility.-- ``(A) State authority.-- ``(i) In general.--A State may use not more than 50 percent of the funds set aside under this subsection that are available for obligation in any area of the State (suballocated consistent with the requirements of subsection (d)(1)(B)) for any purpose eligible under subsection (b). ``(ii) Restriction.--Funds may be used as described in clause (i) only if the State demonstrates to the Secretary that the State-- ``(I) held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate; ``(II) offered technical assistance to all eligible entities and provided such assistance upon request by an eligible entity; and ``(III) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i). ``(B) MPO authority.-- ``(i) In general.--A metropolitan planning organization that represents an urbanized area with a population of greater than 200,000 may use not more than 50 percent of the funds set aside under this subsection for an urbanized area described in subsection (d)(1)(A)(i) for any purpose eligible under subsection (b). ``(ii) Restriction.--Funds may be used as described in clause (i) only if the Secretary certifies that the metropolitan planning organization-- ``(I) held a competition in compliance with the requirements of this subsection in such form as the Secretary determines appropriate; and ``(II) demonstrates that there were not sufficient suitable applications from eligible entities to use the funds described in clause (i). ``(8) Annual reports.-- ``(A) In general.--Each State or metropolitan planning organization responsible for carrying out the requirements of this subsection shall submit to the Secretary an annual report that describes-- ``(i) the number of project applications received for each fiscal year, including-- ``(I) the aggregate cost of the projects for which applications are received; and ``(II) the types of projects to be carried out, expressed as percentages of the total apportionment of the State under this subsection; and ``(ii) the list of each project selected for funding for each fiscal year, including specifying the fiscal year for which the project was selected, the fiscal year in which the project is anticipated to be funded, the recipient, the location, the congressional district, the type, and a brief description. ``(B) Public availability.--The Secretary shall make available to the public, in a user-friendly format on the website of the Department of Transportation, a copy of each annual report submitted under subparagraph (A).''. all
H.R. 464 (Introduced in House) - Nuclear Forensics Authority Realignment Act	https://www.govinfo.gov/content/pkg/BILLS-117hr464ih/html/BILLS-117hr464ih.htm	DOC 117th CONGRESS 1st Session H. R. 464 To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Foster (for himself and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Armed Services, Homeland Security, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To realign the nuclear forensics and attribution activities of the Federal Government from the Department of Homeland Security to the National Nuclear Security Administration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Forensics Authority Realignment Act''. SEC. 2. ESTABLISHMENT OF NATIONAL NUCLEAR FORENSICS CENTER. (a) Establishment.-- (1) In general.--The National Nuclear Security Administration Act (50 U.S.C. 2401 et seq.) is amended by inserting after section 3221 the following new section: ``SEC. 3222. NATIONAL NUCLEAR FORENSICS CENTER. ``(a) Establishment.--There is within the Administration a National Nuclear Forensics Center (in this section referred to as the `Center'). ``(b) Mission.--The mission of the Center shall be to coordinate stewardship, planning, assessment, gap analysis, exercises, improvement, including operational improvements and research, development, testing, and evaluation, and integration for all Federal nuclear forensics and attribution activities to ensure an enduring national technical nuclear forensics capability to strengthen the collective response of the United States to nuclear terrorism or other nuclear attacks.''. (2) Clerical amendment.--The table of contents at the beginning of such Act is amended by inserting after the item relating to section 3221 the following new item: ``Sec. 3222. National Nuclear Forensics Center.''. (3) Nuclear forensics expertise.--Not later than one year after the date of the enactment of this Act, the Administrator for Nuclear Security shall develop and implement a plan to modify the university program of the National Nuclear Security Administration established under section 4814 of the Atomic Energy Defense Act (50 U.S.C. 2795) to include the development of expertise in nuclear forensics in supporting scientific and engineering advancement in key Department of Energy defense and national security program areas. (b) Conforming Repeals.-- (1) In general.--The Nuclear Forensics and Attribution Act (Public Law 111-140) is hereby repealed. (2) Homeland security act of 2002.--Title XIX of the Homeland Security Act of 2002 (6 U.S.C. 590 et seq.) is amended as follows: (A) In section 1923-- (i) in subsection (a)-- (I) by striking ``(a) Mission.--''; (II) in paragraph (9), by striking the semicolon and inserting ``; and''; (III) by striking paragraphs (10), (11), (12), and (13); and (IV) by redesignating paragraph (14) as paragraph (10); and (ii) by striking subsection (b). (B) In section 1927(a)(1) (6 U.S.C. 596a(a)(1))-- (i) in subparagraph (A)(ii), by striking the semicolon and inserting ``; and''; (ii) in subparagraph (B)(iii), by striking ``; and'' and inserting a period; and (iii) by striking subparagraph (C). (c) References and Construction.--Any reference in any law, regulation, document, paper, or other record of the United States to the National Technical Nuclear Forensics Center established within the Countering Weapons of Mass Destruction Office of the Department of Homeland Security, formerly the Domestic Nuclear Detection Office, shall be deemed to be a reference to the National Nuclear Forensics Center established by section 3222 of the National Nuclear Security Administration Act, as added by subsection (a). all
H.R. 465 (Introduced in House) - American Food for American Schools Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr465ih/html/BILLS-117hr465ih.htm	DOC 117th CONGRESS 1st Session H. R. 465 To amend the Richard B. Russell National School Lunch Act to require a school food authority to make publicly available any waiver of the Buy American requirement, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Garamendi (for himself, Ms. Kaptur, Mr. Fortenberry, Mr. Ryan, Mr. LaMalfa, Mr. Carbajal, Mr. Young, and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Richard B. Russell National School Lunch Act to require a school food authority to make publicly available any waiver of the Buy American requirement, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Food for American Schools Act of 2021''. SEC. 2. WAIVER TO PURCHASE FOREIGN COMMODITIES OR PRODUCTS. (a) In General.--Section 12(n)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)(2)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; (2) in subparagraph (B)(ii), by striking ``for the school lunch program under this Act or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).'' and inserting ``for-- ``(I) the school lunch program under this Act, including any snacks served under such program; ``(II) the special milk program under section 3 of the Child Nutrition Act of 1966 (42 U.S.C. 1772); and ``(III) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).''. (3) by adding at the end the following: ``(C) Waiver.-- ``(i) Waiver request.--Except as provided in clause (ii), a school food authority shall request from the Secretary a waiver of subparagraph (A) to purchase foreign commodities or products. ``(ii) Exception.--A school food authority may purchase foreign commodities or products without a waiver under clause (i) if such commodities or products are not-- ``(I) produced domestically; or ``(II) available domestically. ``(iii) Requirements.--The Secretary may not provide a waiver to purchase foreign commodities or products under clause (i) unless-- ``(I) the commodities or products-- ``(aa) are not produced domestically in sufficient amounts or of satisfactory quality; and ``(bb) if purchased domestically, would be significantly higher in price than such foreign commodities or products; and ``(II) the school enters into an agreement under clause (iv). ``(iv) Agreement.--The Secretary may not provide a waiver under clause (i) unless the school food authority requesting such waiver agrees to-- ``(I) not later than 30 days after receiving such a waiver, make the waiver publicly available on the website of the school food authority; and ``(II) not less than once each school year, email a notification of all waivers to parents or guardians of students who will be served the foreign commodity or product purchased pursuant to any such waivers.''. (b) Definition of Foreign Commodity.--Section 12(n)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)(1)) is amended to read as follows: ``(1) Definitions.--In this subsection: ``(A) Domestic commodity or product.--The term `domestic commodity or product' means-- ``(i) an agricultural commodity that is produced in the United States; and ``(ii) a food product that is processed in the United States substantially using agricultural commodities that are produced in the United States. ``(B) Foreign commodity or product.--The term `foreign commodity or product' means a commodity or product other than a domestic commodity or product.''. (c) Conforming Amendments.--Section 12(n) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1760(n)) is amended-- (1) in paragraph (3), by striking ``Paragraph (2)(A)'' and inserting ``Subparagraphs (A) and (C) of paragraph (2)''; and (2) in paragraph (4), by striking ``Paragraph (2)(A)'' and inserting ``Subparagraphs (A) and (C) of paragraph (2)''. (d) Rule of Construction.--Nothing in this Act or the amendments by this Act shall affect the requirements under section 4207 of the Agriculture Improvement Act of 2018 (42 U.S.C. 1760 note). all
H.R. 466 (Introduced in House) - Paris Climate Accord Accountability Act	https://www.govinfo.gov/content/pkg/BILLS-117hr466ih/html/BILLS-117hr466ih.htm	DOC 117th CONGRESS 1st Session H. R. 466 To prohibit the use of funds to provide for the United States to become a party to the Paris Agreement. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Gonzalez of Ohio (for himself, Mr. Hagedorn, Mr. Joyce of Pennsylvania, Mr. Tiffany, Mr. Steil, Mr. Guest, Mr. Balderson, Mr. Meijer, and Mr. Armstrong) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To prohibit the use of funds to provide for the United States to become a party to the Paris Agreement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paris Climate Accord Accountability Act''. SEC. 2. PROHIBITION ON USE OF FUNDS TO PROVIDE FOR THE UNITED STATES TO BECOME A PARTY TO THE PARIS AGREEMENT. Notwithstanding any other provision of law, no funds are authorized to be appropriated, obligated, or expended to take any action to provide for the United States to become a party to the Paris Agreement unless the Senate provides its advice and consent to ratification of the Paris Agreement. SEC. 3. PARIS AGREEMENT DEFINED. In this Act, the term ``Paris Agreement'' means the decision by the United Nations Framework Convention on Climate Change's 21st Conference of Parties in Paris, France, adopted December 12, 2015. all
H.R. 467 (Introduced in House) - Protecting Patient Access to Lifesaving COVID–19 Drugs Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr467ih/html/BILLS-117hr467ih.htm	DOC 117th CONGRESS 1st Session H. R. 467 To amend the Families First Coronavirus Response Act and the CARES Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage, without cost sharing, of certain COVID-19 antibody treatments. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Gonzalez of Ohio (for himself and Ms. Spanberger) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Families First Coronavirus Response Act and the CARES Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage, without cost sharing, of certain COVID-19 antibody treatments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Patient Access to Lifesaving COVID-19 Drugs Act of 2021''. SEC. 2. REQUIRING GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS OFFERING GROUP OR INDIVIDUAL HEALTH INSURANCE COVERAGE TO PROVIDE COVERAGE, WITHOUT COST SHARING, OF CERTAIN COVID- 19 ANTIBODY TREATMENTS. (a) In General.--Section 6001(a) of the Families First Coronavirus Response Act (42 U.S.C. 1320b-5 note) is amended-- (1) in the matter preceding paragraph (1), by inserting ``(or, in the case of items and services described in paragraph (3), beginning on or after the date of the enactment of the Protecting Patient Access to Lifesaving COVID-19 Drugs Act of 2021)'' after ``this Act''; and (2) by adding at the end the following new paragraph: ``(3) Items consisting of monoclonal antibody infusions (as specified by the Secretary) approved, cleared, or otherwise authorized by the Food and Drug Administration needed for the treatment of COVID-19 in individuals with positive COVID-19 test results, including services for the administration of such items.''. (b) Reimbursement for Treatments.--Section 3202 of the CARES Act (42 U.S.C. 256b note) is amended-- (1) in the header, by inserting ``and antibody treatments'' after ``testing''; (2) in subsection (a), in the matter preceding paragraph (1), by inserting ``or antibody treatment, as applicable,'' after ``diagnostic testing''; and (3) in subsection (b)-- (A) in the header, by inserting ``and Antibody Treatments'' after ``Testing''; and (B) in paragraph (1)-- (i) by inserting ``or antibody treatment'' after ``diagnostic test''; and (ii) by inserting ``or treatment (including the administration of such treatment)'' after ``such test''. all
H.R. 468 (Engrossed in House) - Expedited Delivery of Airport Infrastructure Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr468eh/html/BILLS-117hr468eh.htm	DOC 117th CONGRESS 1st Session H. R. 468 _______________________________________________________________________ AN ACT To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Delivery of Airport Infrastructure Act of 2021''. SEC. 2. ALLOWABLE COST STANDARDS FOR AIRPORT DEVELOPMENT PROJECTS. (a) In General.--Section 47110(b)(1) of title 49, United States Code, is amended-- (1) by striking ``(1) if the cost necessarily'' and inserting ``(1)(A) if the cost necessarily''; (2) by striking the semicolon at the end and inserting ``; or''; and (3) by adding at the end the following: ``(B) if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if-- ``(i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000; ``(ii) the level of contractor's control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport; ``(iii) the contract specifies application of the incentive structure in the event of unforeseeable, non- weather delays beyond the control of the contractor; ``(iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and ``(v) the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project's duration;''. (b) Technical Correction.--Section 47110(e)(7) of title 49, United States Code, is amended in the heading by striking ``Partnership Program Airports'' and inserting ``Partnership program airports''. Passed the House of Representatives June 15, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 468 _______________________________________________________________________ AN ACT To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects.
H.R. 468 (Introduced in House) - Expedited Delivery of Airport Infrastructure Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr468ih/html/BILLS-117hr468ih.htm	DOC 117th CONGRESS 1st Session H. R. 468 To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Graves of Missouri (for himself and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Delivery of Airport Infrastructure Act of 2021''. SEC. 2. ALLOWABLE COST STANDARDS FOR AIRPORT DEVELOPMENT PROJECTS. (a) In General.--Section 47110(b)(1) of title 49, United States Code, is amended-- (1) by striking ``(1) if the cost necessarily'' and inserting ``(1)(A) if the cost necessarily''; (2) by striking the semicolon at the end and inserting ``; or''; and (3) by adding at the end the following: ``(B) if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if-- ``(i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000; ``(ii) the level of contractor's control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport; ``(iii) the contract specifies application of the incentive structure in the event of unforeseeable, non- weather delays beyond the control of the contractor; ``(iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and ``(v) the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project's duration;''. (b) Technical Correction.--Section 47110(e)(7) of title 49, United States Code, is amended in the heading by striking ``Partnership Program Airports'' and inserting ``Partnership program airports''. all
H.R. 468 (Received in Senate) - Expedited Delivery of Airport Infrastructure Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr468rds/html/BILLS-117hr468rds.htm	DOC 117th CONGRESS 1st Session H. R. 468 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 16, 2021 Received _______________________________________________________________________ AN ACT To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Delivery of Airport Infrastructure Act of 2021''. SEC. 2. ALLOWABLE COST STANDARDS FOR AIRPORT DEVELOPMENT PROJECTS. (a) In General.--Section 47110(b)(1) of title 49, United States Code, is amended-- (1) by striking ``(1) if the cost necessarily'' and inserting ``(1)(A) if the cost necessarily''; (2) by striking the semicolon at the end and inserting ``; or''; and (3) by adding at the end the following: ``(B) if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if-- ``(i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000; ``(ii) the level of contractor's control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport; ``(iii) the contract specifies application of the incentive structure in the event of unforeseeable, non- weather delays beyond the control of the contractor; ``(iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and ``(v) the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project's duration;''. (b) Technical Correction.--Section 47110(e)(7) of title 49, United States Code, is amended in the heading by striking ``Partnership Program Airports'' and inserting ``Partnership program airports''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 468 (Reported in House) - Expedited Delivery of Airport Infrastructure Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr468rh/html/BILLS-117hr468rh.htm	DOC Union Calendar No. 23 117th CONGRESS 1st Session H. R. 468 To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Graves of Missouri (for himself and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure May 28, 2021 Reported from the Committee on Transportation and Infrastructure; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Delivery of Airport Infrastructure Act of 2021''. SEC. 2. ALLOWABLE COST STANDARDS FOR AIRPORT DEVELOPMENT PROJECTS. (a) In General.--Section 47110(b)(1) of title 49, United States Code, is amended-- (1) by striking ``(1) if the cost necessarily'' and inserting ``(1)(A) if the cost necessarily''; (2) by striking the semicolon at the end and inserting ``; or''; and (3) by adding at the end the following: ``(B) if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if-- ``(i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000; ``(ii) the level of contractor's control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport; ``(iii) the contract specifies application of the incentive structure in the event of unforeseeable, non- weather delays beyond the control of the contractor; ``(iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and ``(v) the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project's duration;''. (b) Technical Correction.--Section 47110(e)(7) of title 49, United States Code, is amended in the heading by striking ``Partnership Program Airports'' and inserting ``Partnership program airports''. Union Calendar No. 23 117th CONGRESS 1st Session H. R. 468 _______________________________________________________________________ A BILL To amend title 49, United States Code, to permit the use of incentive payments to expedite certain federally financed airport development projects. _______________________________________________________________________ May 28, 2021 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 469 (Introduced in House) - Comprehensive Breast Reconstruction Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr469ih/html/BILLS-117hr469ih.htm	DOC 117th CONGRESS 1st Session H. R. 469 To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Hastings (for himself, Ms. Wasserman Schultz, Miss Gonzalez-Colon, Mrs. Demings, Ms. Scanlon, Mr. Thompson of Mississippi, Ms. Jackson Lee, Mr. Soto, Mr. Deutch, Mr. Johnson of Georgia, Mr. Bishop of Georgia, and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Employee Retirement Income Security Act of 1974 to provide for health coverage of nipple-areolar complex tattooing in connection with reconstructive surgery following mastectomy and to amend titles XVIII and XIX of the Social Security Act to extend coverage of certain breast reconstructive services following mastectomy under the Medicare and Medicaid programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Breast Reconstruction Act of 2021''. SEC. 2. PROVIDING FOR HEALTH COVERAGE OF NIPPLE-AREOLAR COMPLEX TATTOOING IN CONNECTION WITH RECONSTRUCTIVE SURGERY FOLLOWING MASTECTOMY; EXTENDING COVERAGE OF BREAST RECONSTRUCTIVE SERVICES FOLLOWING MASTECTOMY UNDER MEDICARE AND MEDICAID. (a) Private Health Insurance Coverage and Group Health Plans.-- (1) In general.--Section 713(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185b(a)) is amended-- (A) in paragraph (2), by striking at the end ``and''; (B) in paragraph (3), by adding at the end ``and''; (C) by inserting after paragraph (3) the following new paragraph: ``(4) tattooing of the nipple-areolar complex pursuant to or as part of such reconstruction if such tattooing is performed by a physician, physician extender (as defined in section 1834(x) of the Social Security Act, or State-licensed tattoo artist (as defined in such section), as prescribed by a physician;''; and (D) by adding at the end of the flush matter following paragraph (4), as inserted by subparagraph (C), the following: ``Tattooing of the nipple-areolar complex described in paragraph (4) shall be deemed to be medically reasonable and necessary.''. (2) Effective dates.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall apply with respect to plan years beginning after the date of enactment of this Act. (B) Special rule for collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1 of the first year beginning at least one year after the date of the enactment of this Act. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this subsection shall not be treated as a termination of such collective bargaining agreement. (b) Medicare Coverage.-- (1) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (A) in subparagraph (GG), by striking at the end ``and''; (B) in subparagraph (HH), by inserting at the end ``; and''; and (C) by adding at the end the following new subparagraph: ``(II) qualifying reconstructive breast surgery services (as defined in subsection (kkk)).''. (2) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``(kkk) Qualifying Reconstructive Breast Surgery Services.--The term `qualifying reconstructive breast surgery services' means, in the case of an individual who has a mastectomy, breast reconstruction in connection with such mastectomy, including-- ``(1) all stages of reconstruction of the breast on which the mastectomy has been performed; ``(2) surgery and reconstruction of the other breast to produce a symmetrical appearance; ``(3) prostheses and physical complications of mastectomy, including lymphedemas; and ``(4) tattooing of the nipple-areolar complex pursuant to or as part of such reconstruction if such tattooing is performed by a physician, physician extender, or State-licensed tattoo artist (as such terms are defined in section 1834(x), as prescribed by a physician; in a manner determined in consultation with the attending physician and the individual.''. (3) Payment.-- (A) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and (DD)'' and inserting ``(DD)''; and (ii) by inserting before the semicolon at the end the following `` and (EE) with respect to qualifying reconstructive breast surgery services (as defined in section 1861(kkk)), the amount paid shall be equal to the amount payable in accordance with section 1834(x)''. (B) Payment determination.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(x) Qualifying Reconstructive Breast Surgery Services.-- ``(1) In general.--With respect to qualifying reconstructive breast surgery services described in section 1861(kkk)(4) for which payment is determined under this subsection, payment shall be made in an amount equal to 100 percent of the reasonable and customary amount for nipple areolar tattooing, determined according to the reimbursement rates for CPT codes 11920, 11921, and 11922 (or any successor to such codes). ``(2) Reasonable and necessary treatment.--Qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be reasonable and necessary for purposes of section 1862(a)(1)(A). ``(3) Physician extender.--For purposes of this subsection and section 1861(kkk)(4), the term `physician extender' means a health care practitioner who is not a physician and who is licensed or certified by the State in which the practitioner if furnishing services to furnish items or services typically furnished by a physician, such as a nurse practitioner or physician assistant. ``(4) State-licensed tattoo artist.--For purposes of this subsection and section 1861(kkk)(4), the term `State-licensed tattoo artist' means an individual (as specified by the law of the State in which the individual is licensed in performing permanent body art and in which they are so practicing such art) who maintains all public health, safety, and welfare standards and regulations set forth by the State, including all sterilization, sanitation, and safety regulations for tattoo parlors and salons, tattoo inks, tattoo instruments, and any other related paraphernalia, as well as allowing the individual to perform the procedure in the prescribing physician's place of business with the consent of the physician and the patient, abiding by all such standards and regulations.''. (4) Including certain tattoo artists as medicare providers for purposes of tattooing of the nipple-areolar complex after mastectomy.--Section 1866(j)(1) of the Social Security Act (42 U.S.C. 1395cc(j)(1)) is amended by adding at the end the following new subparagraph: ``(D) Including certain tattoo artists for purposes of tattooing of the nipple-areolar complex after mastectomy.--For purposes of this section, the term `supplier' shall include a State-licensed tattoo artist (as defined in section 1834(x)), but only with respect to the tattooing of the nipple-areolar complex pursuant to or as part of reconstructive surgery following a medically necessary mastectomy and if such tattooing is prescribed by a physician.''. (5) Effective date.--The amendments made by this subsection shall apply with respect to items and services furnished on or after January 1 of the first year beginning after the date of the enactment of this Act. (c) Medicaid Coverage.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) by redesignating paragraph (30) as paragraph (31); (B) in paragraph (29), by striking at the end ``and''; (C) by inserting after paragraph (29) the following new paragraph: ``(30) qualifying reconstructive breast surgery services (as defined in section 1861(kkk)); and''; and (D) by adding at the end of the flush matter following paragraph (31), as redesignated by subparagraph (A), the following new sentence: ``For purposes of paragraph (30), qualifying reconstructive breast surgery services described in section 1861(kkk)(4) shall be deemed to be medically reasonable and necessary.''. (2) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this section shall take effect with respect to medical assistance provided on or after January 1 of the first year beginning after the date of the enactment of this Act. (B) Exception for state legislation.--In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by the amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. all
H.R. 46 (Introduced in House) - One Bill, One Subject Transparency Act	https://www.govinfo.gov/content/pkg/BILLS-117hr46ih/html/BILLS-117hr46ih.htm	DOC 117th CONGRESS 1st Session H. R. 46 To require that each bill enacted by Congress be limited to only one subject and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require that each bill enacted by Congress be limited to only one subject and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``One Bill, One Subject Transparency Act''. SEC. 2. ONE SUBJECT PER BILL. (a) One Subject.--Each bill or joint resolution shall embrace no more than one subject. (b) Subject in Title.--The subject of a bill or joint resolution shall be clearly and descriptively expressed in the title. (c) Appropriation Bills.--An appropriations bill shall not contain any general legislation or change of existing law provision which is not germane to the subject matter of the underlying bill. This subsection does not prohibit any provision imposing limitations upon the expenditure of appropriated funds. SEC. 3. ENFORCEMENT. (a) Multiple Subjects in Title.--If the title of an Act or joint resolution addresses two or more unrelated subjects, then the entire Act or joint resolution is void. (b) Provisions Not Expressed in Title.--If an Act or joint resolution contains provisions concerning a subject that is not clearly and descriptively expressed in its title, those provisions shall be void. (c) Appropriation Provisions Outside Subcommittee Jurisdiction.--If an Act appropriating funds contains a provision outside of the jurisdiction of the relevant subcommittee of the Committees on Appropriations of the House and of the Senate, and therefore outside the subject of the bill, then such provision shall be void. (d) Provisions of Appropriation Bills Not Germane to Subject Matter.--If an Act appropriating funds contains general legislation or change of existing law provision not germane to the subject matter of the underlying bill, then every such provision shall be void. (e) Commencement of an Action.--Any person, including a Member of the House of Representatives or a Member of the Senate, aggrieved by the enforcement or threat of enforcement of Acts that do not comply with section 2 shall have a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to section 2 or this section. The cause of action only applies to an Act or joint resolution signed into law on or after the date of enactment of this Act. (f) State of Review.--In any judicial action brought pursuant to subsection (e), the standard of review shall be de novo. all
H.R. 470 (Introduced in House) - Roadmap to Congressional Reform Act	https://www.govinfo.gov/content/pkg/BILLS-117hr470ih/html/BILLS-117hr470ih.htm	DOC 117th CONGRESS 1st Session H. R. 470 To withhold the salaries of Members of Congress upon failure to agree to a budget resolution, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Hern introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Rules, the Budget, Oversight and Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To withhold the salaries of Members of Congress upon failure to agree to a budget resolution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Roadmap to Congressional Reform Act''. SEC. 2. HOLDING SALARIES OF MEMBERS OF CONGRESS IN ESCROW UPON FAILURE TO AGREE TO BUDGET RESOLUTION. (a) Holding Salaries in Escrow.-- (1) In general.--If by April 15, 2021, a House of Congress has not agreed to a concurrent resolution on the budget for fiscal year 2022 pursuant to section 301 of the Congressional Budget Act of 1974, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described.--With respect to a House of Congress, the period described in this paragraph is the period which begins on April 16, 2021 and ends on the earlier of-- (A) the day on which the House of Congress agrees to a concurrent resolution on the budget for fiscal year 2022 pursuant to section 301 of the Congressional Budget Act of 1974; or (B) the last day of the One Hundred Seventeenth Congress. (3) Withholding and remittance of amounts from payments held in escrow.--The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of the congress.--In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Seventeenth Congress. (5) Role of secretary of the treasury.--The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of Delegates as Members.--In this section, the term ``Member of Congress'' includes a Delegate or Resident Commissioner to the Congress. (c) Payroll Administrator Defined.--In this section, the ``payroll administrator'' of a House of Congress means-- (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. SEC. 3. NO BUDGET, NO RECESS. (a) In General.--Section 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended-- (1) by striking ``The timetable'' and inserting the following: ``(a) In General.--The timetable''; and (2) by adding at the end the following: ``(b) No Budget, No Recess.-- ``(1) Limits in the senate and house of representatives.-- The procedures specified in paragraphs (2), (3), and (4) shall apply in the Senate and the procedures specified in paragraphs (2), (3), and (5) shall apply in the House of Representatives-- ``(A) on and after April 15 of each year, if the Senate and House of Representatives have not adopted a concurrent resolution on the budget for the next fiscal year; and ``(B) on and after August 1 of each year, if the Senate and House of Representatives have not passed, individually or collectively, all the regular appropriations bills for the next fiscal year. ``(2) No recess or adjournment.--During a period described in paragraph (1), it shall not be in order in the Senate or the House of Representatives to move to recess or to adjourn for more than 8 hours. ``(3) No official travel.-- ``(A) In general.--Except as provided in subparagraph (B), during a period described in paragraph (1), no amounts may be obligated or expended for official travel by a Member of Congress. ``(B) Return to dc.--If a Member of Congress is away from the seat of Government when a period described in paragraph (1) begins, funds may be obligated and expended for official travel by the Member of Congress to return to the seat of Government. ``(4) Additional limits in the senate.-- ``(A) Determination of presence of a quorum.-- Notwithstanding any provision of the Standing Rules of the Senate, in the Senate, during each day during a period described in paragraph (1), the Presiding Officer shall direct the Clerk to call the roll to ascertain the presence of a quorum-- ``(i) at noon; and ``(ii) at 6:00 p.m. ``(B) Lack of quorum.-- ``(i) In general.--If, upon a calling of the roll under subparagraph (A), it shall be ascertained that a quorum is not present-- ``(I) the Presiding Officer shall direct the Clerk to call the names of any absent Senators; and ``(II) following the calling of the names under subclause (I), the Presiding Officer shall, without intervening motion or debate, submit to the Senate by a yea-and-nay vote the question: `Shall the Sergeant-at-Arms be directed to request the attendance of absent Senators?'. ``(ii) Direction to compel attendance.--If a quorum is not present 30 minutes after the time at which the vote on a question submitted under clause (i)(II) starts, the Presiding Officer shall, without intervening motion or debate, submit to the Senate by a yea-and-nay vote the question: `Shall the Sergeant-at-Arms be directed to compel the attendance of absent Senators?'. ``(iii) Arrest of absent senators.-- Effective 30 minutes after the Sergeant-at-Arms is directed to compel the attendance of absent Senators under clause (ii), if any Senator not excused under rule XII of the Standing Rules of the Senate is not in attendance, the Senate shall be deemed to have agreed an order that reads as follows: `Ordered, That the Sergeant- at-Arms be directed to arrest absent Senators, that warrants for the arrests of all Senators not sick nor excused be issued under the signature of the Presiding Officer and attested by the Secretary, and that such warrants be executed without delay.'. ``(iv) Reports.--Not less frequently than once per hour during proceedings to compel the attendance of absent Senators, the Sergeant-at- Arms shall submit to the Senate a report on absent Senators, which shall-- ``(I) be laid before the Senate; ``(II) identify each Senator whose absence is excused; ``(III) identify each Senator who is absent without excuse; and ``(IV) for each Senator identified under subclause (III), provide information on the current location of the Senator. ``(C) Regaining the floor.--If a Senator had been recognized to speak at the time a call of the roll to ascertain the presence of a quorum was initiated under subparagraph (A), and if the presence of a quorum is established, that Senator shall be entitled to be recognized to speak. ``(D) No suspension of requirements.--The Presiding Officer may not entertain a request to suspend the operation of this paragraph by unanimous consent or motion. ``(E) Consistency with senate emergency procedures and practices.--Nothing in this paragraph shall be construed in a manner that is inconsistent with S. Res. 296 (108th Congress) or any other emergency procedures or practices of the Senate. ``(5) Additional limits in the house of representatives.-- Notwithstanding any provision of the Rules of the House of Representatives, in the House of Representatives, during each day during a period described in paragraph (1), each Member of the House of Representatives shall record his or her presence for purposes of establishing a quorum at noon and 6:00 p.m. ``(6) No waiver.--Notwithstanding section 904(b), paragraphs (2), (3), (4), and (5) of this subsection may not be waived or suspended in the Senate or the House of Representatives. ``(7) Permanent law.--Notwithstanding section 904(a), paragraph (3) of this subsection is not enacted as an exercise of the rulemaking power of the Senate or the House of Representatives.''. (b) Completion of House Action on Regular Appropriations Bills.-- Section 309 of the Congressional Budget Act of 1974 (2 U.S.C. 640) is amended by inserting ``or August'' after ``July''. SEC. 4. MAKING FERS OPTIONAL FOR MEMBERS. (a) In General.-- (1) Amendment.--Section 8401(20) of title 5, United States Code, is amended by striking ``, and who (in the case'' and all that follows through ``2004''. (2) Applicability.--The amendment made by paragraph (1) shall apply with respect to an individual who first serves as a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, on or after the date of enactment of this Act. (b) Continued Participation in TSP.-- (1) Amendment.--Section 8401(20) of title 5, United States Code, as amended by subsection (a), is further amended-- (A) by striking ``term `Member' has'' and inserting the following: ``term `Member'-- ``(A) has''; (B) by inserting ``, subject to subparagraph (B),'' after ``except that''; (C) by adding ``and'' after the semicolon at the end; and (D) by adding at the end the following: ``(B) for purposes of subchapter III, has the same meaning as provided in section 2106, without regard to whether the individual elects not to participate in the Federal Employees' Retirement System;''. (2) Conforming amendment to tsp.--Section 8431(a) of title 5, United States Code, is amended by inserting ``except as provided in section 8401(20)(B),'' after ``subchapter,''. (3) Applicability.--The amendments made by this subsection shall apply with respect to an individual who makes an election described in section 8401(20) of title 5, United States Code, not to participate in the Federal Employees' Retirement System before, on, or after the date of enactment of this Act. SEC. 5. CONGRESSIONAL LEGISLATION REQUIREMENTS. (a) Constitutional Authority Statement.--This section is enacted pursuant to the power conferred by the Constitution of the United States upon each House of Congress by-- (1) article I, section 5, clauses 2 and 3 to determine the rules and keep a journal of its proceedings, respectively; (2) article I, section 7, clause 2 to ensure that bills that become law have been actually passed by, not just passed through, each House of Congress; and (3) article I, section 8, clause 18, which authorizes Congress to make all laws that are necessary and proper for carrying into execution the rules of each House of Congress. (b) Standing Provision.--The provision of this section under which any person who is aggrieved by the enforcement of any law enacted either in violation of the rules of proceedings of either House of Congress, or by the suspension of the rules, as prescribed herein, shall have standing in a court of law, is enacted pursuant to article III, section 2 of the Constitution of the United States. (c) Findings.--Congress finds the following: (1) The Constitution of the United States vests all legislative powers granted therein in Congress. (2) Each Member of Congress is elected by the people to whom the Member is accountable, and Members must represent the people of their respective State or District in exercising their legislative powers. (3) Establishing a Government of enumerated powers, article I, section 1 of the Constitution of the United States obliges Congress to exercise only those legislative powers provided for in the Constitution of the United States, and article VI of the Constitution of the United States requires that each Member of Congress be bound by oath or affirmation to support the Constitution of the United States by enacting only those laws, and making only those resolutions, that are pursuant to the Constitution of the United States and not prohibited thereby. (4) To ensure that Congress is politically and legally accountable to the people, article I, section 5 of the Constitution of the United States requires each House of Congress to keep a journal of its proceedings and from time to time publish the same. (5) To ensure that no legislation is passed without effective representation of the interests of the people by the elected Members of Congress, article I, section 7 of the Constitution of the United States provides that only a bill ``which shall have passed the House of Representatives and the Senate,'' and not vetoed by the President, shall ``become a law''. (6) According to section I of the Manual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801 (referred to in this section as ``Jefferson's Manual''), ``nothing tended more to throw power into the hands of administration and those who acted with the majority . . . than a neglect of, or departure from, the rules of proceeding operated as a check and control of the actions of the majority a shelter and protection to the minority''. (7) According to sections XXII and XL of Jefferson's Manual, it was the rule of the Senate that every bill receive 3 readings, 2 full readings by the Clerk of the Senate, and a third reading of the title of the bill only, because ``every member of the Senate had a printed copy in his hand.''. (8) According to sections XXIV, XXV, and XL of Jefferson's Manual, it was the rule of the House of Representatives, following the parliamentary procedure of the English House of Commons, that every bill receive 2 full readings by the Clerk of the House of Representatives, and a reading of the whole contents of the bill verbatim by the Speaker of the House of Representatives before the House of Representatives voted on the bill. (9) Under the current rules of the Senate, the Senate has departed from its original practice of a full first and second reading of each bill, and of ensuring that each Senator has a printed or other verbatim copy of each bill before passage thereof, having by rule XIV of the Standing Rules of the Senate limited each reading of a bill to the reading of the title of the bill only, unless the Senate in any case shall otherwise order. (10) Under the current rules of the House of Representatives, the House of Representatives has by rule XVI (8) and rule XVIII (5) embraced its original practice of full first and second readings of each bill, but has regularly departed from this practice by unanimous consent of the House of Representatives, and has dispensed altogether its original practice of a verbatim third reading of each bill before passage, limiting such third reading to the reading of the title only, including the reading of the title only even when Members of the House of Representatives have no printed or other verbatim copy of the bill before passage. (11) Although section 106 of title 1, United States Code, requires a bill to be made available in written form to each Member of Congress before final passage, Congress has by statute conferred upon itself the power, during the last 6 days of a session of Congress, by concurrent resolution, to vote for passage of a bill that is not in written form at the time of final passage. (12) As a direct consequence of the departure of the Senate and the House of Representatives from the salutary practice of full, verbatim readings of each bill before final passage, and further, as a direct consequence of Congress, by concurrent resolution and otherwise, having permitted certain appropriation, budget, and regulatory bills to be enacted into law without such bills being printed and presented to Congress in written form prior to final passage, Congress has-- (A) imposed upon the people of the United States excessively long bills, largely written by an unelected bureaucracy, resulting in generally incomprehensible, cumbersome, oppressive, and burdensome laws, containing hidden provisions for special interests; (B) deprived the people of the United States and their elected Senators and Members of a full and fair opportunity to examine the text of bills, and all amendments thereto, prior to passage; (C) undermined the confidence of the people of the United States as a result of its failure to provide adequate notice to the people before a vote is taken on the bills and amendments thereto; and (D) has called into question the integrity and reliability of the legislative processes in both Houses of Congress by its failure to ensure that each Senator and each Member of the House of Representatives has, prior to passage, either listened attentively to the reading of the full text of each bill, and amendments thereto, or has personally read the text thereof. (13) Federal law currently sets forth various requirements relating to the form of bills and resolutions, and the procedure for enacting laws, including-- (A) the form of the enacting clause of all Acts of Congress (section 101 of title 1, United States Code); (B) the form of the resolving clause of all joint resolutions (section 102 of title 1, United States Code); (C) a limitation on the use of enacting or resolving words (section 103 of title 1, United States Code); (D) the requirement regarding the numbering of sections and the requirement that each contain a single proposition (section 104 of title 1, United States Code); (E) the style and title for all bills making appropriations (section 105 of title 1, United States Code); and (F) the process by which each bill or joint resolution is handled after passage (section 106 of title 1, United States Code). (d) Text of Bill or Resolution To Specify Its Constitutional Authority, Current Law.--Chapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: ``Sec. 105a. Text of bill or resolution to specify its constitutional authority ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be submitted for a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. ``Sec. 105b. Text of bill or resolution to set forth current law ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress that is intended to amend or modify the effect of, or would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth-- ``(A) the current version of the entire section of the current law that the bill or resolution proposes to amend, verbatim; ``(B) the amendments proposed in the bill or resolution; and ``(C) the section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution that would strike the text of an entire section of a law. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements under subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be submitted to a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. ``Sec. 105c. Procedures prior to vote on bill or resolution ``(a) In General.-- ``(1) Requirements for vote.--A vote on final passage of a bill (except for private bills) or a resolution may not occur in either House of Congress, unless-- ``(A) the full text of the bill or resolution is published at least 7 days before the vote on an official Internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions on searchability, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; ``(B) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet websites described in subparagraph (A) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice under this subparagraph; and ``(C) except as provided in paragraph (2), the Clerk of the House of Representatives or the Secretary of the Senate has read the full text of the bill or resolution, verbatim, to the respective body of each House of Congress, which have been called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full reading of the text of the bill or resolution. ``(2) If a bill or resolution is enrolled by either the House of Representatives or the Senate, for any subsequent consideration of the enrolled bill or resolution-- ``(A) it is not necessary for the full text of the bill or resolution to be reread to the House of Congress in which the bill or resolution passed; and ``(B) the full text of any amendment to the text of the enrolled bill or resolution shall be read, verbatim, to each House of Congress. ``(b) Affidavit.-- ``(1) In general.--Before voting in favor of final passage of a bill (except a private bill) or resolution, each Senator and each Member of the House of Representatives, except as provided in paragraph (2), shall sign an affidavit executed under penalty of perjury under section 1621 of title 18 attesting that the Senator or Member-- ``(A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; or ``(B) prior to voting for passage of such bill or resolution, read attentively each such bill or resolution in its entirety. ``(2) Vote against passage.--A Senator or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph (1) if the Senator or Member voted against passage of the bill or resolution. ``(3) Records.--Copies of each affidavit described in paragraph (1) signed by a Senator or a Member of the House of Representatives shall be maintained by the Secretary of the Senate or the Clerk of the House of Representatives, respectively. ``(c) Journal.--With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been satisfied. ``(d) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105d. Enforcement clause ``(a) In General.--An Act of Congress that does not comply with section 105a, 105b, or 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. ``(b) Cause of Action.--Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of section 105a, 105b, or 105c) may be brought by-- ``(1) a person aggrieved by an action of an officer or employee in the executive branch of the Federal Government under an Act of Congress that did not comply with sections 105a, 105b, and 105c; ``(2) a Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with section 105a, 105b, or 105c; and ``(3) a person individually aggrieved by the failure of a Senator for the State in which the aggrieved person resides or by the failure of a Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member under section 105a, 105b, or 105c.''. (e) Technical and Conforming Amendments.--The table of sections for chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 105 the following: ``105a. Text of bill or resolution to specify its constitutional authority. ``105b. Text of bill or resolution to set forth current law. ``105c. Procedures prior to vote on bill or resolution. ``105d. Enforcement clause.''. (f) Severability Clause.--If any provision of this section or an amendment made by this section, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this section and amendments made by this section, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. SEC. 6. WITHHOLDING PAY OF MEMBERS WHO VOTE BY PROXY. (a) Withholding.--If on any day during a Congress a Member of the House of Representatives uses a designated proxy to cast a vote in the House or record the Member's presence in the House in response to a quorum call, the Chief Administrative Officer of the House of Representatives shall-- (1) withhold from the payments otherwise required to be made with respect to a pay period for the compensation of the Member an amount equal to the product of-- (A) an amount equal to one day's worth of pay under the annual rate of pay applicable to the Member under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501); and (B) the number of days during the pay period on which the Member uses a designated proxy to cast a vote in the House or record the Member's presence in the House in response to a quorum call; and (2) deposit in an escrow account all amounts withheld under paragraph (1). (b) Release of Amounts at End of the Congress.--In order to ensure that this section is carried out in a manner that shall not vary the compensation of Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the Chief Administrative Officer shall release for payments to Members any amounts remaining in any escrow account under this section on the last day of the Congress during which the amounts were deposited in the account. (c) Role of Secretary of the Treasury.--The Secretary of the Treasury shall provide the Chief Administrative Officer with such assistance as may be necessary to enable the Chief Administrative Officer to carry out this section. SEC. 7. PROHIBITING CONSIDERATION OF LEGISLATION CONTAINING EARMARKS. (a) Prohibition.-- (1) In general.--It shall not be in order in the House of Representatives to consider any bill, joint resolution, amendment, or conference report if the bill, joint resolution, amendment, or conference report, or any accompanying report or joint explanatory statement of managers, includes a congressional earmark, limited tax benefit, or limited tariff benefit. (2) Procedure.--If a point of order is raised under paragraph (1) with respect to a congressional earmark, limited tax benefit, or limited tariff benefit and the point of order is sustained, the congressional earmark, limited tax benefit, or limited tariff benefit shall be deemed to be stricken from the measure involved. (3) Special procedure for conference report and amendments between the houses.-- (A) In general.--If a point of order is raised and sustained under paragraph (1) with respect to a conference report or a motion that the House recede from its disagreement to a Senate amendment and concur therein, with or without amendment, then after disposition of all such points of order the conference report or motion, as the case may be, shall be considered as rejected and the matter remaining in disagreement shall be disposed of under subparagraph (B) or (C), as the case may be. (B) Conference reports.--After the House has sustained one or more points of order under paragraph (1) with respect to a conference report-- (i) if the conference report accompanied a House measure amended by the Senate, the pending question shall be whether the House shall recede and concur in the Senate amendment with an amendment consisting of so much of the conference report as was not rejected; and (ii) if the conference report accompanied a Senate measure amended by the House, the pending question shall be whether the House shall insist further on the House amendment. (C) Motions.--After the House has sustained one or more points of order under paragraph (1) with respect to a motion that the House recede and concur in a Senate amendment, with or without amendment, the following motions shall be privileged and shall have precedence in the order stated: (i) A motion that the House recede and concur in the Senate amendment with an amendment in writing then available on the floor. (ii) A motion that the House insist on its disagreement to the Senate amendment and request a further conference with the Senate. (iii) A motion that the House insist on its disagreement to the Senate amendment. (b) Determination by House.--If a point of order is raised under this section and the Chair is unable to ascertain whether a provision constitutes a congressional earmark, limited tax benefit, or limited tariff benefit, the Chair shall put the question to the House and the question shall be decided without debate or intervening motion. (c) Conforming Amendment.--Rule XXI of the Rules of the House of Representatives is amended by striking clause 9. (d) Definitions.--In this section: (1) Congressional earmark.--The term ``congressional earmark'' means a provision or report language included primarily at the request of a Member, Delegate, Resident Commissioner, or Senator providing, authorizing or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or congressional district, other than through a statutory or administrative formula-driven or competitive award process. (2) Limited tax benefit.--The term ``limited tax benefit'' means-- (A) any revenue-losing provision that-- (i) provides a Federal tax deduction, credit, exclusion, or preference to 10 or fewer beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (B) any Federal tax provision which provides one beneficiary temporary or permanent transition relief from a change to the Internal Revenue Code of 1986. (3) Limited tariff benefit.--The term ``limited tariff benefit'' means a provision modifying the Harmonized Tariff Schedule of the United States in a manner that benefits 10 or fewer entities. SEC. 8. PROHIBITING FORMER MEMBERS AND OFFICERS OF CONGRESS FROM LOBBYING CONGRESS. (a) Prohibition.--Section 207(e)(1) of title 18, United States Code, is amended to read as follows: ``(1) Members and elected officers of congress.--Any person who is a Senator, a Member of the House of Representatives, or an elected officer of the Senate or the House of Representatives and who, after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator, Member, or elected official seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.''. (b) Conforming Amendments.--Section 207(e)(2) of such title is amended-- (1) in the heading, by striking ``Officers and staff'' and inserting ``Staff''; (2) by striking ``an elected officer of the Senate, or''; (3) by striking ``leaves office or employment'' and inserting ``leaves employment''; and (4) by striking ``former elected officer or''. (c) Effective Date.--The amendments made by this section shall apply with respect to an individual who leaves office on or after the date of the enactment of this Act. all
H.R. 471 (Introduced in House) - Protecting Americans from Unnecessary Spread upon Entry from COVID–19 Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr471ih/html/BILLS-117hr471ih.htm	DOC 117th CONGRESS 1st Session H. R. 471 To prohibit the Secretary of Health and Human Services from lessening the stringency of, and to prohibit the Secretary of Homeland Security from ceasing or lessening implementation of, the COVID-19 border health provisions through the end of the COVID-19 pandemic, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Ms. Herrell (for herself, Mr. Steube, Mr. Biggs, Mr. Owens, Mr. Burchett, Mrs. Greene of Georgia, Mrs. Harshbarger, Mr. Bishop of North Carolina, Mr. C. Scott Franklin of Florida, Mr. Moore of Alabama, Mr. Calvert, Mr. Fallon, Mr. Carl, Mrs. Boebert, Mr. Arrington, Mr. Good of Virginia, Mrs. Miller-Meeks, Mrs. Hinson, Mr. Wilson of South Carolina, Mr. Brooks, Mrs. Miller of Illinois, Mr. Sessions, Mr. Gohmert, Mr. Gosar, Mr. Gaetz, and Mr. Cawthorn) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prohibit the Secretary of Health and Human Services from lessening the stringency of, and to prohibit the Secretary of Homeland Security from ceasing or lessening implementation of, the COVID-19 border health provisions through the end of the COVID-19 pandemic, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Americans from Unnecessary Spread upon Entry from COVID-19 Act of 2021'' or the ``PAUSE Act of 2021''. SEC. 2. MAINTAINING THE STRINGENCY OF COVID-19 BORDER HEALTH PROVISIONS THROUGH THE END OF THE PANDEMIC. (a) HHS.--The Secretary of Health and Human Services shall not remove, or lessen the stringency of, the COVID-19 border health provisions unless and until-- (1) the public health emergency declared for COVID-19 under section 319 of the Public Health Service Act (42 U.S.C. 247d), including renewals thereof, is no longer in effect; (2) the public health emergencies declared for COVID-19 by all States, including renewals thereof, are no longer in effect; and (3) the Director of the Centers for Disease Control and Prevention reduces the travelers' health risk level for introducing, transmitting, and spreading COVID-19 in or from Canada and Mexico to Level 1. (b) Homeland Security.--The Secretary of Homeland Security shall not cease or lessen the implementation of the COVID-19 border health provisions unless and until each of the conditions listed in subsection (a) is met. (c) Definition.--In this section, the term ``COVID-19 border health provisions'' means the restrictions established under part G of title III of the Public Health Service Act (42 U.S.C. 264 et seq.; relating to quarantine and inspection) to prevent the introduction, transmission, or spread of COVID-19 from one or more foreign countries into the United States, including the order titled ``Order under Section 362 & 365 of the Public Health Service Act (42 U.S.C. Sec. Sec. 265, 268): Order Suspending the Right To Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists'' issued by the Director of the Centers for Disease Control and Prevention on October 13, 2020. all
H.R. 472 (Introduced in House) - District of Columbia-Maryland Reunion Act	https://www.govinfo.gov/content/pkg/BILLS-117hr472ih/html/BILLS-117hr472ih.htm	DOC 117th CONGRESS 1st Session H. R. 472 To reduce the size of the seat of the Government of the United States to the area comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol, to provide for the retrocession of the remaining area of the District of Columbia to the State of Maryland, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Johnson of South Dakota (for himself, Mr. Pfluger, Mr. Rice of South Carolina, Mr. Gibbs, Mr. Fallon, and Mr. Baird) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To reduce the size of the seat of the Government of the United States to the area comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol, to provide for the retrocession of the remaining area of the District of Columbia to the State of Maryland, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia-Maryland Reunion Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Article I, section 2, clause 1 of the United States Constitution states that the ``House of Representatives shall be composed of members chosen every second year by the people of the several states.''. (2) The Founding Fathers did not consider the proposed district that would become Washington, DC, a State under the Constitution, as evidenced when Alexander Hamilton offered an amendment to the Constitution during the New York ratification to provide full congressional representation to Washington, DC, but the convention rejected the amendment on July 22, 1788. (3) Chief Justice Marshall held in Hepburn v. Ellzey in 1805 that the term ``states'' in Article I, section 2, clause 1 of the Constitution does not include Washington, DC, for representation purposes. (4) Seven Supreme Court Justices affirmed Chief Justice Marshall's Hepburn reasoning in National Mut. Ins. Co. of Dist. of Col. v. Tidewater Transfer Co. in 1949. (5) A Democrat-controlled Congress in 1978 attempted to amend the Constitution to provide Washington, DC, with full congressional representation. The Committee on the Judiciary of the House of Representatives reported the resolution and stated that granting congressional representation to the District of Columbia as it is presently constituted would require a constitutional amendment, because ``statutory action alone will not suffice''. (6) Amending the Constitution requires two-thirds approval by each house of Congress and ratification by three-fourths of the States. In 1978, there was success in obtaining a favorable vote from two-thirds of both the House and the Senate on a constitutional amendment to provide Washington, DC, with full congressional representation, but the requirement for ratification by three-fourths of the States could not be obtained. (7) An alternative to a potentially lengthy and difficult constitutional amendment process is ceding Washington, DC, back to Maryland, just as an area of 31 square miles that was originally ceded by Virginia was returned to that State by Federal legislation in 1847, thereby ensuring that the portion of Washington, DC, in Virginia would have Senate and House representation. (8) In 1847, there was a desire to allow the District of Columbia land on the west side of the Potomac River that was not being used by the Federal Government to have its own proper representation in Congress. (9) Obtaining the desired representation for this portion of Washington, DC, would have required a constitutional amendment unless the land were given back to Virginia. (10) Instead of trying to pass a constitutional amendment, Congress in 1847 legislatively ceded back to Virginia from the District of Columbia the non-Federal land composed of 31 square miles on the west side of the Potomac River. (11) Accordingly, the District of Columbia would clearly and constitutionally have 2 Senators and a Representative with full voting rights by ceding the District of Columbia to Maryland after Maryland's acceptance of such retrocession, while maintaining the exclusive legislative authority and control of Congress over the National Capital Service Area in the District of Columbia. SEC. 3. RETROCESSION OF DISTRICT OF COLUMBIA TO MARYLAND. (a) In General.--Upon the issuance of a proclamation by the President under section 8 and except as provided in subsection (b), the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal Control Over National Capital Service Area.--Notwithstanding subsection (a), the National Capital Service Area described in section 5 shall not be ceded and relinquished to the State of Maryland and shall continue to serve as the permanent seat of the Government of the United States, and Congress shall continue to exercise exclusive legislative authority and control over such Area. SEC. 4. EFFECT ON JUDICIAL PROCEEDINGS IN DISTRICT OF COLUMBIA. (a) Continuation of Suits.--No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals.--An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. SEC. 5. NATIONAL CAPITAL SERVICE AREA DESCRIBED. (a) In General.--Subject to subsections (c), (d), and (e), upon the retrocession under section 3(a), the National Capital Service Area referred to in section 3(b) is comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol (but shall not include the District Building), and is more particularly described as the territory located within the boundaries described in subsection (b). (b) General Description.--The boundaries of the National Capital Service Area shall be as follows: Beginning at the intersection of the southern right-of-way of F Street NE and the eastern right-of-way of 2nd Street NE; (1) thence south along said eastern right-of-way of 2nd Street NE to its intersection with the northeastern right-of- way of Maryland Avenue NE; (2) thence southwest along said northeastern right-of-way of Maryland Avenue NE to its intersection with the northern right-of-way of Constitution Avenue NE; (3) thence west along said northern right-of-way of Constitution Avenue NE to its intersection with the eastern right-of-way of 1st Street NE; (4) thence south along said eastern right-of-way of 1st Street NE to its intersection with the southeastern right-of- way of Maryland Avenue NE; (5) thence northeast along said southeastern right-of-way of Maryland Avenue NE to its intersection with the eastern right-of-way of 2nd Street SE; (6) thence south along said eastern right-of-way of 2nd Street SE to the eastern right-of-way of 2nd Street SE; (7) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the northern property boundary of the property designated as Square 760 Lot 803; (8) thence east along said northern property boundary of Square 760 Lot 803 to its intersection with the western right- of-way of 3rd Street SE; (9) thence south along said western right-of-way of 3rd Street SE to its intersection with the northern right-of-way of Independence Avenue SE; (10) thence west along said northern right-of-way of Independence Avenue SE to its intersection with the northwestern right-of-way of Pennsylvania Avenue SE; (11) thence northwest along said northwestern right-of-way of Pennsylvania Avenue SE to its intersection with the eastern right-of-way of 2nd Street SE; (12) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the southern right-of-way of C Street SE; (13) thence west along said southern right-of-way of C Street SE to its intersection with the eastern right-of-way of 1st Street SE; (14) thence south along said eastern right-of-way of 1st Street SE to its intersection with the southern right-of-way of D Street SE; (15) thence west along said southern right-of-way of D Street SE to its intersection with the eastern right-of-way of South Capitol Street; (16) thence south along said eastern right-of-way of South Capitol Street to its intersection with the northwestern right- of-way of Canal Street SE; (17) thence southeast along said northwestern right-of-way of Canal Street SE to its intersection with the southern right- of-way of E Street SE; (18) thence east along said southern right-of-way of said E Street SE to its intersection with the western right-of-way of 1st Street SE; (19) thence south along said western right-of-way of 1st Street SE to its intersection with the southernmost corner of the property designated as Square 736S Lot 801; (20) thence west along a line extended due west from said corner of said property designated as Square 736S Lot 801 to its intersection with the southwestern right-of-way of New Jersey Avenue SE; (21) thence southeast along said southwestern right-of-way of New Jersey Avenue SE to its intersection with the northwestern right-of-way of Virginia Avenue SE; (22) thence northwest along said northwestern right-of-way of Virginia Avenue SE to its intersection with the western right-of-way of South Capitol Street; (23) thence north along said western right-of-way of South Capitol Street to its intersection with the southern right-of- way of E Street SW; (24) thence west along said southern right-of-way of E Street SW to its end; (25) thence west along a line extending said southern right-of-way of E Street SW westward to its intersection with the eastern right-of-way of 2nd Street SW; (26) thence north along said eastern right-of-way of 2nd Street SW to its intersection with the southwestern right-of- way of Virginia Avenue SW; (27) thence northwest along said southwestern right-of-way of Virginia Avenue SW to its intersection with the western right-of-way of 3rd Street SW; (28) thence north along said western right-of-way of 3rd Street SW to its intersection with the northern right-of-way of D Street SW; (29) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 4th Street SW; (30) thence north along said eastern right-of-way of 4th Street SW to its intersection with the northern right-of-way of C Street SW; (31) thence west along said northern right-of-way of C Street SW to its intersection with the eastern right-of-way of 6th Street SW; (32) thence north along said eastern right-of-way of 6th Street SW to its intersection with the northern right-of-way of Independence Avenue SW; (33) thence west along said northern right-of-way of Independence Avenue SW to its intersection with the western right-of-way of 12th Street SW; (34) thence south along said western right-of-way of 12th Street SW to its intersection with the northern right-of-way of D Street SW; (35) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 14th Street SW; (36) thence south along said eastern right-of-way of 14th Street SW to its intersection with the northeastern boundary of the Consolidated Rail Corporation railroad easement; (37) thence southwest along said northeastern boundary of the Consolidated Rail Corporation railroad easement to its intersection with the eastern shore of the Potomac River; (38) thence generally northwest along said eastern shore of the Potomac River to its intersection with a line extending westward the northern boundary of the property designated as Square 12 Lot 806; (39) thence east along said line extending westward the northern boundary of the property designated as Square 12 Lot 806 to the northern property boundary of the property designated as Square 12 Lot 806, and continuing east along said northern boundary of said property designated as Square 12 Lot 806 to its northeast corner; (40) thence east along a line extending east from said northeast corner of the property designated as Square 12 Lot 806 to its intersection with the western boundary of the property designated as Square 33 Lot 87; (41) thence south along said western boundary of the property designated as Square 33 Lot 87 to its intersection with the northwest corner of the property designated as Square 33 Lot 88; (42) thence counter-clockwise around the boundary of said property designated as Square 33 Lot 88 to its southeast corner, which is along the northern right-of-way of E Street NW; (43) thence east along said northern right-of-way of E Street NW to its intersection with the western right-of-way of 18th Street NW; (44) thence south along said western right-of-way of 18th Street NW to its intersection with the southwestern right-of- way of Virginia Avenue NW; (45) thence southeast along said southwestern right-of-way of Virginia Avenue NW to its intersection with the northern right-of-way of Constitution Avenue NW; (46) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the eastern right-of-way of 17th Street NW; (47) thence north along said eastern right-of-way of 17th Street NW to its intersection with the southern right-of-way of H Street NW; (48) thence east along said southern right-of-way of H Street NW to its intersection with the northwest corner of the property designated as Square 221 Lot 35; (49) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 35 to its southeast corner, which is along the boundary of the property designated as Square 221 Lot 37; (50) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 37 to its southwest corner, which it shares with the property designated as Square 221 Lot 818; (51) thence south along the boundary of said property designated as Square 221 Lot 818 to its southwest corner, which it shares with the property designated as Square 221 Lot 40; (52) thence south along the boundary of said property designated as Square 221 Lot 40 to its southwest corner; (53) thence east along the southern border of said property designated as Square 221 Lot 40 to its intersection with the northwest corner of the property designated as Square 221 Lot 820; (54) thence south along the western boundary of said property designated as Square 221 Lot 820 to its southwest corner, which it shares with the property designated as Square 221 Lot 39; (55) thence south along the western boundary of said property designated as Square 221 Lot 39 to its southwest corner, which is along the northern right-of-way of Pennsylvania Avenue NW; (56) thence east along said northern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 15th Street NW; (57) thence south along said western right-of-way of 15th Street NW to its intersection with a line extending northwest from the southern right-of-way of the portion of Pennsylvania Avenue NW north of Pershing Square; (58) thence southeast along said line extending the southern right-of-way of Pennsylvania Avenue NW to the southern right-of-way of Pennsylvania Avenue NW, and continuing southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 14th Street NW; (59) thence south along said western right-of-way of 14th Street NW to its intersection with a line extending west from the southern right-of-way of D Street NW; (60) thence east along said line extending west from the southern right-of-way of D Street NW to the southern right-of- way of D Street NW, and continuing east along said southern right-of-way of D Street NW to its intersection with the eastern right-of-way of 13\1/2\ Street NW; (61) thence north along said eastern right-of-way of 13\1/ 2\ Street NW to its intersection with the southern right-of-way of Pennsylvania Avenue NW; (62) thence east and southeast along said southern right- of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 12th Street NW; (63) thence south along said western right-of-way of 12th Street NW to its intersection with a line extending to the west the southern boundary of the property designated as Square 324 Lot 809; (64) thence east along said line to the southwest corner of said property designated as Square 324 Lot 809, and continuing northeast along the southern boundary of said property designated as Square 324 Lot 809 to its eastern corner, which it shares with the property designated as Square 323 Lot 802; (65) thence east along the southern boundary of said property designated as Square 323 Lot 802 to its southeast corner, which it shares with the property designated as Square 324 Lot 808; (66) thence counter-clockwise around the boundary of said property designated as Square 324 Lot 808 to its northeastern corner, which is along the southern right-of-way of Pennsylvania Avenue NW; (67) thence southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the eastern right-of-way of 4th Street NW; (68) thence north along a line extending north from said eastern right-of-way of 4th Street NW to its intersection with the southern right-of-way of C Street NW; (69) thence east along said southern right-of-way of C Street NW to its intersection with the eastern right-of-way of 3rd Street NW; (70) thence north along said eastern right-of-way of 3rd Street NW to its intersection with the southern right-of-way of D Street NW; (71) thence east along said southern right-of-way of D Street NW to its intersection with the western right-of-way of 1st Street NW; (72) thence south along said western right-of-way of 1st Street NW to its intersection with the northern right-of-way of C Street NW; (73) thence west along said northern right-of-way of C Street NW to its intersection with the western right-of-way of 2nd Street NW; (74) thence south along said western right-of-way of 2nd Street NW to its intersection with the northern right-of-way of Constitution Avenue NW; (75) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (76) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the southwestern right-of-way of New Jersey Avenue NW; (77) thence northwest along said southwestern right-of-way of New Jersey Avenue NW to its intersection with the northern right-of-way of D Street NW; (78) thence east along said northern right-of-way of D Street NW to its intersection with the northeastern right-of- way of Louisiana Avenue NW; (79) thence northeast along said northwestern right-of-way of Louisiana Avenue NW to its intersection with the western right-of-way of North Capitol Street; (80) thence north along said western right-of-way of North Capitol Street to its intersection with the southwestern right- of-way of Massachusetts Avenue NW; (81) thence southeast along said southwestern right-of-way of Massachusetts Avenue NW to the southwestern right-of-way of Massachusetts Avenue NE; (82) thence southeast along said southwestern right-of-way of Massachusetts Avenue NE to the southern right-of-way of Columbus Circle NE; (83) thence counter-clockwise along said southern right-of- way of Columbus Circle NE to its intersection with the southern right-of way of F Street NE; and (84) thence east along said southern right-of-way of F Street NE to the point of beginning. (c) Streets and Sidewalks.--The Federal District shall include any street (and sidewalk thereof) that bounds the area described in subsection (b). (d) Metes and Bounds Survey.--Not later than 180 days after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a metes and bounds survey of the National Capital Service Area, as described in subsection (b). (e) Clarification of Treatment of Frances Perkins Building.--The entirety of the Frances Perkins Building, including any portion of the Building which is north of D Street Northwest, shall be included in the National Capital Service Area. SEC. 6. TRANSITION PROVISIONS RELATING TO HOUSE OF REPRESENTATIVES. (a) Temporary Increase in Apportionment.-- (1) In general.--Until the taking effect of the first reapportionment occurring after the effective date of this Act-- (A) the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland; (B) the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and (C) such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Increase not counted against total number of members.-- The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a), for the 82nd Congress and each Congress thereafter. (b) Repeal of Laws Providing for Delegate From the District of Columbia.-- (1) In general.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1- 402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (2) Effective date.--The amendments made by this subsection shall take effect on the date on which the individual serving as the Delegate to the House of Representatives from the District of Columbia first serves as a member of the House of Representatives from the State of Maryland. SEC. 7. EFFECT ON OTHER LAWS. No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. SEC. 8. PROCLAMATION REGARDING ACCEPTANCE OF RETROCESSION BY MARYLAND. (a) Proclamation by State of Maryland.--Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 3(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. (b) Report by Congressional Budget Office on Economic Impact.-- (1) In general.--The Director of the Congressional Budget Office shall prepare a report analyzing the anticipated economic impact on the State of Maryland of the State's acceptance of the retrocession described in section 3(a), including the anticipated effect on the budgets of the State government and local governments, and shall submit the report to Congress and the governor of Maryland. (2) Delay in enactment of legislation.--The State of Maryland may not enact legislation accepting the retrocession described in section 3(a) until the expiration of the 1-year period which begins on the date the Director of the Congressional Budget Office submits the report prepared under paragraph (1) to the governor of Maryland. SEC. 9. EFFECTIVE DATE. The provisions of this Act and the amendments made by this Act shall take effect on the date the President issues a proclamation under section 8 or the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution, whichever comes later. all
H.R. 473 (Engrossed in House) - Trusted Traveler Reconsideration and Restoration Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr473eh/html/BILLS-117hr473eh.htm	DOC 117th CONGRESS 1st Session H. R. 473 _______________________________________________________________________ AN ACT To require a review of Department of Homeland Security trusted traveler programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trusted Traveler Reconsideration and Restoration Act of 2021''. SEC. 2. COMPTROLLER GENERAL REVIEW. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual's enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department's own redress processes but which offenses impact an individual's enrollment in a trusted traveler program. (3) How the Department may improve individuals' access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program. SEC. 3. ENROLLMENT REDRESS. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon re-enrollment in such a program by such an individual. Passed the House of Representatives April 19, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 473 _______________________________________________________________________ AN ACT To require a review of Department of Homeland Security trusted traveler programs, and for other purposes.
H.R. 473 (Introduced in House) - Trusted Traveler Reconsideration and Restoration Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr473ih/html/BILLS-117hr473ih.htm	DOC 117th CONGRESS 1st Session H. R. 473 To require a review of Department of Homeland Security trusted traveler programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Katko (for himself, Mrs. Watson Coleman, and Ms. Slotkin) introduced the following bill; which was referred to the Committee on Homeland Security _______________________________________________________________________ A BILL To require a review of Department of Homeland Security trusted traveler programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trusted Traveler Reconsideration and Restoration Act of 2021''. SEC. 2. COMPTROLLER GENERAL REVIEW. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual's enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department's own redress processes but which offenses impact an individual's enrollment in a trusted traveler program. (3) How the Department may improve individuals' access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program. SEC. 3. ENROLLMENT REDRESS. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon re-enrollment in such a program by such an individual. all
H.R. 473 (Referred in Senate) - Trusted Traveler Reconsideration and Restoration Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr473rfs/html/BILLS-117hr473rfs.htm	DOC 117th CONGRESS 1st Session H. R. 473 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 20, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To require a review of Department of Homeland Security trusted traveler programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trusted Traveler Reconsideration and Restoration Act of 2021''. SEC. 2. COMPTROLLER GENERAL REVIEW. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of Department of Homeland Security trusted traveler programs. Such review shall examine the following: (1) The extent to which the Department of Homeland Security tracks data and monitors trends related to trusted traveler programs, including root causes for identity-matching errors resulting in an individual's enrollment in a trusted traveler program being reinstated. (2) Whether the Department coordinates with the heads of other relevant Federal, State, local, Tribal, or territorial entities regarding redress procedures for disqualifying offenses not covered by the Department's own redress processes but which offenses impact an individual's enrollment in a trusted traveler program. (3) How the Department may improve individuals' access to reconsideration procedures regarding a disqualifying offense for enrollment in a trusted traveler program that requires the involvement of any other Federal, State, local, Tribal, or territorial entity. (4) The extent to which travelers are informed about reconsideration procedures regarding enrollment in a trusted traveler program. SEC. 3. ENROLLMENT REDRESS. Notwithstanding any other provision of law, the Secretary of Homeland Security shall, with respect to an individual whose enrollment in a trusted traveler program was revoked in error extend by an amount of time equal to the period of revocation the period of active enrollment in such a program upon re-enrollment in such a program by such an individual. Passed the House of Representatives April 19, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 474 (Introduced in House) - Protecting Consumer Information Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr474ih/html/BILLS-117hr474ih.htm	DOC 117th CONGRESS 1st Session H. R. 474 To direct the Federal Trade Commission to review and potentially revise its standards for safeguarding customer information to ensure that such standards require certain consumer reporting agencies and service providers of such agencies to maintain sufficient safeguards against cyber attacks and related threats, to provide for additional authority to enforce such standards with respect to such agencies and providers, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Lieu introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the Federal Trade Commission to review and potentially revise its standards for safeguarding customer information to ensure that such standards require certain consumer reporting agencies and service providers of such agencies to maintain sufficient safeguards against cyber attacks and related threats, to provide for additional authority to enforce such standards with respect to such agencies and providers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Consumer Information Act of 2021''. SEC. 2. STANDARDS FOR CYBERSECURITY SAFEGUARDS FOR CERTAIN CONSUMER REPORTING AGENCIES AND SERVICE PROVIDERS. (a) Review of Standards; Potential Revision.-- (1) Review.--Not later than 90 days after the date of the enactment of this Act, the Commission shall complete a review of the standards contained in the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) to determine whether such standards require covered consumer reporting agencies and covered service providers to maintain sufficient safeguards to protect customer records and information against cyber attacks and related threats. (2) Revision.--If the Commission determines in the review completed under paragraph (1) that the standards contained in the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) do not require covered consumer reporting agencies and covered service providers to maintain sufficient safeguards to protect customer records and information against cyber attacks and related threats, not later than 180 days after the date of the completion of the review, the Commission shall, pursuant to section 553 of title 5, United States Code, revise such regulations so as to provide for standards applicable to covered consumer reporting agencies and covered service providers that require such agencies and providers to maintain sufficient safeguards to protect customer records and information against cyber attacks and related threats. (b) Investigations.-- (1) Initial investigation.-- (A) In general.--Not later than 18 months after the date described in subparagraph (B), the Commission shall complete an investigation of each person or entity that, as of the date described in such subparagraph, is a covered consumer reporting agency or covered service provider, to determine whether such agency or provider is in compliance with the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801). (B) Date described.--The date described in this subparagraph is-- (i) if no revision of such regulations is required by paragraph (2) of subsection (a), the date of the completion of the review required by paragraph (1) of such subsection; or (ii) if revision of such regulations is required by paragraph (2) of such subsection, the date on which the Commission issues the revised regulations. (2) Subsequent investigations.--From time to time after the date that is 18 months after the date described in paragraph (1)(B), the Commission shall complete an investigation of each covered consumer reporting agency and each covered service provider to determine whether such agency or provider is in compliance with the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801). SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of a regulation issued by the Commission under section 501 of the Gramm- Leach-Bliley Act (15 U.S.C. 6801) by a covered consumer reporting agency or a covered service provider shall be treated as a violation of a rule under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (b) Powers of Commission.--The Commission shall enforce, with respect to covered consumer reporting agencies and covered service providers, the regulations issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of such section. Any covered consumer reporting agency or covered service provider that violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. SEC. 4. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) In General.--In any case in which the attorney general of a State, or an official or agency of a State, has reason to believe that an interest of the residents of such State has been or is threatened or adversely affected by an act or practice by a covered consumer reporting agency or covered service provider in violation of a regulation issued by the Commission under section 501 of the Gramm- Leach-Bliley Act (15 U.S.C. 6801), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to-- (1) enjoin such act or practice; (2) enforce compliance with such regulation; (3) obtain damages, restitution, or other compensation on behalf of residents of the State; or (4) obtain such other legal and equitable relief as the court may consider to be appropriate. (b) Notice.--Before filing an action under this section, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this subsection before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (c) Authority of Commission.-- (1) In general.--On receiving notice under subsection (b) of an action under this section, the Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions for appeal. (2) Limitation on state action while federal action is pending.--If the Commission or the Attorney General of the United States has instituted a civil action for violation of a regulation issued by the Commission under section 501 of the Gramm-Leach-Bliley Act (15 U.S.C. 6801) by a covered consumer reporting agency or covered service provider (referred to in this paragraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this section during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such regulation alleged in such complaint. (d) Rule of Construction.--For purposes of bringing a civil action under this section, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. SEC. 5. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered consumer reporting agency.--The term ``covered consumer reporting agency'' means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis (as defined in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p))). (3) Covered service provider.--The term ``covered service provider'' means any person or entity that is a service provider (as defined in section 314.2 of title 16, Code of Federal Regulations) through provision of services to a covered consumer reporting agency. all
H.R. 475 (Introduced in House) - Health Care Fairness for Military Families Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr475ih/html/BILLS-117hr475ih.htm	DOC 117th CONGRESS 1st Session H. R. 475 To amend title 10, United States Code, to improve dependent coverage under the TRICARE Young Adult Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mrs. Luria (for herself and Mr. Waltz) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to improve dependent coverage under the TRICARE Young Adult Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Fairness for Military Families Act of 2021''. SEC. 2. IMPROVEMENTS TO DEPENDENT COVERAGE UNDER TRICARE YOUNG ADULT PROGRAM. (a) Expansion of Eligibility.--Section 1110b of title 10, United States Code, is amended in subsection (b)-- (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Elimination of Separate Premium for a Young Adult.--Section 1110b of such title is further amended by striking subsection (c). (c) Conforming Amendment.--Section 1075(c)(3) of title 10, United States Code, is amended by striking ``section 1076d, 1076e, or 1110b'' and inserting ``section 1076d or 1076e''. all
H.R. 476 (Introduced in House) - Innovation Centers Acceleration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr476ih/html/BILLS-117hr476ih.htm	DOC 117th CONGRESS 1st Session H. R. 476 To strengthen American economic resiliency and equitably expand economic opportunity by launching a national competition, promoting State and local strategic planning, encouraging innovation by the public and private sectors, and by substantially investing Federal resources in research and development. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Morelle (for himself, Ms. Sewell, Mr. Phillips, Ms. Norton, and Mr. Case) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Small Business, Education and Labor, Energy and Commerce, Transportation and Infrastructure, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To strengthen American economic resiliency and equitably expand economic opportunity by launching a national competition, promoting State and local strategic planning, encouraging innovation by the public and private sectors, and by substantially investing Federal resources in research and development. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation Centers Acceleration Act''. SEC. 2. DEFINITIONS. In this Act: (1) Committee.--The term ``Committee'' means the Innovation Center Selection Committee established under section 3. (2) Eligible area.--The term ``eligible area'' means a metropolitan statistical area that-- (A) has a population of not less than 500,000; and (B) is not designated as an established tech hub. (3) Established tech hub.--The term ``established tech hub'' means the 9 metropolitan statistical areas in the United States with the largest total number of innovation sector jobs in 2019. (4) Hispanic-serving institution.--The term ``Hispanic- serving institution'' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a). (5) Historically black college or university.--The term ``historically Black college or university'' has the meaning given the term ``part B institution'' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (6) Innovation center.--The term ``innovation center'' means an eligible area designated by the Committee under section 3(e). (7) Innovation sector job.--The term ``innovation sector job'' means a job in the following research and development sectors, as categorized under the North American Industry Classification System: (A) Basic chemical manufacturing (3251). (B) Pesticide, fertilizer, and other agricultural chemical manufacturing (3253). (C) Pharmaceutical and medicine manufacturing (3254). (D) Computer and peripheral equipment manufacturing (3341). (E) Communications equipment manufacturing (3342). (F) Semiconductor and other electronic components manufacturing (3344). (G) Navigational, measuring, electromedical, and control instruments manufacturing (3345). (H) Aerospace product and parts manufacturing (3364). (I) Software publishers (5112). (J) Satellite telecommunications (5174). (K) Data processing, hosting, and related services (5182). (L) Other information services (5191). (M) Scientific research and development services (5417). (8) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. SEC. 3. INNOVATION CENTER SELECTION COMMITTEE. (a) Establishment.--There is established the Innovation Center Selection Committee, which shall-- (1) establish the global competitive edge of the United States in the 21st century across a range of innovation sectors critical to national and economic security; (2) enable 9 metropolitan statistical areas in the United States to become innovation centers for global innovation leadership and models for inclusive growth, equal opportunity, and rising living standards for disadvantaged populations; (3) inspire, within metropolitan statistical areas in the United States across the country, new and constructive collaboration among local, State, and Federal government entities, academia, and private industry by issuing a call for innovation center proposals with clear, ambitious objectives; (4) carry out a transparent, competitive, fair, and rigorous process for selecting innovation centers; (5) ensure the transparent, efficient and effective use of taxpayer funds; and (6) empirically evaluate the effectiveness of innovation centers through release of publicly available reports and data. (b) Membership.-- (1) Composition.-- (A) Voting members.--The Committee shall be composed of the following voting members: (i) The Secretary of Commerce, who shall serve as chairperson of the Committee. (ii) The Administrator of the Small Business Administration. (iii) The Deputy Secretary for Housing and Urban Development. (iv) The Director of the Community Development Financial Institution Fund. (v) The Director of the National Science Foundation. (vi) The Director of the National Institute of Standards and Technology. (vii) The Director of the National Economic Council. (viii) The Assistant Secretary of Commerce for Economic Development. (ix) The Assistant Secretary for Employment and Training. (x) The Director of the Office of Science and Technology Policy. (xi) The Under Secretary of Defense for Research and Engineering. (xii) The Under Secretary for Science of the Department of Energy. (xiii) The Director of the National Institutes of Health. (xiv) The Under Secretary for Science and Technology of the Department of Homeland Security. (xv) The Administrator of the National Aeronautics and Space Administration. (2) Nonvoting members.-- (A) In general.--The Committee shall have 8 nonvoting members, of which, from among leaders of labor organizations or research institutions, or leaders from private industry or professional societies-- (i) 2 shall be appointed by the majority leader of the Senate; (ii) 2 shall be appointed by the minority leader of the Senate; (iii) 2 shall be appointed by the Speaker of the House of Representatives; and (iv) 2 shall be appointed by the minority leader of the House of Representatives. (B) Term.--The nonvoting members appointed under subparagraph (A)-- (i) shall serve for a term of 5 years; and (ii) may be reappointed to subsequent terms. (C) Vacancies.--A vacancy in the nonvoting membership of the Committee shall be filled in the same manner as the original appointment, but the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed. (D) Deadline for appointments.--The nonvoting members of the Committee shall be appointed under this paragraph not later than 30 days after the date of enactment of this Act. (3) Initial meeting.--Not later than 30 days after the date on which all members of the Committee are appointed, the Committee shall hold its first meeting. (c) Compensation.--A nonvoting member of the Committee appointed under subsection (b)(2) shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. (d) Staff.-- (1) In general.--The Committee may appoint a staff director and other personnel as necessary to carry out the duties of the Committee. (2) Member agencies.--The Department of Commerce, the Department of Labor, the Department of the Treasury, the Department of Housing and Urban Development, the Department of Defense, the Department of Energy, the Department of Health and Human Services, the Small Business Administration, and the Department of Transportation shall provide necessary staffing support to the Committee, as determined by the Committee. (e) Selection of Innovation Centers.-- (1) In general.--The Committee shall select 9 eligible areas to serve as innovation centers and receive the Federal innovation supports described in section 4. (2) Application.-- (A) Request for proposals.--Not later than 3 months after the date of enactment of this Act, the Committee shall issue a request for applications from eligible entities. (B) Submission.--Each eligible area desiring to be selected as an innovation center shall submit to the Committee an application through a proposal committee created by the eligible area, which shall include representation from each State located in the eligible area and each municipal government representing not less than 200,000 individuals located in the eligible area. (3) Selection criteria.--In selecting innovation centers under this section, the Committee shall evaluate each applicant based on-- (A) the performance of the applicant in-- (i) STEM spending per capita; (ii) the number of patents per 100,000 residents; (iii) the share of the population with a Bachelor of Arts degree or a higher degree; and (iv) the number of STEM university degrees per capita; (B) a plan to use data-driven strategies to promote innovation-based, advanced sector takeoff, focused on local interplay of university, Federal research institution, and industry core competencies; (C) a plan to increase innovation readiness, including expanding research and technology development facilities and developing the local STEM workforce, including through partnerships with entities with demonstrated success of administering apprenticeship and other workforce development models; (D) a plan to build or improve areas that attract and support workers and firms; (E) a plan to foster racial equity and inclusive growth, including by leveraging minority serving institutions, preventing gentrification, combatting segregation, promoting the inclusion of underrepresented residents, and ensuring affordable housing options; (F) a plan to invest the financial resources of the applicant; (G) a plan to partner with local workforce development boards to scale up training to meet new workforce demands; (H) a plan to incorporate and bring growth and opportunity to a broad geographic area beyond the limits of the metropolitan statistical area, including rural areas, through improved transportation, high speed internet access, other investments, and partnerships; and (I) the relative potential for the selection of the innovation center to reverse a decline, or accelerate growth, in innovation sector jobs. (4) Geographic diversity.--In selecting innovation centers under this section, the Committee shall ensure a broad geographic representation of the United States. (5) Site visits.--The Committee may conduct site visits to eligible areas that are finalists for selection as an innovation center. (6) Timeline for selection.--The Committee shall, by secret ballot, vote to select the 9 innovation centers not later than 12 months after the date of enactment of this Act. (7) Evaluation and renewal.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Committee shall establish evaluation and renewal criteria to measure-- (i) the progress of an innovation center toward becoming a center for technology innovation; (ii) the effectiveness of an innovation center in translating innovation sector growth into broadly shared economic opportunity within the innovation center; and (iii) the ethical and efficient use of Federal funds. (B) Report to congress.--Beginning in the third full year following the date of enactment of this Act, and not less frequently than once every 3 years thereafter, the Committee shall submit to Congress and each agency represented on the Committee, and make publicly available, a report on the progress of each innovation center in meeting the objectives described in paragraph (3). (C) Evaluation.-- (i) In general.--During the third year in which an innovation center is in existence, the Committee shall conduct an evaluation based on established benchmarks for achieving the objectives described in paragraph (3) to determine whether the designation as an innovation center shall be renewed for 3 additional years. (ii) Failure to meet benchmarks.--An innovation center that fails to meet a majority of the benchmarks established under clause (i) shall not be renewed as an innovation center. (D) Renewal limit.--An innovation center shall be designated as such for a period of 3 years, and the Committee may renew the designation for not more than 2 additional 3-year terms. (f) Final Report.--Not later than 1 year after the date on which all innovation centers have exhausted their designations and renewals as an innovation center, the Committee shall submit to Congress and each agency represented on the Committee, and make publicly available, a final cumulative report on the efficacy of the program. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Committee for travel and administrative expenses related to carrying out the duties of the Committee-- (1) $5,000,000 for each of the first 2 fiscal years beginning after the date of enactment of this Act; and (2) $1,000,000 for each of the 8 fiscal years following the 2 fiscal years described in paragraph (1). SEC. 4. FEDERAL INNOVATION SUPPORTS. (a) In General.--An innovation center shall be eligible for the Federal innovation supports described in this section. (b) Direct Federal Investment.-- (1) National science foundation research funding.-- (A) Funding goal.--The Director of the National Science Foundation shall pursue a goal of awarding through a rigorous selection process, for each innovation center that gets its designation renewed continually for 3 terms, a total of $1,250,000,000 in grant funds to entities located in that innovation center by the end of the 9th year of the designation of that innovation center, by proportionally increasing the total amount of the grants awarded over the 9-year period. (B) Additional funding.--In addition to awarding grants in pursuit of the goal described in subparagraph (A), the Director shall award grants-- (i) with a focus on universities or other research institutions that commit to expanding research and workforce capabilities aligned with industries and technologies and with a preference for universities or institutions that are-- (I) concentrated in an innovation center; or (II) key to national challenges; or (ii) that include industry-university research partnership programs. (C) Tracking.--In each year, the Director of the National Science Foundation shall track the aggregate amount of grants awarded by the Director to entities in that year, disaggregated by innovation center. (D) Authorization of additional appropriations.-- There are authorized to be appropriated to carry out this paragraph, in addition to amounts that would otherwise be appropriated in a year for the National Science Foundation, amounts as follows: (i) For fiscal year 2022, $0. (ii) For fiscal year 2023, $1,110,000,000. (iii) For fiscal year 2024, $2,220,000,000. (iv) For fiscal year 2025, $3,330,000,000. (v) For fiscal year 2026, $4,440,000,000. (vi) For fiscal year 2027, $5,550,000,000. (vii) For fiscal year 2028, $6,660,000,000. (viii) For fiscal year 2029, $7,770,000,000. (ix) For fiscal year 2030, $8,880,000,000. (x) For fiscal year 2031, $9,990,000,000. (2) National science foundation graduate research fellowships and undergraduate research programs.-- (A) Expansion.--The Director of the National Science Foundation shall expand graduate research fellowships and programs focused on undergraduate research opportunities, including-- (i) research experiences for undergraduates; (ii) advanced technological education programs; (iii) historically Black colleges and universities undergraduate programs; and (iv) Hispanic-serving institutions. (B) Allocation.--The amounts expended by the Director to carry out subparagraph (A), 35 percent of such amounts shall be expended for the expansion of graduate research fellowships and undergraduate research opportunities in innovation centers. (C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph amounts as follows: (i) In fiscal year 2023, $57,000,000. (ii) In fiscal year 2024, $114,000,000. (iii) In fiscal year 2025, $171,000,000. (iv) In fiscal year 2026, $228,000,000. (v) In fiscal year 2027, $285,000,000. (vi) In fiscal year 2028, $342,000,000. (vii) In fiscal year 2029, $399,000,000. (viii) In fiscal year 2030, $456,000,000. (ix) In fiscal year 2031, $513,000,000. (3) National science foundation industry-university cooperative research centers program.--The Director of the National Science Foundation shall consider the location of a university within an innovation center to be a strength for purposes of selection criteria under the Industry-University Cooperative Research Centers program. (4) Small business innovation research.--Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is amended by adding at the end the following: ``(5) Modifications relating to innovation centers.-- ``(A) Definition.--In this paragraph, the term `innovation center' has the meaning given the term in section 2 of the Innovation Centers Acceleration Act. ``(B) Requirement.--Not later than 6 months after the date of enactment of the Innovation Centers Acceleration Act, the Administrator shall modify the policy directives issued pursuant to this subsection-- ``(i) to provide that, during the 10-year period beginning on the date of enactment of the Innovation Centers Acceleration Act, the location of a small business concern within an innovation center shall be considered a strength under the selection criteria for Phase I and Phase II proposals under the SBIR program of a Federal agency; and ``(ii) to require the Administrator to track and publish on an annual basis the total value of SBIR awards made to small business concerns located in innovation centers.''. (5) Manufacturing usa program.-- (A) Definitions.--In this paragraph: (i) Manufacturing usa program.--The term ``Manufacturing USA Program'' means the program established under section 34(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(b)). (ii) Manufacturing usa institute.--The term ``Manufacturing USA institute'' means an institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)). (B) Expansion.--Under section 34(e) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(e)), the Secretary shall award financial assistance to assist in the establishment and support of-- (i) 9 new Manufacturing USA institutes; or (ii) a combination of satellites to existing Manufacturing USA institutes or new Manufacturing USA institutes. (C) Selection.-- (i) In general.--Manufacturing USA institutes and satellites shall be identified and funded under subparagraph (B) from among proposals submitted to the Secretary for purposes of this paragraph. (ii) Proposal elements.--Any proposal submitted to the Secretary in accordance with clause (i) shall include-- (I) a plan for the institute or satellite concerned to support or otherwise align with existing Manufacturing USA institutes, including through-- (aa) membership in, or partnership or formal affiliation with, an existing Manufacturing USA institute; or (bb) a plan to reach a segment, population, or geographic area not already covered by or engaged with existing Manufacturing USA institutes; and (II) a plan for cost-sharing for the activities of the institute or satellite concerned, including the sources of funds and amounts to be contributed. (iii) Selection of satellites.--Any selection of a satellite to an existing Manufacturing USA institute under this subparagraph shall be made by the Secretary in consultation with exiting Manufacturing USA institutes. (iv) Priority relating to innovation centers.--In identifying and funding a new Manufacturing USA institute or a combination of satellites to existing or new Manufacturing USA institutes under subparagraph (B), the Secretary shall give priority to proposals for identification and funding of Manufacturing USA institutes in an innovation center, in whole or in substantial part. (v) Prevention of overlap and redundancy.-- In identifying and funding Manufacturing USA institutes or satellites to Manufacturing USA institutes under subparagraph (B), the Secretary shall, to the extent practicable, avoid overlap or redundancy in mission, technology focus, or funding with existing Manufacturing USA institutes. (D) Amount of financial assistance.-- (i) New manufacturing usa institutes.--For each Manufacturing USA institute identified and funded under subparagraph (B), the Secretary may expend up to $70,000,000 during the period of fiscal years 2022 through 2033. (ii) Manufacturing usa institute satellites.--For each Manufacturing USA institute satellite or expansion supported under subparagraph (B), the Secretary may expend up to $25,000,000 during the period of fiscal years 2022 through 2033. (E) Allocation.--Not less than 33 percent of the financial assistance provided under subparagraph (B) shall be for identifying and funding Manufacturing USA institutes in innovation centers. (6) Manufacturing universities.--The Secretary of Commerce and the Secretary of Defense shall consider the location of a university within an innovation center to be a strength for purposes of selection criteria under the Manufacturing Universities Program. (7) Minority business development agency.-- (A) In general.--The National Director of the Minority Business Development Agency may, acting through the Inner City Innovation Hub program, award not more than 2 grants to eligible entities located within each innovation center. (B) Amount of grant.--A grant awarded under subparagraph (A) may not exceed $1,500,000. (C) Authorization of appropriations.--There are authorized to be appropriated to the National Director of the Minority Business Development Agency $27,000,000 for each of fiscal years 2023 through 2031. (8) Additional regional innovations strategies grants.-- (A) Definition of innovation center.--Section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703) is amended by adding at the end the following: ``(12) `Innovation center' has the meaning given the term in section 2 of the Innovation Centers Acceleration Act.''. (B) Grants.--Section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) is amended-- (i) in subsection (c)-- (I) in paragraph (1), by striking ``As part of the program'' and inserting the following: ``(A) In general.--As part of the program''; and (II) by adding at the end the following: ``(B) Innovation center grants.--As a part of the program established pursuant to subsection (b), the Assistant Secretary of Commerce for Economic Development may award grants, on a competitive basis, to eligible recipients described in subsection (a)(1)(D) located within innovation centers.''; and (ii) in subsection (h)-- (I) by striking ``From amounts appropriated'' and inserting the following: ``(1) In general.--From amounts appropriated''; and (II) by adding at the end the following: ``(2) Innovation center grants.--There are authorized to be appropriated to the Secretary to award grants under subsection (c)(1)(B) $5,000,000 for each of fiscal years 2023 through 2031.''. (9) Workforce investment activities in consultation with innovation centers.-- (A) Youth workforce activities.--Section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164) is amended by adding at the end the following: ``(d) Youth Workforce Activities in Consultation With Innovation Centers.-- ``(1) Funding.-- ``(A) In general.--Using funds made available under section 136(d), the Secretary shall provide a grant to each local area that-- ``(i) is within the area covered by an innovation center selected under subsection (e) of section 3 of the Innovation Centers Acceleration Act; and ``(ii) the Innovation Center Selection Committee established under that section 3 certifies is working in partnership with that innovation center. ``(B) Amount.--The amount of the grant for a fiscal year shall be equal to the allocation that the local area receives under section 128(b) for that fiscal year. ``(C) Prohibition.--The Secretary may not reduce the amount that any local area receives through an allocation under section 128(b) because local areas described in subparagraph (A) receive grants under this subsection. ``(2) Use of funds.--The local area shall use the grant funds in accordance with subsection (c), after consultation with the innovation center.''. (B) Adult and dislocated worker employment and training activities.--Section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174) is amended by adding at the end the following: ``(e) Adult and Dislocated Worker Employment and Training Activities in Consultation With Innovation Centers.-- ``(1) Funding.-- ``(A) In general.--Using funds made available under section 136(d), the Secretary shall provide a grant to each local area that-- ``(i) is within the area covered by an innovation center selected under subsection (e) of section 3 of the Innovation Centers Acceleration Act; and ``(ii) the Innovation Center Selection Committee established under that section 3 certifies is working in partnership with that innovation center. ``(B) Amount.--The amount of the grant for a fiscal year shall be equal to the sum of the allocations that the local area receives under paragraphs (1) and (2) of section 133(b) for that fiscal year. ``(C) Prohibition.--The Secretary may not reduce the amount that any local area receives through an allocation under paragraph (1) or (2) of section 133(b)(3) because local areas described in subparagraph (A) receive grants under this subsection. ``(2) Use of funds.--The local area shall use the grant funds in accordance with subsections (b), (c), and (d), after consultation with the innovation center.''. (C) Authorization of appropriations.--Section 136 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3181) is amended-- (i) in subsections (a), (b), and (c), by inserting before the first comma the following: ``(except for activities funded from amounts appropriated under subsection (d))''; and (ii) by adding at the end the following: ``(d) Workforce Investment Activities in Consultation With Innovation Centers.--There are authorized to be appropriated to carry out sections 129(d) and 134(e) such sums as may be necessary for each fiscal year that an innovation center designation is in effect.''. (10) Additional stem apprenticeship grants.--Section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3723) is amended by adding at the end the following: ``(e) Innovation Center Grants.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means an eligible recipient that is-- ``(A) described in subsection (b)(4); and ``(B) located within an innovation center. ``(2) Grants authorized.--The Assistant Secretary of Commerce for Economic Development shall provide to not less than 1 eligible entity located in each innovation center a grant to develop infrastructure to expand STEM apprenticeship programs. ``(3) Amount; renewal.-- ``(A) Amount.--The amount of a grant under paragraph (2) shall be not more than $5,000,000 for each year over a 3-year period. ``(B) Renewal.--The Secretary may provide an eligible entity that receives a grant under paragraph (2) not more than 2 additional grants under that paragraph. ``(4) Preference.--The Assistant Secretary of Commerce for Economic Development shall give preference for a grant under this subsection to an eligible entity with demonstrated success of administering apprenticeship and other workforce development models and that demonstrates a commitment to serving individuals-- ``(A) from underrepresented populations; or ``(B) who face barriers to employment, including-- ``(i) long-term unemployment; ``(ii) past incarceration; or ``(iii) veteran or disability status. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2031.''. (11) National institutes of health research funding.-- (A) Funding goal.--The Director of the National Institutes of Health shall pursue a goal of awarding through a rigorous selection process and subject to peer review, for each innovation center that gets its designation renewed continually for 3 terms, a total of $1,250,000,000 in meritorious research awards in priority areas of biomedical science to entities located in that innovation center by the end of the 9th year of the designation of that innovation center, by proportionally increasing the total amount of the grants, contracts, or other transactions awarded in each innovation center each year over the 9-year period. (B) Additional funding.--In addition to awarding grants, contracts, or other transactions in pursuit of the goal described in subparagraph (A), the Director of the National Institutes of Health shall award grants-- (i) with a focus on universities or other research institutions that commit to expanding research capabilities aligned with industries and technologies and with a preference for universities or institutions that are-- (I) concentrated in an innovation center; or (II) key to national challenges; or (ii) that include industry-university research partnership programs. (C) Tracking.--In each year, the Director of the National Institutes of Health shall track the aggregate amount of grants, contracts, or other transactions awarded by the Director to entities in that year, disaggregated by innovation center. (D) Authorization of additional appropriations.-- There are authorized to be appropriated to carry out this paragraph, in addition to amounts that would otherwise be appropriated in a year for the National Institutes of Health, amounts as follows: (i) For fiscal year 2022, $0. (ii) For fiscal year 2023, $140,000,000. (iii) For fiscal year 2024, $280,000,000. (iv) For fiscal year 2025, $420,000,000. (v) For fiscal year 2026, $560,000,000. (vi) For fiscal year 2027, $700,000,000. (vii) For fiscal year 2028, $840,000,000. (viii) For fiscal year 2029, $980,000,000. (ix) For fiscal year 2030, $1,120,000,000. (x) For fiscal year 2031, $1,260,000,000. (c) Tax Incentives.-- (1) New markets tax credit allocations.--Subsection (f) of section 45D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(4) Special allocation for innovation centers.--In the case of any calendar year beginning after 2021-- ``(A) the limitation under paragraph (1) (including in calendar years for which the limitation under paragraph (1) is zero) shall be increased by $50,000,000 for each metropolitan statistical area which is designated as an innovation center under section 3(e) of the Innovation Centers Acceleration Act for such calendar year, and ``(B) the additional limitation under subparagraph (A) shall be divided equally among such innovation centers and allocated (as provided in paragraph (2)) among qualified community development entities in such innovation centers.''. (2) Research credit.-- (A) In general.--Section 41 of such Code is amended by adding at the end the following new subsection: ``(i) Special Rules Relating to Innovation Centers.-- ``(1) In general.--In the case of-- ``(A) any qualified research expenses paid or incurred for qualified services or qualified research, ``(B) any basic research payments for basic research, and ``(C) amounts paid or incurred by the taxpayer in carrying on any trade or business of the taxpayer (including as contributions) to an energy research consortium for energy research, during the taxable year at a location in a metropolitan statistical area which is an innovation center for such taxable year, this section shall be applied as provided in paragraphs (2) and (3). ``(2) Credit rate.--Subsection (a) shall be applied by substituting `30 percent' for `20 percent' each place it appears. ``(3) Alternative simplified credit.--Subsection (c)(4) shall be applied-- ``(A) by substituting `21 percent' for `14 percent' in subparagraph (A), and ``(B) by substituting `9 percent' for `6 percent' in subparagraph (B)(ii). ``(4) Credit for qualified small businesses.--In the case of a trade or business located primarily within a metropolitan statistical area which is an innovation center for the taxable year, subsection (h) shall be applied-- ``(A) by substituting `$15,000,000' for `$5,000,000' in paragraph (3)(A)(i)(I), ``(B) by substituting `8-taxable-year' for `5- taxable-year' in paragraph (3)(A)(i)(II), and ``(C) by substituting `$500,000' for `$250,000' both places it appears in paragraphs (4)(B)(i) and (5)(B)(ii). ``(5) Innovation center.--For purposes of this subsection, for any taxable year, the term `innovation center' means a metropolitan statistical area with a designation as an innovation center under section 3(e) of the Innovation Centers Acceleration Act in effect for calendar years beginning in such year. ``(6) Termination.--This subsection shall not apply to expenses paid or incurred after December 31, 2030.''. (B) Training included as research expenses.-- (i) In general.--Paragraph (1) of section 41(b) of such Code is amended-- (I) by striking ``and'' at the end of subparagraph (A), (II) by striking the period at the end of subparagraph (B) and inserting ``, and'', and (III) by adding at the end the following new subparagraph: ``(C) employee training expenses.''. (ii) Employee training expenses.-- Subsection (b) of section 41 of such Code is amended-- (I) by redesignating paragraph (4) as paragraph (5), and (II) by inserting after paragraph (3) the following new paragraph: ``(4) Employee training expenses.-- ``(A) In general.--The term `employee training expenses' means any wages paid or incurred to an employee in connection with training for the employee to perform qualified services described in clause (i) or (ii) of paragraph (2)(B). Such term does not include wages paid or incurred in connection with general employer training which does not specifically pertain to such qualified services. ``(B) Wages, etc.--For purposes of this paragraph-- ``(i) In general.--The term `wages' shall not include any amount taken into account under paragraph (2)(A)(i). ``(ii) Rules.--The rules of paragraph (2)(D) shall apply. ``(C) Termination.--The term `employee training expenses' does not include any wages paid or incurred after December 31, 2030.''. (C) Effective date.--The amendments made by this paragraph shall apply to taxable years beginning after December 31, 2021. (d) Regulatory Modernization.-- (1) Definition.--In this paragraph, the term ``startup'' means a small business concern (as defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a))) that-- (A) has been in existence for less than 3 years; and (B) has annual average gross receipts of less than $3,000,000. (2) Requirement.--Notwithstanding any other provision of law, in the case of a startup that is operating within an innovation center, any requirement related to a Federal grant that prohibits the use of university laboratory or other research assets purchased or supposed by the grant from being used for commercial purposes for an initial time period shall be waived. (e) Business Access to Capital.-- (1) Innovation center debentures.-- (A) In general.--Section 303 of the Small Business Investment Act of 1958 (15 U.S.C. 683) is amended by adding at the end the following: ``(l) Innovation Center Debentures.--In addition to any other authority under this Act, on and after the first day of the first fiscal year beginning after the date of enactment of this subsection, a small business investment company may issue innovation center debentures.''. (B) Definitions.--Section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662) is amended-- (i) in paragraph (19), by striking ``and'' at the end; (ii) in paragraph (20), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: ``(21) the term `innovation center debenture' means a deferred interest debenture that-- ``(A) is issued at a discount; ``(B) has a 5-year maturity or a 10-year maturity; ``(C) requires no interest payment or annual charge for the first 5 years; ``(D) is restricted to companies located within an innovation center, as defined in section 2 of the Innovation Centers Acceleration Act; and ``(E) is issued at no cost (as defined in section 502 of the Credit Reform Act of 1990 (2 U.S.C. 661a)) with respect to purchasing and guaranteeing the debenture; and ``(22) the term `innovation center startup' means any company that-- ``(A) is primarily located within an innovation center (as defined in section 2 of the Innovation Centers Acceleration Act); ``(B) is innovation- or technology-oriented; and ``(C) has been in existence for less than 5 years.''. (C) Exemption from capital requirements.--Section 301(c) of the Small Business Investment Act of 1958 (15 U.S.C. 681(c)) is amended by adding at the end the following: ``(5) Exception for applications located in innovation centers.--An applicant that is located in an innovation center (as defined in section 2 of the Innovation Centers Acceleration Act) and that does not satisfy the requirements of section 302(a) shall be limited to 1 tier of leverage available under section 302(b) until the applicant meets the requirements of section 302(a).''. (2) 7(a) loan financing for innovation center startups.-- (A) Loan guarantee percentage.--Section 7(a)(2) of the Small Business Act (15 U.S.C. 636(a)(2)) is amended-- (i) in subparagraph (A), in the matter preceding clause (i), by striking ``and (F)'' and inserting ``(F), and (G)''; and (ii) by adding at the end the following: ``(G) Participation for innovation center startups.-- ``(i) Definition.--In this subparagraph, the term `innovation center startup' means any small business concern that-- ``(I) is primarily located within an innovation center (as defined in section 2 of the Innovation Centers Acceleration Act); ``(II) is innovation- or technology-oriented; and ``(III) has been in existence for less than 5 years. ``(ii) Participation.--In an agreement to participate in a loan on a deferred basis under this subsection for an innovation center startup, the participation by the Administration shall be 90 percent.''. (B) Guarantee fee reduction.--Section 7(a)(18) of the Small Business Act (15 U.S.C. 636(a)(18)) is amended-- (i) in subparagraph (A), by striking ``With respect'' and inserting ``Except as provided in subparagraph (C), with respect''; and (ii) by adding at the end the following: ``(C) Innovation center startups.--With respect to a loan guaranteed under this subsection for a small business concern described in paragraph (2)(G)(i)-- ``(i) the Administration may not collect a guarantee fee under this paragraph for a loan of not more than $350,000; and ``(ii) for a loan of more than $350,000, the Administration shall collect a guarantee fee under this paragraph equal to 50 percent of the guarantee fee that the Administration would otherwise collect for the loan.''. (3) Certified development company loans for innovation center startups.-- (A) Maximum loan amount.--Section 502(2)(A) of the Small Business Investment Act of 1958 (15 U.S.C. 696(2)(A)) is amended-- (i) in clause (iv), by striking ``and'' at the end; (ii) in clause (v), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(vi) $10,000,000 for each project of an innovation center startup.''. (B) Contribution requirement.--Section 502(3)(C) of the Small Business Investment Act of 1958 (15 U.S.C. 696(3)(C)) is amended-- (i) in clause (iii), by striking ``or'' at the end; (ii) by redesignating clause (iv) as clause (v); and (iii) by inserting after clause (iii) the following: ``(iv) for an innovation startup-- ``(I) at least 5 percent of the total cost of the project financed, if the innovation startup has been in operation for a period of 2 years or less; and ``(II) at least 5 percent of the total cost of the project financed if the project involves the construction of a limited or single purpose building or structure.''. (4) SBA resources.-- (A) In general.--The Small Business Administration shall provide innovation center startups (as defined in section 7(a)(2)(G) of the Small Business Act (15 U.S.C. 636(a)(2)(G))) access to financing resources of the Administration and assist those startups in navigating the application process. (B) Authorization of appropriations.--There is authorized to be appropriated to the Small Business Administration $2,500,000 for fiscal year 2022 and every fiscal year thereafter to carry out subparagraph (A). (f) Neighborhood, Property, and Infrastructure Modernization.-- (1) Community development block grant funding.-- (A) Definitions.--In this paragraph-- (i) the term ``eligible entity'' means a unit of general local government or Indian tribe that receives assistance under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (ii) the terms ``Indian tribe'' and ``unit of general local government'' have the meanings given those terms in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302); (iii) the term ``qualified affordable housing'' means a housing development that consists of 5 or more dwelling units of which 20 percent or more are made available-- (I) for rental only by a low-income family (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))); (II) at a monthly rent amount that does not exceed 30 percent of the monthly adjusted income (as defined in such section 3(b)) of the tenant low- income family; and (III) maintains affordability for residents who are low-income families for a period of not less than 30 years; and (iv) the term ``Secretary'' means the Secretary of Housing and Urban Development. (B) Funding.-- (i) In general.--The Secretary shall provide a grant to each eligible entity that-- (I) is within the area covered by an innovation center; and (II) the Committee certifies is working in partnership with that innovation center. (ii) Amount.--The amount of a grant provided to an eligible entity under clause (i) for a fiscal year shall be equal to the allocation that the eligible entity receives under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) for that fiscal year. (iii) Prohibition.--The Secretary may not reduce the amount that any eligible entity receives under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) because eligible entities receive grants under this subparagraph. (C) Use of funds.--An eligible entity shall use grant funds provided under subparagraph (B) for the development and preservation of qualified affordable housing, including the construction of such housing, within the area covered by an innovation center, in accordance with title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and after consultation with the innovation center. (D) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this paragraph for each fiscal year in which an innovation center designation is in effect. (2) Infrastructure financing.-- (A) BUILD grants.-- (i) Definition of build program.--In this subparagraph, the term ``BUILD program'' means the program for national infrastructure investments (commonly known as the ``Better Utilizing Investments to Leverage Development (BUILD) discretionary grant program'') of the Department of Transportation. (ii) Authorization of appropriations.-- There is authorized to be appropriated to the Secretary of Transportation $300,000,000 for each of fiscal years 2023 through 2033 to carry out projects under the BUILD program in innovation centers. (iii) Supplement, not supplant.--Amounts authorized to be appropriated under clause (ii) shall supplement and not supplant any other amounts authorized to be appropriated for the BUILD program. (B) INFRA grants.-- (i) Authorization of appropriations.--There is authorized to be appropriated to the Secretary of Transportation $300,000,000 for each of fiscal years 2023 through 2033 to carry out projects under the nationally significant freight and highway projects program under section 117 of title 23, United States Code, in innovation centers. (ii) Supplement, not supplant.--Amounts authorized to be appropriated under clause (i) shall supplement and not supplant any other amounts authorized to be appropriated for the nationally significant freight and highway projects program under section 117 of title 23, United States Code. (C) TIFIA program.-- (i) Lines of credit.--Section 604(b)(2) of title 23, United States Code, is amended-- (I) by striking ``The total'' and inserting the following: ``(A) In general.--Except as provided in subparagraph (B), the total''; and (II) by adding at the end the following: ``(B) Projects in innovation centers.--In the case of a project in an innovation center (as defined in section 2 of the Innovation Centers Acceleration Act), the total amount of a line of credit under this section shall not exceed 49 percent of the reasonably anticipated eligible project costs.''. (ii) Fee waiver.--Section 605 of title 23, United States Code, is amended by adding at the end the following: ``(g) Projects in Innovation Centers.--Notwithstanding any other provision of this chapter, in the case of a project in an innovation center (as defined in section 2 of the Innovation Centers Acceleration Act), the Secretary shall not require the payment of any fees under section 603(b)(7), section 604(b)(9), or subsection (b).''. all
H.R. 477 (Introduced in House) - Ally’s Act	https://www.govinfo.gov/content/pkg/BILLS-117hr477ih/html/BILLS-117hr477ih.htm	DOC 117th CONGRESS 1st Session H. R. 477 To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Patient Protection and Affordable Care Act to require coverage of hearing devices and systems in certain private health insurance plans, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Neguse (for himself, Mr. McKinley, and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, the Internal Revenue Code of 1986, and the Patient Protection and Affordable Care Act to require coverage of hearing devices and systems in certain private health insurance plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Ally's Act''. SEC. 2. COVERAGE OF HEARING DEVICES AND SYSTEMS IN CERTAIN PRIVATE HEALTH INSURANCE PLANS. (a) PHSA.--Part A of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended by inserting after section 2713 the following new section: ``SEC. 2713A. COVERAGE OF HEARING DEVICES AND SYSTEMS. ``(a) In General.--Beginning with plan years beginning on or after January 1, 2022, a group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum provide coverage for and may impose cost-sharing requirements in accordance with subsection (b) for an individual that a physician (as defined in section 1861(r) of the Social Security Act) or qualified audiologist (as defined in section 1861(ll)(4)(B) of such Act) determines meets an indication (including unilateral or bilateral hearing loss) for an auditory device as approved by the Food and Drug Administration for-- ``(1) auditory implant devices (including auditory osseointegrated (bone conduction) implants and cochlear implants) and external sound processors; ``(2) the maintenance of auditory implant devices and external sound processors described in paragraph (1); ``(3) every 5 years, the upgrade (or replacement if an upgrade is not available) of auditory implant devices and external sound processors described in paragraph (1); ``(4) adhesive adapters and softband headbands; ``(5) the repair of auditory implant devices and external sound processors described in paragraph (1); ``(6) a comprehensive hearing assessment; ``(7) a preoperative medical assessment; ``(8) surgery (as appropriate); ``(9) postoperative medical appointments for purposes of ensuring appropriate recovery from surgery; ``(10) postoperative audiological appointments for activation and fitting of the implant device and external sound processor; and ``(11) aural rehabilitation and treatment services (as appropriate). ``(b) Cost-Sharing.--Beginning with plan years beginning on or after January 1, 2022, the cost-sharing incurred under a plan or coverage described in subsection (a)-- ``(1) for an auditory implant device and external sound processors under this section, shall not exceed a dollar amount that is the highest cost-sharing requirement for the amount of the charges imposed for such device that is provided by a physician or qualified audiologist that has a contractual relationship with such plan or coverage for the providing of such device; ``(2) for an item or service under this section, shall not exceed a dollar amount that is imposed for similar items and services under that plan that are provided by a physician or qualified audiologist; and ``(3) that has a contractual relationship with such plan or coverage for the providing of such items and services.''. (b) ERISA.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) by adding at the end the following new section: ``SEC. 726. COVERAGE OF HEARING DEVICES AND SYSTEMS. ``(a) In General.--Beginning with plan years beginning on or after January 1, 2022, a group health plan and a health insurance issuer offering group or health insurance coverage shall, at a minimum provide coverage for and may impose cost-sharing requirements in accordance with subsection (b) for an individual that a physician (as defined in section 1861(r) of the Social Security Act) or qualified audiologist (as defined in section 1861(ll)(4)(B) of such Act) determines meets an indication (including unilateral or bilateral hearing loss) for an auditory device as approved by the Food and Drug Administration for-- ``(1) auditory implant devices (including auditory osseointegrated (bone conduction) implants and cochlear implants) and external sound processors; ``(2) the maintenance of auditory implant devices and external sound processors described in paragraph (1); ``(3) every 5 years, the upgrade (or replacement if an upgrade is not available) of auditory implant devices and external sound processors described in paragraph (1); ``(4) adhesive adapters and softband headbands; ``(5) the repair of auditory implant devices and external sound processors described in paragraph (1); ``(6) a comprehensive hearing assessment; ``(7) a preoperative medical assessment; ``(8) surgery (as appropriate); ``(9) postoperative medical appointments for purposes of ensuring appropriate recovery from surgery; ``(10) postoperative audiological appointments for activation and fitting of the implant device and external sound processor; and ``(11) aural rehabilitation and treatment services (as appropriate). ``(b) Cost-Sharing.--Beginning with plan years beginning on or after January 1, 2022, the cost-sharing incurred under a plan or coverage described in subsection (a)-- ``(1) for an auditory implant device and external sound processors under this section, shall not exceed a dollar amount that is the highest cost-sharing requirement for the amount of the charges imposed for such device that is provided by a physician or qualified audiologist that has a contractual relationship with such plan or coverage for the providing of such device; ``(2) for an item or service under this section, shall not exceed a dollar amount that is imposed for similar items and services under that plan that are provided by a physician or qualified audiologist; and ``(3) that has a contractual relationship with such plan or coverage for the providing of such items and services.''. (2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.) is amended by inserting after the item relating to section 725 the following new item: ``Sec. 726. Coverage of hearing devices and systems.''. (c) IRC.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986, is amended by adding at the end the following new section: ``SEC. 9286. COVERAGE OF HEARING DEVICES AND SYSTEMS. ``(a) In General.--Beginning with plan years beginning on or after January 1, 2022, a group health plan shall, at a minimum provide coverage for and may impose cost-sharing requirements in accordance with subsection (b) for an individual that a physician (as defined in section 1861(r) of the Social Security Act) or qualified audiologist (as defined in section 1861(ll)(4)(B) of such Act) determines meets an indication (including unilateral or bilateral hearing loss) for an auditory device as approved by the Food and Drug Administration for-- ``(1) auditory implant devices (including auditory osseointegrated (bone conduction) implants and cochlear implants) and external sound processors; ``(2) the maintenance of auditory implant devices and external sound processors described in paragraph (1); ``(3) every 5 years, the upgrade (or replacement if an upgrade is not available) of auditory implant devices and external sound processors described in paragraph (1); ``(4) adhesive adapters and softband headbands; ``(5) the repair of auditory implant devices and external sound processors described in paragraph (1); ``(6) a comprehensive hearing assessment; ``(7) a preoperative medical assessment; ``(8) surgery (as appropriate); ``(9) postoperative medical appointments for purposes of ensuring appropriate recovery from surgery; ``(10) postoperative audiological appointments for activation and fitting of the implant device and external sound processor; and ``(11) aural rehabilitation and treatment services (as appropriate). ``(b) Cost-Sharing.--Beginning with plan years beginning on or after January 1, 2022, the cost-sharing incurred under a plan described in subsection (a)-- ``(1) for an auditory implant device and external sound processors under this section, shall not exceed a dollar amount that is the highest cost-sharing requirement for the amount of the charges imposed for such device that is provided by a physician or qualified audiologist that has a contractual relationship with such plan for the providing of such device; ``(2) for an item or service under this section, shall not exceed a dollar amount that is imposed for similar items and services under that plan that are provided by a physician or qualified audiologist; and ``(3) that has a contractual relationship with such plan for the providing of such items and services.''. (2) Clerical amendment.--The table of sections for subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 9825 the following new item: ``Sec. 9286. Coverage of hearing devices and systems.''. (d) Application to Grandfathered Health Plans.--Section 1251(a)(4)(A) of the Patient Protection and Affordable Care Act (42 U.S.C. 18011(a)(4)(A)) is amended-- (1) by striking ``title'' and inserting ``title, or as added after the date of the enactment of this Act)''; and (2) by adding at the end the following new clause: ``(v) Section 2713A (relating to hearing devices and systems).''. (3) Effective date.--The amendments made by this subsection shall apply with respect to plan years beginning on or after January 1, 2022. all
H.R. 478 (Engrossed in House) - Blackwater Trading Post Land Transfer Act	https://www.govinfo.gov/content/pkg/BILLS-117hr478eh/html/BILLS-117hr478eh.htm	DOC 117th CONGRESS 1st Session H. R. 478 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackwater Trading Post Land Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Blackwater trading post land.--The term ``Blackwater Trading Post Land'' means the approximately 55.3 acres of land as depicted on the map that-- (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community.--The term ``Community'' means the Gila River Indian Community of the Reservation. (3) Map.--The term ``map'' means the map entitled ``Results of Survey, Ellis Property, A Portion of the West \1/2\ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona'' and dated October 15, 2012. (4) Reservation.--The term ``Reservation'' means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA RIVER INDIAN COMMUNITY. (a) In General.--The Secretary shall take the Blackwater Trading Post land into trust for the benefit of the Community, after the Community-- (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of Map.--Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands Taken Into Trust Part of Reservation.--After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming.--Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description.--Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and- bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land. Passed the House of Representatives May 12, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 478 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes.
H.R. 478 (Introduced in House) - Blackwater Trading Post Land Transfer Act	https://www.govinfo.gov/content/pkg/BILLS-117hr478ih/html/BILLS-117hr478ih.htm	DOC 117th CONGRESS 1st Session H. R. 478 To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. O'Halleran introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackwater Trading Post Land Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Blackwater trading post land.--The term ``Blackwater Trading Post Land'' means the approximately 55.3 acres of land as depicted on the map that-- (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community.--The term ``Community'' means the Gila River Indian Community of the Reservation. (3) Map.--The term ``map'' means the map entitled ``Results of Survey, Ellis Property, A Portion of the West \1/2\ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona'' and dated October 15, 2012. (4) Reservation.--The term ``Reservation'' means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA RIVER INDIAN COMMUNITY. (a) In General.--The Secretary shall take the Blackwater Trading Post land into trust for the benefit of the Community, after the Community-- (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of Map.--Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands Taken Into Trust Part of Reservation.--After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming.--Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description.--Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and- bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land. all
H.R. 478 (Placed on Calendar Senate) - Blackwater Trading Post Land Transfer Act	https://www.govinfo.gov/content/pkg/BILLS-117hr478pcs/html/BILLS-117hr478pcs.htm	DOC Calendar No. 59 117th CONGRESS 1st Session H. R. 478 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2021 Received; read twice and placed on the calendar _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Blackwater Trading Post Land Transfer Act''. SEC. 2. DEFINITIONS. In this Act: (1) Blackwater trading post land.--The term ``Blackwater Trading Post Land'' means the approximately 55.3 acres of land as depicted on the map that-- (A) is located in Pinal County, Arizona, and bordered by Community land to the east, west, and north and State Highway 87 to the south; and (B) is owned by the Community. (2) Community.--The term ``Community'' means the Gila River Indian Community of the Reservation. (3) Map.--The term ``map'' means the map entitled ``Results of Survey, Ellis Property, A Portion of the West \1/2\ of Section 12, Township 5 South, Range 7 East, Gila and Salt River Meridian, Pinal County, Arizona'' and dated October 15, 2012. (4) Reservation.--The term ``Reservation'' means the land located within the exterior boundaries of the reservation created under sections 3 and 4 of the Act of February 28, 1859 (11 Stat. 401, chapter LXVI), and Executive orders of August 31, 1876, June 14, 1879, May 5, 1882, November 15, 1883, July 31, 1911, June 2, 1913, August 27, 1914, and July 19, 1915, and any other lands placed in trust for the benefit of the Community. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF THE GILA RIVER INDIAN COMMUNITY. (a) In General.--The Secretary shall take the Blackwater Trading Post land into trust for the benefit of the Community, after the Community-- (1) conveys to the Secretary all right, title, and interest of the Community in and to the Blackwater Trading Post Land; (2) submits to the Secretary a request to take the Blackwater Trading Post Land into trust for the benefit of the Community; (3) conducts a survey (to the satisfaction of the Secretary) to determine the exact acreage and legal description of the Blackwater Trading Post Land, if the Secretary determines a survey is necessary; and (4) pays all costs of any survey conducted under paragraph (3). (b) Availability of Map.--Not later than 180 days after the Blackwater Trading Post Land is taken into trust under subsection (a), the map shall be on file and available for public inspection in the appropriate offices of the Secretary. (c) Lands Taken Into Trust Part of Reservation.--After the date on which the Blackwater Trading Post Land is taken into trust under subsection (a), the land shall be treated as part of the Reservation. (d) Gaming.--Class II and class III gaming under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) shall not be allowed at any time on the land taken into trust under subsection (a). (e) Description.--Not later than 180 days after the date of enactment of this Act, the Secretary shall cause the full metes-and- bounds description of the Blackwater Trading Post Land to be published in the Federal Register. The description shall, on publication, constitute the official description of the Blackwater Trading Post Land. Passed the House of Representatives May 12, 2021. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 59 117th CONGRESS 1st Session H. R. 478 _______________________________________________________________________ AN ACT To direct the Secretary of the Interior to take certain land located in Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community, and for other purposes. _______________________________________________________________________ May 13, 2021 Received; read twice and placed on the calendar
H.R. 479 (Introduced in House) - California Central Coast Conservation Act	https://www.govinfo.gov/content/pkg/BILLS-117hr479ih/html/BILLS-117hr479ih.htm	DOC 117th CONGRESS 1st Session H. R. 479 To establish a moratorium on oil and gas leasing on public land on the Central Coast of California. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Panetta (for himself, Mr. Lowenthal, Mr. Huffman, Mrs. Napolitano, Mr. Carbajal, Mr. Takano, Mr. Khanna, Mr. DeSaulnier, Ms. Lee of California, and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To establish a moratorium on oil and gas leasing on public land on the Central Coast of California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``California Central Coast Conservation Act''. SEC. 2. MORATORIUM ON OIL AND GAS LEASING ON PUBLIC LAND ON THE CENTRAL COAST OF CALIFORNIA. Section 17(a) of the Mineral Leasing Act (30 U.S.C. 226(a)) is amended by adding at the end the following: ``(q) Moratorium on Oil and Gas Leasing on Public Land on the Central Coast of California.-- ``(1) In general.--Notwithstanding any other provision of this Act or any other law and except as provided in paragraph (2), beginning on the date of enactment of this subsection, the Record of Decision for the Central Coast Field Office Resource Management Plan Amendment for Oil and Gas Leasing and Development published on October 7, 2019 (84 Fed. Reg. 53470), shall have no force or effect until the Bureau of Land Management Central Coast Field Office completes and circulates for public comment a supplemental environmental impact statement under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) and chapter 5 of title 5, United States Code, that considers the environmental effects of all oil and gas development authorized to occur under the Bureau of Land Management's preferred alternative `Alternative F', which appears in the final Environmental Impact Statement published on May 10, 2019 (84 Fed. Reg. 20657), but was not included or analyzed in the Draft Environmental Impact Statement published January 6, 2017 (82 Fed. Reg 1754), along with the environmental effects of oil and gas development that would be authorized as a result of such record of decision, including such effects on-- ``(A) air quality; ``(B) greenhouse gas emissions and the climate; ``(C) groundwater quality and availability; ``(D) surface water quality and availability; ``(E) seismicity; ``(F) wildlife and plant species, including threatened species and endangered species; and ``(G) low-income communities, communities of color, and indigenous communities, including federally- and State-recognized Indian Tribes. ``(2) New review.--If the supplemental environmental impact statement under paragraph (1) finds any significant detrimental effects on any matter described in subparagraphs (A) through (G) of such paragraph, the Record of Decision referred to in paragraph (1) shall have no force or effect and the Director of the Bureau of Land Management shall conduct a new review of Federal oil and gas leasing on the Central Coast of California under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). ``(3) Environmental protection agency review.-- ``(A) After the date of the publication, pursuant to paragraph (2), of a supplemental environmental impact statement under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Administrator of the Environmental Protection Agency shall review and publish comments regarding such statement, including-- ``(i) identification of any significant environmental impacts of oil and gas leasing on the Central Coast of California that should be avoided to adequately protect the region's natural resources; or ``(ii) a determination that the supplemental environmental impact statement does not contain sufficient information to assess such impacts. ``(B) If the Administrator identifies significant impacts under subparagraph (A)(i) or makes a determination described in subparagraph (A)(ii), the Director of the Bureau of Land Management shall consult with the Administrator before taking any action to proceed with Federal oil and gas leasing on the Central Coast of California. ``(4) Effect.--Nothing in this subsection affects any rights under leases issued under this Act before the date of enactment of this subsection.''. all
"H.R. 47 (Introduced in House) -To amend title 54, United States Code, to increase public access to 
recreational areas on Federal land."	https://www.govinfo.gov/content/pkg/BILLS-117hr47ih/html/BILLS-117hr47ih.htm	DOC 117th CONGRESS 1st Session H. R. 47 To amend title 54, United States Code, to increase public access to recreational areas on Federal land. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend title 54, United States Code, to increase public access to recreational areas on Federal land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE FOR RECREATIONAL PUBLIC ACCESS. Subsection (c) of section 200306 of title 54, United States Code, is amended-- (1) by striking ``3 percent'' and inserting ``10 percent''; and (2) by striking ``$15,000,000'' and inserting ``$50,000,000''. all
H.R. 480 (Introduced in House) - Medicare Economic Security Solutions Act	https://www.govinfo.gov/content/pkg/BILLS-117hr480ih/html/BILLS-117hr480ih.htm	DOC 117th CONGRESS 1st Session H. R. 480 To amend title XVIII of the Social Security Act to limit the penalty for late enrollment under part B of the Medicare Program to 15 percent and twice the period of no enrollment, and to exclude periods of COBRA, retiree, and VA coverage from such late enrollment penalty. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Ms. Porter (for herself, Ms. Herrera Beutler, Ms. Underwood, Ms. Norton, Ms. Brownley, Mr. Grijalva, Mr. Hastings, Ms. Lee of California, Ms. Matsui, Mr. Pappas, Miss Gonzalez-Colon, Mr. Smith of New Jersey, Ms. Jackson Lee, Ms. Dean, Ms. Barragan, Mr. Vicente Gonzalez of Texas, Mr. Fitzpatrick, Mr. Deutch, Mr. Neguse, Mr. Brendan F. Boyle of Pennsylvania, Ms. Speier, Mr. Welch, Mrs. Luria, Ms. Pingree, Mr. Panetta, Mr. Ryan, Mrs. Kim of California, and Mr. Larson of Connecticut) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to limit the penalty for late enrollment under part B of the Medicare Program to 15 percent and twice the period of no enrollment, and to exclude periods of COBRA, retiree, and VA coverage from such late enrollment penalty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Economic Security Solutions Act''. SEC. 2. LIMITING MEDICARE PART B LATE ENROLLMENT PENALTY TO 15 PERCENT AND TWICE THE PERIOD OF NO ENROLLMENT. (a) In General.--The first sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking ``10 percent of the monthly premium so determined for each full 12 months'' and inserting ``15 percent of the monthly premium so determined for premiums paid during a period equal to twice the number of months in each of the full periods of 12 months''. (b) Conforming Amendments.--Section 1818 of the Social Security Act (42 U.S.C. 1395i-2) is amended-- (1) in subsection (c)(6), by striking ``and shall only apply to premiums paid during a period equal to twice the number of months in the full 12-month periods described in that section and''; and (2) in subsection (g)(2)(B), by striking ``by substituting'' and all that follows and inserting the following: ``by substituting `section 1818 (without any increase resulting from the application of section 1839(b) to such section 1818)' for `section 1839 (without any increase under subsection (b) thereof)'.''. (c) Effective Date.-- (1) In general.--The amendments made by this section shall apply to premiums paid for months beginning after the end of the 90-day period beginning on the date of the enactment of this Act. (2) Clarification.--In applying these amendments, months (before, during, or after the month in which this Act is enacted) in which an individual was or is required to pay an increased premium shall be taken into account in determining the month in which the premium will no longer be subject to an increase. SEC. 3. EXCLUSION OF PERIODS OF COBRA, RETIREE, AND VA COVERAGE FROM MEDICARE PART B LATE ENROLLMENT PENALTY. (a) In General.--The second sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended-- (1) by striking ``by reason of the individual's (or the individual's spouse's) current employment''; and (2) by inserting ``or months for which the individual can demonstrate that the individual had coverage under chapter 17 of title 38, United States Code'' before the period at the end. (b) Effective Date.--The amendments made by subsection (a) shall apply to premiums paid for months beginning after the end of the 90-day period beginning on the date of the enactment of this Act. SEC. 4. SPECIAL ENROLLMENT PERIOD FOR INDIVIDUALS WHOSE COBRA OR RETIREE COVERAGE TERMINATES. (a) In General.--Section 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) is amended-- (1) in the first sentence of paragraph (1), by striking ``by reason of the individual's (or the individual's spouse's) current employment status'' in subparagraph (A); (2) in the first sentence of paragraph (2) by striking ``by reason of the individual's (or the individual's spouse's) current employment status'' each place it appears in subparagraphs (B) and (C); and (3) in paragraph (3)(A) by striking ``by reason of current employment status''. (b) Effective Date.--The amendments made by subsection (a) shall apply to terminations of coverage occurring after the end of the 90-day period beginning on the date of the enactment of this Act. all
H.R. 481 (Introduced in House) - Flood Resiliency and Taxpayer Savings Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr481ih/html/BILLS-117hr481ih.htm	DOC 117th CONGRESS 1st Session H. R. 481 To safeguard taxpayer resources and strengthen the Nation's resilience against severe storms and flooding. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Mr. Price of North Carolina (for himself and Mr. Zeldin) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To safeguard taxpayer resources and strengthen the Nation's resilience against severe storms and flooding. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Resiliency and Taxpayer Savings Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) floods are the most common natural disaster in the United States, causing injuries, damage, and destruction in all 50 States since 2012; (2) recent storms have strained the capacity of many local and State governments to respond and recover, necessitating significant increases in disaster assistance from the Federal Government; (3) the Congressional Budget Office has cautioned that U.S. economic losses associated with heavy precipitation, storm surges, and hurricane winds could average $54 billion every year and require Federal spending averaging $17 billion per year; (4) according to the Federal Emergency Management Agency, nearly 250 weather-related disasters in the United States have caused at least $1 billion in damage each since 1980; (5) since 2005 alone, Federal funding for disaster assistance has exceeded $450 billion, including over $19 billion in supplemental appropriations signed into law in June of 2019; (6) after reviewing just a portion of the Federal Government property inventory, the Office of Management and Budget identified significant flood risks, including more than $80 billion in Federal assets located in designated flood zones; (7) a 2017 study of Federal mitigation grants conducted by National Institute of Building Sciences Multihazard Mitigation Council demonstrated that mitigation investment can save the Nation, on average, $6 in future disaster costs for every $1 spent on hazard mitigation; and (8) the Government Accountability Office has recommended that enhanced Federal and local efforts to improve resilience can reduce the effects and costs of future disasters. (b) Purpose.--It is the purpose of this Act-- (1) to improve the resiliency of communities and assets of the Federal Government against flooding, thereby limiting damage, reducing the need to rebuild after floods, and saving taxpayer dollars; and (2) provide a flexible framework for full consideration of sensible resilience alternatives without requiring any specific construction or mitigation methods. SEC. 3. FLOOD RISK MANAGEMENT. (a) Evaluation of Potential for Flooding.--When carrying out an agency action involving a federally funded project, the head of each agency shall evaluate the potential for flooding throughout the planned lifetime or duration of the federally funded project to-- (1) reduce the risk of financial and property losses, including taxpayer losses resulting from floods; (2) take practicable steps toward ensuring that Federal resources will be allocated to structures and projects that will remain flood resistant throughout their intended design life; (3) preserve and utilize, to the extent reasonable, the capacity of natural systems to protect against the damages of flooding; (4) prevent, to the extent possible, the disruption of critical services during flood events, including the closure of strategic transportation routes, inaccessibility of health care facilities, or loss of power or essential water and wastewater services; and (5) minimize the impact of current and future floods on human safety, health, and welfare. (b) Determination Regarding Siting in Floodplain.--In carrying out the review of agency actions required under Executive Order 11988 (42 Fed. Reg. 26951; relating to floodplain management), the head of each agency shall determine whether the federally funded project (as such term is defined in subsection (e)) under review is sited in a floodplain currently or is expected to lie within or take place in a floodplain during the expected duration or design life of the project, taking into consideration-- (1) the most recent flood insurance rate map published by the Administrator of the Federal Emergency Management Agency for the community in which the project shall take place, including preliminary and advisory maps prepared by the Administrator; (2) relevant and available assessments of future flooding vulnerabilities conducted or used by the agency, other agencies, or State or local governments; (3) additional available information regarding expected future conditions, including changes in land use, watershed characteristics, and infrastructure; and (4) additional available hydrologic and hydraulic data from public and private sources regarding current and future flood risk, including information on expected changes in precipitation patterns, erosion, and sea level. (c) Alternate Design Levels for Resilient Infrastructure.--If, after considering the available information required under subsection (b), the head of an agency determines that such information is not adequate or sufficiently credible to understand and characterize current and future flood risks to the project, the head of the agency shall use the following design standards in evaluating resilience for or alternatives to the investment: (1) Non-critical projects.--If the project under review is not considered critical, the head of the agency shall assume, at a minimum, that flood heights would be expected to be 2 feet higher than the base flood elevation for the current 1 percent annual chance flood or the flood elevation for the current 0.2 percent annual chance flood, whichever is greater. (2) Critical projects.--If the project under review is considered critical, the head of the agency shall assume, at a minimum, that flood heights would be expected to be 3 feet higher than the base flood elevation for the current 1 percent annual chance flood or 1 foot higher than the flood elevation for the current 0.2 percent annual chance flood, whichever is greater. (3) Resilience standard.--In evaluating resilience options, the flood heights specified in preceding paragraphs shall establish a standard design level to which a structure or facility evaluated under this subsection shall be made functionally resilient. This may include using structural or nonstructural methods to reduce or prevent damage, elevating a structure, or where appropriate, designing it to adapt to, withstand, and rapidly recover from the corresponding flood event. (4) Alternatives.--In evaluating alternatives, including alternative sites and designs, the head of the agency shall fully consider the ability of natural systems and nature-based processes to achieve or support flood risk reduction and cost savings over the long term. (d) Guidelines for Agencies.-- (1) Guidelines.--Agencies shall amend their regulations and procedures to incorporate the resilience standards established under subsections (b) and (c) to establish new flood risk management standards. Agency standards shall, at a minimum, incorporate provisions to implement subsection (a) and shall require that the construction of Federal structures and facilities and construction of structures and facilities using Federal funds be in accordance with the standards and criteria established under subsections (b) and (c) and comply with applicable State, local, tribal, and territorial standards that exceed Federal standards and criteria. Such standards shall be consistent with the purposes of the National Flood Insurance Program. (2) Issuance.--Not later than the expiration of the 18- month period beginning on the date of the enactment of this Act, the Federal Interagency Floodplain Management Task Force shall issue guidelines to be used by agencies in meeting the requirements of this Act. (3) Required content.--At a minimum, such guidelines shall-- (A) establish appropriate tracking and reporting procedures for agencies to follow; and (B) establish limits on the extent to which exceptions for a particular agency may be allowed in cases in which an exception is in the interest of national security, is deemed to be an emergency action, or is determined to present a conflict with other existing statutory requirements. (4) Other content.--Such guidelines may also identify cases in which an agency may conduct a general review of types of projects that are similar or cases in which projects are of a limited duration or de minimis expenditure that would allow for expedited review. (5) Consultation.--In developing such guidelines, the Federal Interagency Floodplain Management Task Force shall consult with States, localities, Indian tribes, and other relevant stakeholders through listening sessions and may issue final guidelines only after an opportunity for public review and comment. (6) Report to congress.-- (A) Requirement.--Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act and not less often than annually thereafter, the Federal Interagency Floodplain Management Task Force shall submit a report to the Committees on Transportation and Infrastructure and Financial Services of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Banking, Housing, and Urban Affairs of the Senate regarding compliance by agencies with the requirements of this Act. (B) Contents.--Each report submitted pursuant to subparagraph (A) shall include information sufficient to describe-- (i) the number, types, and outcomes of reviews conducted by individual agencies; (ii) any rulemakings, or policy or procedural changes made by agencies to ensure compliance with this Act; and (iii) any recommendations of the Federal Interagency Floodplain Management Task Force regarding improvements to enhance resilience from flooding and steward Federal resources. (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Agency.--The term ``agency'' has the meaning given such term in Executive Order 11988 (42 Fed. Reg. 26951; relating to floodplain management), except that such term does not include any military department other than the Army Corps of Engineers. (3) Critical.--The term ``critical'' means, with respect to a project of an agency, any project with respect to which the head of the agency determines that a slight chance of flooding would present an unacceptable amount of risk, as such term is defined in section 9.4 of title 44, Code of Federal Regulations. (4) Federally funded project.--The term ``federally funded project'' means a project for which Federal funds are used for purposes of managing, acquiring, or disposing of Federal lands or assets and, with respect to a structure or facility, for new construction, for substantial improvement, or to address substantial damage. Such term does not include the making, insuring, guaranteeing, or securitizing of residential mortgage loans for single-family or multifamily housing. (5) Federal interagency floodplain management task force.-- The term ``Federal Interagency Floodplain Management Task Force'' means the interagency body that-- (A) was established in 1975; (B) has been responsible for preparing reports and guidance for a comprehensive, coordinated approach to floodplain management; (C) is chaired by the Federal Emergency Management Agency; and (D) includes membership from multiple agencies, including the Army Corps of Engineers, the Department of Agriculture, the Department of Housing and Urban Development, and the Department of Commerce. (6) Resilience.--The term ``resilience'' means the ability to anticipate, prepare for, and adapt to changing conditions and withstand and rapidly recover from disruption due to emergencies. (7) Substantial improvement; substantial damage.--The terms ``substantial improvement'' and ``substantial damage'' mean substantial improvement and substantial damage, respectively, to the extent described in section 1307(a)(2)(E) of the National Flood Insurance Act of 1968 (42 U.S.C. 4014(a)(2)(E)). (f) Applicability.--This Act shall not apply to any federally funded project that has been reviewed for compliance with Executive Order 11988 and approved by the appropriate agency before the date of the enactment of this Act. all
H.R. 482 (Engrossed in House) - Newborn Screening Saves Lives Reauthorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr482eh/html/BILLS-117hr482eh.htm	DOC 117th CONGRESS 1st Session H. R. 482 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization Act of 2021''. SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOW-UP FOR HERITABLE DISORDERS. (a) Purposes.--Section 1109(a) of the Public Health Service Act (42 U.S.C. 300b-8(a)) is amended-- (1) in paragraph (1), by striking ``enhance, improve or'' and inserting ``facilitate, enhance, improve, or''; (2) by amending paragraph (3) to read as follows: ``(3) to develop, and deliver to parents, families, and patient advocacy and support groups, educational programs that-- ``(A) address newborn screening counseling, testing (including newborn screening pilot studies), follow-up, treatment, specialty services, and long-term care; ``(B) assess the target audience's current knowledge, incorporate health communications strategies, and measure impact; and ``(C) are at appropriate literacy levels;''; and (3) in paragraph (4)-- (A) by striking ``followup'' and inserting ``follow-up''; and (B) by inserting before the semicolon at the end the following: ``, including re-engaging patients who have not received recommended follow-up services and supports''. (b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. SEC. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by inserting ``and adopt process improvements'' after ``take appropriate steps''; (B) in paragraph (7) by striking ``and'' at the end; (C) by redesignating paragraph (8) as paragraph (9); (D) by inserting after paragraph (7) the following: ``(8) develop, maintain, and publish on a publicly accessible website consumer-friendly materials detailing-- ``(A) the uniform screening panel nomination process, including data requirements, standards, and the use of international data in nomination submissions; and ``(B) the process for obtaining technical assistance for submitting nominations to the uniform screening panel and detailing the instances in which the provision of technical assistance would introduce a conflict of interest for members of the Advisory Committee; and''; (E) in paragraph (9), as redesignated-- (i) by redesignating subparagraphs (K) and (L) as subparagraphs (L) and (M), respectively; and (ii) by inserting after subparagraph (J) the following: ``(K) the appropriate and recommended use of safe and effective genetic testing by health care professionals in newborns and children with an initial diagnosis of a disease or condition characterized by a variety of genetic causes and manifestations;''; and (2) in subsection (g)-- (A) in paragraph (1) by striking ``2019'' and inserting ``2026''; and (B) in paragraph (2) by striking ``2019'' and inserting ``2026''. SEC. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. SEC. 5. LABORATORY QUALITY AND SURVEILLANCE. Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``performance evaluation services,'' and inserting ``development of new screening tests,''; and (ii) by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``performance test materials'' and inserting ``test performance materials''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) performance evaluation services to enhance disease detection, including the development of tools, resources, and infrastructure to improve data analysis, test result interpretation, data harmonization, and dissemination of laboratory best practices.''; and (2) in subsection (b) to read as follows: ``(b) Surveillance Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, shall provide for the coordination of national surveillance activities, including-- ``(1) standardizing data collection and reporting through the use of electronic and other forms of health records to achieve real-time data for tracking and monitoring the newborn screening system, from the initial positive screen through diagnosis and long-term care management; and ``(2) by promoting data sharing linkages between State newborn screening programs and State-based birth defects and developmental disabilities surveillance programs to help families connect with services to assist in evaluating long- term outcomes.''. SEC. 6. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. 300b-15) is amended-- (1) in subsection (a)(1)-- (A) by striking ``may'' and inserting ``shall''; and (B) in subparagraph (D)-- (i) by inserting ``, or with a high probability of being recommended by,'' after ``recommended by''; and (ii) by striking ``that screenings are ready for nationwide implementation'' and inserting ``that reliable newborn screening technologies are piloted and ready for use''; and (2) in subsection (b) to read as follows: ``(b) Funding.--In carrying out the research program under this section, the Secretary and the Director shall ensure that entities receiving funding through the program will provide assurances, as practicable, that such entities will work in consultation with State departments of health, as appropriate.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. Section 1117 of the Public Health Service Act (42 U.S.C. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. SEC. 8. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. Section 12 of the Newborn Screening Saves Lives Reauthorization Act of 2014 (42 U.S.C. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. SEC. 9. NAM REPORT ON THE MODERNIZATION OF NEWBORN SCREENING. (a) Study.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academy of Medicine (in this section referred to as ``NAM'') (or if NAM declines to enter into such an agreement, another appropriate entity) under which NAM, or such other appropriate entity, agrees to conduct a study on the following: (1) The uniform screening panel review and recommendation processes to identify factors that impact decisions to add new conditions to the uniform screening panel, to describe challenges posed by newly nominated conditions, including low- incidence diseases, late onset variants, and new treatments without long-term efficacy data. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. (5) Technological and other infrastructure needs to improve timeliness of diagnosis and short- and long-term follow-up for infants identified through newborn screening and improve public health surveillance. (6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. (b) Public Stakeholder Meeting.--In the course of completing the study described in subsection (a), NAM or such other appropriate entity shall hold not less than one public meeting to obtain stakeholder input on the topics of such study. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (d) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for the period of fiscal years 2022 and 2023 to carry out this section. Passed the House of Representatives June 23, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 482 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes.
H.R. 482 (Introduced in House) - Newborn Screening Saves Lives Reauthorization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr482ih/html/BILLS-117hr482ih.htm	DOC 117th CONGRESS 1st Session H. R. 482 To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 25, 2021 Ms. Roybal-Allard (for herself, Mr. Simpson, Ms. Clark of Massachusetts, Ms. Herrera Beutler, Ms. Clarke of New York, Mr. Danny K. Davis of Illinois, Mr. Fitzpatrick, Mr. Sires, Mr. Raskin, Ms. DeGette, Mr. Higgins of New York, Mr. Stewart, Mr. Calvert, Mrs. Axne, Mr. Stivers, Ms. Williams of Georgia, Mr. Butterfield, Mr. Smith of Washington, Mr. Casten, Mr. Cohen, Ms. Castor of Florida, Mr. Hastings, Mr. Gallego, Mr. Khanna, and Mr. Neguse) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to reauthorize certain programs under part A of title XI of such Act relating to genetic diseases, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Newborn Screening Saves Lives Reauthorization Act of 2021''. SEC. 2. IMPROVED NEWBORN AND CHILD SCREENING AND FOLLOW-UP FOR HERITABLE DISORDERS. (a) Purposes.--Section 1109(a) of the Public Health Service Act (42 U.S.C. 300b-8(a)) is amended-- (1) in paragraph (1), by striking ``enhance, improve or'' and inserting ``facilitate, enhance, improve, or''; (2) by amending paragraph (3) to read as follows: ``(3) to develop, and deliver to parents, families, and patient advocacy and support groups, educational programs that-- ``(A) address newborn screening counseling, testing (including newborn screening pilot studies), follow-up, treatment, specialty services, and long-term care; ``(B) assess the target audience's current knowledge, incorporate health communications strategies, and measure impact; and ``(C) are at appropriate literacy levels;''; and (3) in paragraph (4)-- (A) by striking ``followup'' and inserting ``follow-up''; and (B) by inserting before the semicolon at the end the following: ``, including re-engaging patients who have not received recommended follow-up services and supports''. (b) Approval Factors.--Section 1109(c) of the Public Health Service Act (42 U.S.C. 300b-8(c)) is amended-- (1) by striking ``or will use'' and inserting ``will use''; and (2) by inserting ``, or will use amounts received under such grant to enhance capacity and infrastructure to facilitate the adoption of,'' before ``the guidelines and recommendations''. SEC. 3. ADVISORY COMMITTEE ON HERITABLE DISORDERS IN NEWBORNS AND CHILDREN. Section 1111 of the Public Health Service Act (42 U.S.C. 300b-10) is amended-- (1) in subsection (b)-- (A) in paragraph (5), by inserting ``and adopt process improvements'' after ``take appropriate steps''; (B) in paragraph (7) by striking ``and'' at the end; (C) by redesignating paragraph (8) as paragraph (9); (D) by inserting after paragraph (7) the following: ``(8) develop, maintain, and publish on a publicly accessible website consumer-friendly materials detailing-- ``(A) the uniform screening panel nomination process, including data requirements, standards, and the use of international data in nomination submissions; and ``(B) the process for obtaining technical assistance for submitting nominations to the uniform screening panel and detailing the instances in which the provision of technical assistance would introduce a conflict of interest for members of the Advisory Committee; and''; (E) in paragraph (9), as redesignated-- (i) by redesignating subparagraphs (K) and (L) as subparagraphs (L) and (M), respectively; and (ii) by inserting after subparagraph (J) the following: ``(K) the appropriate and recommended use of safe and effective genetic testing by health care professionals in newborns and children with an initial diagnosis of a disease or condition characterized by a variety of genetic causes and manifestations;''; and (2) in subsection (g)-- (A) in paragraph (1) by striking ``2019'' and inserting ``2026''; and (B) in paragraph (2) by striking ``2019'' and inserting ``2026''. SEC. 4. CLEARINGHOUSE OF NEWBORN SCREENING INFORMATION. Section 1112(c) of the Public Health Service Act (42 U.S.C. 300b- 11(c)) is amended by striking ``and supplement, not supplant, existing information sharing efforts'' and inserting ``and complement other Federal newborn screening information sharing activities''. SEC. 5. LABORATORY QUALITY AND SURVEILLANCE. Section 1113 of the Public Health Service Act (42 U.S.C. 300b-12) is amended-- (1) in subsection (a)-- (A) in paragraph (1)-- (i) by striking ``performance evaluation services,'' and inserting ``development of new screening tests,''; and (ii) by striking ``and'' at the end; (B) in paragraph (2)-- (i) by striking ``performance test materials'' and inserting ``test performance materials''; and (ii) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) performance evaluation services to enhance disease detection, including the development of tools, resources, and infrastructure to improve data analysis, test result interpretation, data harmonization, and dissemination of laboratory best practices.''; and (2) in subsection (b) to read as follows: ``(b) Surveillance Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, and taking into consideration the expertise of the Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111, shall provide for the coordination of national surveillance activities, including-- ``(1) standardizing data collection and reporting through the use of electronic and other forms of health records to achieve real-time data for tracking and monitoring the newborn screening system, from the initial positive screen through diagnosis and long-term care management; and ``(2) by promoting data sharing linkages between State newborn screening programs and State-based birth defects and developmental disabilities surveillance programs to help families connect with services to assist in evaluating long- term outcomes.''. SEC. 6. HUNTER KELLY RESEARCH PROGRAM. Section 1116 of the Public Health Service Act (42 U.S.C. 300b-15) is amended-- (1) in subsection (a)(1)-- (A) by striking ``may'' and inserting ``shall''; and (B) in subparagraph (D)-- (i) by inserting ``, or with a high probability of being recommended by,'' after ``recommended by''; and (ii) by striking ``that screenings are ready for nationwide implementation'' and inserting ``that reliable newborn screening technologies are piloted and ready for use''; and (2) in subsection (b) to read as follows: ``(b) Funding.--In carrying out the research program under this section, the Secretary and the Director shall ensure that entities receiving funding through the program will provide assurances, as practicable, that such entities will work in consultation with State departments of health, as appropriate.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS FOR NEWBORN SCREENING PROGRAMS AND ACTIVITIES. Section 1117 of the Public Health Service Act (42 U.S.C. 300b-16) is amended-- (1) in paragraph (1)-- (A) by striking ``$11,900,000'' and inserting ``$31,000,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''; and (2) in paragraph (2)-- (A) by striking ``$8,000,000'' and inserting ``$29,650,000''; (B) by striking ``2015'' and inserting ``2022''; and (C) by striking ``2019'' and inserting ``2026''. SEC. 8. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. Section 12 of the Newborn Screening Saves Lives Reauthorization Act of 2014 (42 U.S.C. 289 note) is amended to read as follows: ``SEC. 12. INSTITUTIONAL REVIEW BOARDS; ETHICS GUIDANCE PROGRAM. ``Research on nonidentified newborn dried blood spots shall be considered secondary research (as that term is defined in section 46.104(d)(4) of title 45, Code of Federal Regulations (or successor regulations)) with nonidentified biospecimens for purposes of federally funded research conducted pursuant to the Public Health Service Act (42 U.S.C. 200 et seq.).''. SEC. 9. NAM REPORT ON THE MODERNIZATION OF NEWBORN SCREENING. (a) Study.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall seek to enter into an agreement with the National Academy of Medicine (in this section referred to as ``NAM'') (or if NAM declines to enter into such an agreement, another appropriate entity) under which NAM, or such other appropriate entity, agrees to conduct a study on the following: (1) The uniform screening panel review and recommendation processes to identify factors that impact decisions to add new conditions to the uniform screening panel, to describe challenges posed by newly nominated conditions, including low- incidence diseases, late onset variants, and new treatments without long-term efficacy data. (2) The barriers that preclude States from adding new uniform screening panel conditions to their State screening panels with recommendations on resources needed to help States implement uniform screening panel recommendations. (3) The current state of federally and privately funded newborn screening research with recommendations for optimizing the capacity of this research, including piloting multiple prospective conditions at once and addressing rare disease questions. (4) New and emerging technologies that would permit screening for new categories of disorders, or would make current screening more effective, more efficient, or less expensive. (5) Technological and other infrastructure needs to improve timeliness of diagnosis and short- and long-term follow-up for infants identified through newborn screening and improve public health surveillance. (6) Current and future communication and educational needs for priority stakeholders and the public to promote understanding and knowledge of a modernized newborn screening system with an emphasis on evolving communication channels and messaging. (7) The extent to which newborn screening yields better data on the disease prevalence for screened conditions and improves long-term outcomes for those identified through newborn screening, including existing systems supporting such data collection and recommendations for systems that would allow for improved data collection. (8) The impact on newborn morbidity and mortality in States that adopt newborn screening tests included on the uniform panel. (b) Public Stakeholder Meeting.--In the course of completing the study described in subsection (a), NAM or such other appropriate entity shall hold not less than one public meeting to obtain stakeholder input on the topics of such study. (c) Report.--Not later than 18 months after the effective date of the agreement under subsection (a), such agreement shall require NAM, or such other appropriate entity, to submit to the Secretary of Health and Human Services and the appropriate committees of jurisdiction of Congress a report containing-- (1) the results of the study conducted under subsection (a); (2) recommendations to modernize the processes described in subsection (a)(1); and (3) recommendations for such legislative and administrative action as NAM, or such other appropriate entity, determines appropriate. (d) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 for the period of fiscal years 2022 and 2023 to carry out this section. all
H.R. 48 (Introduced in House) - American Sovereignty and Species Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr48ih/html/BILLS-117hr48ih.htm	DOC 117th CONGRESS 1st Session H. R. 48 To amend the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species, to prohibit certain types of financial assistance, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Endangered Species Act to prevent a species that is not native to the United States from being listed as an endangered species or a threatened species, to prohibit certain types of financial assistance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Sovereignty and Species Protection Act''. SEC. 2. LIMITATION ON LISTING OF NOT NATIVE SPECIES AND PROVISION OF CERTAIN FINANCIAL ASSISTANCE. (a) Limitation on Listing of Not Native Species.--Section 4(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)(2)) is amended by adding at the end the following: ``(D) Not native species.--The Secretary may not determine that a species is an endangered species or a threatened species pursuant to section 4 if such species is not native to the United States.''. (b) Limitation on Provision of Certain Financial Assistance.-- Section 8(a) of the Endangered Species Act of 1973 (16 U.S.C. 1537(a)) is amended-- (1) by striking ``As a demonstration of'' and inserting the following: ``(1) In general.--As a demonstration of''; (2) by striking ``(which includes, but is not limited to, the acquisition, by lease or otherwise, of lands, waters, or interests therein)''; and (3) by adding at the end the following: ``(2) Prohibition on purchasing land in a foreign country.--No financial assistance provided under paragraph (1) may be used to acquire, by lease or otherwise, lands, waters, or other interests in a foreign country.''. all
"H.R. 49 (Engrossed in House) -An Act To designate the National Pulse Memorial located at 1912 South 
Orange Avenue, Orlando, Florida, 32806, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr49eh/html/BILLS-117hr49eh.htm	DOC 117th CONGRESS 1st Session H. R. 49 _______________________________________________________________________ AN ACT To designate the National Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF NATIONAL PULSE MEMORIAL. (a) In General.--The Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, is designated as the ``National Pulse Memorial''. (b) Effect of Designation.--The national memorial designated by this section is not a unit of the National Park System and the designation of the National Pulse Memorial shall not require or permit Federal funds to be expended for any purpose related to that national memorial. Passed the House of Representatives May 12, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 49 _______________________________________________________________________ AN ACT To designate the National Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, and for other purposes.
"H.R. 49 (Enrolled Bill) - An 
Act To designate the National Pulse Memorial located at 1912 South 
Orange Avenue, Orlando, Florida, 32806, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr49enr/html/BILLS-117hr49enr.htm	H.R.49 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To designate the National Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF NATIONAL PULSE MEMORIAL. (a) In General.--The Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, is designated as the ``National Pulse Memorial''. (b) Effect of Designation.--The national memorial designated by this section is not a unit of the National Park System and the designation of the National Pulse Memorial shall not require or permit Federal funds to be expended for any purpose related to that national memorial. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
"H.R. 49 (Introduced in House) -To designate the National Pulse Memorial located at 1912 South Orange 
Avenue, Orlando, Florida, 32806, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr49ih/html/BILLS-117hr49ih.htm	DOC 117th CONGRESS 1st Session H. R. 49 To designate the National Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Soto (for himself, Mrs. Demings, and Mrs. Murphy of Florida) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To designate the National Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF NATIONAL PULSE MEMORIAL. (a) In General.--The Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, is designated as the ``National Pulse Memorial''. (b) Effect of Designation.--The national memorial designated by this section is not a unit of the National Park System and the designation of the National Pulse Memorial shall not require or permit Federal funds to be expended for any purpose related to that national memorial. all
"H.R. 49 (Referred in Senate) -An Act To designate the National Pulse Memorial located at 1912 South 
Orange Avenue, Orlando, Florida, 32806, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr49rfs/html/BILLS-117hr49rfs.htm	DOC 117th CONGRESS 1st Session H. R. 49 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2021 Received; read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ AN ACT To designate the National Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF NATIONAL PULSE MEMORIAL. (a) In General.--The Pulse Memorial located at 1912 South Orange Avenue, Orlando, Florida, 32806, is designated as the ``National Pulse Memorial''. (b) Effect of Designation.--The national memorial designated by this section is not a unit of the National Park System and the designation of the National Pulse Memorial shall not require or permit Federal funds to be expended for any purpose related to that national memorial. Passed the House of Representatives May 12, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 4 (Engrossed in House) - John R. Lewis Voting Rights Advancement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr4eh/html/BILLS-117hr4eh.htm	DOC 117th CONGRESS 1st Session H. R. 4 _______________________________________________________________________ AN ACT To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John R. Lewis Voting Rights Advancement Act of 2021''. SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS. (a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52 U.S.C. 10301(a)) is amended-- (1) by inserting after ``applied by any State or political subdivision'' the following: ``for the purpose of, or''; and (2) by striking ``as provided in subsection (b)'' and inserting ``as provided in subsection (b), (c), (d), or (f)''. (b) Vote Dilution.--Section 2(b) of such Act (52 U.S.C. 10301(b)) is amended-- (1) by inserting after ``A violation of subsection (a)'' the following: ``for vote dilution''; (2) by inserting after the period at the end the following: ``For the purposes of this subsection:''; (3) by adding at the end the following new paragraphs: ``(1) To prevail in demonstrating that a representational, districting, or apportionment scheme results in vote dilution, a plaintiff shall, as a threshold matter, establish that-- ``(A) the members of the protected class are sufficiently numerous and geographically compact to constitute a majority in a single-member district; ``(B) the members of the protected class are politically cohesive; and ``(C) the residents of that district who are not the members of the protected class usually vote sufficiently as a bloc to enable them to defeat the preferred candidates of the members of the protected class. ``(2) Upon a plaintiff establishing the required threshold showing under paragraph (1), a court shall conduct a totality of the circumstances analysis with respect to a claim of vote dilution to determine whether there was a violation of subsection (a), which shall include the following factors: ``(A) The extent of any history of official voting discrimination in the State or political subdivision that affected the right of members of the protected class to register, to vote, or otherwise to participate in the political process. ``(B) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(C) The extent to which the State or political subdivision has used voting practices or procedures that tend to enhance the opportunity for discrimination against the members of the protected class, such as unusually large election districts, majority vote requirements, anti-single shot provisions, or other qualifications, prerequisites, standards, practices, or procedures that may enhance the opportunity for discrimination against the members of the protected class. ``(D) If there is a candidate slating process, whether the members of the protected class have been denied access to that process. ``(E) The extent to which members of the protected class in the State or political subdivision bear the effects of discrimination, both public or private, in such areas as education, employment, health, housing, and transportation, which hinder their ability to participate effectively in the political process. ``(F) Whether political campaigns have been characterized by overt or subtle racial appeals. ``(G) The extent to which members of the protected class have been elected to public office in the jurisdiction. ``(3) In conducting a totality of the circumstances analysis under paragraph (2), a court may consider such other factors as the court may determine to be relevant, including-- ``(A) whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of the members of the protected class, including a lack of concern for or responsiveness to the requests and proposals of the members of the protected class, except that compliance with a court order may not be considered evidence of responsiveness on the part of the jurisdiction; and ``(B) whether the policy underlying the State or political subdivision's use of such voting qualification, prerequisite to voting, or standard, practice or procedure is tenuous. In making this determination, a court shall consider whether the qualification, prerequisite, standard, practice, or procedure in question was designed to advance and materially advances a valid and substantiated State interest. ``(4) A class of citizens protected by subsection (a) may include a cohesive coalition of members of different racial or language minority groups.''; and (4) Vote denial or abridgement.--Section 2 of such Act (52 U.S.C. 10301), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(c)(1) A violation of subsection (a) resulting in vote denial or abridgment is established if the challenged qualification, prerequisite, standard, practice, or procedure-- ``(A) results or will result in members of a protected class facing greater costs or burdens in participating in the political process than other voters; and ``(B) the greater costs or burdens are, at least in part, caused by or linked to social and historical conditions that have produced or produce on the date of such challenge discrimination against members of the protected class. In determining the existence of a burden for purposes of subparagraph (A), the absolute number or the percent of voters affected or the presence of voters who are not members of a protected class in the affected area shall not be dispositive, and the affected area may be smaller than the jurisdiction to which the qualification, prerequisite, standard, practice, or procedure applies. ``(2) The challenged qualification, prerequisite, standard, practice, or procedure need only be a but-for cause of the discriminatory result described in paragraph (1) or perpetuate a pre- existing burdens or costs. ``(3)(A) The factors that are relevant to a totality of the circumstances analysis with respect to a claim of vote denial or abridgement pursuant to this subsection include the following: ``(i) The extent of any history of official voting-related discrimination in the State or political subdivision that affected the right of members of the protected class to register, to vote, or otherwise to participate in the political process. ``(ii) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(iii) The extent to which the State or political subdivision has used photographic voter identification requirements, documentary proof of citizenship requirements, documentary proof of residence requirements, or other voting practices or procedures, beyond those required by Federal law, that impair the ability of members of the minority group to participate fully in the political process. ``(iv) The extent to which minority group members bear the effects of discrimination, both public or private, in areas such as education, employment, health, housing, and transportation, which hinder their ability to participate effectively in the political process. ``(v) The use of overt or subtle racial appeals either in political campaigns or surrounding adoption or maintenance of the challenged practice. ``(vi) The extent to which members of the minority group have been elected to public office in the jurisdiction, provided that the fact that the minority group is too small to elect candidates of its choice shall not defeat a claim of vote denial or abridgment. ``(vii) Whether there is a lack of responsiveness on the part of elected officials to the particularized needs of minority group members, including a lack of concern for or responsiveness to the requests and proposals of the group, except that compliance with a court order may not be considered evidence of responsiveness on the part of the jurisdiction. ``(viii) Whether the policy underlying the State or political subdivision's use of the challenged qualification, prerequisite, standard, practice, or procedure is tenuous. In making a determination under this clause, a court shall consider whether the qualification, prerequisite, standard, practice, or procedure in question was designed to advance and materially advances a valid and substantiated State interest. ``(ix) Subject to paragraph (4), such other factors as the court may determine to be relevant. ``(B) The factors described in subparagraph (A), individually and collectively, shall be considered as a means of establishing that a voting practice amplifies the effects of past or present discrimination in violation in subsection (a). ``(C) A plaintiff need not show any particular combination or number of factors to establish a violation of subsection (a). ``(4) The factors that are relevant to a totality of the circumstances analysis with respect to a claim of vote denial or abridgement do not include the following: ``(A) The degree to which the challenged qualification, prerequisite, standard, practice, or procedure has a long pedigree or was in widespread use at some earlier date. ``(B) The use of an identical or similar qualification, prerequisite, standard, practice, or procedure in other States or jurisdictions. ``(C) The availability of other forms of voting unimpacted by the challenged qualification, prerequisite, standard, practice, or procedure to all members of the electorate, including members of the protected class, unless the jurisdiction is simultaneously expanding such other practices to eliminate any disproportionate burden imposed by the challenged qualification, prerequisite, standard, practice, or procedure. ``(D) Unsubstantiated defenses that the qualification, prerequisite, standard, practice, or procedure is necessary to address criminal activity. ``(d)(1) A violation of subsection (a) for the purpose of vote denial or abridgement is established if the challenged qualification, prerequisite, standard, practice, or procedure is intended, at least in part, to dilute minority voting strength or to deny or abridge the right of any citizen of the United States to vote on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2). ``(2) Discrimination on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2) need only be one purpose of a qualification, prerequisite, standard, practice, or procedure to demonstrate a violation of subsection (a). ``(3) A qualification, prerequisite, standard, practice, or procedure intended to dilute minority voting strength or to make it more difficult for minority voters to cast a ballot that will be counted violates this subsection even if an additional purpose of the qualification, prerequisite, standard, practice, or procedure is to benefit a particular political party or group. ``(4) The context for the adoption of the challenged qualification, prerequisite, standard, practice, or procedure, including actions by official decisionmakers before the challenged qualification, prerequisite, standard, practice, or procedure, may be relevant to a violation of this subsection. ``(5) Claims under this subsection require proof of a discriminatory impact but do not require proof of a violation pursuant to subsection (b) or (c). ``(e) For purposes of this section, the term `affected area' means any geographic area, in which members of a protected class are affected by a qualification, prerequisite, standard, practice, or procedure allegedly in violation of this section, within a State (including any Indian lands).''. SEC. 3. RETROGRESSION. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(f) A violation of subsection (a) is established when a State or political subdivision enacts or seeks to administer any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), to participate in the electoral process or elect their preferred candidates of choice. This subsection applies to any action taken on or after January 1, 2021, by a State or political subdivision to enact or seek to administer any such qualification or prerequisite to voting or standard, practice or procedure. ``(g) Notwithstanding the provisions of subsection (f), final decisions of the United States District Court of the District of Columbia on applications or petitions by States or political subdivisions for preclearance under section 5 of any changes in voting prerequisites, standards, practices, or procedures, supersede the provisions of subsection (f).''. SEC. 4. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN JURISDICTION. (a) Types of Violations.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. (b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. SEC. 5. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS. (a) Determination of States and Political Subdivisions Subject to Section 4(a).-- (1) In general.--Section 4(b) of the Voting Rights Act of 1965 (52 U.S.C. 10303(b)) is amended to read as follows: ``(b) Determination of States and Political Subdivisions Subject to Requirements.-- ``(1) Existence of voting rights violations during previous 25 years.-- ``(A) Statewide application.--Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if-- ``(i) fifteen or more voting rights violations occurred in the State during the previous 25 calendar years; ``(ii) ten or more voting rights violations occurred in the State during the previous 25 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State); or ``(iii) three or more voting rights violations occurred in the State during the previous 25 calendar years and the State itself administers the elections in the State or political subdivisions in which the voting rights violations occurred. ``(B) Application to specific political subdivisions.--Subsection (a) applies with respect to a political subdivision as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous 25 calendar years. ``(2) Period of application.-- ``(A) In general.--Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period-- ``(i) that begins on January 1 of the year in which subsection (a) applies; and ``(ii) that ends on the date which is 10 years after the date described in clause (i). ``(B) No further application after declaratory judgment.-- ``(i) States.--If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(ii) Political subdivisions.--If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(3) Determination of voting rights violation.--For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: ``(A) Judicial relief; violation of the 14th or 15th amendment.--Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal), in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group occurred, or that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race, color, or language minority group, in violation of the 14th or 15th Amendment, anywhere within the State or subdivision. ``(B) Judicial relief; violations of this act.--Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal) in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act. ``(C) Final judgment; denial of declaratory judgment.--In a final judgment (that was not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. ``(D) Objection by the attorney general.--The Attorney General has interposed an objection under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. A violation per this subsection has not occurred where an objection has been withdrawn by the Attorney General, unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection. A violation under this subsection has not occurred where the objection is based solely on a State or political subdivision's failure to comply with a procedural process that would not otherwise constitute an independent violation of this act. ``(E) Consent decree, settlement, or other agreement.--A consent decree, settlement, or other agreement was adopted or entered by a court of the United States or contained an admission of liability by the defendants, which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such State or subdivision that was challenged on the ground that the practice denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group in violation of subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or the 14th or 15th Amendment. An extension or modification of an agreement as defined by this subsection that has been in place for ten years or longer shall count as an independent violation. If a court of the United States finds that an agreement itself as defined by this subsection denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, violated subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or created an undue burden on the right to vote in connection with a claim that the consent decree, settlement, or other agreement unduly burdened voters of a particular race, color, or language minority group, that finding shall count as an independent violation. ``(F) Multiple violations.--Each voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, including each redistricting plan, found to be a violation by a court of the United States pursuant to subsection (a) or (b), or prevented from enforcement pursuant to subsection (c) or (d), or altered or abandoned pursuant to subsection (e) shall count as an independent violation. Within a redistricting plan, each violation found to discriminate against any group of voters based on race, color, or language minority group shall count as an independent violation. ``(4) Timing of determinations.-- ``(A) Determinations of voting rights violations.-- As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection, including updating the list of voting rights violations occurring in each State and political subdivision for the previous calendar year. ``(B) Effective upon publication in federal register.--A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register.''. (2) Conforming amendments.--Section 4(a) of such Act (52 U.S.C. 10303(a)) is amended-- (A) in paragraph (1), in the first sentence of the matter preceding subparagraph (A), by striking ``any State with respect to which'' and all that follows through ``unless'' and inserting ``any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless''; (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (D) in paragraph (1)(B), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (E) in paragraph (3), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (F) in paragraph (5), by striking ``(in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection)''; (G) by striking paragraphs (7) and (8); and (H) by redesignating paragraph (9) as paragraph (7). (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended by striking ``race or color,'' and inserting ``race, color, or in contravention of the guarantees of subsection (f)(2),''. (c) Administrative Bailout.-- (1) In general.--Section 4 of the Voting Rights Act of 1965 (52 U.S.C. 10303) is amended by adding at the end the following: ``(g) Administrative Bailout.-- ``(1) Determination of eligibility.-- ``(A) In general.--After making a determination under subsection (b)(1)(A) that the provisions of subsection (a) apply with respect to a State and all political subdivisions within the State, the Attorney General shall determine if any political subdivision of the State is eligible for an exemption under this subsection, and shall publish, in the Federal Register, a list of all such political subdivisions. Any political subdivision included on such list is not subject to any requirement under section 5 until the date on which any application under this section has been finally disposed of or no such application may be made. ``(B) Rule of construction.--Nothing in this subsection may be construed to provide-- ``(i) that the determinations made pursuant to the creation of the list shall have any binding or preclusive effect; or ``(ii) that inclusion on the list-- ``(I) constitutes a final determination by the Attorney General that the listee is eligible for an exemption pursuant to this subsection or that, in the case of the listee, the provisions of subparagraphs (A) through (F) of subsection (a)(1) are satisfied; or ``(II) entitles the listee to any exemption pursuant to this subsection. ``(2) Eligibility.--A political subdivision that submits an application under paragraph (3) shall be eligible for an exemption under this subsection only if, during the ten years preceding the filing of the application, and during the pendency of such application-- ``(A) no test or device referred to in subsection (a)(1) has been used within such political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or in contravention of the guarantees of subsection (f)(2); ``(B) no final judgment of any court of the United States, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such political subdivision or that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such subdivision and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; ``(C) no Federal examiners or observers under this Act have been assigned to such political subdivision; ``(D) such political subdivision and all governmental units within its territory have complied with section 5 of this Act, including compliance with the requirement that no change covered by section 5 has been enforced without preclearance under section 5, and have repealed all changes covered by section 5 to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment; ``(E) the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 5, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 5, and no such submissions or declaratory judgment actions are pending; and ``(F) such political subdivision and all governmental units within its territory-- ``(i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; ``(ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under this Act; and ``(iii) have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. ``(3) Application period.--Not later than 90 days after the publication of the list under paragraph (1), a political subdivision included on such list may submit an application, containing such information as the Attorney General may require, for an exemption under this subsection. The Attorney General shall provide notice in the Federal Register of such application. ``(4) Comment period.--During the 90-day period beginning on the date that notice is published under paragraph (3), the Attorney General shall give interested persons an opportunity to submit objections to the issuance of an exemption under this subsection to a political subdivision on the basis that the political subdivision is not eligible under paragraph (2) to the Attorney General. During the 1 year period beginning on the effective date of this subsection, such 90-day period shall be extended by an additional 30 days. The Attorney General shall notify the political subdivision of each objection submitted and afford the political subdivision an opportunity to respond. ``(5) Determination as to objections.--In the case of a political subdivision with respect to which an objection has been submitted under paragraph (4), the following shall apply: ``(A) Consideration of objections.--The Attorney General shall consider and respond to each such objection (and any response of the political subdivision thereto) during the 60 day period beginning on the day after the comment period under paragraph (4) concludes. ``(B) Justified objections.--If the Attorney General determines that any such objection is justified, the Attorney General shall publish notice in the Federal Register denying the application for an exemption under this subsection. ``(C) Unjustified objections.--If the Attorney General determines that no objection submitted is justified, each person that submitted such an objection may, not later than 90 days after the end of the period established under subparagraph (A), file, in the District Court of the District of Columbia, an action for judicial review of such determination in accordance with chapter 7 of title 5, United States Code. ``(6) Exemption.--The Attorney General may issue an exemption, by publication in the Federal Register, from the application of the provisions of subsection (a) with respect to a political subdivision that-- ``(A) is eligible under paragraph (2); and ``(B) with respect to which no objection under was submitted under paragraph (4) or determined to be justified under paragraph (5). ``(7) Judicial review.--Except as otherwise explicitly provided in this subsection, no determination under this subsection shall be subject to review by any court, and all determinations under this subsection are committed to the discretion of the Attorney General. ``(8) Savings clause.--If a political subdivision was not subject to the application of the provisions of subsection (a) by reason of a declaratory judgment entered prior to the effective date of this subsection, and such political subdivision has not violated any eligibility requirement set forth in paragraph (2) at any time thereafter, then that political subdivision shall not be subject to the requirements of subsection (a).''. (2) Conforming amendment.-- (A) In general.--Section 4(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10303(a)(1)), as amended by this Act, is further amended by inserting after ``the United States District Court for the District of Columbia issues a declaratory judgment under this section'' the following: ``, or, in the case of a political subdivision, the Attorney General issues an exemption under subsection (g)''. (B) Expiration of time limit.--On the date that is 1 year after the effective date of this subsection, section 4(g)(3) of the Voting Rights Act of 1965 (52 U.S.C. 10303(g)(3)) is amended by striking ``During the 1 year period beginning on the effective date of this subsection, such 90-day period shall be extended by an additional 30 days.''. For purposes of any periods under such section commenced as of such date, the 90- day period shall remain extended by an additional 30 days. SEC. 6. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further amended by inserting after section 4 the following: ``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. ``(a) Practice-Based Preclearance.-- ``(1) In general.--Each State and each political subdivision shall-- ``(A) identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a standard, practice, or procedure with respect to voting, that is a covered practice described in subsection (b); and ``(B) ensure that no such covered practice is implemented unless or until the State or political subdivision, as the case may be, complies with subsection (c). ``(2) Determinations of characteristics of voting-age population.-- ``(A) In general.--As early as practicable during each calendar year, the Attorney General, in consultation with the Director of the Bureau of the Census and the heads of other relevant offices of the government, shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations, and shall publish a list of the States and political subdivisions to which a voting-age population characteristic described in subsection (b) applies. ``(B) Publication in the federal register.--A determination or certification of the Attorney General under this paragraph shall be effective upon publication in the Federal Register. ``(b) Covered Practices.--To assure that the right of citizens of the United States to vote is not denied or abridged on account of race, color, or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting newly adopted in a State or political subdivision, the following shall be covered practices subject to the requirements described in subsection (a): ``(1) Changes to method of election.--Any change to the method of election-- ``(A) to add seats elected at-large in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(2) Changes to jurisdiction boundaries.--Any change or series of changes within a year to the boundaries of a jurisdiction that reduces by 3 or more percentage points the proportion of the jurisdiction's voting-age population that is comprised of members of a single racial group or language minority group in a State or political subdivision where-- ``(A) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(B) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(3) Changes through redistricting.--Any change to the boundaries of election districts in a State or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents 15 percent or more of the State or political subdivision's voting-age population experiences a population increase of at least 20 percent of its voting-age population, over the preceding decade (as calculated by the Bureau of the Census under the most recent decennial census), in the jurisdiction. ``(4) Changes in documentation or qualifications to vote.-- Any change to requirements for documentation or proof of identity to vote or register to vote that will exceed or be more stringent than such requirements under State law on the day before the date of enactment of the John R. Lewis Voting Rights Advancement Act of 2021; and further, if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, if the State does not permit the individual to meet the requirement and cast a ballot in the election in the same manner as an individual who presents identification-- ``(A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity and attesting that the individual is eligible to vote in the election; and ``(B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). ``(5) Changes to multilingual voting materials.--Any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed, where no similar reduction or alteration occurs in materials provided in English for such election. ``(6) Changes that reduce, consolidate, or relocate voting locations, or reduce voting opportunities.--Any change that reduces, consolidates, or relocates voting locations, including early, absentee, and election-day voting locations, or reduces days or hours of in-person voting on any Sunday during a period occurring prior to the date of an election during which voters may cast ballots in such election, or prohibits the provision of food or non-alcoholic drink to persons waiting to vote in an election except where the provision would violate prohibitions on expenditures to influence voting-- ``(A) in one or more census tracts wherein two or more language minority groups or racial groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(B) on Indian lands wherein at least 20 percent of the voting-age population belongs to a single language minority group. ``(7) New list maintenance process.--Any change to the maintenance of voter registration lists that adds a new basis for removal from the list of active registered voters or that incorporates new sources of information in determining a voter's eligibility to vote, wherein such a change would have a statistically significant disparate impact on the removal from voter rolls of members of racial groups or language minority groups that constitute greater than 5 percent of the voting-age population-- ``(A) in the case of a political subdivision imposing such change if-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) in the case of a State imposing such change, if two or more racial groups or language minority groups each represent 20 percent or more of the voting- age population of-- ``(i) the State; or ``(ii) a political subdivision in the State, except that the requirements under subsections (a) and (c) shall apply only with respect to each such political subdivision. ``(c) Preclearance.-- ``(1) In general.--Whenever a State or political subdivision with respect to which the requirements set forth in subsection (a) are in effect shall enact, adopt, or seek to implement any covered practice described under subsection (b), such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, and unless and until the court enters such judgment such covered practice shall not be implemented. Notwithstanding the previous sentence, such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin implementation of such covered practice. In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General's attention during the remainder of the 60-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. ``(2) Denying or abridging the right to vote.--Any covered practice described in subsection (b) that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph (1) of this subsection. ``(3) Purpose defined.--The term `purpose' in paragraphs (1) and (2) of this subsection shall include any discriminatory purpose. ``(4) Purpose of paragraph (2).--The purpose of paragraph (2) of this subsection is to protect the ability of such citizens to elect their preferred candidates of choice. ``(d) Enforcement.--The Attorney General or any aggrieved citizen may file an action in a Federal district court to compel any State or political subdivision to satisfy the obligations set forth in this section. Such actions shall be heard and determined by a court of three judges under section 2284 of title 28, United States Code. In any such action, the court shall provide as a remedy that any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, that is the subject of the action under this subsection be enjoined unless the court determines that-- ``(1) the voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, is not a covered practice described in subsection (b); or ``(2) the State or political subdivision has complied with subsection (c) with respect to the covered practice at issue. ``(e) Counting of Racial Groups and Language Minority Groups.--For purposes of this section, the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance promulgated in the Federal Register on February 9, 2011 (76 Fed. Reg. 7470). ``(f) Special Rule.--For purposes of determinations under this section, any data provided by the Bureau of the Census, whether based on estimation from sample or actual enumeration, shall not be subject to challenge or review in any court. ``(g) Multilingual Voting Materials.--In this section, the term `multilingual voting materials' means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language or languages of one or more language minority groups.''. SEC. 7. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT. (a) Transparency.-- (1) In general.--The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by inserting after section 5 the following new section: ``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS. ``(a) Notice of Enacted Changes.-- ``(1) Notice of changes.--If a State or political subdivision makes any change in any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the qualification or prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election for Federal office, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of the State or political subdivision, of a concise description of the change, including the difference between the changed qualification or prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Deadline for notice.--A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. ``(b) Transparency Regarding Polling Place Resources.-- ``(1) In general.--In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Information described.--The information described in this paragraph with respect to a precinct or polling place is each of the following: ``(A) The name or number. ``(B) In the case of a polling place, the location, including the street address, and whether such polling place is accessible to persons with disabilities. ``(C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(E) The number of voting machines assigned, including the number of voting machines accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(F) The number of official paid poll workers assigned. ``(G) The number of official volunteer poll workers assigned. ``(H) In the case of a polling place, the dates and hours of operation. ``(3) Updates in information reported.--If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. The public notice described in this paragraph and published on the website of a State or political subdivision shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(c) Transparency of Changes Relating to Demographics and Electoral Districts.-- ``(1) Requiring public notice of changes.--Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). ``(2) Geographic areas described.--The geographic areas described in this paragraph are as follows: ``(A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. ``(B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. ``(C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. ``(3) Demographic and electoral data.--The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are each of the following: ``(A) The voting-age population, broken down by demographic group. ``(B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. ``(C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. ``(D)(i) If the change applies to a State, the actual number of votes, or (if it is not reasonably practicable for the State to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election held during the 5-year period which ends on the date the change involved is made; and ``(ii) if the change applies to only one political subdivision, the actual number of votes, or (if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. ``(4) Voluntary compliance by smaller jurisdictions.-- Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: ``(A) A county or parish. ``(B) A municipality with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. ``(C) A school district with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. For purposes of this subparagraph, the term `school district' means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965). ``(d) Rules Regarding Format of Information.--The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. ``(e) No Denial of Right To Vote.--The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision to a voting qualification, prerequisite, standard, practice, or procedure if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. ``(f) Definitions.--In this section-- ``(1) the term `demographic group' means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2); ``(2) the term `election for Federal office' means any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; and ``(3) the term `persons with disabilities', means individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990.''. (2) Conforming amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``in accordance with section 6''. (b) Effective Date.--The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 8. AUTHORITY TO ASSIGN OBSERVERS. (a) Clarification of Authority in Political Subdivisions Subject to Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to read as follows: ``(B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other Federal law protecting the right of citizens of the United States to vote; or''. (b) Assignment of Observers To Enforce Bilingual Election Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by inserting after paragraph (2) the following: ``(3) the Attorney General certifies with respect to a political subdivision that-- ``(A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or ``(B) in the Attorney General's judgment, the assignment of observers is necessary to enforce the guarantees of section 203;''; and (3) by moving the margin for the continuation text following paragraph (3), as added by paragraph (2) of this subsection, 2 ems to the left. (c) Transferral of Authority Over Observers to the Attorney General.-- (1) Enforcement proceedings.--Section 3(a) of the Voting Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking ``United States Civil Service Commission in accordance with section 6'' and inserting ``Attorney General in accordance with section 8''. (2) Observers; appointment and compensation.--Section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended-- (A) in subsection (a)(2), in the matter following subparagraph (B), by striking ``Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director'' and inserting ``Attorney General shall assign as many observers for such subdivision as the Attorney General''; and (B) in subsection (c), by striking ``Director of the Office of Personnel Management'' and inserting ``Attorney General''. (3) Termination of certain appointments of observers.-- Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is amended by striking ``notifies the Director of the Office of Personnel Management,'' and inserting ``determines,''. SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK RELIEF. (a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52 U.S.C. 10306(b)) is amended by striking ``the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions'' and inserting ``an aggrieved person or (in the name of the United States) the Attorney General may institute such actions''. (b) Cause of Action.--Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is amended-- (1) by striking ``Whenever any person has engaged'' and all that follows through ``in the name of the United States'' and inserting ``(1) Whenever there are reasonable grounds to believe that any person has implemented or will implement any voting qualification or prerequisite to voting or standard, practice, or procedure that would (A) deny any citizen the right to vote in violation of the 14th, 15th, 19th, 24th, or 26th Amendments, or (B) would violate this Act (except for section 4A) or any other Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, an aggrieved person or (in the name of the United States) the Attorney General may institute''; and (2) by striking ``, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes''. (c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965 (52 U.S.C. 10504) is amended by striking ``Whenever the Attorney General has reason to believe'' and all that follows through ``as he deems appropriate'' and inserting ``Whenever there are reasonable grounds to believe that a State or political subdivision has engaged or is about to engage in any act or practice prohibited by a provision of title II, an aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate''. (d) Enforcement of Twenty-Sixth Amendment.--Section 301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10701) is amended by striking ``The Attorney General is directed to institute'' and all that follows through ``Constitution of the United States'' and inserting ``An aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate to implement the twenty-sixth amendment to the Constitution of the United States''. SEC. 10. PREVENTIVE RELIEF. Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)), as amended by section 9, is further amended by adding at the end the following: ``(2)(A) In considering any motion for preliminary relief in any action for preventive relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a serious question as to whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates this Act or the Constitution and, on balance, the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not granted. ``(B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present: ``(i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of the 19th, 24th, or 26th Amendments; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of the 19th, 24th, or 26th Amendment; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take or takes effect. ``(iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. ``(3) A jurisdiction's inability to enforce its voting or election laws, regulations, policies, or redistricting plans, standing alone, shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the Constitution or any Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section 1253 of title 28, United States Code, is warranted.''. SEC. 11. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS. (a) In General.-- (1) Relief for violations of voting rights laws.--In this section, the term ``prohibited act or practice'' means-- (A) any act or practice-- (i) that creates an undue burden on the fundamental right to vote in violation of the 14th Amendment to the Constitution of the United States or violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States; or (ii) that is prohibited by the 15th, 19th, 24th, or 26th Amendment to the Constitution of the United States, section 2004 of the Revised Statutes (52 U.S.C. 10101), the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or section 2003 of the Revised Statutes (52 U.S.C. 10102); and (B) any act or practice in violation of any Federal law that prohibits discrimination with respect to voting, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (2) Rule of construction.--Nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any Federal law. (3) Attorney's fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a provision described in section 2(a) of the John R. Lewis Voting Rights Advancement Act of 2021,'' after ``title VI of the Civil Rights Act of 1964,''. (b) Grounds for Equitable Relief.--In any action for equitable relief pursuant to a law listed under subsection (a), proximity of the action to an election shall not be a valid reason to deny such relief, or stay the operation of or vacate the issuance of such relief, unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief. (1) In general.--In considering whether to grant, deny, stay, or vacate any order of equitable relief, the court shall give substantial weight to the public's interest in expanding access to the right to vote. A State's generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted. (2) Presumptive safe harbor.--Where equitable relief is sought either within 30 days of the adoption or reasonable public notice of the challenged policy or practice, or more than 45 days before the date of an election to which the relief being sought will apply, proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief. (c) Grounds for Stay or Vacatur in Federal Claims Involving Voting Rights.-- (1) Prospective effect.--In reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection (a), a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review. In fashioning a stay or vacatur, a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order. (2) Written explanation.--No stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest, including the public's interest in expanding access to the ballot, will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest. In reviewing an application for a stay or vacatur of equitable relief, findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous. SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL. Section 12 of the Voting Rights Act (52 U.S.C. 10308), as amended by this Act, is further amended by adding at the end the following: ``(g) Voting Rights Enforcement by Attorney General.-- ``(1) In general.--In order to fulfill the Attorney General's responsibility to enforce the Voting Rights Act and other Federal civil rights statutes that protect the right to vote, the Attorney General (or upon designation by the Attorney General, the Assistant Attorney General for Civil Rights) is authorized, before commencing a civil action, to issue a demand for inspection and information in writing to any State or political subdivision, or other governmental representative or agent, with respect to any relevant documentary material that he has reason to believe is within their possession, custody, or control. A demand by the Attorney General under this section may require-- ``(A) the production of such documentary material for inspection and copying; ``(B) answers in writing to written questions with respect to such documentary material; or ``(C) both. ``(2) Contents of an attorney general demand.-- ``(A) In general.--Any demand issued under paragraph (1), shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, or other voting related matter or issue, whose lawfulness the Attorney General is investigating and to identify the civil provisions of the Federal civil rights statute that protects the right to vote under which the investigation is being conducted. The demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such civil rights investigation. Documentary material includes any material upon which relevant information is recorded, and includes written or printed materials, photographs, tapes, or materials upon which information is electronically or magnetically recorded. Such demands are aimed at the Attorney General having the ability to inspect and obtain copies of relevant materials (as well as obtain information) related to voting and are not aimed at the Attorney General taking possession of original records, particularly those that are required to be retained by State and local election officials under Federal or State law. ``(B) No requirement for production.--Any demand issued under paragraph (1) may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the Federal Rules of Civil Procedure in an action in which the Attorney General or the United States is a party. ``(C) Documentary material.--If the demand issued under paragraph (1) requires the production of documentary material, it shall-- ``(i) identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; and ``(ii) prescribe a return date for production of the documentary material at least twenty days after issuance of the demand to give the State or political subdivision, or other governmental representative or agent, a reasonable period of time for assembling the documentary material and making it available for inspection and copying. ``(D) Answers to written questions.--If the demand issued under paragraph (1) requires answers in writing to written questions, it shall-- ``(i) set forth with specificity the written question to be answered; and ``(ii) prescribe a date at least twenty days after the issuance of the demand for submitting answers in writing to the written questions. ``(E) Service.--A demand issued under paragraph (1) may be served by a United States marshal or a deputy marshal, or by certified mail, at any place within the territorial jurisdiction of any court of the United States. ``(3) Responses to an attorney general demand.--A State or political subdivision, or other governmental representative or agent, must, with respect to any documentary material or any answer in writing produced under this subsection, provide a sworn certificate, in such form as the demand issued under paragraph (1) designates, by a person having knowledge of the facts and circumstances relating to such production or written answer, authorized to act on behalf of the State or political subdivision, or other governmental representative or agent, upon which the demand was served. The certificate-- ``(A) shall state that-- ``(i) all of the documentary material required by the demand and in the possession, custody, or control of the State or political subdivision, or other governmental representative or agent, has been produced; ``(ii) that with respect to every answer in writing to a written question, all information required by the question and in the possession, custody, control, or knowledge of the State or political subdivision, or other governmental representative or agent, has been submitted; or ``(iii) both; or ``(B) provide the basis for any objection to producing the documentary material or answering the written question. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. ``(4) Judicial proceedings.-- ``(A) Petition for enforcement.--Whenever any State or political subdivision, or other governmental representative or agent, fails to comply with demand issued by the Attorney General under paragraph (1), the Attorney General may file, in a district court of the United States in which the State or political subdivision, or other governmental representative or agent, is located, a petition for a judicial order enforcing the Attorney General demand issued under paragraph (1). ``(B) Petition to modify.-- ``(i) In general.--Any State or political subdivision, or other governmental representative or agent, that is served with a demand issued by the Attorney General under paragraph (1) may file in the United States District Court for the District of Columbia a petition for an order of the court to modify or set aside the demand of the Attorney General. ``(ii) Petition to modify.--Any petition to modify or set aside a demand of the Attorney General issued under paragraph (1) must be filed within 20 days after the date of service of the Attorney General's demand or at any time before the return date specified in the Attorney General's demand, whichever date is earlier. ``(iii) Contents of petition.--The petition shall specify each ground upon which the petitioner relies in seeking relief under clause (i), and may be based upon any failure of the Attorney General's demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the State or political subdivision, or other governmental representative or agent. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the Attorney General's demand, in whole or in part, except that the State or political subdivision, or other governmental representative or agent, filing the petition shall comply with any portions of the Attorney General's demand not sought to be modified or set aside.''. SEC. 13. DEFINITIONS. Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``SEC. 21. DEFINITIONS. ``In this Act: ``(1) Indian.--The term `Indian' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) Indian lands.--The term `Indian lands' means-- ``(A) any Indian country of an Indian tribe, as such term is defined in section 1151 of title 18, United States Code; ``(B) any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act, by an Indian tribe that is a Native village (as such term is defined in section 3 of such Act), or by a Village Corporation that is associated with the Indian tribe (as such term is defined in section 3 of such Act); ``(C) any land on which the seat of government of the Indian tribe is located; and ``(D) any land that is part or all of a tribal designated statistical area associated with the Indian tribe, or is part or all of an Alaska Native village statistical area associated with the tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. ``(3) Indian tribe.--The term `Indian tribe' or `tribe' has the meaning given the term `Indian tribe' in section 4 of the Indian Self-Determination and Education Assistance Act. ``(4) Tribal government.--The term `Tribal Government' means the recognized governing body of an Indian Tribe. ``(5) Voting-age population.--The term `voting-age population' means the numerical size of the population within a State, within a political subdivision, or within a political subdivision that contains Indian lands, as the case may be, that consists of persons age 18 or older, as calculated by the Bureau of the Census under the most recent decennial census.''. SEC. 14. ATTORNEYS' FEES. Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c)) is amended by adding at the end the following: ``(4) The term `prevailing party' means a party to an action that receives at least some of the benefit sought by such action, states a colorable claim, and can establish that the action was a significant cause of a change to the status quo.''. SEC. 15. OTHER TECHNICAL AND CONFORMING AMENDMENTS. (a) Actions Covered Under Section 3.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended-- (1) by striking ``any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce'' and inserting ``any action under any statute in which a party (including the Attorney General) seeks to enforce''; and (2) by striking ``at the time the proceeding was commenced'' and inserting ``at the time the action was commenced''. (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices Are Subject to Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304) is amended-- (1) in subsection (a), by striking ``based upon determinations made under the first sentence of section 4(b) are in effect'' and inserting ``are in effect during a calendar year''; (2) in subsection (a), by striking ``November 1, 1964'' and all that follows through ``November 1, 1972'' and inserting ``the applicable date of coverage''; and (3) by adding at the end the following new subsection: ``(e) The term `applicable date of coverage' means, with respect to a State or political subdivision-- ``(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2021; or ``(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2021.''. SEC. 16. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional or is otherwise enjoined or unenforceable, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, and any remaining provision of the Voting Rights Act of 1965, shall not be affected by the holding. SEC. 17. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING RIGHTS ACT OF 1965. (a) In General.--The Attorney General shall make grants each fiscal year to small jurisdictions who submit applications under subsection (b) for purposes of assisting such small jurisdictions with compliance with the requirements of the Voting Rights Act of 1965 to submit or publish notice of any change to a qualification, prerequisite, standard, practice or procedure affecting voting. (b) Application.--To be eligible for a grant under this section, a small jurisdiction shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require regarding the compliance of such small jurisdiction with the provisions of the Voting Rights Act of 1965. (c) Small Jurisdiction Defined.--For purposes of this section, the term ``small jurisdiction'' means any political subdivision of a State with a population of 10,000 or less. Passed the House of Representatives August 24, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 4 _______________________________________________________________________ AN ACT To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes.
H.R. 4 (Introduced in House) - John R. Lewis Voting Rights Advancement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr4ih/html/BILLS-117hr4ih.htm	DOC 117th CONGRESS 1st Session H. R. 4 To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES August 17, 2021 Ms. Sewell (for herself, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Nadler, Mr. Cohen, Ms. Lofgren, Mr. Butterfield, Mrs. Beatty, Mr. Ruiz, Ms. Chu, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Deutch, Ms. Bass, Mr. Jeffries, Mr. Cicilline, Mr. Swalwell, Mr. Lieu, Mr. Raskin, Ms. Jayapal, Mrs. Demings, Mr. Correa, Ms. Scanlon, Ms. Garcia of Texas, Mr. Neguse, Mrs. McBath, Mr. Stanton, Ms. Dean, Ms. Escobar, Mr. Jones, Ms. Ross, Ms. Bush, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. Auchincloss, Mrs. Axne, Mr. Bera, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Bonamici, Ms. Bourdeaux, Mr. Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. Carter of Louisiana, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Cooper, Mr. Costa, Mr. Courtney, Ms. Craig, Mr. Crist, Mr. Danny K. Davis of Illinois, Mr. DeFazio, Ms. DeGette, Ms. DelBene, Mr. Delgado, Mr. DeSaulnier, Mrs. Dingell, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Mr. Gallego, Mr. Garamendi, Mr. Gottheimer, Mr. Green of Texas, Mr. Grijalva, Mrs. Hayes, Mr. Himes, Mr. Horsford, Ms. Houlahan, Mr. Huffman, Ms. Johnson of Texas, Mr. Kahele, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Kind, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lamb, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Ms. Leger Fernandez, Mr. Levin of California, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Manning, Ms. Matsui, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs. Murphy of Florida, Mrs. Napolitano, Mr. Neal, Ms. Norton, Ms. Ocasio- Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Payne, Mr. Peters, Mr. Phillips, Ms. Plaskett, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Miss Rice of New York, Ms. Blunt Rochester, Mr. Ruppersberger, Mr. Rush, Ms. Sanchez, Mr. Sarbanes, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Schrader, Ms. Schrier, Mr. David Scott of Georgia, Mr. Scott of Virginia, Mr. Sherman, Ms. Sherrill, Mr. Sires, Mr. Smith of Washington, Ms. Spanberger, Ms. Speier, Ms. Stansbury, Ms. Stevens, Ms. Strickland, Mr. Suozzi, Mr. Takano, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mrs. Torres of California, Mr. Torres of New York, Mr. Trone, Ms. Underwood, Mr. Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Case, Mr. Ryan, Ms. Jacobs of California, Mr. Khanna, Mrs. Trahan, Mr. Vargas, Mr. Norcross, Mr. Levin of Michigan, Ms. Newman, Mr. Harder of California, Mr. Gomez, and Mr. Beyer) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John R. Lewis Voting Rights Advancement Act of 2021''. SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS. (a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52 U.S.C. 10301(a)) is amended-- (1) by inserting after ``applied by any State or political subdivision'' the following: ``for the purpose of, or''; and (2) by striking ``as provided in subsection (b)'' and inserting ``as provided in subsection (b), (c), (d), or (e)''. (b) Vote Dilution.--Section 2(b) of such Act (52 U.S.C. 10301(b)) is amended-- (1) by inserting after ``A violation of subsection (a)'' the following: ``for vote dilution''; (2) by inserting after the period at the end the following: ``For the purposes of this subsection:''; (3) by adding at the end the following new paragraphs: ``(1) To prevail, a plaintiff shall, as a threshold matter, establish that-- ``(A) the members of the protected class are sufficiently numerous and geographically compact to constitute a majority in a single-member district; ``(B) the members of the protected class are generally politically aligned; and ``(C) the residents of that district who are not the members of the protected class vote sufficiently as a bloc to enable them to defeat the preferred candidates of the members of the protected class. ``(2) Upon a plaintiff establishing the required threshold showing under paragraph (1), a court shall conduct a totality of the circumstances analysis with respect to a claim of vote dilution to determine whether there was a violation of subsection (a), which shall include the following factors: ``(A) The extent the history of official voting discrimination in the State or political subdivision. ``(B) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(C) The extent to which the State or political subdivision has used voting practices or procedures that tend to enhance the opportunity for discrimination against the members of the protected class, such as unusually large election districts, prohibitions against bullet-voting, and majority vote requirements. ``(D) If there is a candidate slating process, whether the members of the protected class have been denied access to that process. ``(E) The extent to which members of the protected class in the State or political subdivision bear the effects of discrimination in such areas as education, employment, and health, which hinder their ability to participate effectively in the political process. ``(F) Whether political campaigns have been characterized by overt or subtle racial appeals. ``(G) The extent to which members of the protected class have been elected to public office in the jurisdiction. ``(3) In conducting a totality of the circumstances analysis under paragraph (2), a court may consider such other factors as the court may determine to be relevant, including-- ``(A) whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of the members of the protected class; and ``(B) whether the policy underlying the State or political subdivision's use of such voting qualification, prerequisite to voting, or standard, practice or procedure is tenuous. ``(4) A class of citizens protected by subsection (a) may include a cohesive coalition of members of different racial or language minority groups.''; and (4) Vote denial or abridgement.--Section 2 of such Act (52 U.S.C. 10301), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(c)(1) A violation of subsection (a) resulting in vote denial or abridgment is established if the challenged qualification, prerequisite, standard, practice, or procedure imposes a discriminatory burden on members of a class of citizens protected by subsection (a), in that-- ``(A) members of the protected class face greater difficulty in complying with the requirement, considering the totality of the circumstances; and ``(B) the greater difficulty is, at least in part, caused by or linked to social and historical conditions that have produced or produce on the date of such challenge discrimination against members of the protected class. ``(2) The challenged qualification, prerequisite, standard, practice, or procedure need only be a but-for cause of the discriminatory burden described in paragraph (1) or perpetuate a pre- existing burden. ``(3)(A) The factors that are relevant to a totality of the circumstances analysis with respect to a claim of vote denial or abridgement pursuant to this subsection include the following: ``(i) The history of official voting-related discrimination in the State or political subdivision. ``(ii) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(iii) The extent to which the State or political subdivision has used photographic voter identification requirements, documentary proof of citizenship requirements, documentary proof of residence requirements, or other voting practices or procedures, beyond those required by Federal law, that may impair the ability of members of the minority group to participate fully in the political process. ``(iv) The extent to which minority group members bear the effects of discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process. ``(v) The use of overt or subtle racial appeals either in political campaigns or surrounding adoption or maintenance of the challenged practice. ``(vi) The extent to which members of the minority group have been elected to public office in the jurisdiction, provided that the fact that the minority group is too small to elect candidates of its choice shall not defeat a claim of vote denial or abridgment. ``(vii) Whether there is a lack of responsiveness on the part of elected officials to the particularized needs of minority group members. ``(viii) Whether the policy underlying the State or political subdivision's use of the challenged qualification, prerequisite, standard, practice, or procedure is tenuous. ``(ix) Subject to paragraph (4), such other factors as the court may determine to be relevant. ``(B) The factors described in subparagraph (A), individually and collectively, shall be considered as a means of establishing that a voting practice amplifies the effects of past or present discrimination in violation in subsection (a). ``(C) A plaintiff need not show any particular combination or number of factors to establish a violation of subsection (a). ``(4) The factors that are relevant to a totality of the circumstances analysis with respect to a claim of vote denial or abridgement do not include the following: ``(A) The total number or share of members of a protected class on whom a challenged qualification, prerequisite, standard, practice, or procedure does not impose a material burden. ``(B) The degree to which the challenged qualification, prerequisite, standard, practice, or procedure has a long pedigree or was in widespread use at some earlier date. ``(C) The use of an identical or similar qualification, prerequisite, standard, practice, or procedure in other States or jurisdictions. ``(D) The availability of other forms of voting unimpacted by the challenged qualification, prerequisite, standard, practice, or procedure to all members of the electorate, including members of the protected class, unless the jurisdiction is simultaneously expanding such other practices to eliminate any disproportionate burden imposed by the challenged qualification, prerequisite, standard, practice, or procedure. ``(E) A prophylactic impact on potential criminal activity by individual voters, if such crimes have not occurred in the jurisdiction in substantial numbers. ``(F) Mere invocation of interests in voter confidence or prevention of fraud. ``(d)(1) A violation of subsection (a) for the purpose of vote denial or abridgement is established if the challenged qualification, prerequisite, standard, practice, or procedure is intended, at least in part, to dilute minority voting strength or to deny or abridge the right of any citizen of the United States to vote on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2). ``(2) Discrimination on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2) need only be one purpose of a qualification, prerequisite, standard, practice, or procedure to demonstrate a violation of subsection (a). ``(3) A qualification, prerequisite, standard, practice, or procedure intended to dilute minority voting strength or to make it more difficult for minority voters to cast a ballot that will be counted violates this subsection even if an additional purpose of the qualification, prerequisite, standard, practice, or procedure is to benefit a particular political party or group. ``(4) The context for the adoption of the challenged qualification, prerequisite, standard, practice, or procedure, including actions by official decisionmakers before the challenged qualification, prerequisite, standard, practice, or procedure, may be relevant to a violation of this subsection. ``(5) Claims under this subsection require proof of a discriminatory impact but do not require proof of a violation pursuant to subsection (b) or (c).''. SEC. 3. RETROGRESSION. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(e) A violation of subsection (a) is established with respect to any challenged qualification, prerequisite, standard, practice, or procedure that has not been imposed or applied in an election as of the date of such challenge, if such qualification, prerequisite, standard, practice, or procedure has the purpose or will have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), within the meaning of section 5.''. SEC. 4. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN JURISDICTION. (a) Types of Violations.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. (b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. SEC. 5. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS. (a) Determination of States and Political Subdivisions Subject to Section 4(a).-- (1) In general.--Section 4(b) of the Voting Rights Act of 1965 (52 U.S.C. 10303(b)) is amended to read as follows: ``(b) Determination of States and Political Subdivisions Subject to Requirements.-- ``(1) Existence of voting rights violations during previous 25 years.-- ``(A) Statewide application.--Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if-- ``(i) fifteen or more voting rights violations occurred in the State during the previous 25 calendar years; ``(ii) ten or more voting rights violations occurred in the State during the previous 25 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State); or ``(iii) three or more voting rights violations occurred in the State during the previous 25 calendar years and the State itself administers the elections in the State or political subdivisions in which the voting rights violations occurred. ``(B) Application to specific political subdivisions.--Subsection (a) applies with respect to a political subdivision as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous 25 calendar years. ``(2) Period of application.-- ``(A) In general.--Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period-- ``(i) that begins on January 1 of the year in which subsection (a) applies; and ``(ii) that ends on the date which is 10 years after the date described in clause (i). ``(B) No further application after declaratory judgment.-- ``(i) States.--If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(ii) Political subdivisions.--If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(3) Determination of voting rights violation.--For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: ``(A) Judicial relief; violation of the 14th or 15th amendment.--Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal), in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a question with regard to race discrimination, in which any court of the United States determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group occurred, or that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race, color, or language minority group, in violation of the 14th or 15th Amendment, anywhere within the State or subdivision. ``(B) Judicial relief; violations of this act.--Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal) in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act. ``(C) Final judgment; denial of declaratory judgment.--In a final judgment (that was not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. ``(D) Objection by the attorney general.--The Attorney General has interposed an objection under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. A violation per this subsection has not occurred where an objection has been withdrawn by the Attorney General, unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection. A violation under this subsection has not occurred where the objection is based solely on a State or political subdivision's failure to comply with a procedural process that would not otherwise constitute an independent violation of this act. ``(E) Consent decree, settlement, or other agreement.--A consent decree, settlement, or other agreement was adopted or entered by a court of the United States or contained an admission of liability by the defendants, which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such State that was challenged on the ground that the practice denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group in violation of subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or the 14th or 15th Amendment. An extension or modification of an agreement as defined by this subsection that has been in place for ten years or longer shall count as an independent violation. If a court of the United States finds that an agreement itself as defined by this subsection denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, violated subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or created an undue burden on the right to vote in connection with a claim that the consent decree, settlement, or other agreement unduly burdened voters of a particular race, color, or language minority group, that finding shall count as an independent violation. ``(F) Multiple violations.--Each voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, including each redistricting plan, found to be a violation by a court of the United States pursuant to subsection (a) or (b), or prevented from enforcement pursuant to subsection (c) or (d), or altered or abandoned pursuant to subsection (e) shall count as an independent violation. Within a redistricting plan, each violation found to discriminate against any group of voters based on race, color, or language minority group shall count as an independent violation. ``(4) Timing of determinations.-- ``(A) Determinations of voting rights violations.-- As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection, including updating the list of voting rights violations occurring in each State and political subdivision for the previous calendar year. ``(B) Effective upon publication in federal register.--A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register.''. (2) Conforming amendments.--Section 4(a) of such Act (52 U.S.C. 10303(a)) is amended-- (A) in paragraph (1), in the first sentence of the matter preceding subparagraph (A), by striking ``any State with respect to which'' and all that follows through ``unless'' and inserting ``any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless''; (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (D) in paragraph (1)(B), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (E) in paragraph (3), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (F) in paragraph (5), by striking ``(in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection)''; (G) by striking paragraphs (7) and (8); and (H) by redesignating paragraph (9) as paragraph (7). (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended by striking ``race or color,'' and inserting ``race, color, or in contravention of the guarantees of subsection (f)(2),''. SEC. 6. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further amended by inserting after section 4 the following: ``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. ``(a) Practice-Based Preclearance.-- ``(1) In general.--Each State and each political subdivision shall-- ``(A) identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a standard, practice, or procedure with respect to voting, that is a covered practice described in subsection (b); and ``(B) ensure that no such covered practice is implemented unless or until the State or political subdivision, as the case may be, complies with subsection (c). ``(2) Determinations of characteristics of voting-age population.-- ``(A) In general.--As early as practicable during each calendar year, the Attorney General, in consultation with the Director of the Bureau of the Census and the heads of other relevant offices of the government, shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations, and shall publish a list of the States and political subdivisions to which a voting-age population characteristic described in subsection (b) applies. ``(B) Publication in the federal register.--A determination or certification of the Attorney General under this paragraph shall be effective upon publication in the Federal Register. ``(b) Covered Practices.--To assure that the right of citizens of the United States to vote is not denied or abridged on account of race, color, or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting newly adopted in a State or political subdivision, the following shall be covered practices subject to the requirements described in subsection (a): ``(1) Changes to method of election.--Any change to the method of election-- ``(A) to add seats elected at-large in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(2) Changes to jurisdiction boundaries.--Any change or series of changes within a year to the boundaries of a jurisdiction that reduces by 3 or more percentage points the proportion of the jurisdiction's voting-age population that is comprised of members of a single racial group or language minority group in a State or political subdivision where-- ``(A) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(B) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(3) Changes through redistricting.--Any change to the boundaries of election districts in a State or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents 15 percent or more of the State or political subdivision's voting-age population experiences a population increase of at least 20 percent of its voting-age population, over the preceding decade (as calculated by the Bureau of the Census under the most recent decennial census), in the jurisdiction. ``(4) Changes in documentation or qualifications to vote.-- Any change to requirements for documentation or proof of identity to vote or register to vote that will exceed or be more stringent than such requirements under State law on the day before the date of enactment of the John R. Lewis Voting Rights Advancement Act of 2021; and further, if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, if the State does not permit the individual to meet the requirement and cast a ballot in the election in the same manner as an individual who presents identification-- ``(A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity and attesting that the individual is eligible to vote in the election; and ``(B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). ``(5) Changes to multilingual voting materials.--Any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed, where no similar reduction or alteration occurs in materials provided in English for such election. ``(6) Changes that reduce, consolidate, or relocate voting locations, or reduce voting opportunities.--Any change that reduces, consolidates, or relocates voting locations, including early, absentee, and election-day voting locations, or reduces days or hours of in-person voting on any Sunday during a period occurring prior to the date of an election during which voters may cast ballots in such election, or prohibits the provision of food or non-alcoholic drink to persons waiting to vote in an election except where the provision would violate prohibitions on expenditures to influence voting-- ``(A) in one or more census tracts wherein two or more language minority groups or racial groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(B) on Indian lands wherein at least 20 percent of the voting-age population belongs to a single language minority group. ``(7) New list maintenance process.--Any change to the maintenance of voter registration lists that adds a new basis for removal from the list of active registered voters or that incorporates new sources of information in determining a voter's eligibility to vote, wherein such a change would have a statistically significant disparate impact on the removal from voter rolls of members of racial groups or language minority groups that constitute greater than 5 percent of the voting-age population-- ``(A) in the case of a political subdivision imposing such change if-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) in the case of a State imposing such change, if two or more racial groups or language minority groups each represent 20 percent or more of the voting- age population of-- ``(i) the State; or ``(ii) a political subdivision in the State, except that the requirements under subsections (a) and (c) shall apply only with respect to each such political subdivision. ``(c) Preclearance.-- ``(1) In general.--Whenever a State or political subdivision with respect to which the requirements set forth in subsection (a) are in effect shall enact, adopt, or seek to implement any covered practice described under subsection (b), such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, and unless and until the court enters such judgment such covered practice shall not be implemented. Notwithstanding the previous sentence, such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin implementation of such covered practice. In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General's attention during the remainder of the 60-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. ``(2) Denying or abridging the right to vote.--Any covered practice described in subsection (b) that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph (1) of this subsection. ``(3) Purpose defined.--The term `purpose' in paragraphs (1) and (2) of this subsection shall include any discriminatory purpose. ``(4) Purpose of paragraph (2).--The purpose of paragraph (2) of this subsection is to protect the ability of such citizens to elect their preferred candidates of choice. ``(d) Enforcement.--The Attorney General or any aggrieved citizen may file an action in a Federal district court to compel any State or political subdivision to satisfy the obligations set forth in this section. Such actions shall be heard and determined by a court of three judges under section 2284 of title 28, United States Code. In any such action, the court shall provide as a remedy that any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, that is the subject of the action under this subsection be enjoined unless the court determines that-- ``(1) the voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, is not a covered practice described in subsection (b); or ``(2) the State or political subdivision has complied with subsection (c) with respect to the covered practice at issue. ``(e) Counting of Racial Groups and Language Minority Groups.--For purposes of this section, the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance promulgated in the Federal Register on February 9, 2011 (76 Fed. Reg. 7470). ``(f) Special Rule.--For purposes of determinations under this section, any data provided by the Bureau of the Census, whether based on estimation from sample or actual enumeration, shall not be subject to challenge or review in any court. ``(g) Multilingual Voting Materials.--In this section, the term `multilingual voting materials' means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language or languages of one or more language minority groups.''. SEC. 7. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT. (a) Transparency.-- (1) In general.--The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by inserting after section 5 the following new section: ``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS. ``(a) Notice of Enacted Changes.-- ``(1) Notice of changes.--If a State or political subdivision makes any change in any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the qualification or prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election for Federal office, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of the State or political subdivision, of a concise description of the change, including the difference between the changed qualification or prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Deadline for notice.--A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. ``(b) Transparency Regarding Polling Place Resources.-- ``(1) In general.--In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Information described.--The information described in this paragraph with respect to a precinct or polling place is each of the following: ``(A) The name or number. ``(B) In the case of a polling place, the location, including the street address, and whether such polling place is accessible to persons with disabilities. ``(C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(E) The number of voting machines assigned, including the number of voting machines accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(F) The number of official paid poll workers assigned. ``(G) The number of official volunteer poll workers assigned. ``(H) In the case of a polling place, the dates and hours of operation. ``(3) Updates in information reported.--If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. The public notice described in this paragraph and published on the website of a State or political subdivision shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(c) Transparency of Changes Relating to Demographics and Electoral Districts.-- ``(1) Requiring public notice of changes.--Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). ``(2) Geographic areas described.--The geographic areas described in this paragraph are as follows: ``(A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. ``(B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. ``(C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. ``(3) Demographic and electoral data.--The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are each of the following: ``(A) The voting-age population, broken down by demographic group. ``(B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. ``(C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. ``(D)(i) If the change applies to a State, the actual number of votes, or (if it is not reasonably practicable for the State to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election held during the 5-year period which ends on the date the change involved is made; and ``(ii) if the change applies to only one political subdivision, the actual number of votes, or (if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. ``(4) Voluntary compliance by smaller jurisdictions.-- Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: ``(A) A county or parish. ``(B) A municipality with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. ``(C) A school district with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. For purposes of this subparagraph, the term `school district' means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965). ``(d) Rules Regarding Format of Information.--The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. ``(e) No Denial of Right To Vote.--The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision to a voting qualification, prerequisite, standard, practice, or procedure if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. ``(f) Definitions.--In this section-- ``(1) the term `demographic group' means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2); ``(2) the term `election for Federal office' means any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; and ``(3) the term `persons with disabilities', means individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990.''. (2) Conforming amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``in accordance with section 6''. (b) Effective Date.--The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 8. AUTHORITY TO ASSIGN OBSERVERS. (a) Clarification of Authority in Political Subdivisions Subject to Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to read as follows: ``(B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other Federal law protecting the right of citizens of the United States to vote; or''. (b) Assignment of Observers To Enforce Bilingual Election Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by inserting after paragraph (2) the following: ``(3) the Attorney General certifies with respect to a political subdivision that-- ``(A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or ``(B) in the Attorney General's judgment, the assignment of observers is necessary to enforce the guarantees of section 203;''; and (3) by moving the margin for the continuation text following paragraph (3), as added by paragraph (2) of this subsection, 2 ems to the left. (c) Transferral of Authority Over Observers to the Attorney General.-- (1) Enforcement proceedings.--Section 3(a) of the Voting Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking ``United States Civil Service Commission in accordance with section 6'' and inserting ``Attorney General in accordance with section 8''. (2) Observers; appointment and compensation.--Section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended-- (A) in subsection (a)(2), in the matter following subparagraph (B), by striking ``Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director'' and inserting ``Attorney General shall assign as many observers for such subdivision as the Attorney General''; and (B) in subsection (c), by striking ``Director of the Office of Personnel Management'' and inserting ``Attorney General''. (3) Termination of certain appointments of observers.-- Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is amended by striking ``notifies the Director of the Office of Personnel Management,'' and inserting ``determines,''. SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK RELIEF. (a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52 U.S.C. 10306(b)) is amended by striking ``the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions'' and inserting ``an aggrieved person or (in the name of the United States) the Attorney General may institute such actions''. (b) Cause of Action.--Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is amended-- (1) by striking ``Whenever any person has engaged'' and all that follows through ``in the name of the United States'' and inserting ``(1) Whenever there are reasonable grounds to believe that any person has implemented or will implement any voting qualification or prerequisite to voting or standard, practice, or procedure that would (A) deny any citizen the right to vote in violation of the 14th, 15th, 19th, 24th, or 26th Amendments, or (B) would violate this Act (except for section 4A) or any other Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, an aggrieved person or (in the name of the United States) the Attorney General may institute''; and (2) by striking ``, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes''. (c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965 (52 U.S.C. 10504) is amended by striking ``Whenever the Attorney General has reason to believe'' and all that follows through ``as he deems appropriate'' and inserting ``Whenever there are reasonable grounds to believe that a State or political subdivision has engaged or is about to engage in any act or practice prohibited by a provision of title II, an aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate''. (d) Enforcement of Twenty-Sixth Amendment.--Section 301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10701) is amended by striking ``The Attorney General is directed to institute'' and all that follows through ``Constitution of the United States'' and inserting ``An aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate to implement the twenty-sixth amendment to the Constitution of the United States''. SEC. 10. PREVENTIVE RELIEF. Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)), as amended by section 9, is further amended by adding at the end the following: ``(2)(A) In considering any motion for preliminary relief in any action for preventive relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a question as to whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates this Act or the Constitution and, on balance, the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not granted. ``(B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present: ``(i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of the 19th, 24th, or 26th Amendments; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of the 19th, 24th, or 26th Amendment; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take or takes effect. ``(iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. ``(3) A jurisdiction's inability to enforce its voting or election laws, regulations, policies, or redistricting plans, standing alone, shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the Constitution or any Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section 1253 of title 28, United States Code, is warranted.''. SEC. 11. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS. (a) In General.-- (1) Relief for violations of voting rights laws.--In this section, the term ``prohibited act or practice'' means-- (A) any act or practice-- (i) that creates an undue burden on the fundamental right to vote in violation of the 14th Amendment to the Constitution of the United States or violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States; or (ii) that is prohibited by the 15th, 19th, 24th, or 26th Amendment to the Constitution of the United States, section 2004 of the Revised Statutes (52 U.S.C. 10101), the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or section 2003 of the Revised Statutes (52 U.S.C. 10102); and (B) any act or practice in violation of any Federal law that prohibits discrimination with respect to voting, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (2) Rule of construction.--Nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any Federal law. (3) Attorney's fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a provision described in section 2(a) of the John R. Lewis Voting Rights Advancement Act of 2021,'' after ``title VI of the Civil Rights Act of 1964,''. (b) Grounds for Equitable Relief.--In any action for equitable relief pursuant to a law listed under subsection (a), proximity of the action to an election shall not be a valid reason to deny such relief, or stay the operation of or vacate the issuance of such relief, unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief. (1) In general.--In considering whether to grant, deny, stay, or vacate any order of equitable relief, the court shall give substantial weight to the public's interest in expanding access to the right to vote. A State's generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted. (2) Presumptive safe harbor.--Where equitable relief is sought either within 30 days of the adoption or reasonable public notice of the challenged policy or practice, or more than 45 days before the date of an election to which the relief being sought will apply, proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief. (c) Grounds for Stay or Vacatur in Federal Claims Involving Voting Rights.-- (1) Prospective effect.--In reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection (a), a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review. In fashioning a stay or vacatur, a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order. (2) Written explanation.--No stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest, including the public's interest in expanding access to the ballot, will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest. In reviewing an application for a stay or vacatur of equitable relief, findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous. SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL. Section 12 of the Voting Rights Act (52 U.S.C. 10308), as amended by this Act, is further amended by adding at the end the following: ``(g) Voting Rights Enforcement by Attorney General.-- ``(1) In general.--In order to fulfill the Attorney General's responsibility to enforce the Voting Rights Act and other Federal civil rights statutes that protect the right to vote, the Attorney General (or upon designation by the Attorney General, the Assistant Attorney General for Civil Rights) is authorized, before commencing a civil action, to issue a demand for inspection and information in writing to any State or political subdivision, or other governmental representative or agent, with respect to any relevant documentary material that he has reason to believe is within their possession, custody, or control. A demand by the Attorney General under this section may require-- ``(A) the production of such documentary material for inspection and copying; ``(B) answers in writing to written questions with respect to such documentary material; or ``(C) both. ``(2) Contents of an attorney general demand.-- ``(A) In general.--Any demand issued under paragraph (1), shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, or other voting related matter or issue, whose lawfulness the Attorney General is investigating and to identify the civil provisions of the Federal civil rights statute that protects the right to vote under which the investigation is being conducted. The demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such civil rights investigation. Documentary material includes any material upon which relevant information is recorded, and includes written or printed materials, photographs, tapes, or materials upon which information is electronically or magnetically recorded. Such demands are aimed at the Attorney General having the ability to inspect and obtain copies of relevant materials (as well as obtain information) related to voting and are not aimed at the Attorney General taking possession of original records, particularly those that are required to be retained by State and local election officials under Federal or State law. ``(B) No requirement for production.--Any demand issued under paragraph (1) may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the Federal Rules of Civil Procedure in an action in which the Attorney General or the United States is a party. ``(C) Documentary material.--If the demand issued under paragraph (1) requires the production of documentary material, it shall-- ``(i) identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; and ``(ii) prescribe a return date for production of the documentary material at least twenty days after issuance of the demand to give the State or political subdivision, or other governmental representative or agent, a reasonable period of time for assembling the documentary material and making it available for inspection and copying. ``(D) Answers to written questions.--If the demand issued under paragraph (1) requires answers in writing to written questions, it shall-- ``(i) set forth with specificity the written question to be answered; and ``(ii) prescribe a date at least twenty days after the issuance of the demand for submitting answers in writing to the written questions. ``(E) Service.--A demand issued under paragraph (1) may be served by a United States marshal or a deputy marshal, or by certified mail, at any place within the territorial jurisdiction of any court of the United States. ``(3) Responses to an attorney general demand.--A State or political subdivision, or other governmental representative or agent, must, with respect to any documentary material or any answer in writing produced under this subsection, provide a sworn certificate, in such form as the demand issued under paragraph (1) designates, by a person having knowledge of the facts and circumstances relating to such production or written answer, authorized to act on behalf of the State or political subdivision, or other governmental representative or agent, upon which the demand was served. The certificate-- ``(A) shall state that-- ``(i) all of the documentary material required by the demand and in the possession, custody, or control of the State or political subdivision, or other governmental representative or agent, has been produced; ``(ii) that with respect to every answer in writing to a written question, all information required by the question and in the possession, custody, control, or knowledge of the State or political subdivision, or other governmental representative or agent, has been submitted; or ``(iii) both; or ``(B) provide the basis for any objection to producing the documentary material or answering the written question. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. ``(4) Judicial proceedings.-- ``(A) Petition for enforcement.--Whenever any State or political subdivision, or other governmental representative or agent, fails to comply with demand issued by the Attorney General under paragraph (1), the Attorney General may file, in a district court of the United States in which the State or political subdivision, or other governmental representative or agent, is located, a petition for a judicial order enforcing the Attorney General demand issued under paragraph (1). ``(B) Petition to modify.-- ``(i) In general.--Any State or political subdivision, or other governmental representative or agent, that is served with a demand issued by the Attorney General under paragraph (1) may file in the United States District Court for the District of Columbia a petition for an order of the court to modify or set aside the demand of the Attorney General. ``(ii) Petition to modify.--Any petition to modify or set aside a demand of the Attorney General issued under paragraph (1) must be filed within 20 days after the date of service of the Attorney General's demand or at any time before the return date specified in the Attorney General's demand, whichever date is earlier. ``(iii) Contents of petition.--The petition shall specify each ground upon which the petitioner relies in seeking relief under clause (i), and may be based upon any failure of the Attorney General's demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the State or political subdivision, or other governmental representative or agent. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the Attorney General's demand, in whole or in part, except that the State or political subdivision, or other governmental representative or agent, filing the petition shall comply with any portions of the Attorney General's demand not sought to be modified or set aside.''. SEC. 13. DEFINITIONS. Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``SEC. 21. DEFINITIONS. ``In this Act: ``(1) Indian.--The term `Indian' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) Indian lands.--The term `Indian lands' means-- ``(A) any Indian country of an Indian tribe, as such term is defined in section 1151 of title 18, United States Code; ``(B) any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act, by an Indian tribe that is a Native village (as such term is defined in section 3 of such Act), or by a Village Corporation that is associated with the Indian tribe (as such term is defined in section 3 of such Act); ``(C) any land on which the seat of government of the Indian tribe is located; and ``(D) any land that is part or all of a tribal designated statistical area associated with the Indian tribe, or is part or all of an Alaska Native village statistical area associated with the tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. ``(3) Indian tribe.--The term `Indian tribe' or `tribe' has the meaning given the term `Indian tribe' in section 4 of the Indian Self-Determination and Education Assistance Act. ``(4) Tribal government.--The term `Tribal Government' means the recognized governing body of an Indian Tribe. ``(5) Voting-age population.--The term `voting-age population' means the numerical size of the population within a State, within a political subdivision, or within a political subdivision that contains Indian lands, as the case may be, that consists of persons age 18 or older, as calculated by the Bureau of the Census under the most recent decennial census.''. SEC. 14. ATTORNEYS' FEES. Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c)) is amended by adding at the end the following: ``(4) The term `prevailing party' means a party to an action that receives at least some of the benefit sought by such action, states a colorable claim, and can establish that the action was a significant cause of a change to the status quo.''. SEC. 15. OTHER TECHNICAL AND CONFORMING AMENDMENTS. (a) Actions Covered Under Section 3.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended-- (1) by striking ``any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce'' and inserting ``any action under any statute in which a party (including the Attorney General) seeks to enforce''; and (2) by striking ``at the time the proceeding was commenced'' and inserting ``at the time the action was commenced''. (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices Are Subject to Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304) is amended-- (1) in subsection (a), by striking ``based upon determinations made under the first sentence of section 4(b) are in effect'' and inserting ``are in effect during a calendar year''; (2) in subsection (a), by striking ``November 1, 1964'' and all that follows through ``November 1, 1972'' and inserting ``the applicable date of coverage''; and (3) by adding at the end the following new subsection: ``(e) The term `applicable date of coverage' means, with respect to a State or political subdivision-- ``(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2021; or ``(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2021.''. SEC. 16. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional or is otherwise enjoined or unenforceable, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, and any remaining provision of the Voting Rights Act of 1965, shall not be affected by the holding. SEC. 17. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING RIGHTS ACT OF 1965. (a) In General.--The Attorney General shall make grants each fiscal year to small jurisdictions who submit applications under subsection (b) for purposes of assisting such small jurisdictions with compliance with the requirements of the Voting Rights Act of 1965 to submit or publish notice of any change to a qualification, prerequisite, standard, practice or procedure affecting voting. (b) Application.--To be eligible for a grant under this section, a small jurisdiction shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require regarding the compliance of such small jurisdiction with the provisions of the Voting Rights Act of 1965. (c) Small Jurisdiction Defined.--For purposes of this section, the term ``small jurisdiction'' means any political subdivision of a State with a population of 10,000 or less. all
H.R. 4 (Received in Senate) - John R. Lewis Voting Rights Advancement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr4rds/html/BILLS-117hr4rds.htm	DOC 117th CONGRESS 1st Session H. R. 4 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES September 14, 2021 Received _______________________________________________________________________ AN ACT To amend the Voting Rights Act of 1965 to revise the criteria for determining which States and political subdivisions are subject to section 4 of the Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``John R. Lewis Voting Rights Advancement Act of 2021''. SEC. 2. VOTE DILUTION, DENIAL, AND ABRIDGMENT CLAIMS. (a) In General.--Section 2(a) of the Voting Rights Act of 1965 (52 U.S.C. 10301(a)) is amended-- (1) by inserting after ``applied by any State or political subdivision'' the following: ``for the purpose of, or''; and (2) by striking ``as provided in subsection (b)'' and inserting ``as provided in subsection (b), (c), (d), or (f)''. (b) Vote Dilution.--Section 2(b) of such Act (52 U.S.C. 10301(b)) is amended-- (1) by inserting after ``A violation of subsection (a)'' the following: ``for vote dilution''; (2) by inserting after the period at the end the following: ``For the purposes of this subsection:''; (3) by adding at the end the following new paragraphs: ``(1) To prevail in demonstrating that a representational, districting, or apportionment scheme results in vote dilution, a plaintiff shall, as a threshold matter, establish that-- ``(A) the members of the protected class are sufficiently numerous and geographically compact to constitute a majority in a single-member district; ``(B) the members of the protected class are politically cohesive; and ``(C) the residents of that district who are not the members of the protected class usually vote sufficiently as a bloc to enable them to defeat the preferred candidates of the members of the protected class. ``(2) Upon a plaintiff establishing the required threshold showing under paragraph (1), a court shall conduct a totality of the circumstances analysis with respect to a claim of vote dilution to determine whether there was a violation of subsection (a), which shall include the following factors: ``(A) The extent of any history of official voting discrimination in the State or political subdivision that affected the right of members of the protected class to register, to vote, or otherwise to participate in the political process. ``(B) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(C) The extent to which the State or political subdivision has used voting practices or procedures that tend to enhance the opportunity for discrimination against the members of the protected class, such as unusually large election districts, majority vote requirements, anti-single shot provisions, or other qualifications, prerequisites, standards, practices, or procedures that may enhance the opportunity for discrimination against the members of the protected class. ``(D) If there is a candidate slating process, whether the members of the protected class have been denied access to that process. ``(E) The extent to which members of the protected class in the State or political subdivision bear the effects of discrimination, both public or private, in such areas as education, employment, health, housing, and transportation, which hinder their ability to participate effectively in the political process. ``(F) Whether political campaigns have been characterized by overt or subtle racial appeals. ``(G) The extent to which members of the protected class have been elected to public office in the jurisdiction. ``(3) In conducting a totality of the circumstances analysis under paragraph (2), a court may consider such other factors as the court may determine to be relevant, including-- ``(A) whether there is a significant lack of responsiveness on the part of elected officials to the particularized needs of the members of the protected class, including a lack of concern for or responsiveness to the requests and proposals of the members of the protected class, except that compliance with a court order may not be considered evidence of responsiveness on the part of the jurisdiction; and ``(B) whether the policy underlying the State or political subdivision's use of such voting qualification, prerequisite to voting, or standard, practice or procedure is tenuous. In making this determination, a court shall consider whether the qualification, prerequisite, standard, practice, or procedure in question was designed to advance and materially advances a valid and substantiated State interest. ``(4) A class of citizens protected by subsection (a) may include a cohesive coalition of members of different racial or language minority groups.''; and (4) Vote denial or abridgement.--Section 2 of such Act (52 U.S.C. 10301), as amended by subsections (a) and (b), is further amended by adding at the end the following: ``(c)(1) A violation of subsection (a) resulting in vote denial or abridgment is established if the challenged qualification, prerequisite, standard, practice, or procedure-- ``(A) results or will result in members of a protected class facing greater costs or burdens in participating in the political process than other voters; and ``(B) the greater costs or burdens are, at least in part, caused by or linked to social and historical conditions that have produced or produce on the date of such challenge discrimination against members of the protected class. In determining the existence of a burden for purposes of subparagraph (A), the absolute number or the percent of voters affected or the presence of voters who are not members of a protected class in the affected area shall not be dispositive, and the affected area may be smaller than the jurisdiction to which the qualification, prerequisite, standard, practice, or procedure applies. ``(2) The challenged qualification, prerequisite, standard, practice, or procedure need only be a but-for cause of the discriminatory result described in paragraph (1) or perpetuate a pre- existing burdens or costs. ``(3)(A) The factors that are relevant to a totality of the circumstances analysis with respect to a claim of vote denial or abridgement pursuant to this subsection include the following: ``(i) The extent of any history of official voting-related discrimination in the State or political subdivision that affected the right of members of the protected class to register, to vote, or otherwise to participate in the political process. ``(ii) The extent to which voting in the elections of the State or political subdivision is racially polarized. ``(iii) The extent to which the State or political subdivision has used photographic voter identification requirements, documentary proof of citizenship requirements, documentary proof of residence requirements, or other voting practices or procedures, beyond those required by Federal law, that impair the ability of members of the minority group to participate fully in the political process. ``(iv) The extent to which minority group members bear the effects of discrimination, both public or private, in areas such as education, employment, health, housing, and transportation, which hinder their ability to participate effectively in the political process. ``(v) The use of overt or subtle racial appeals either in political campaigns or surrounding adoption or maintenance of the challenged practice. ``(vi) The extent to which members of the minority group have been elected to public office in the jurisdiction, provided that the fact that the minority group is too small to elect candidates of its choice shall not defeat a claim of vote denial or abridgment. ``(vii) Whether there is a lack of responsiveness on the part of elected officials to the particularized needs of minority group members, including a lack of concern for or responsiveness to the requests and proposals of the group, except that compliance with a court order may not be considered evidence of responsiveness on the part of the jurisdiction. ``(viii) Whether the policy underlying the State or political subdivision's use of the challenged qualification, prerequisite, standard, practice, or procedure is tenuous. In making a determination under this clause, a court shall consider whether the qualification, prerequisite, standard, practice, or procedure in question was designed to advance and materially advances a valid and substantiated State interest. ``(ix) Subject to paragraph (4), such other factors as the court may determine to be relevant. ``(B) The factors described in subparagraph (A), individually and collectively, shall be considered as a means of establishing that a voting practice amplifies the effects of past or present discrimination in violation in subsection (a). ``(C) A plaintiff need not show any particular combination or number of factors to establish a violation of subsection (a). ``(4) The factors that are relevant to a totality of the circumstances analysis with respect to a claim of vote denial or abridgement do not include the following: ``(A) The degree to which the challenged qualification, prerequisite, standard, practice, or procedure has a long pedigree or was in widespread use at some earlier date. ``(B) The use of an identical or similar qualification, prerequisite, standard, practice, or procedure in other States or jurisdictions. ``(C) The availability of other forms of voting unimpacted by the challenged qualification, prerequisite, standard, practice, or procedure to all members of the electorate, including members of the protected class, unless the jurisdiction is simultaneously expanding such other practices to eliminate any disproportionate burden imposed by the challenged qualification, prerequisite, standard, practice, or procedure. ``(D) Unsubstantiated defenses that the qualification, prerequisite, standard, practice, or procedure is necessary to address criminal activity. ``(d)(1) A violation of subsection (a) for the purpose of vote denial or abridgement is established if the challenged qualification, prerequisite, standard, practice, or procedure is intended, at least in part, to dilute minority voting strength or to deny or abridge the right of any citizen of the United States to vote on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2). ``(2) Discrimination on account of race, color, or in contravention of the guarantees set forth in section 4(f)(2) need only be one purpose of a qualification, prerequisite, standard, practice, or procedure to demonstrate a violation of subsection (a). ``(3) A qualification, prerequisite, standard, practice, or procedure intended to dilute minority voting strength or to make it more difficult for minority voters to cast a ballot that will be counted violates this subsection even if an additional purpose of the qualification, prerequisite, standard, practice, or procedure is to benefit a particular political party or group. ``(4) The context for the adoption of the challenged qualification, prerequisite, standard, practice, or procedure, including actions by official decisionmakers before the challenged qualification, prerequisite, standard, practice, or procedure, may be relevant to a violation of this subsection. ``(5) Claims under this subsection require proof of a discriminatory impact but do not require proof of a violation pursuant to subsection (b) or (c). ``(e) For purposes of this section, the term `affected area' means any geographic area, in which members of a protected class are affected by a qualification, prerequisite, standard, practice, or procedure allegedly in violation of this section, within a State (including any Indian lands).''. SEC. 3. RETROGRESSION. Section 2 of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), as amended by section 2 of this Act, is further amended by adding at the end the following: ``(f) A violation of subsection (a) is established when a State or political subdivision enacts or seeks to administer any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), to participate in the electoral process or elect their preferred candidates of choice. This subsection applies to any action taken on or after January 1, 2021, by a State or political subdivision to enact or seek to administer any such qualification or prerequisite to voting or standard, practice or procedure. ``(g) Notwithstanding the provisions of subsection (f), final decisions of the United States District Court of the District of Columbia on applications or petitions by States or political subdivisions for preclearance under section 5 of any changes in voting prerequisites, standards, practices, or procedures, supersede the provisions of subsection (f).''. SEC. 4. VIOLATIONS TRIGGERING AUTHORITY OF COURT TO RETAIN JURISDICTION. (a) Types of Violations.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. (b) Conforming Amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``violations of the fourteenth or fifteenth amendment'' and inserting ``violations of the 14th or 15th Amendment, violations of this Act, or violations of any Federal law that prohibits discrimination in voting on the basis of race, color, or membership in a language minority group,''. SEC. 5. CRITERIA FOR COVERAGE OF STATES AND POLITICAL SUBDIVISIONS. (a) Determination of States and Political Subdivisions Subject to Section 4(a).-- (1) In general.--Section 4(b) of the Voting Rights Act of 1965 (52 U.S.C. 10303(b)) is amended to read as follows: ``(b) Determination of States and Political Subdivisions Subject to Requirements.-- ``(1) Existence of voting rights violations during previous 25 years.-- ``(A) Statewide application.--Subsection (a) applies with respect to a State and all political subdivisions within the State during a calendar year if-- ``(i) fifteen or more voting rights violations occurred in the State during the previous 25 calendar years; ``(ii) ten or more voting rights violations occurred in the State during the previous 25 calendar years, at least one of which was committed by the State itself (as opposed to a political subdivision within the State); or ``(iii) three or more voting rights violations occurred in the State during the previous 25 calendar years and the State itself administers the elections in the State or political subdivisions in which the voting rights violations occurred. ``(B) Application to specific political subdivisions.--Subsection (a) applies with respect to a political subdivision as a separate unit during a calendar year if three or more voting rights violations occurred in the subdivision during the previous 25 calendar years. ``(2) Period of application.-- ``(A) In general.--Except as provided in subparagraph (B), if, pursuant to paragraph (1), subsection (a) applies with respect to a State or political subdivision during a calendar year, subsection (a) shall apply with respect to such State or political subdivision for the period-- ``(i) that begins on January 1 of the year in which subsection (a) applies; and ``(ii) that ends on the date which is 10 years after the date described in clause (i). ``(B) No further application after declaratory judgment.-- ``(i) States.--If a State obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such State pursuant to paragraph (1)(A) unless, after the issuance of the declaratory judgment, paragraph (1)(A) applies to the State solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(ii) Political subdivisions.--If a political subdivision obtains a declaratory judgment under subsection (a), and the judgment remains in effect, subsection (a) shall no longer apply to such political subdivision pursuant to paragraph (1), including pursuant to paragraph (1)(A) (relating to the statewide application of subsection (a)), unless, after the issuance of the declaratory judgment, paragraph (1)(B) applies to the political subdivision solely on the basis of voting rights violations occurring after the issuance of the declaratory judgment. ``(3) Determination of voting rights violation.--For purposes of paragraph (1), a voting rights violation occurred in a State or political subdivision if any of the following applies: ``(A) Judicial relief; violation of the 14th or 15th amendment.--Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal), in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States determined that a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group occurred, or that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting created an undue burden on the right to vote in connection with a claim that the law unduly burdened voters of a particular race, color, or language minority group, in violation of the 14th or 15th Amendment, anywhere within the State or subdivision. ``(B) Judicial relief; violations of this act.--Any final judgment, or any preliminary, temporary, or declaratory relief (that was not reversed on appeal) in which the plaintiff prevailed or a court of the United States found that the plaintiff demonstrated a likelihood of success on the merits or raised a serious question with regard to race discrimination, in which any court of the United States determined that a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting was imposed or applied or would have been imposed or applied anywhere within the State or subdivision in a manner that resulted or would have resulted in a denial or abridgement of the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, in violation of subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act. ``(C) Final judgment; denial of declaratory judgment.--In a final judgment (that was not been reversed on appeal), any court of the United States has denied the request of the State or subdivision for a declaratory judgment under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. ``(D) Objection by the attorney general.--The Attorney General has interposed an objection under section 3(c) or section 5, and thereby prevented a voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting from being enforced anywhere within the State or subdivision. A violation per this subsection has not occurred where an objection has been withdrawn by the Attorney General, unless the withdrawal was in response to a change in the law or practice that served as the basis of the objection. A violation under this subsection has not occurred where the objection is based solely on a State or political subdivision's failure to comply with a procedural process that would not otherwise constitute an independent violation of this act. ``(E) Consent decree, settlement, or other agreement.--A consent decree, settlement, or other agreement was adopted or entered by a court of the United States or contained an admission of liability by the defendants, which resulted in the alteration or abandonment of a voting practice anywhere in the territory of such State or subdivision that was challenged on the ground that the practice denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group in violation of subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or the 14th or 15th Amendment. An extension or modification of an agreement as defined by this subsection that has been in place for ten years or longer shall count as an independent violation. If a court of the United States finds that an agreement itself as defined by this subsection denied or abridged the right of any citizen of the United States to vote on account of race, color, or membership in a language minority group, violated subsection 4(e) or 4(f) or section 2, 201, or 203 of this Act, or created an undue burden on the right to vote in connection with a claim that the consent decree, settlement, or other agreement unduly burdened voters of a particular race, color, or language minority group, that finding shall count as an independent violation. ``(F) Multiple violations.--Each voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, including each redistricting plan, found to be a violation by a court of the United States pursuant to subsection (a) or (b), or prevented from enforcement pursuant to subsection (c) or (d), or altered or abandoned pursuant to subsection (e) shall count as an independent violation. Within a redistricting plan, each violation found to discriminate against any group of voters based on race, color, or language minority group shall count as an independent violation. ``(4) Timing of determinations.-- ``(A) Determinations of voting rights violations.-- As early as practicable during each calendar year, the Attorney General shall make the determinations required by this subsection, including updating the list of voting rights violations occurring in each State and political subdivision for the previous calendar year. ``(B) Effective upon publication in federal register.--A determination or certification of the Attorney General under this section or under section 8 or 13 shall be effective upon publication in the Federal Register.''. (2) Conforming amendments.--Section 4(a) of such Act (52 U.S.C. 10303(a)) is amended-- (A) in paragraph (1), in the first sentence of the matter preceding subparagraph (A), by striking ``any State with respect to which'' and all that follows through ``unless'' and inserting ``any State to which this subsection applies during a calendar year pursuant to determinations made under subsection (b), or in any political subdivision of such State (as such subdivision existed on the date such determinations were made with respect to such State), though such determinations were not made with respect to such subdivision as a separate unit, or in any political subdivision with respect to which this subsection applies during a calendar year pursuant to determinations made with respect to such subdivision as a separate unit under subsection (b), unless''; (B) in paragraph (1) in the matter preceding subparagraph (A), by striking the second sentence; (C) in paragraph (1)(A), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (D) in paragraph (1)(B), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (E) in paragraph (3), by striking ``(in the case of a State or subdivision seeking a declaratory judgment under the second sentence of this subsection)''; (F) in paragraph (5), by striking ``(in the case of a State or subdivision which sought a declaratory judgment under the second sentence of this subsection)''; (G) by striking paragraphs (7) and (8); and (H) by redesignating paragraph (9) as paragraph (7). (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(a)(1) of such Act (52 U.S.C. 10303(a)(1)) is amended by striking ``race or color,'' and inserting ``race, color, or in contravention of the guarantees of subsection (f)(2),''. (c) Administrative Bailout.-- (1) In general.--Section 4 of the Voting Rights Act of 1965 (52 U.S.C. 10303) is amended by adding at the end the following: ``(g) Administrative Bailout.-- ``(1) Determination of eligibility.-- ``(A) In general.--After making a determination under subsection (b)(1)(A) that the provisions of subsection (a) apply with respect to a State and all political subdivisions within the State, the Attorney General shall determine if any political subdivision of the State is eligible for an exemption under this subsection, and shall publish, in the Federal Register, a list of all such political subdivisions. Any political subdivision included on such list is not subject to any requirement under section 5 until the date on which any application under this section has been finally disposed of or no such application may be made. ``(B) Rule of construction.--Nothing in this subsection may be construed to provide-- ``(i) that the determinations made pursuant to the creation of the list shall have any binding or preclusive effect; or ``(ii) that inclusion on the list-- ``(I) constitutes a final determination by the Attorney General that the listee is eligible for an exemption pursuant to this subsection or that, in the case of the listee, the provisions of subparagraphs (A) through (F) of subsection (a)(1) are satisfied; or ``(II) entitles the listee to any exemption pursuant to this subsection. ``(2) Eligibility.--A political subdivision that submits an application under paragraph (3) shall be eligible for an exemption under this subsection only if, during the ten years preceding the filing of the application, and during the pendency of such application-- ``(A) no test or device referred to in subsection (a)(1) has been used within such political subdivision for the purpose or with the effect of denying or abridging the right to vote on account of race or color or in contravention of the guarantees of subsection (f)(2); ``(B) no final judgment of any court of the United States, other than the denial of declaratory judgment under this section, has determined that denials or abridgements of the right to vote on account of race or color have occurred anywhere in the territory of such political subdivision or that denials or abridgements of the right to vote in contravention of the guarantees of subsection (f)(2) have occurred anywhere in the territory of such subdivision and no consent decree, settlement, or agreement has been entered into resulting in any abandonment of a voting practice challenged on such grounds; and no declaratory judgment under this section shall be entered during the pendency of an action commenced before the filing of an action under this section and alleging such denials or abridgements of the right to vote; ``(C) no Federal examiners or observers under this Act have been assigned to such political subdivision; ``(D) such political subdivision and all governmental units within its territory have complied with section 5 of this Act, including compliance with the requirement that no change covered by section 5 has been enforced without preclearance under section 5, and have repealed all changes covered by section 5 to which the Attorney General has successfully objected or as to which the United States District Court for the District of Columbia has denied a declaratory judgment; ``(E) the Attorney General has not interposed any objection (that has not been overturned by a final judgment of a court) and no declaratory judgment has been denied under section 5, with respect to any submission by or on behalf of the plaintiff or any governmental unit within its territory under section 5, and no such submissions or declaratory judgment actions are pending; and ``(F) such political subdivision and all governmental units within its territory-- ``(i) have eliminated voting procedures and methods of election which inhibit or dilute equal access to the electoral process; ``(ii) have engaged in constructive efforts to eliminate intimidation and harassment of persons exercising rights protected under this Act; and ``(iii) have engaged in other constructive efforts, such as expanded opportunity for convenient registration and voting for every person of voting age and the appointment of minority persons as election officials throughout the jurisdiction and at all stages of the election and registration process. ``(3) Application period.--Not later than 90 days after the publication of the list under paragraph (1), a political subdivision included on such list may submit an application, containing such information as the Attorney General may require, for an exemption under this subsection. The Attorney General shall provide notice in the Federal Register of such application. ``(4) Comment period.--During the 90-day period beginning on the date that notice is published under paragraph (3), the Attorney General shall give interested persons an opportunity to submit objections to the issuance of an exemption under this subsection to a political subdivision on the basis that the political subdivision is not eligible under paragraph (2) to the Attorney General. During the 1 year period beginning on the effective date of this subsection, such 90-day period shall be extended by an additional 30 days. The Attorney General shall notify the political subdivision of each objection submitted and afford the political subdivision an opportunity to respond. ``(5) Determination as to objections.--In the case of a political subdivision with respect to which an objection has been submitted under paragraph (4), the following shall apply: ``(A) Consideration of objections.--The Attorney General shall consider and respond to each such objection (and any response of the political subdivision thereto) during the 60 day period beginning on the day after the comment period under paragraph (4) concludes. ``(B) Justified objections.--If the Attorney General determines that any such objection is justified, the Attorney General shall publish notice in the Federal Register denying the application for an exemption under this subsection. ``(C) Unjustified objections.--If the Attorney General determines that no objection submitted is justified, each person that submitted such an objection may, not later than 90 days after the end of the period established under subparagraph (A), file, in the District Court of the District of Columbia, an action for judicial review of such determination in accordance with chapter 7 of title 5, United States Code. ``(6) Exemption.--The Attorney General may issue an exemption, by publication in the Federal Register, from the application of the provisions of subsection (a) with respect to a political subdivision that-- ``(A) is eligible under paragraph (2); and ``(B) with respect to which no objection under was submitted under paragraph (4) or determined to be justified under paragraph (5). ``(7) Judicial review.--Except as otherwise explicitly provided in this subsection, no determination under this subsection shall be subject to review by any court, and all determinations under this subsection are committed to the discretion of the Attorney General. ``(8) Savings clause.--If a political subdivision was not subject to the application of the provisions of subsection (a) by reason of a declaratory judgment entered prior to the effective date of this subsection, and such political subdivision has not violated any eligibility requirement set forth in paragraph (2) at any time thereafter, then that political subdivision shall not be subject to the requirements of subsection (a).''. (2) Conforming amendment.-- (A) In general.--Section 4(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10303(a)(1)), as amended by this Act, is further amended by inserting after ``the United States District Court for the District of Columbia issues a declaratory judgment under this section'' the following: ``, or, in the case of a political subdivision, the Attorney General issues an exemption under subsection (g)''. (B) Expiration of time limit.--On the date that is 1 year after the effective date of this subsection, section 4(g)(3) of the Voting Rights Act of 1965 (52 U.S.C. 10303(g)(3)) is amended by striking ``During the 1 year period beginning on the effective date of this subsection, such 90-day period shall be extended by an additional 30 days.''. For purposes of any periods under such section commenced as of such date, the 90- day period shall remain extended by an additional 30 days. SEC. 6. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is further amended by inserting after section 4 the following: ``SEC. 4A. DETERMINATION OF STATES AND POLITICAL SUBDIVISIONS SUBJECT TO PRECLEARANCE FOR COVERED PRACTICES. ``(a) Practice-Based Preclearance.-- ``(1) In general.--Each State and each political subdivision shall-- ``(A) identify any newly enacted or adopted law, regulation, or policy that includes a voting qualification or prerequisite to voting, or a standard, practice, or procedure with respect to voting, that is a covered practice described in subsection (b); and ``(B) ensure that no such covered practice is implemented unless or until the State or political subdivision, as the case may be, complies with subsection (c). ``(2) Determinations of characteristics of voting-age population.-- ``(A) In general.--As early as practicable during each calendar year, the Attorney General, in consultation with the Director of the Bureau of the Census and the heads of other relevant offices of the government, shall make the determinations required by this section regarding voting-age populations and the characteristics of such populations, and shall publish a list of the States and political subdivisions to which a voting-age population characteristic described in subsection (b) applies. ``(B) Publication in the federal register.--A determination or certification of the Attorney General under this paragraph shall be effective upon publication in the Federal Register. ``(b) Covered Practices.--To assure that the right of citizens of the United States to vote is not denied or abridged on account of race, color, or membership in a language minority group as a result of the implementation of certain qualifications or prerequisites to voting, or standards, practices, or procedures with respect to voting newly adopted in a State or political subdivision, the following shall be covered practices subject to the requirements described in subsection (a): ``(1) Changes to method of election.--Any change to the method of election-- ``(A) to add seats elected at-large in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) to convert one or more seats elected from a single-member district to one or more at-large seats or seats from a multi-member district in a State or political subdivision where-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(2) Changes to jurisdiction boundaries.--Any change or series of changes within a year to the boundaries of a jurisdiction that reduces by 3 or more percentage points the proportion of the jurisdiction's voting-age population that is comprised of members of a single racial group or language minority group in a State or political subdivision where-- ``(A) two or more racial groups or language minority groups each represent 20 percent or more of the political subdivision's voting-age population; or ``(B) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision. ``(3) Changes through redistricting.--Any change to the boundaries of election districts in a State or political subdivision where any racial group or language minority group that is not the largest racial group or language minority group in the jurisdiction and that represents 15 percent or more of the State or political subdivision's voting-age population experiences a population increase of at least 20 percent of its voting-age population, over the preceding decade (as calculated by the Bureau of the Census under the most recent decennial census), in the jurisdiction. ``(4) Changes in documentation or qualifications to vote.-- Any change to requirements for documentation or proof of identity to vote or register to vote that will exceed or be more stringent than such requirements under State law on the day before the date of enactment of the John R. Lewis Voting Rights Advancement Act of 2021; and further, if a State has in effect a requirement that an individual present identification as a condition of receiving and casting a ballot in an election for Federal office, if the State does not permit the individual to meet the requirement and cast a ballot in the election in the same manner as an individual who presents identification-- ``(A) in the case of an individual who desires to vote in person, by presenting the appropriate State or local election official with a sworn written statement, signed by the individual under penalty of perjury, attesting to the individual's identity and attesting that the individual is eligible to vote in the election; and ``(B) in the case of an individual who desires to vote by mail, by submitting with the ballot the statement described in subparagraph (A). ``(5) Changes to multilingual voting materials.--Any change that reduces multilingual voting materials or alters the manner in which such materials are provided or distributed, where no similar reduction or alteration occurs in materials provided in English for such election. ``(6) Changes that reduce, consolidate, or relocate voting locations, or reduce voting opportunities.--Any change that reduces, consolidates, or relocates voting locations, including early, absentee, and election-day voting locations, or reduces days or hours of in-person voting on any Sunday during a period occurring prior to the date of an election during which voters may cast ballots in such election, or prohibits the provision of food or non-alcoholic drink to persons waiting to vote in an election except where the provision would violate prohibitions on expenditures to influence voting-- ``(A) in one or more census tracts wherein two or more language minority groups or racial groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(B) on Indian lands wherein at least 20 percent of the voting-age population belongs to a single language minority group. ``(7) New list maintenance process.--Any change to the maintenance of voter registration lists that adds a new basis for removal from the list of active registered voters or that incorporates new sources of information in determining a voter's eligibility to vote, wherein such a change would have a statistically significant disparate impact on the removal from voter rolls of members of racial groups or language minority groups that constitute greater than 5 percent of the voting-age population-- ``(A) in the case of a political subdivision imposing such change if-- ``(i) two or more racial groups or language minority groups each represent 20 percent or more of the voting-age population of the political subdivision; or ``(ii) a single language minority group represents 20 percent or more of the voting-age population on Indian lands located in whole or in part in the political subdivision; or ``(B) in the case of a State imposing such change, if two or more racial groups or language minority groups each represent 20 percent or more of the voting- age population of-- ``(i) the State; or ``(ii) a political subdivision in the State, except that the requirements under subsections (a) and (c) shall apply only with respect to each such political subdivision. ``(c) Preclearance.-- ``(1) In general.--Whenever a State or political subdivision with respect to which the requirements set forth in subsection (a) are in effect shall enact, adopt, or seek to implement any covered practice described under subsection (b), such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such covered practice neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group, and unless and until the court enters such judgment such covered practice shall not be implemented. Notwithstanding the previous sentence, such covered practice may be implemented without such proceeding if the covered practice has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made. Neither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General's failure to object, nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin implementation of such covered practice. In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General's attention during the remainder of the 60-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court. ``(2) Denying or abridging the right to vote.--Any covered practice described in subsection (b) that has the purpose of or will have the effect of diminishing the ability of any citizens of the United States on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice denies or abridges the right to vote within the meaning of paragraph (1) of this subsection. ``(3) Purpose defined.--The term `purpose' in paragraphs (1) and (2) of this subsection shall include any discriminatory purpose. ``(4) Purpose of paragraph (2).--The purpose of paragraph (2) of this subsection is to protect the ability of such citizens to elect their preferred candidates of choice. ``(d) Enforcement.--The Attorney General or any aggrieved citizen may file an action in a Federal district court to compel any State or political subdivision to satisfy the obligations set forth in this section. Such actions shall be heard and determined by a court of three judges under section 2284 of title 28, United States Code. In any such action, the court shall provide as a remedy that any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, that is the subject of the action under this subsection be enjoined unless the court determines that-- ``(1) the voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting, is not a covered practice described in subsection (b); or ``(2) the State or political subdivision has complied with subsection (c) with respect to the covered practice at issue. ``(e) Counting of Racial Groups and Language Minority Groups.--For purposes of this section, the calculation of the population of a racial group or a language minority group shall be carried out using the methodology in the guidance promulgated in the Federal Register on February 9, 2011 (76 Fed. Reg. 7470). ``(f) Special Rule.--For purposes of determinations under this section, any data provided by the Bureau of the Census, whether based on estimation from sample or actual enumeration, shall not be subject to challenge or review in any court. ``(g) Multilingual Voting Materials.--In this section, the term `multilingual voting materials' means registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, provided in the language or languages of one or more language minority groups.''. SEC. 7. PROMOTING TRANSPARENCY TO ENFORCE THE VOTING RIGHTS ACT. (a) Transparency.-- (1) In general.--The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) is amended by inserting after section 5 the following new section: ``SEC. 6. TRANSPARENCY REGARDING CHANGES TO PROTECT VOTING RIGHTS. ``(a) Notice of Enacted Changes.-- ``(1) Notice of changes.--If a State or political subdivision makes any change in any qualification or prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the qualification or prerequisite, standard, practice, or procedure being different from that which was in effect as of 180 days before the date of the election for Federal office, the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of the State or political subdivision, of a concise description of the change, including the difference between the changed qualification or prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Deadline for notice.--A State or political subdivision shall provide the public notice required under paragraph (1) not later than 48 hours after making the change involved. ``(b) Transparency Regarding Polling Place Resources.-- ``(1) In general.--In order to identify any changes that may impact the right to vote of any person, prior to the 30th day before the date of an election for Federal office, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. The public notice described in this paragraph, in such State or political subdivision and on the website of a State or political subdivision, shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(2) Information described.--The information described in this paragraph with respect to a precinct or polling place is each of the following: ``(A) The name or number. ``(B) In the case of a polling place, the location, including the street address, and whether such polling place is accessible to persons with disabilities. ``(C) The voting-age population of the area served by the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(D) The number of registered voters assigned to the precinct or polling place, broken down by demographic group if such breakdown is reasonably available to such State or political subdivision. ``(E) The number of voting machines assigned, including the number of voting machines accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(F) The number of official paid poll workers assigned. ``(G) The number of official volunteer poll workers assigned. ``(H) In the case of a polling place, the dates and hours of operation. ``(3) Updates in information reported.--If a State or political subdivision makes any change in any of the information described in paragraph (2), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. The public notice described in this paragraph and published on the website of a State or political subdivision shall be in a format that is reasonably convenient and accessible to persons with disabilities who are eligible to vote, including persons who have low vision or are blind. ``(c) Transparency of Changes Relating to Demographics and Electoral Districts.-- ``(1) Requiring public notice of changes.--Not later than 10 days after making any change in the constituency that will participate in an election for Federal, State, or local office or the boundaries of a voting unit or electoral district in an election for Federal, State, or local office (including through redistricting, reapportionment, changing from at-large elections to district-based elections, or changing from district-based elections to at-large elections), a State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the website of a State or political subdivision, of the demographic and electoral data described in paragraph (3) for each of the geographic areas described in paragraph (2). ``(2) Geographic areas described.--The geographic areas described in this paragraph are as follows: ``(A) The State as a whole, if the change applies statewide, or the political subdivision as a whole, if the change applies across the entire political subdivision. ``(B) If the change includes a plan to replace or eliminate voting units or electoral districts, each voting unit or electoral district that will be replaced or eliminated. ``(C) If the change includes a plan to establish new voting units or electoral districts, each such new voting unit or electoral district. ``(3) Demographic and electoral data.--The demographic and electoral data described in this paragraph with respect to a geographic area described in paragraph (2) are each of the following: ``(A) The voting-age population, broken down by demographic group. ``(B) If it is reasonably available to the State or political subdivision involved, an estimate of the population of the area which consists of citizens of the United States who are 18 years of age or older, broken down by demographic group. ``(C) The number of registered voters, broken down by demographic group if such breakdown is reasonably available to the State or political subdivision involved. ``(D)(i) If the change applies to a State, the actual number of votes, or (if it is not reasonably practicable for the State to ascertain the actual number of votes) the estimated number of votes received by each candidate in each statewide election held during the 5-year period which ends on the date the change involved is made; and ``(ii) if the change applies to only one political subdivision, the actual number of votes, or (if it is not reasonably practicable for the political subdivision to ascertain the actual number of votes) in each subdivision-wide election held during the 5-year period which ends on the date the change involved is made. ``(4) Voluntary compliance by smaller jurisdictions.-- Compliance with this subsection shall be voluntary for a political subdivision of a State unless the subdivision is one of the following: ``(A) A county or parish. ``(B) A municipality with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. ``(C) A school district with a population greater than 10,000, as determined by the Bureau of the Census under the most recent decennial census. For purposes of this subparagraph, the term `school district' means the geographic area under the jurisdiction of a local educational agency (as defined in section 9101 of the Elementary and Secondary Education Act of 1965). ``(d) Rules Regarding Format of Information.--The Attorney General may issue rules specifying a reasonably convenient and accessible format that States and political subdivisions shall use to provide public notice of information under this section. ``(e) No Denial of Right To Vote.--The right to vote of any person shall not be denied or abridged because the person failed to comply with any change made by a State or political subdivision to a voting qualification, prerequisite, standard, practice, or procedure if the State or political subdivision involved did not meet the applicable requirements of this section with respect to the change. ``(f) Definitions.--In this section-- ``(1) the term `demographic group' means each group which section 2 protects from the denial or abridgement of the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2); ``(2) the term `election for Federal office' means any general, special, primary, or runoff election held solely or in part for the purpose of electing any candidate for the office of President, Vice President, Presidential elector, Senator, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; and ``(3) the term `persons with disabilities', means individuals with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990.''. (2) Conforming amendment.--Section 3(a) of such Act (52 U.S.C. 10302(a)) is amended by striking ``in accordance with section 6''. (b) Effective Date.--The amendment made by subsection (a)(1) shall apply with respect to changes which are made on or after the expiration of the 60-day period which begins on the date of the enactment of this Act. SEC. 8. AUTHORITY TO ASSIGN OBSERVERS. (a) Clarification of Authority in Political Subdivisions Subject to Preclearance.--Section 8(a)(2)(B) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(2)(B)) is amended to read as follows: ``(B) in the Attorney General's judgment, the assignment of observers is otherwise necessary to enforce the guarantees of the 14th or 15th Amendment or any provision of this Act or any other Federal law protecting the right of citizens of the United States to vote; or''. (b) Assignment of Observers To Enforce Bilingual Election Requirements.--Section 8(a) of such Act (52 U.S.C. 10305(a)) is amended-- (1) by striking ``or'' at the end of paragraph (1); (2) by inserting after paragraph (2) the following: ``(3) the Attorney General certifies with respect to a political subdivision that-- ``(A) the Attorney General has received written meritorious complaints from residents, elected officials, or civic participation organizations that efforts to violate section 203 are likely to occur; or ``(B) in the Attorney General's judgment, the assignment of observers is necessary to enforce the guarantees of section 203;''; and (3) by moving the margin for the continuation text following paragraph (3), as added by paragraph (2) of this subsection, 2 ems to the left. (c) Transferral of Authority Over Observers to the Attorney General.-- (1) Enforcement proceedings.--Section 3(a) of the Voting Rights Act of 1965 (52 U.S.C. 10302(a)) is amended by striking ``United States Civil Service Commission in accordance with section 6'' and inserting ``Attorney General in accordance with section 8''. (2) Observers; appointment and compensation.--Section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) is amended-- (A) in subsection (a)(2), in the matter following subparagraph (B), by striking ``Director of the Office of Personnel Management shall assign as many observers for such subdivision as the Director'' and inserting ``Attorney General shall assign as many observers for such subdivision as the Attorney General''; and (B) in subsection (c), by striking ``Director of the Office of Personnel Management'' and inserting ``Attorney General''. (3) Termination of certain appointments of observers.-- Section 13(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10309(a)(1)) is amended by striking ``notifies the Director of the Office of Personnel Management,'' and inserting ``determines,''. SEC. 9. CLARIFICATION OF AUTHORITY TO SEEK RELIEF. (a) Poll Tax.--Section 10(b) of the Voting Rights Act of 1965 (52 U.S.C. 10306(b)) is amended by striking ``the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions'' and inserting ``an aggrieved person or (in the name of the United States) the Attorney General may institute such actions''. (b) Cause of Action.--Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)) is amended-- (1) by striking ``Whenever any person has engaged'' and all that follows through ``in the name of the United States'' and inserting ``(1) Whenever there are reasonable grounds to believe that any person has implemented or will implement any voting qualification or prerequisite to voting or standard, practice, or procedure that would (A) deny any citizen the right to vote in violation of the 14th, 15th, 19th, 24th, or 26th Amendments, or (B) would violate this Act (except for section 4A) or any other Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, an aggrieved person or (in the name of the United States) the Attorney General may institute''; and (2) by striking ``, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under chapters 103 to 107 of this title to vote and (2) to count such votes''. (c) Judicial Relief.--Section 204 of the Voting Rights Act of 1965 (52 U.S.C. 10504) is amended by striking ``Whenever the Attorney General has reason to believe'' and all that follows through ``as he deems appropriate'' and inserting ``Whenever there are reasonable grounds to believe that a State or political subdivision has engaged or is about to engage in any act or practice prohibited by a provision of title II, an aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate''. (d) Enforcement of Twenty-Sixth Amendment.--Section 301(a)(1) of the Voting Rights Act of 1965 (52 U.S.C. 10701) is amended by striking ``The Attorney General is directed to institute'' and all that follows through ``Constitution of the United States'' and inserting ``An aggrieved person or (in the name of the United States) the Attorney General may institute an action in a district court of the United States, for a restraining order, a preliminary or permanent injunction, or such other order as may be appropriate to implement the twenty-sixth amendment to the Constitution of the United States''. SEC. 10. PREVENTIVE RELIEF. Section 12(d) of the Voting Rights Act of 1965 (52 U.S.C. 10308(d)), as amended by section 9, is further amended by adding at the end the following: ``(2)(A) In considering any motion for preliminary relief in any action for preventive relief described in this subsection, the court shall grant the relief if the court determines that the complainant has raised a serious question as to whether the challenged voting qualification or prerequisite to voting or standard, practice, or procedure violates this Act or the Constitution and, on balance, the hardship imposed on the defendant by the grant of the relief will be less than the hardship which would be imposed on the plaintiff if the relief were not granted. ``(B) In making its determination under this paragraph with respect to a change in any voting qualification, prerequisite to voting, or standard, practice, or procedure with respect to voting, the court shall consider all relevant factors and give due weight to the following factors, if they are present: ``(i) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change was adopted as a remedy for a Federal court judgment, consent decree, or admission regarding-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of the 19th, 24th, or 26th Amendments; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(ii) Whether the qualification, prerequisite, standard, practice, or procedure in effect prior to the change served as a ground for the dismissal or settlement of a claim alleging-- ``(I) discrimination on the basis of race or color in violation of the 14th or 15th Amendment; ``(II) a violation of the 19th, 24th, or 26th Amendment; ``(III) a violation of this Act; or ``(IV) voting discrimination on the basis of race, color, or membership in a language minority group in violation of any other Federal or State law. ``(iii) Whether the change was adopted fewer than 180 days before the date of the election with respect to which the change is to take or takes effect. ``(iv) Whether the defendant has failed to provide timely or complete notice of the adoption of the change as required by applicable Federal or State law. ``(3) A jurisdiction's inability to enforce its voting or election laws, regulations, policies, or redistricting plans, standing alone, shall not be deemed to constitute irreparable harm to the public interest or to the interests of a defendant in an action arising under the Constitution or any Federal law that prohibits discrimination on the basis of race, color, or membership in a language minority group in the voting process, for the purposes of determining whether a stay of a court's order or an interlocutory appeal under section 1253 of title 28, United States Code, is warranted.''. SEC. 11. RELIEF FOR VIOLATIONS OF VOTING RIGHTS LAWS. (a) In General.-- (1) Relief for violations of voting rights laws.--In this section, the term ``prohibited act or practice'' means-- (A) any act or practice-- (i) that creates an undue burden on the fundamental right to vote in violation of the 14th Amendment to the Constitution of the United States or violates the Equal Protection Clause of the 14th Amendment to the Constitution of the United States; or (ii) that is prohibited by the 15th, 19th, 24th, or 26th Amendment to the Constitution of the United States, section 2004 of the Revised Statutes (52 U.S.C. 10101), the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20101 et seq.), or section 2003 of the Revised Statutes (52 U.S.C. 10102); and (B) any act or practice in violation of any Federal law that prohibits discrimination with respect to voting, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). (2) Rule of construction.--Nothing in this section shall be construed to diminish the authority or scope of authority of any person to bring an action under any Federal law. (3) Attorney's fees.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting ``a provision described in section 2(a) of the John R. Lewis Voting Rights Advancement Act of 2021,'' after ``title VI of the Civil Rights Act of 1964,''. (b) Grounds for Equitable Relief.--In any action for equitable relief pursuant to a law listed under subsection (a), proximity of the action to an election shall not be a valid reason to deny such relief, or stay the operation of or vacate the issuance of such relief, unless the party opposing the issuance or continued operation of relief meets the burden of proving by clear and convincing evidence that the issuance of the relief would be so close in time to the election as to cause irreparable harm to the public interest or that compliance with such relief would impose serious burdens on the party opposing relief. (1) In general.--In considering whether to grant, deny, stay, or vacate any order of equitable relief, the court shall give substantial weight to the public's interest in expanding access to the right to vote. A State's generalized interest in enforcing its enacted laws shall not be a relevant consideration in determining whether equitable relief is warranted. (2) Presumptive safe harbor.--Where equitable relief is sought either within 30 days of the adoption or reasonable public notice of the challenged policy or practice, or more than 45 days before the date of an election to which the relief being sought will apply, proximity to the election will be presumed not to constitute a harm to the public interest or a burden on the party opposing relief. (c) Grounds for Stay or Vacatur in Federal Claims Involving Voting Rights.-- (1) Prospective effect.--In reviewing an application for a stay or vacatur of equitable relief granted pursuant to a law listed in subsection (a), a court shall give substantial weight to the reliance interests of citizens who acted pursuant to such order under review. In fashioning a stay or vacatur, a reviewing court shall not order relief that has the effect of denying or abridging the right to vote of any citizen who has acted in reliance on the order. (2) Written explanation.--No stay or vacatur under this subsection shall issue unless the reviewing court makes specific findings that the public interest, including the public's interest in expanding access to the ballot, will be harmed by the continuing operation of the equitable relief or that compliance with such relief will impose serious burdens on the party seeking such a stay or vacatur such that those burdens substantially outweigh the benefits to the public interest. In reviewing an application for a stay or vacatur of equitable relief, findings of fact made in issuing the order under review shall not be set aside unless clearly erroneous. SEC. 12. ENFORCEMENT OF VOTING RIGHTS BY ATTORNEY GENERAL. Section 12 of the Voting Rights Act (52 U.S.C. 10308), as amended by this Act, is further amended by adding at the end the following: ``(g) Voting Rights Enforcement by Attorney General.-- ``(1) In general.--In order to fulfill the Attorney General's responsibility to enforce the Voting Rights Act and other Federal civil rights statutes that protect the right to vote, the Attorney General (or upon designation by the Attorney General, the Assistant Attorney General for Civil Rights) is authorized, before commencing a civil action, to issue a demand for inspection and information in writing to any State or political subdivision, or other governmental representative or agent, with respect to any relevant documentary material that he has reason to believe is within their possession, custody, or control. A demand by the Attorney General under this section may require-- ``(A) the production of such documentary material for inspection and copying; ``(B) answers in writing to written questions with respect to such documentary material; or ``(C) both. ``(2) Contents of an attorney general demand.-- ``(A) In general.--Any demand issued under paragraph (1), shall include a sworn certificate to identify the voting qualification or prerequisite to voting or standard, practice, or procedure with respect to voting, or other voting related matter or issue, whose lawfulness the Attorney General is investigating and to identify the civil provisions of the Federal civil rights statute that protects the right to vote under which the investigation is being conducted. The demand shall be reasonably calculated to lead to the discovery of documentary material and information relevant to such civil rights investigation. Documentary material includes any material upon which relevant information is recorded, and includes written or printed materials, photographs, tapes, or materials upon which information is electronically or magnetically recorded. Such demands are aimed at the Attorney General having the ability to inspect and obtain copies of relevant materials (as well as obtain information) related to voting and are not aimed at the Attorney General taking possession of original records, particularly those that are required to be retained by State and local election officials under Federal or State law. ``(B) No requirement for production.--Any demand issued under paragraph (1) may not require the production of any documentary material or the submission of any answers in writing to written questions if such material or answers would be protected from disclosure under the standards applicable to discovery requests under the Federal Rules of Civil Procedure in an action in which the Attorney General or the United States is a party. ``(C) Documentary material.--If the demand issued under paragraph (1) requires the production of documentary material, it shall-- ``(i) identify the class of documentary material to be produced with such definiteness and certainty as to permit such material to be fairly identified; and ``(ii) prescribe a return date for production of the documentary material at least twenty days after issuance of the demand to give the State or political subdivision, or other governmental representative or agent, a reasonable period of time for assembling the documentary material and making it available for inspection and copying. ``(D) Answers to written questions.--If the demand issued under paragraph (1) requires answers in writing to written questions, it shall-- ``(i) set forth with specificity the written question to be answered; and ``(ii) prescribe a date at least twenty days after the issuance of the demand for submitting answers in writing to the written questions. ``(E) Service.--A demand issued under paragraph (1) may be served by a United States marshal or a deputy marshal, or by certified mail, at any place within the territorial jurisdiction of any court of the United States. ``(3) Responses to an attorney general demand.--A State or political subdivision, or other governmental representative or agent, must, with respect to any documentary material or any answer in writing produced under this subsection, provide a sworn certificate, in such form as the demand issued under paragraph (1) designates, by a person having knowledge of the facts and circumstances relating to such production or written answer, authorized to act on behalf of the State or political subdivision, or other governmental representative or agent, upon which the demand was served. The certificate-- ``(A) shall state that-- ``(i) all of the documentary material required by the demand and in the possession, custody, or control of the State or political subdivision, or other governmental representative or agent, has been produced; ``(ii) that with respect to every answer in writing to a written question, all information required by the question and in the possession, custody, control, or knowledge of the State or political subdivision, or other governmental representative or agent, has been submitted; or ``(iii) both; or ``(B) provide the basis for any objection to producing the documentary material or answering the written question. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. ``(4) Judicial proceedings.-- ``(A) Petition for enforcement.--Whenever any State or political subdivision, or other governmental representative or agent, fails to comply with demand issued by the Attorney General under paragraph (1), the Attorney General may file, in a district court of the United States in which the State or political subdivision, or other governmental representative or agent, is located, a petition for a judicial order enforcing the Attorney General demand issued under paragraph (1). ``(B) Petition to modify.-- ``(i) In general.--Any State or political subdivision, or other governmental representative or agent, that is served with a demand issued by the Attorney General under paragraph (1) may file in the United States District Court for the District of Columbia a petition for an order of the court to modify or set aside the demand of the Attorney General. ``(ii) Petition to modify.--Any petition to modify or set aside a demand of the Attorney General issued under paragraph (1) must be filed within 20 days after the date of service of the Attorney General's demand or at any time before the return date specified in the Attorney General's demand, whichever date is earlier. ``(iii) Contents of petition.--The petition shall specify each ground upon which the petitioner relies in seeking relief under clause (i), and may be based upon any failure of the Attorney General's demand to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the State or political subdivision, or other governmental representative or agent. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the Attorney General's demand, in whole or in part, except that the State or political subdivision, or other governmental representative or agent, filing the petition shall comply with any portions of the Attorney General's demand not sought to be modified or set aside.''. SEC. 13. DEFINITIONS. Title I of the Voting Rights Act of 1965 (52 U.S.C. 10301) is amended by adding at the end the following: ``SEC. 21. DEFINITIONS. ``In this Act: ``(1) Indian.--The term `Indian' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act. ``(2) Indian lands.--The term `Indian lands' means-- ``(A) any Indian country of an Indian tribe, as such term is defined in section 1151 of title 18, United States Code; ``(B) any land in Alaska that is owned, pursuant to the Alaska Native Claims Settlement Act, by an Indian tribe that is a Native village (as such term is defined in section 3 of such Act), or by a Village Corporation that is associated with the Indian tribe (as such term is defined in section 3 of such Act); ``(C) any land on which the seat of government of the Indian tribe is located; and ``(D) any land that is part or all of a tribal designated statistical area associated with the Indian tribe, or is part or all of an Alaska Native village statistical area associated with the tribe, as defined by the Bureau of the Census for the purposes of the most recent decennial census. ``(3) Indian tribe.--The term `Indian tribe' or `tribe' has the meaning given the term `Indian tribe' in section 4 of the Indian Self-Determination and Education Assistance Act. ``(4) Tribal government.--The term `Tribal Government' means the recognized governing body of an Indian Tribe. ``(5) Voting-age population.--The term `voting-age population' means the numerical size of the population within a State, within a political subdivision, or within a political subdivision that contains Indian lands, as the case may be, that consists of persons age 18 or older, as calculated by the Bureau of the Census under the most recent decennial census.''. SEC. 14. ATTORNEYS' FEES. Section 14(c) of the Voting Rights Act of 1965 (52 U.S.C. 10310(c)) is amended by adding at the end the following: ``(4) The term `prevailing party' means a party to an action that receives at least some of the benefit sought by such action, states a colorable claim, and can establish that the action was a significant cause of a change to the status quo.''. SEC. 15. OTHER TECHNICAL AND CONFORMING AMENDMENTS. (a) Actions Covered Under Section 3.--Section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) is amended-- (1) by striking ``any proceeding instituted by the Attorney General or an aggrieved person under any statute to enforce'' and inserting ``any action under any statute in which a party (including the Attorney General) seeks to enforce''; and (2) by striking ``at the time the proceeding was commenced'' and inserting ``at the time the action was commenced''. (b) Clarification of Treatment of Members of Language Minority Groups.--Section 4(f) of such Act (52 U.S.C. 10303(f)) is amended-- (1) in paragraph (1), by striking the second sentence; and (2) by striking paragraphs (3) and (4). (c) Period During Which Changes in Voting Practices Are Subject to Preclearance Under Section 5.--Section 5 of such Act (52 U.S.C. 10304) is amended-- (1) in subsection (a), by striking ``based upon determinations made under the first sentence of section 4(b) are in effect'' and inserting ``are in effect during a calendar year''; (2) in subsection (a), by striking ``November 1, 1964'' and all that follows through ``November 1, 1972'' and inserting ``the applicable date of coverage''; and (3) by adding at the end the following new subsection: ``(e) The term `applicable date of coverage' means, with respect to a State or political subdivision-- ``(1) June 25, 2013, if the most recent determination for such State or subdivision under section 4(b) was made on or before December 31, 2021; or ``(2) the date on which the most recent determination for such State or subdivision under section 4(b) was made, if such determination was made after December 31, 2021.''. SEC. 16. SEVERABILITY. If any provision of this Act or any amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unconstitutional or is otherwise enjoined or unenforceable, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, and any remaining provision of the Voting Rights Act of 1965, shall not be affected by the holding. SEC. 17. GRANTS TO ASSIST WITH NOTICE REQUIREMENTS UNDER THE VOTING RIGHTS ACT OF 1965. (a) In General.--The Attorney General shall make grants each fiscal year to small jurisdictions who submit applications under subsection (b) for purposes of assisting such small jurisdictions with compliance with the requirements of the Voting Rights Act of 1965 to submit or publish notice of any change to a qualification, prerequisite, standard, practice or procedure affecting voting. (b) Application.--To be eligible for a grant under this section, a small jurisdiction shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require regarding the compliance of such small jurisdiction with the provisions of the Voting Rights Act of 1965. (c) Small Jurisdiction Defined.--For purposes of this section, the term ``small jurisdiction'' means any political subdivision of a State with a population of 10,000 or less. Passed the House of Representatives August 24, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 500 (Introduced in House)- To prohibit the rescission, suspension, or revision of certain 
regulations that govern the Title X family planning program."	https://www.govinfo.gov/content/pkg/BILLS-117hr500ih/html/BILLS-117hr500ih.htm	DOC 117th CONGRESS 1st Session H. R. 500 To prohibit the rescission, suspension, or revision of certain regulations that govern the Title X family planning program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Banks introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prohibit the rescission, suspension, or revision of certain regulations that govern the Title X family planning program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NO RESCISSION, SUSPENSION, OR REVISION OF CERTAIN REGULATIONS THAT GOVERN THE TITLE X FAMILY PLANNING PROGRAM. The Secretary of Health and Human Services (and any other officer or employee of the Department of Health and Human Services) shall not rescind, suspend, or revise the final rule titled ``Compliance With Statutory Program Integrity Requirements'' published on March 4, 2019, by the Office of the Assistant Secretary for Health in the Office of the Secretary of Health and Human Services. all
H.R. 501 (Introduced in House) - Climate Smart Ports Act	https://www.govinfo.gov/content/pkg/BILLS-117hr501ih/html/BILLS-117hr501ih.htm	DOC 117th CONGRESS 1st Session H. R. 501 To direct the Administrator of the Environmental Protection Agency to establish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Barragan (for herself, Mr. Khanna, Mr. Raskin, Mr. Smith of Washington, Ms. Velazquez, Ms. Bonamici, Ms. Norton, Mr. Hastings, Ms. Clarke of New York, Ms. Lee of California, Ms. Matsui, Mr. Nadler, Mr. Larsen of Washington, Ms. Tlaib, Mr. Lowenthal, Ms. Pingree, Mr. Cardenas, Mr. Garcia of Illinois, Mr. McNerney, Ms. Schakowsky, Ms. Jayapal, Ms. Ocasio-Cortez, Mr. Case, Mr. Jones, Ms. DelBene, and Mr. Bowman) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To direct the Administrator of the Environmental Protection Agency to establish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Smart Ports Act''. SEC. 2. CLIMATE SMART PORTS GRANT PROGRAM. (a) Establishment.--Not later than 6 months after the date of enactment of this section, the Administrator shall establish a program to award grants to eligible entities to purchase, and as applicable install, zero emissions port equipment and technology. (b) Use of Grants.-- (1) In general.--An eligible entity may use a grant awarded under this section to purchase, and as applicable install, zero emissions port equipment and technology. (2) Prohibited use.-- (A) In general.--An eligible entity may not use a grant awarded under this section to purchase or install fully automated cargo handling equipment or terminal infrastructure that is designed for fully automated cargo handling equipment. (B) Human-operated zero emissions port equipment and technology.--Nothing in subparagraph (A) prohibits an eligible entity from using a grant awarded under this section to purchase human-operated zero emissions port equipment and technology or infrastructure that supports such human-operated zero emissions port equipment and technology. (3) Cost share.-- (A) In general.--Except as provided in subparagraph (B), an eligible entity may not use a grant awarded under this section to cover more than 70 percent of the cost of purchasing, and as applicable installing, zero emissions port equipment and technology. (B) Certain grants.--With respect to a grant in an amount equal to or greater than $3,000,000, an eligible entity may use such grant to cover not more than 85 percent of the cost of purchasing and installing zero emissions port equipment and technology if such eligible entity certifies to the Administrator that-- (i) such grant will be used, at least in part, to employ laborers or mechanics to install zero emissions port equipment and technology; and (ii) such eligible entity is a party to a project labor agreement or requires that each subgrantee of such eligible entity, and any subgrantee thereof at any tier, that performs such installation participate in a project labor agreement. (4) Project labor.--An eligible entity that uses a grant awarded under this section to install zero emissions port equipment and technology shall ensure, to the greatest extent practicable, that any subgrantee of such eligible entity, and any subgrantee thereof, that carries out such installation employs at least 40 percent of the laborers or mechanics for such installation individuals who-- (A) are domiciled-- (i) if the applicable installation area is a major urban area, not further than 15 miles from such installation area; and (ii) if the applicable installation area is not a major urban area, not further than 50 miles from such installation area; (B) are displaced and unemployed energy workers; (C) are members of the Armed Forces serving on active duty, separated from active duty, or retired from active duty; (D) have been incarcerated or served time in a juvenile or adult detention or correctional facility, or been placed on probation, community supervision, or in a diversion scheme; (E) have a disability; (F) are homeless; (G) are receiving public assistance; (H) lack a general education diploma or high school diploma; (I) are emancipated from the foster care system; or (J) are registered apprentices with fewer than 15 percent of the required graduating apprentice hours in a program. (c) Wages.-- (1) In general.--All laborers and mechanics employed by a subgrantee of an eligible entity, and any subgrantee thereof at any tier, to perform construction, alteration, installation, or repair work that is assisted, in whole or in part, by a grant awarded under this section shall be paid wages at rates not less than those prevailing on similar construction, alteration, installation, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (2) Labor standards.--With respect to the labor standards in this subsection, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (d) Application.-- (1) In general.--To be eligible to be awarded a grant under this section, an eligible entity shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (2) Priority.--The Administrator shall prioritize awarding grants under this section to eligible entities based on the following: (A) The degree to which the proposed use of the grant will-- (i) reduce greenhouse gas emissions; (ii) reduce emissions of any criteria pollutant and precursor thereof; (iii) reduce hazardous air pollutant emissions; and (iv) reduce public health disparities in communities that receive a disproportionate quantity of air pollution from a port. (B) The amount of matching, non-Federal funds expected to be used by an applicant to purchase, and as applicable install, zero emissions port equipment and technology. (C) Whether the applicant will use such grant to purchase, and as applicable install, zero emissions port equipment and technology that is produced in the United States. (D) As applicable, whether the applicant will meet the utilization requirements for registered apprentices established by the Secretary of Labor or a State Apprenticeship Agency. (E) As applicable, whether the applicant will recruit and retain skilled workers through a State- approved joint labor management apprenticeship program. (e) Outreach.-- (1) In general.--Not later than 90 days after funds are made available to carry out this section, the Administrator shall develop and carry out an educational outreach program to promote and explain the grant program established under subsection (a) to prospective grant recipients. (2) Program components.--In carrying out the outreach program developed under paragraph (1), the Administrator shall-- (A) inform prospective grant recipients how to apply for a grant awarded under this section; (B) describe to prospective grant recipients the benefits of available zero emissions port equipment and technology; (C) explain to prospective grant recipients the benefits of participating in the grant program established under this section; and (D) facilitate the sharing of best practices and lessons learned between grant recipients and prospective grant recipients with respect to how to apply for and use grants awarded under this section. (f) Reports.-- (1) Report to administrator.--Not later than 90 days after the date on which an eligible entity uses a grant awarded under this section, such eligible entity shall submit to the Administrator a report containing such information as the Administrator shall require. (2) Annual report to congress.--Not later than January 31, 2022, and annually thereafter, the Administrator shall submit to Congress and make available on the website of the Environmental Protection Agency a report that includes, with respect to each grant awarded under this section during the preceding calendar year-- (A) the name and location of the eligible entity that was awarded such grant; (B) the amount of such grant that the eligible entity was awarded; (C) the name and location of the port where the zero emissions port equipment and technology that was purchased, and as applicable installed, with such grant is used; (D) an estimate of the impact of such zero emissions port equipment and technology on reducing-- (i) greenhouse gas emissions; (ii) emissions of criteria pollutants and precursors thereof; (iii) hazardous air pollutant emissions; and (iv) public health disparities; and (E) any other information the Administrator determines necessary to understand the impact of grants awarded under this section. (g) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section $1,000,000,000 for each of fiscal years 2022 through 2031. (2) Nonattainment areas.--To the extent practicable, at least 25 percent of amounts made available to carry out this section in each fiscal year shall be used to award grants to eligible entities to provide zero emissions port equipment and technology to ports that are in nonattainment areas. (h) Definitions.--In this section: (1) Active duty.-- The term ``active duty'' has the meaning given such term in section 101 of title 10, United States Code. (2) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (3) Alternative emissions control technology.--The term ``alternative emissions control technology'' means a technology, technique, or measure that-- (A) captures the emissions of nitrogen oxide, particulate matter, reactive organic compounds, and greenhouse gases from the auxiliary engine and auxiliary boiler of an ocean-going vessel at berth; (B) is verified or approved by a State or Federal air quality regulatory agency; (C) the use of which achieves at least the equivalent reduction of emissions as the use of shore power for an ocean-going vessel at berth; (D) the use of which results in reducing emissions of the auxiliary engine of an ocean-going vessel at berth to a rate of less than-- (i) 2.8 g/kW-hr for nitrogen oxide; (ii) 0.03 g/kW-hr for particulate matter 2.5; and (iii) 0.1 g/kW-hr for reactive organic compounds; and (E) reduces the emissions of the auxiliary engine and boiler of an ocean-going vessel at berth by at least 80 percent of the default emissions rate, which is 13.8 g. (4) Criteria pollutant.--The term ``criteria pollutant'' means each of the following: (A) Ground-level ozone. (B) Particulate matter. (C) Carbon monoxide. (D) Lead. (E) Sulfur dioxide. (F) Nitrogen dioxide. (5) Distributed energy resource.-- (A) In general.--The term ``distributed energy resource'' means an energy resource that-- (i) is located on or near a customer site; (ii) is operated on the customer side of the electric meter; and (iii) is interconnected with the electric grid. (B) Inclusions.--The term ``distributed energy resource'' includes-- (i) clean electric generation; (ii) customer electric efficiency measures; (iii) electric demand flexibility; and (iv) energy storage. (6) Eligible entity.--The term ``eligible entity'' means-- (A) a port authority; (B) a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port; (C) an air pollution control district or air quality management district; or (D) a private or nonprofit entity, applying for a grant awarded under this section in collaboration with another entity described in subparagraphs (A) through (C), that owns or uses cargo or transportation equipment at a port. (7) Energy storage system.--The term ``energy storage system'' means a system, equipment, facility, or technology that-- (A) is capable of absorbing energy, storing energy for a period of time, and dispatching the stored energy; and (B) uses a mechanical, electrical, chemical, electrochemical, or thermal process to store energy that-- (i) was generated at an earlier time for use at a later time; or (ii) was generated from a mechanical process, and would otherwise be wasted, for delivery at a later time. (8) Fully automated cargo handling equipment.--The term ``fully automated cargo handling equipment'' means cargo handling equipment that-- (A) is remotely operated or remotely monitored; and (B) with respect to the use of such equipment, does not require the exercise of human intervention or control. (9) Major urban area.--The term ``major urban area'' means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000. (10) Nonattainment area.--The term ``nonattainment area'' has the meaning given such term in section 171 of the Clean Air Act (42 U.S.C. 7501). (11) Port.--The term ``port'' includes a maritime port and an inland port. (12) Port authority.--The term ``port authority'' means a governmental or quasi-governmental authority formed by a legislative body to operate a port. (13) Project labor agreement.--The term ``project labor agreement'' means a pre-hire collective bargaining agreement with one or more labor organization that establishes the terms and conditions of employment for a specific construction project and is described in section 8(f) of the National Labor Relations Act (29 U.S.C. 158(f)). (14) Registered apprentice.--The term ``registered apprentice'' means a person who is participating in a registered apprenticeship program. (15) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (16) Shore power.--The term ``shore power'' means the provision of shoreside electrical power to a ship at berth that has shut down main and auxiliary engines. (17) State apprenticeship agency.--The term ``State Apprenticeship Agency'' has the meaning given such term in section 29.2 of title 29, Code of Federal Regulations (as in effect on January 1, 2020). (18) Zero emissions port equipment and technology.-- (A) In general.--The term ``zero emissions port equipment and technology'' means equipment and technology, including the equipment and technology described in subparagraph (B), that-- (i) is used at a port; and (ii)(I) produces zero exhaust emissions of-- (aa) any criteria pollutant and precursor thereof; and (bb) any greenhouse gas, other than water vapor; or (II) captures 100 percent of the exhaust emissions produced by an ocean-going vessel at berth. (B) Equipment and technology described.--The equipment and technology described in this subparagraph are the following: (i) Any equipment that handles cargo. (ii) A drayage truck that transports cargo. (iii) A train that transports cargo. (iv) Port harbor craft. (v) A distributed energy resource. (vi) An energy storage system. (vii) Electrical charging infrastructure. (viii) Shore power or an alternative emissions control technology. (ix) An electric transport refrigeration unit. SEC. 3. ENERGY POLICY ACT OF 2005 AUTHORIZATION OF APPROPRIATIONS FOR PORT AUTHORITIES. Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is amended by adding at the end the following: ``(c) Port Authorities.--There is authorized to be appropriated $50,000,000 for each of fiscal years 2022 through 2026 to award grants, rebates, or loans, under section 792, to eligible entities to carry out projects that reduce emissions at ports.''. all
H.R. 502 (Introduced in House) - Medicare Dental Benefit Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr502ih/html/BILLS-117hr502ih.htm	DOC 117th CONGRESS 1st Session H. R. 502 To amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Barragan (for herself, Ms. Kelly of Illinois, and Mr. Khanna) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to provide for coverage of dental services under the Medicare program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Dental Benefit Act of 2021''. SEC. 2. COVERAGE OF DENTAL SERVICES UNDER THE MEDICARE PROGRAM. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) in subparagraph (GG), by striking ``and'' at the end; (2) in subparagraph (HH), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(II) dental and oral health services (as defined in subsection (lll));''. (b) Dental and Oral Health Services Defined.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Dental and Oral Health Services ``(lll) The term `dental and oral health services' means services (as defined by the Secretary) that are necessary to prevent disease and promote oral health, restore oral structures to health and function, and treat emergency conditions, including-- ``(1) routine diagnostic and preventive care such as dental cleanings, exams, and x-rays; ``(2) basic dental services such as fillings and extractions; ``(3) major dental services such as root canals, crowns, and dentures; ``(4) emergency dental care; and ``(5) other necessary services related to dental and oral health (as defined by the Secretary).''. (c) Coverage of Routine Diagnostic and Preventive Care as a Preventive Service.--Section 1861(ddd)(3) of the Social Security Act (42 U.S.C. 1395x(ddd)(3)) is amended by adding at the end the following new subparagraph: ``(D) Dental and oral health services described in paragraph (1) of subsection (lll), relating to routine diagnostic and preventive care.''. (d) Payment; Coinsurance; and Limitations.-- (1) In general.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(DD)''; and (B) by inserting before the semicolon at the end the following: ``and (EE) with respect to dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section), the amount paid shall be the payment amount specified under section 1834(z).''. (2) Payment and limits specified.--Section 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the following new subsection: ``(z) Payment and Limits for Dental and Oral Health Services.-- ``(1) In general.--The payment amount under this part for dental and oral health services (as defined in section 1861(lll), other than those services described in paragraph (1) of such section) shall be, subject to paragraph (3), the applicable percentage (specified in paragraph (2)) of the lesser of the actual charge for the services or the amount determined under the payment basis determined under section 1848. ``(2) Applicable percentage.-- ``(A) In general.--For purposes of paragraph (1), subject to subparagraph (B), the applicable percentage specified in this paragraph is-- ``(i) for the first year beginning at least 6 months after the date of the enactment of this subsection, 0 percent; ``(ii) for the year following the year specified in subparagraph (A) and each subsequent year through the seventh year following the year specified in subparagraph (A), the applicable percent specified in this paragraph for the previous year increased by 10 percentage points; and ``(iii) for the eighth year following the year specified in subparagraph (A) and each subsequent year, 80 percent. ``(B) Special rule for certain low-income individuals.--For purposes of paragraph (1), with respect to dental and oral health services described in such paragraph that are furnished to an individual who is a subsidy eligible individual (as defined in section 1860D-14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA-PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this subsection and each subsequent year, the applicable percent specified in this paragraph is 80 percent. ``(3) Limitations and secretarial authority.-- ``(A) Frequency.--With respect to dental and oral health services that are-- ``(i) routine dental cleanings, payment may be made under this part for only two such cleanings during a 12-month period; and ``(ii) routine exams, payment may be made under this part for only two such exams during a 12-month period. ``(B) Secretarial authority.-- ``(i) Authority to apply additional limitations.--The Secretary may apply such other reasonable limitations on the extent to which dental and oral services are covered under this part, including through application of a prior authorization requirement. ``(ii) Authority to modify coverage.-- Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental and oral health services to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. ``(iii) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this paragraph for an individual (or category of individuals) as determined appropriate by the Secretary.''. (e) Payment Under Physician Fee Schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by striking ``risk assessment) ,'' and inserting ``risk assessment), (2)(II),''. (f) Dental Prostheses.-- (1) In general.--Section 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended-- (A) by striking ``(other than dental)'' and inserting ``(including dental)''; and (B) by striking ``internal body''. (2) Special payment rules.--Section 1834(a) of the Social Security Act (42 U.S.C. 1395m(a)) is amended by adding at the end the following new paragraph: ``(23) Payment and limits for dental prostheses.-- ``(A) In general.--The payment amount under this part for dental prostheses shall be, subject to subparagraph (C), the applicable percent (specified in subparagraph (B)) of the amount otherwise payable for such dental prostheses under this section. ``(B) Applicable percent.-- ``(i) In general.--For purposes of subparagraph (A), subject to clause (ii), the applicable percent specified in this subparagraph is-- ``(I) for the first year beginning at least 6 months after the date of the enactment of this paragraph, 0 percent; ``(II) for the year following the year specified in clause (i) and each subsequent year through the seventh year following the year specified in clause (i), the applicable percent specified in this subparagraph for the previous year increased by 10 percentage points; and ``(III) for the eighth year following the year specified in clause (i) and each subsequent year, 80 percent. ``(ii) Special rule for certain low-income individuals.--For purposes of subparagraph (A), with respect to dental prostheses furnished to an individual who is a subsidy eligible individual (as defined in section 1860D- 14(a)(3)), or who would be a subsidy eligible individual if the individual were enrolled in a prescription drug plan or an MA-PD plan under part D, for the first year beginning at least 6 months after the date of the enactment of this paragraph and each subsequent year, the applicable percent specified in this subparagraph is 80 percent. ``(C) Limitations and secretarial authority.-- ``(i) In general.--Payment may be made under this part for an individual for-- ``(I) not more than one full upper and one full lower dental prostheses once every five years; and ``(II) not more than one partial upper dental prostheses and one partial lower dental prostheses once every five years. ``(ii) Secretarial authority.-- ``(I) Authority to apply additional limitations.--The Secretary may apply such other reasonable limitations on the extent to which dental prostheses are covered under this part, including through application of a prior authorization requirement. ``(II) Authority to modify coverage.--Notwithstanding any other provision of this title, if the Secretary determines appropriate, the Secretary may modify the coverage under this part of dental prostheses to the extent that such modification is consistent with the recommendations of the United States Preventive Services Task Force. ``(III) Authority to waive frequency limitations.--The Secretary may waive any frequency limitation or other limitation as described in this subparagraph for an individual (or category of individuals) as determined appropriate by the Secretary''. (g) Repeal of Ground for Exclusion.--Section 1862(a) of the Social Security Act (42 U.S.C. 1395y) is amended by striking paragraph (12). (h) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2022. SEC. 3. INCREASED FMAP FOR ADDITIONAL EXPENDITURES FOR MEDICARE COST- SHARING FOR DENTAL AND ORAL HEALTH SERVICES. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended-- (1) in subsection (b), by striking ``and (ff)'' and inserting ``(ff), and (ii)''; and (2) by adding at the end the following new subsection: ``(ii) Increased FMAP for Additional Expenditures for Medicare Cost-Sharing for Dental and Oral Health Services.--Notwithstanding subsection (b), with respect to the portion of the amounts expended by a State for medical assistance for medicare cost-sharing (as defined in subsection (p)(3)) for qualified medicare beneficiaries described in subsection (p)(1) that is attributable to the coverage under part B of title XVIII of dental and oral health services (as defined in section 1861(lll)), as determined by the Secretary, the Federal medical assistance percentage for a State that is one of the 50 States or the District of Columbia shall be equal to 100 percent.''. SEC. 4. PREVENTIVE SERVICES TASKFORCE. (a) In General.--Section 915(a)(1) of the Public Health Service Act (42 U.S.C. 299b-4(a)(1)) is amended, in the first sentence, by inserting ``, including at least 1 oral health professional'' after ``expertise''. (b) Effective Date.--The amendment made by subsection (a) shall take effect January 1, 2022. all
H.R. 503 (Introduced in House) - Woman on the Twenty Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr503ih/html/BILLS-117hr503ih.htm	DOC 117th CONGRESS 1st Session H. R. 503 To require $20 notes to include a portrait of Harriet Tubman, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Beatty (for herself, Mr. Katko, Ms. Velazquez, Mr. Torres of New York, Mrs. Hayes, Mr. Blumenauer, Mr. Danny K. Davis of Illinois, Mr. Carson, Ms. Lee of California, Mr. Horsford, Mr. Bishop of Georgia, Mr. Payne, Ms. Moore of Wisconsin, Ms. Pingree, and Mr. McEachin) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To require $20 notes to include a portrait of Harriet Tubman, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Woman on the Twenty Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) In 1875, Congress adopted the dollar as the monetary unit of the United States. (2) In 1877, the Bureau of Engraving and Printing of the Department of the Treasury began printing all United States paper money. (3) The Federal Reserve Act of 1913 created the Federal Reserve as the Nation's central bank and provided for a national banking system. The Board of Governors of the Federal Reserve System issued new paper money called Federal Reserve notes. (4) The Secretary of the Treasury has historically selected the designs shown on Federal Reserve notes with the advice of the Bureau of Engraving and Printing. (5) United States Federal Reserve notes now in production bear the following portraits: (A) President George Washington on the $1 bill. (B) President Thomas Jefferson on the $2 bill. (C) President Abraham Lincoln on the $5 bill. (D) Alexander Hamilton on the $10 bill. (E) President Andrew Jackson on the $20 bill. (F) President Ulysses S. Grant on the $50 bill. (G) Benjamin Franklin on the $100 bill. (6) There are also several denominations of Federal Reserve notes that are no longer produced. These include the $500 bill with the portrait of President William McKinley, the $1,000 bill with a portrait of President Grover Cleveland, the $5,000 bill with a portrait of President James Madison, the $10,000 bill with a portrait of Salmon P. Chase, and the $100,000 bill with a portrait of President Woodrow Wilson. (7) Since the first general circulation of paper money, no woman has ever held the honor of being featured on paper money. (8) In June 2015, then-Treasury Secretary Jack Lew announced that the portrait of a woman would be featured on the new $10 bill. (9) After a lengthy period of public engagement between the public and the Department of the Treasury, on April 20, 2016, then-Treasury Secretary Lew announced that ``for the first time in more than a century, the front of our currency will feature the portrait of a woman--Harriet Tubman on the $20 note.'' Additionally, the Secretary announced the reverse of the new $10 note would feature an image of the historic march for suffrage that ended on the steps of the United States Department of Treasury, featuring the leaders of the suffrage movement--Lucretia Mott, Sojourner Truth, Susan B. Anthony, Elizabeth Cady Stanton, and Alice Paul. Finally, the Secretary also announced the reverse of the $5 note would feature an image of historic figures at the Lincoln Memorial who shaped our history and democracy, including Marian Anderson, Eleanor Roosevelt, and Martin Luther King, Jr. SEC. 3. HARRIET TUBMAN ON THE $20 NOTE. (a) In General.--Section 5114(b) of title 31, United States Code, is amended by adding at the end the following: ``No $20 note of United States currency may be printed after December 31, 2024, which does not prominently feature a portrait of Harriet Tubman on the front face of the note.''. (b) Preliminary Design.--The Secretary of the Treasury shall release to the public the preliminary design of the $20 note prominently featuring a portrait of Harriet Tubman no later than December 31, 2022. all
"H.R. 504 (Introduced in House)- To direct the Secretary of State to establish a unit within the 
Office of the Inspector General to audit United States contributions to 
multilateral and international organizations, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr504ih/html/BILLS-117hr504ih.htm	DOC 117th CONGRESS 1st Session H. R. 504 To direct the Secretary of State to establish a unit within the Office of the Inspector General to audit United States contributions to multilateral and international organizations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Bergman (for himself, Mr. Wilson of South Carolina, Mr. Crenshaw, Mr. Waltz, and Mr. Johnson of Louisiana) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To direct the Secretary of State to establish a unit within the Office of the Inspector General to audit United States contributions to multilateral and international organizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUDIT OF UNITED STATES CONTRIBUTIONS TO MULTILATERAL AND INTERNATIONAL ORGANIZATIONS. (a) In General.--Not later than 30 days after the date of the enactment of this section, the Secretary shall establish within the Office of Audits of the Office of the Inspector General of the Department of State a unit to be known as the ``Unit to Audit US Contributions to Multilateral and International Organizations''. (b) Annual Audit.-- (1) In general.--Not later than December 31 of each year, the unit established pursuant to subsection (a) shall submit to the Secretary an audit of United States contributions to multilateral and international organizations during the immediately preceding fiscal year. (2) Elements.--Each audit under paragraph (1) shall include the following: (A) Information relating to-- (i) the aggregate amount of United States contributions to recipient multilateral and international organizations; and (ii) the purposes for each such contribution. (B) An analysis relating to-- (i) whether each such organization achieved the purpose for the contributions; (ii) fraud, waste, or abuse of such contributions by each such organization; and (iii) whether the contributions received by each such organization were in turn provided directly or indirectly to-- (I) the People's Republic of China; (II) the Russian Federation; (III) the Islamic Republic of Iran; (IV) the Democratic People's Republic of Korea; (V) the Bolivarian Republic of Venezuela; (VI) the Syrian Arab Republic; or (VII) an organization designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). (c) Report.--Not later than 30 days after the receipt of each audit under subsection (a), the Secretary shall submit to the appropriate congressional committees a report based on the information and analysis in each such audit. (d) Limitation.--No additional appropriations are authorized to carry out this section, which shall be carried out using amounts otherwise authorized to be appropriated to the Department of State. (e) Definitions.--In this section: (1) Appropriate congressional committees.--the term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs in the House of Representatives; and (B) the Committee on Foreign Relations in the Senate. (2) Secretary.--The term ``Secretary'' means the Secretary of State. all
H.R. 505 (Introduced in House) - Native American Education Opportunity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr505ih/html/BILLS-117hr505ih.htm	DOC 117th CONGRESS 1st Session H. R. 505 To expand opportunity for Native American children through additional options in education, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To expand opportunity for Native American children through additional options in education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Education Opportunity Act''. SEC. 2. NATIVE AMERICAN EDUCATION OPPORTUNITY PROGRAM. (a) In General.--Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.) is amended-- (1) by redesignating section 1141 as section 1142; and (2) by inserting after section 1140 the following: ``SEC. 1141. FUNDING OF TRIBAL-BASED EDUCATION SAVINGS ACCOUNT PROGRAMS. ``(a) Program Authorized.-- ``(1) Disbursements.--At the request of Tribes, the Secretary of Education and the Secretary of the Interior shall, for the 2021-2022 school year and each subsequent school year, disburse amounts transferred under section 2101(a)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611(a)(2)) for the fiscal year to such Tribes that administer education savings account programs to enable the Tribes to award grants to education savings accounts for ESA eligible students for such school year, in accordance with subsection (b). ``(2) Applicability.--This section shall apply with respect to ESA eligible students who have submitted their application for participation under this section to the Tribe of which the student is an enrolled member on or after January 1, 2021. ``(3) Account administration.--A Tribe may enter into an agreement with a nonprofit entity for the administration of the accounts created through the Tribe's education savings account program. ``(4) Required use of funds.--Funds disbursed to a Tribe under this section shall be used to deposit $8,000 each year in the Tribal education savings accounts of ESA eligible students who have not yet attained a regular high school diploma or its recognized equivalent. ``(5) Permissible use of funds.--Funds disbursed to a Tribe under this section may be used for-- ``(A) private tutoring, including academic, Native language, or cultural tutoring; ``(B) costs of attendance at a private elementary school or secondary school recognized by the State, which may include a private school that has a religious mission; ``(C) private online learning programs; ``(D) services provided by a public elementary school or secondary school attended by the child on a less than full-time basis, including individual classes and extracurricular activities and programs; ``(E) textbooks, curriculum programs, or other instructional materials, including any supplemental materials required by a curriculum program, private school, private online learning program, or a public school, or any parent directed curriculum associated with K-12 education; ``(F) computer hardware or other technological devices that are used to help meet a student's educational needs, except that such hardware or devices may not be purchased by a parent more than once in an 18-month period; ``(G) educational software and applications; ``(H) uniforms purchased for attendance at a private school recognized by the State; ``(I) fees for nationally standardized assessment exams, advanced placement exams, any exams related to college or university admission, or tuition or fees for preparatory courses for such exams; ``(J) fees for summer education programs and specialized after-school education programs (but not including after-school childcare); ``(K) educational services and therapies, including occupational, behavioral, physical, speech-language, and audiology therapies; ``(L) transportation to receive a service under paragraph (4); ``(M) costs of attendance at an institution of higher education; ``(N) costs associated with an apprenticeship or other vocational training program; ``(O) fees for State-recognized industry certification exams, and tuition or fees for preparatory courses for such exams; ``(P) contributions to a college savings account, which may include contributions to a qualified tuition program (as defined in section 529(b)(1)(A) of the Internal Revenue Code of 1986) or other prepaid tuition plan offered by a State; or ``(Q) any other educational expenses approved by the Secretary. ``(b) Disbursements.-- ``(1) Annual disbursements.--A Tribe that receives a disbursement amount under subsection (a) shall make semi-annual distributions of such amount to education savings accounts for ESA eligible students. ``(2) Limitation.--A Tribe shall allocate not more than 5 percent of the amount received per pupil under this section to the administration of the education savings account programs of the Tribe. ``(3) Roll over and remaining funds in an account.--Amounts remaining in the Tribal education savings account of a student at the end of a school year shall remain available until expended for use in accordance with this section. ``(4) Terminition and return of funds.--The Tribal education savings account of a student shall terminate on-- ``(A) the date on which the student enrolls in a public elementary school or secondary school on a full- time basis; ``(B) in the case of a student who is pursuing postsecondary education, the earlier of-- ``(i) the date on which the student completes postsecondary education; or ``(ii) the date on which the student attains the age of 25 years; ``(C) in the case of a student who is an individual with a disability, the date on which the student attains the age of 26 years; or ``(D) in the case of an individual not described in subparagraphs (B) or (C), the earlier of-- ``(i) the date on which the student attains the age of 25 years; or ``(ii) the expiration of any 2-year period during which funds in the account are not used in accordance with this section. ``(c) Compulsory Attendance Requirements.--A State that receives funds under this title shall consider a child with a Tribal education savings account for a school year as meeting the State's compulsory school attendance requirements for such school year. ``(d) Special Rule.--In the case of a child with a Tribal education savings account who attends a public school on a less than full-time basis in a school year-- ``(1) the child may not attend the public school free of charge; and ``(2) funds in the account, in an amount determined pursuant to an agreement between the parent of the child and the local educational agency concerned, shall be used to pay for the child's costs of attendance at such school. ``(e) Tribal Consultation.-- ``(1) In general.--Before providing educational services to ESA eligible students, and on an annual basis thereafter, a participating educational service provider shall engage in consultation with appropriate tribal officials before providing educational services to ESA eligible students. ``(2) Documentation.--The participating educational service provider shall maintain in the provider's records and provide to the Bureau of Indian Education a written affirmation signed by the appropriate officials of the participating tribes or tribal organizations approved by the tribes that the consultation required by this section has occurred. If such officials do not provide such affirmation within a reasonable period of time, the affected educational service provider shall forward documentation that such consultation has taken place to the Bureau of Indian Education. ``(3) Rule of construction.--Nothing in this section shall be construed to require the participating educational service provider to determine who are the appropriate officials. ``(4) Limitation.--Consultation required under this section shall not interfere with the timely approval and operation of participating educational service providers. ``(f) Rule of Construction.--A grant awarded to an ESA eligible student under this section shall be considered assistance to the student and shall not be considered assistance to a school that enrolls the ESA eligible student or any other educational service provider from which the ESA eligible student receives services. The amounts provided on behalf of an ESA eligible student under this section shall not be treated as income of the parent or the student for purposes of Federal tax laws or for determining eligibility for any other Federal program. ``(g) Termination.--The authority to carry out this section shall expire on the date that is 5 years after the date of the enactment of this Act. ``(h) Definitions.--In this section: ``(1) Appropriate officials.--The term `appropriate officials' means-- ``(A) tribal officials who are elected; or ``(B) appointed tribal leaders or officials designated in writing. ``(2) Educational service provider.--The term `educational service provider' means an educational service provider that has entered into an agreement with a Tribe. ``(3) ESA eligible student.--The term `ESA eligible student' means an individual who is-- ``(A) an elementary school or secondary school Tribal enrolled student who attended a school operated by the Bureau of Indian Education in the semester preceding the date on which the student first applies for participation in an education savings account program; or ``(B) a child who-- ``(i) will be eligible to attend a school operated by the Bureau of Indian Education for kindergarten or any other elementary school grade in the next semester that will start after the date on which the student first applies for participation in an education savings account program; or ``(ii) will not be attending a school operated by the Bureau of Indian Education, receiving an education savings account from another Tribe, or attending a public elementary school or secondary school, while the student is participating in an education savings account program of a Tribe. ``(4) Education savings account program.--The term `education savings account program' means a program administered by a Tribe in which the Tribe awards a grant to an account managed by the Tribe or a nonprofit entity on behalf of a parent of an elementary school or secondary school student from which the parent may purchase goods and services needed for the education of the student. ``(5) Nonprofit entity defined.--In this paragraph, the term `nonprofit entity' means an entity that is described in the section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(6) Parent.--The term `parent' has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(7) Tribe.--The term `Tribe' means any recognized Indian tribe included on the current list published by the Secretary under section 104 of the Federally Recognized Indian Tribe Act of 1994 (25 U.S.C. 5131).''. (b) Conforming Amendment.--Section 1126(c) of the Education Amendments of 1978 (25 U.S.C. 2006(c)) is amended by striking ``section 1141(12)'' and inserting ``section 1142(12)''. SEC. 3. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. Section 2101(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6611(a)) is amended at the end by inserting the following new paragraph: ``(3) one-half of one percent for Tribes that administer education savings account programs under section 1141 of part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2000 et seq.).''. SEC. 4. CHARTER SCHOOLS AUTHORIZED. (a) In General.--The Bureau of Indian Education is authorized to approve and fund a Bureau-Funded Charter School at any school operated or funded by the Bureau of Indian Education. (b) Use of Bureau Facilities.--Tribes are authorized to use existing Bureau of Indian Education facilities for the operation, management, and expansion of grades in Bureau-funded charter schools, as defined in section 4(d)(1). (c) Use of Funds.--Funds dispersed to tribes under this section may be used for subcontracts with a tribal organization or developer to manage or operate Bureau-funded charter schools. (d) Definitions.--In this section: (1) Bureau-funded charter school.--The term ``Bureau-Funded Charter School'' means a school that-- (A) is approved by the Tribal government where the school operates and is approved and funded by the Bureau of Indian Education; (B) is exempt from significant Federal, State, or local rules that inhibit the flexible operation and management of Bureau-funded schools, but not from any rules relating to the other requirements of this paragraph; (C) is created by a developer as a Bureau-funded school, or is adapted by a developer from an existing Bureau-funded school; (D) operates in pursuit of a specific set of educational objectives determined by the school's developer and agreed to by each Tribe served and the Bureau of Indian Education; (E) provides a program of elementary or secondary education, or both; (F) is not affiliated with a sectarian school or religious institution; (G) does not charge tuition; (H) complies with the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), section 1232g of this title (commonly referred to as the ``Family Educational Rights and Privacy Act of 1974''), and part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.); (I) is a school to which parents choose to send their children, and that-- (i) admits students on the basis of a lottery, consistent with section 4303(c)(3)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7221b(c)(3)(A)), if more students apply for admission than can be accommodated; or (ii) automatically enrolls students who are enrolled in the immediate prior grade level of Bureau-funded schools and, for any additional student openings or student openings created through regular attrition in student enrollment in the affiliated charter school and the enrolling school, admits students on the basis of a lottery as described in clause (i); (J) agrees to comply with the same Federal audit requirements as do other Bureau-funded schools, unless such Federal audit requirements are waived by the Bureau of Indian Education; (K) meets all applicable Federal health and safety requirements; (L) operates in accordance with Federal law; (M) has a written performance contract with the Bureau of Indian Education that includes a description of how student performance will be measured in charter schools pursuant to assessments that are required of other schools and pursuant to any other assessments mutually agreeable to the Bureau of Indian Education, tribe(s) served, and the charter school; and (N) may serve students in early childhood education programs. (2) Developer.--The term ``developer'' means an individual or group of individuals (including a public, private, or tribal nonprofit organization), which may include teachers, administrators and other school staff, parents, or other members of the local community in which a charter school project will be carried out. SEC. 5. GAO STUDY. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall-- (1) conduct a review of the implementation of the programs established by this Act during the preceding 3-year period, including any factors impacting increased participation in education savings account programs established pursuant to the amendments made by this Act; (2) submit a report describing the results of the review under paragraph (1) to-- (A) the Committee on Indian Affairs of the Senate; and (B) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and (3) make the report described in paragraph (2) publicly available. SEC. 6. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected. all
H.R. 506 (Introduced in House) - Immigration Detainer Enforcement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr506ih/html/BILLS-117hr506ih.htm	DOC 117th CONGRESS 1st Session H. R. 506 To provide for the effective use of immigration detainers to enhance public safety. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Bishop of North Carolina (for himself, Mr. Budd, Mr. Hudson, Mrs. Hinson, Mr. Gaetz, Mr. Duncan, Mr. Good of Virginia, Mr. Cawthorn, Mr. Carter of Georgia, Ms. Herrell, Mr. Gooden of Texas, Mr. Babin, and Mr. McClintock) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide for the effective use of immigration detainers to enhance public safety. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Immigration Detainer Enforcement Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Sense of Congress. Sec. 3. Purpose. Sec. 4. Immigration detainer authorities of the Department of Homeland Security. Sec. 5. Effective coordination with State, tribal, and local law enforcement agencies. Sec. 6. Compensating States for detaining criminal aliens. Sec. 7. Priority for distributing Federal funding and property to State and local law enforcement. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the removal of criminal aliens promotes public safety, national security, border security, and the integrity of the immigration system; (2) detainers have proven to be a useful law enforcement tool that serve to expedite and improve the efficiency of the removal process by enabling the Department of Homeland Security to assume custody in a timely manner of aliens in the custody of Federal, State, tribal, or local law enforcement agencies; and (3) several States and localities have limited their cooperation with immigration detainers issued by the Department of Homeland Security and limited the Department of Homeland Security's access to information regarding the release of criminal aliens in their custody, which has resulted in the release of dangerous criminal aliens into local communities. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to limit recidivist criminal activity through the removal of criminal aliens released from Federal, State, tribal, or local custody; (2) to facilitate cooperation between Federal, State, tribal, and local law enforcement agencies with regard to immigration enforcement and information sharing; and (3) to limit the burden on Federal, State, tribal, and local law enforcement agencies that cooperate with the Department of Homeland Security in its prioritized immigration enforcement. SEC. 4. IMMIGRATION DETAINER AUTHORITIES OF THE DEPARTMENT OF HOMELAND SECURITY. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended-- (1) in subsection (a)(2), by striking ``and is likely to escape before a warrant can be obtained for his arrest''; and (2) by amending subsection (d) to read as follows: ``(d) Detainer of Criminal Aliens.-- ``(1) In general.--If an individual is arrested by a Federal, State, tribal, or local law enforcement official for a violation of any criminal law, the Secretary of Homeland Security (or his or her designee) may issue a detainer to the arresting agency if there is reason to believe the individual is an alien who may be removable from the United States. Notwithstanding any other provision of law, no court shall have jurisdiction to review the discretionary decision or action by the Secretary of Homeland Security (or his or her designee) to issue a detainer under this paragraph. ``(2) Transfer of custody.--Upon the issuance of a detainer by the Secretary of Homeland Security (or his or her designee) with respect to an alien described in paragraph (1), the arresting Federal, State, tribal, or local law enforcement agency is authorized to maintain custody of the alien for a period not to exceed 48 hours in order to transfer custody of the alien to the Department of Homeland Security. ``(3) Indemnification.-- ``(A) In general.--Under such regulations as the Secretary of Homeland Security shall prescribe, the Secretary (or his or her designee) may enter into agreements with State, tribal, and local law enforcement agencies to indemnify such agencies against claims (including reasonable expenses of litigation or settlement) by third parties for wrongful detention resulting from detainers issued without reason to believe that the individual is an alien who may be removable from the United States. ``(B) Limitation.--Indemnification under subparagraph (A) does not extend to claims relating to the negligence or willful misconduct of a Federal, State, tribal, or local law enforcement agency or the conditions of detention in the facility used by such agency to detain the individual subject to the detainer. ``(C) Additional conditions.--Each indemnification agreement entered into pursuant to subparagraph (A) shall-- ``(i) require the State, tribal, or local law enforcement agency to notify the United States Government of any suit or claim against such agency for wrongful detention; ``(ii) authorize the United States Government, at its elections, to control or assist in the defense of such suit or claim; and ``(iii) limit the amount of indemnification to a sum certified by the Secretary (or his or her designee) that is just and reasonable.''. SEC. 5. EFFECTIVE COORDINATION WITH STATE, TRIBAL, AND LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.--Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended to read as follows: ``SEC. 642. COMMUNICATION AND COOPERATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT OF HOMELAND SECURITY. ``(a) In General.--Notwithstanding any other provision of Federal, State, tribal, or local law, a Federal, State, tribal, or local government entity or official may not prohibit, or restrict in any way, any government entity or official from sending to, or receiving from, the Department of Homeland Security information regarding the citizenship or immigration status (lawful or unlawful) of any individual. ``(b) Additional Authority of Government Entities.--Notwithstanding any other provision of Federal, State, tribal, or local law, no person or agency may prohibit, or restrict in any way, a Federal, State, tribal, or local government entity from-- ``(1) sending information regarding the citizenship or immigration status (lawful or unlawful) of any individual to, or requesting or receiving such information from, the Department of Homeland Security; ``(2) exchanging citizenship or immigration status information described in paragraph (1) with any other Federal, State, tribal, or local government entity; ``(3) providing the Department of Homeland Security with access to information in Federal, State, tribal, or local government databases regarding individuals with respect to whom a detainer has been issued, including when such individuals will be released from criminal custody; and ``(4) maintaining custody of an individual pursuant to section 287(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(2)). ``(c) Obligation To Respond to Inquiries.--The Secretary of Homeland Security shall respond to an inquiry by a Federal, State, tribal, or local government agency that seeks to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.''. (b) Clerical Amendment.--The table of contents for the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1101 note) is amended by amending the item relating to 642 to read as follows: ``Sec. 642. Communication and cooperation between government agencies and the Department of Homeland Security.''. SEC. 6. COMPENSATING STATES FOR DETAINING CRIMINAL ALIENS. Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended to read as follows: ``(i) Incarceration or Detention.-- ``(1) Defined term.--In this subsection, the term `undocumented criminal alien' means an alien who-- ``(A) has been convicted of a felony or of 2 or more misdemeanors; and ``(B)(i) entered the United States without inspection or at any time or place other than as designated by the Secretary of Homeland Security; ``(ii) was the subject of exclusion, deportation, or removal proceedings at the time the alien was taken into custody by the State or a political subdivision of the State; or ``(iii)(I) was admitted as a nonimmigrant; and ``(II) at the time the alien was taken into custody by the State or a political subdivision of the State-- ``(aa) failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or ``(bb) failed to comply with the conditions of any such status. ``(2) In general.--If the governor of a State (or, if appropriate, the chief executive officer of a political subdivision of the State), exercising authority with respect to the incarceration or detention of an undocumented criminal alien, submits a written request to the Attorney General, the Attorney General may-- ``(A) enter into a contractual arrangement providing for compensation to the State or a political subdivision of the State, as may be appropriate, with respect to the incarceration or detention of the undocumented criminal alien; or ``(B) take the undocumented criminal alien into the custody of the Federal Government and incarcerate or detain the alien. ``(3) Detention security.--In carrying out paragraph (2), the Attorney General shall-- ``(A) give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies; and ``(B) ensure that undocumented criminal aliens incarcerated or detained in Federal facilities pursuant to this subsection are held in facilities that provide a level of security appropriate to the crimes for which they were charged or convicted. ``(4) Amount of compensation.-- ``(A) In general.--Compensation provided for each day an undocumented criminal alien is detained by a State or a political subdivision of a State pursuant to a contract under paragraph (2)(A) shall be equal to the average daily cost of incarceration or detention of a prisoner in the relevant State, as determined by the Attorney General. ``(B) Certification requirement.-- ``(i) In general.--The Secretary of Homeland Security shall-- ``(I) promulgate regulations establishing detainer compliance criteria; and ``(II) periodically submit a certification to the Attorney General that identifies which States and political subdivisions of a State have not complied with detainer requests received from the Department of Homeland Security. ``(ii) Funding limitation.--Funds may only be provided to States and political subdivisions of States under this subsection that-- ``(I) are not identified in a certification described in clause (i)(II); and ``(II) are cooperating with the Secretary with respect to each detainer lodged against an individual in the custody of the State or political subdivision of the State in accordance with section 287(d) and the regulations promulgated pursuant to clause (i)(I). ``(C) Effect of noncompliance.--Any State or political subdivision of a State that fails to substantially comply with detainers issued by the Department of Homeland Security shall be ineligible for any funding under this subsection during the fiscal year in which such failure occurs. ``(5) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to carry out this subsection-- ``(i) $750,000,000 for fiscal year 2020; ``(ii) $850,000,000 for fiscal year 2021; and ``(iii) $950,000,000 for each of the fiscal years 2022 through 2026. ``(B) Limitation.--Amounts appropriated pursuant to subparagraph (A) that are distributed to a State or a political subdivision of a State may only be used for correctional purposes.''. SEC. 7. PRIORITY FOR DISTRIBUTING FEDERAL FUNDING AND PROPERTY TO STATE AND LOCAL LAW ENFORCEMENT. (a) Annual Certification.--The Secretary of Homeland Security shall annually submit a written certification to the Attorney General that identifies the States and units of local government that are not complying with detainers issued pursuant to section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)). (b) Priority for Compliant Jurisdictions.--The Attorney General shall give priority to the jurisdictions that are not listed in the certification described in subsection (a) when selecting recipients of-- (1) funding from the Edward Byrne Memorial Justice Assistance Grant Program authorized under title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); (2) excess Federal equipment purchased pursuant to section 281 of title 10, United States Code (commonly referred to as the 1122 Program); and (3) excess Federal property transferred pursuant to section 2576a of title 10, United States Code (commonly referred to as the 1033 Program). all
H.R. 507 (Introduced in House) - Innovative Energy Manufacturing Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr507ih/html/BILLS-117hr507ih.htm	DOC 117th CONGRESS 1st Session H. R. 507 To amend the Internal Revenue Code of 1986 to extend the advanced energy project credit. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Brendan F. Boyle of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to extend the advanced energy project credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovative Energy Manufacturing Act of 2021''. SEC. 2. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C of the Internal Revenue Code of 1986 is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Additional Allocations.-- ``(1) In general.--Not later than 180 days after the date of enactment of this paragraph, the Secretary, after consultation with the Secretary of Energy, shall establish a program to designate amounts of qualifying advanced project credit limitation to qualifying advanced energy projects. ``(2) Annual limitation.-- ``(A) In general.--The amount of qualifying advanced project credit limitation that may be designated under this subsection during any calendar year shall not exceed the annual credit limitation with respect to such year. ``(B) Annual credit limitation.--For purposes of this subsection, the term `annual credit limitation' means $2,500,000,000 for each of calendar years 2022, 2023, 2024, 2025, and 2026, and zero thereafter. ``(C) Carryover of unused limitation.--If the annual credit limitation for any calendar year exceeds the aggregate amount designated for such year under this subsection, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2026. ``(3) Placed in service deadline.--No credit shall be determined under subsection (a) with respect to any property which is placed in service after the date that is 4 years after the date of the designation under this subsection relating to such property. ``(4) Selection criteria.--Selection criteria similar to those in subsection (d)(3) shall apply, except that in determining designations under this subsection, the Secretary, after consultation with the Secretary of Energy, shall-- ``(A) require that applicants provide written assurances to the Secretary that all laborers and mechanics employed by contractors and subcontractors in the performance of construction, alteration or repair work on a qualifying advanced energy project shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code, and ``(B) give the highest priority to projects which-- ``(i) manufacture (other than primarily assembly of components) property described in a subclause of subsection (c)(1)(A)(i) (or components thereof), and ``(ii) have the greatest potential for commercial deployment of new applications. ``(5) Disclosure of designations.--Rules similar to the rules of subsection (d)(5) shall apply for purposes of this subsection.''. (b) Clarification With Respect to Electrochromatic Glass.--Section 48C(c)(1)(A)(i)(V) of such Code is amended-- (1) by striking ``and smart grid'' and inserting ``, smart grid,'' and (2) by inserting ``, and electrochromatic glass'' before the comma at the end. (c) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. (d) Progress Report.--During the 30-day period ending on December 31, 2027, the Secretary of the Treasury (or the Secretary's delegate), after consultation with the Secretary of Labor, shall submit a report to Congress on any domestic job creation, and wages associated with such jobs, and the amount of such wages paid, attributable to the amendment made by this section. all
H.R. 508 (Introduced in House) - Safe And Friendly for the Environment Streets Act	https://www.govinfo.gov/content/pkg/BILLS-117hr508ih/html/BILLS-117hr508ih.htm	DOC 117th CONGRESS 1st Session H. R. 508 To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Brownley (for herself and Mr. Espaillat) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, to include a special rule for the dedication of funds under the highway safety improvement program for certain vulnerable users, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe And Friendly for the Environment Streets Act'' or the ``SAFE Streets Act''. SEC. 2. HIGHWAY SAFETY IMPROVEMENT PROGRAM. Section 148 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (4)(B)(xiii) by inserting ``, including the development of a vulnerable road user safety assessment under section 1601 of the SAFE Streets Act'' after ``safety planning''; (B) in paragraph (11)-- (i) by redesignating subparagraphs (G) through (I) as subparagraphs (H) through (J); and (ii) by inserting after subparagraph (F) the following: ``(G) includes a vulnerable road user safety assessment described under paragraph (16);''; and (C) by adding at the end the following: ``(13) Vulnerable road user.--The term `vulnerable road user' means a nonmotorist-- ``(A) with a fatality analysis reporting system person attribute code that is included in the definition of the term `number of non-motorized fatalities' in section 490.205 of title 23, Code of Federal Regulations (or successor regulation); or ``(B) described in the term `number of non- motorized serious injuries' in such section. ``(14) Vulnerable road user safety assessment.--The term `vulnerable road user safety assessment' means an assessment of the safety performance of the State or a metropolitan planning organization within the State with respect to vulnerable road users and the plan of the State or metropolitan planning organization to improve the safety of vulnerable road users described in subsection (l).''; (2) in subsection (c)-- (A) in paragraph (1) by striking ``(a)(11)'' and inserting ``(a)(13)''; and (B) in paragraph (2)(A)(vi) by inserting ``, consistent with the vulnerable road user safety assessment'' after ``nonmotorized crashes''; (3) in subsection (d)(1)(B)-- (A) in clause (iv) by inserting ``and serious injury'' after ``fatality''; (B) in clause (vii) by striking ``; and'' and inserting a semicolon; (C) by redesignating clause (viii) as clause (ix); and (D) by inserting after clause (vii) the following: ``(viii) the findings of a vulnerable road user safety assessment of the State; and''; (4) in subsection (g) by adding at the end the following: ``(3) Vulnerable road user safety.-- ``(A) In general.--Beginning on the date of enactment of the SAFE Streets Act, if a State determines that the number of vulnerable road user fatalities and serious injuries per capita in such State over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries per capita among all States, that State shall be required to obligate over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside in such State under section 133(h)(1) for fiscal year 2020, less any amounts obligated by a metropolitan planning organization in the State as required by subparagraph (D), for-- ``(i) in the first fiscal year-- ``(I) performing the vulnerable user safety assessment as prescribed by subsection (l); ``(II) providing matching funds for transportation alternatives safety project as identified in section 133(h)(7)(B); and ``(III) projects eligible under section 133(h)(3)(A), (B), (C), or (I); and ``(ii) in each fiscal year thereafter, the program of projects identified in subsection (l)(2)(C). ``(B) Source of funds.--Any amounts obligated under subparagraph (A) shall be from amounts described in section 133(d)(1)(B) or 104(b)(3). ``(C) Annual determination.--The determination described under subparagraph (A) shall be made on an annual basis. ``(D) Metropolitan planning area with excessive fatalities and serious injuries per capita.-- ``(i) Annual determination.--Beginning on the date of enactment of the SAFE Streets Act, a metropolitan planning organization representing an urbanized area with a population greater than 200,000 shall annually determine the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period. ``(ii) Requirement to obligate funds.--If such a metropolitan planning area organization determines that the number of vulnerable user road fatalities and serious injuries per capita in such area over the most recent 2-year period for which data are available exceeds the median number of such fatalities and serious injuries among all urbanized areas with a population of over 200,000, then there shall be obligated over the 2 fiscal years following the fiscal year in which such determination is made an amount that is not less than 75 percent of the amount set aside for that urbanized area under section 133(h)(2) for fiscal year 2020 for projects identified in the program of projects described in subsection (l)(7)(C). ``(E) Source of funds.-- ``(i) Metropolitan planning organization in state required to obligate funds.--For a metropolitan planning organization in a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from such amounts required to be obligated for vulnerable road user safety under subparagraph (B) for projects described in subsection (l)(7). ``(ii) Other metropolitan planning organizations.--For a metropolitan planning organization that is not located within a State required to obligate funds to vulnerable user safety under subparagraph (A), the State shall be required to obligate from amounts apportioned under section 104(b)(3) for projects described in subsection (l)(7).''; and (5) by adding at the end the following: ``(l) Vulnerable Road User Safety Assessment.-- ``(1) In general.--Not later than 1 year after date of enactment of the SAFE Streets Act, each State shall create a vulnerable road user safety assessment. ``(2) Contents.--A vulnerable road user safety assessment required under paragraph (1) shall include-- ``(A) a description of the location within the State of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location; ``(B) a description of any corridors identified by a State, in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; ``(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B), in coordination with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under subparagraph (B); and ``(D) include a list of projects within the State that primarily address the safety of vulnerable road users that-- ``(i) have been completed during the 2 most recent fiscal years prior to date of the publication of the vulnerable road user safety assessment, including the amount of funding that has been dedicated to those projects, described in total amounts and as a percentage of total capital expenditures; and ``(ii) are planned to be completed during the 2 fiscal years following the date of the publication of the vulnerable road user assessment, including the amount of funding that the State plans to be dedicated to those projects, described in total amounts and as a percentage of total capital expenditures. ``(3) Analysis.--In creating a vulnerable road user safety assessment under this subsection, a State shall assess the last 5 years of available data. ``(4) Requirements.--In creating a vulnerable road user safety assessment under this subsection, a State shall-- ``(A) take into consideration a safe system approach; and ``(B) coordinate with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(B). ``(5) Update.--A State shall update a vulnerable road user safety assessment on the same schedule as the State updates the State strategic highway safety plan. ``(6) Transportation system access.--The program of projects developed under paragraph (2)(C) may not degrade transportation system access for vulnerable road users. ``(7) Metropolitan planning area assessments.--A metropolitan planning organization that represents an urbanized area with a population greater than 200,000 shall complete a vulnerable user safety assessment based on the most recent 5 years of available data, unless an assessment was completed in the previous 5 years, including-- ``(A) a description of the location within the urbanized area of each vulnerable road user fatality and serious injury and the design speed of the roadway at any such location; ``(B) a description of any corridors that represent a high-risk area identified under paragraph (2)(B) that pose a high risk of a vulnerable road user fatality or serious injury and the design speeds of such corridors; and ``(C) a program of projects or strategies to reduce safety risks to vulnerable road users in corridors identified under subparagraph (B).''. all
H.R. 509 (Introduced in House) - Coast Guard Safety and Accountability Act	https://www.govinfo.gov/content/pkg/BILLS-117hr509ih/html/BILLS-117hr509ih.htm	DOC 117th CONGRESS 1st Session H. R. 509 To amend title 14, United States Code, to ensure that the Commandant of the Coast Guard responds to safety recommendations by the National Transportation Safety Board. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 14, United States Code, to ensure that the Commandant of the Coast Guard responds to safety recommendations by the National Transportation Safety Board. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Safety and Accountability Act''. SEC. 2. COMMANDANT OF THE COAST GUARD'S RESPONSES TO SAFETY RECOMMENDATIONS. (a) Amendment to Title 14.--Chapter 7 of title 14, United States Code, is amended by adding at the end the following: ``SEC. 719. RESPONSES TO SAFETY RECOMMENDATIONS. ``(a) In General.--When the National Transportation Safety Board submits a recommendation about transportation safety to the Commandant of the Coast Guard, the Commandant, not later than 90 days after receiving the recommendation, shall give the Board a formal written response to each recommendation. The response shall indicate whether the Commandant intends-- ``(1) to carry out procedures to adopt the complete recommendation; ``(2) to carry out procedures to adopt a part of the recommendation; or ``(3) to refuse to carry out procedures to adopt the recommendation. ``(b) Timetable for Completing Procedures and Reasons for Refusal.--A response under paragraphs (1) or (2) of subsection (a) shall include a copy of a proposed timetable for completing the procedures. A response under subsection (a)(2) shall detail the reasons for the refusal to carry out procedures on the remainder of the recommendation. A response under subsection (a)(3) shall detail the reasons for the refusal to carry out procedures. ``(c) Public Availability.--The Board shall make a copy of each recommendation and response available to the public at reasonable cost. ``(d) Reporting Requirements.-- ``(1) Annual regulatory status reports.--On February 1 of each year, the Commandant shall submit a report to Congress and the Board containing the regulatory status of each recommendation made by the Board to the Commandant that is on the Board's `most wanted list'. The Commandant shall continue to report on the regulatory status of each such recommendation in the report due on February 1 of subsequent years until final regulatory action is taken on that recommendation or the Commandant determines and states in such a report that no action should be taken. ``(2) Failure to report.--If on March 1 of each year the Board has not received the Commandant's report required by this subsection, the Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the Commandant's failure to submit the required report. ``(3) Compliance report with recommendations.--Not later than 90 days after the date on which the Commandant submits a report under this subsection, the Board shall review the Commandant's report and transmit comments on the report to the Commandant, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives.''. (b) Clerical Amendment.--The analysis for chapter 7 of title 14, United States Code, is amended by inserting after the item relating to section 718 the following: ``719. Responses to safety recommendations.''. all
"H.R. 50 (Introduced in House) -To amend title 54, United States Code, to prohibit the extension or 
establishment of national monuments in Arizona except by express 
authorization of Congress, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr50ih/html/BILLS-117hr50ih.htm	DOC 117th CONGRESS 1st Session H. R. 50 To amend title 54, United States Code, to prohibit the extension or establishment of national monuments in Arizona except by express authorization of Congress, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend title 54, United States Code, to prohibit the extension or establishment of national monuments in Arizona except by express authorization of Congress, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITATION ON EXTENSION OR ESTABLISHMENT OF NATIONAL MONUMENTS IN ARIZONA. Subsection (d) of section 320301 of title 54, United States Code, is amended-- (1) by inserting ``or Arizona'' after ``Wyoming''; and (2) by inserting ``or Arizona'' after ``Wyoming''. all
H.R. 510 (Introduced in House) - Support Local Transportation Act	https://www.govinfo.gov/content/pkg/BILLS-117hr510ih/html/BILLS-117hr510ih.htm	DOC 117th CONGRESS 1st Session H. R. 510 To amend title 23, United States Code, to modify the percentages of funds to be allocated to certain urbanized areas under the surface transportation block grant program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, to modify the percentages of funds to be allocated to certain urbanized areas under the surface transportation block grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Support Local Transportation Act''. SEC. 2. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM. Section 133(d)(6) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: ``(A) for fiscal year 2022, 61 percent; ``(B) for fiscal year 2023, 62 percent; ``(C) for fiscal year 2024, 63 percent; ``(D) for fiscal year 2025, 64 percent; and ``(E) for fiscal year 2026, 65 percent.''. all
H.R. 511 (Introduced in House) - National Multimodal Freight Network Improvement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr511ih/html/BILLS-117hr511ih.htm	DOC 117th CONGRESS 1st Session H. R. 511 To amend title 49, United States Code, to include a revenue metric in the port network components to better achieve the policy goals of the National Multimodal Freight Network. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 49, United States Code, to include a revenue metric in the port network components to better achieve the policy goals of the National Multimodal Freight Network. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Multimodal Freight Network Improvement Act''. SEC. 2. NATIONAL MULTIMODAL FREIGHT NETWORK. Section 70103 of title 49, United States Code, is amended-- (1) in subsection (b)(2)(C) by inserting ``, and the public ports of the United States that have a total annual value of cargo of at least $1,000,000,000, as identified by the United States Customs and Border Protection and reported by the Bureau of the Census'' after ``is available''; and (2) in subsection (c) by adding at the end the following: ``(5) Required network components.--In designating or redesignating the National Multimodal Freight Network, the Under Secretary shall ensure that the National Multimodal Freight Network includes the components listed under subsection (b)(2).''. all
H.R. 512 (Introduced in House) - Green Bus Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr512ih/html/BILLS-117hr512ih.htm	DOC 117th CONGRESS 1st Session H. R. 512 To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To require any bus purchased for use in public transportation with funds provided by the Federal Transit Administration to be a zero- emission bus, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Act of 2021''. SEC. 2. ZERO-EMISSION BUS REQUIREMENTS. (a) In General.--Chapter 53 of title 49, United States Code, is amended by inserting after section 5312 the following: ``Sec. 5313. Zero-emission bus requirements ``(a) In General.--Notwithstanding any other requirements of this chapter, not later than October 1, 2029, any bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be a zero-emission bus. ``(b) Federal Share.--Notwithstanding any other requirements of this chapter, the Federal share of the cost of any zero-emission bus purchased or leased with funds provided under this chapter or otherwise provided by the Federal Transit Administration for purposes of providing public transportation shall be 90 percent. ``(c) Definition of Zero-Emission Bus.--In this section, the term `zero-emission bus' means a bus that, under any possible operational modes or conditions, produces no exhaust emissions of-- ``(1) any greenhouse gas; or ``(2) any air pollutant for which air quality criteria are issued under section 108 of the Clean Air Act (42 U.S.C. 7408) or for which a national ambient air quality standard has been promulgated under section 109 of such Act (42 U.S.C. 7409).''. (b) Conforming Amendment.--The table of sections for chapter 53 of title 49, United States Code, is amended by inserting after the item related to section 5312 the following new item: ``5313. Zero-emission bus requirements.''. SEC. 3. REPORT ON BEST PRACTICES IMPLEMENTING ZERO-EMISSION BUS FLEETS. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall compile, and make publicly available, a report containing best practices and lessons learned by transit agencies and States that have implemented or are in the process of implementing zero-emission bus fleets. (b) Consultation.--In compiling the report, the Secretary shall consult with transit agencies, States, zero-emission bus manufacturers, and other stakeholders that the Secretary determines are appropriate. (c) Updates to Report.--The Secretary shall update the report required under subsection (a) annually. SEC. 4. PREFERENCE UNDER LOW- OR NO-EMISSION VEHICLE PROGRAM FOR OPERATORS WITH FULL FLEET TRANSITION PLANS. Section 5339(c) of title 49, United States Code, is amended by adding at the end the following: ``(8) Preference.--In awarding grants under this subsection, the Secretary shall give preference to applicants who have completed a full fleet transition plan.''. all
H.R. 513 (Introduced in House) - Academic Partnerships Lead Us to Success Act	https://www.govinfo.gov/content/pkg/BILLS-117hr513ih/html/BILLS-117hr513ih.htm	DOC 117th CONGRESS 1st Session H. R. 513 To allow a State to submit a declaration of intent to the Secretary of Education to combine certain funds to improve the academic achievement of students. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Budd (for himself, Mr. Duncan, Mr. Bishop of North Carolina, Mr. Brooks, Mr. Norman, Mr. Roy, Mr. Murphy of North Carolina, Mr. Palmer, Mr. Gaetz, Mr. Rice of South Carolina, Mr. Weber of Texas, Mrs. Lesko, Mr. Rouzer, Mr. Cloud, Mr. Cawthorn, Mr. Loudermilk, and Mr. Rosendale) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To allow a State to submit a declaration of intent to the Secretary of Education to combine certain funds to improve the academic achievement of students. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Academic Partnerships Lead Us to Success Act'' or the ``A PLUS Act''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To give States and local communities added flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. SEC. 3. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student progress to parents and taxpayers regularly. (3) Declaration of intent.--The term ``declaration of intent'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (4) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (5) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a declaration of intent, and any amendments thereto, on behalf of the State. Such officials shall include not less than two of the following: (A) The governor of the State. (B) The highest elected education official of the State, if any. (C) The legislature of the State. (6) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a declaration of intent, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 4. DECLARATION OF INTENT. (a) In General.--Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (3) Removal of fiscal and accounting barriers.--Each State educational agency that operates under a declaration of intent under this Act shall modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of Declaration.--Each declaration of intent shall contain-- (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; and (8) an assurance that in implementing the declaration of intent, the State will seek to use Federal funds to supplement, rather than supplant, State education funding. (d) Duration.--The duration of the declaration of intent shall not exceed 5 years. (e) Review and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to Declaration of Intent.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A declaration of intent that is in effect may be amended to-- (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program. SEC. 5. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.--Each State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency for the purpose of public accountability to parents and taxpayers. (b) Accountability System.--The State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on Student Progress.--Not later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged. SEC. 6. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States Not Consolidating Funds Under Part A of Title I.--If the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent. SEC. 7. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). all
H.R. 514 (Introduced in House) - Preserve American History Act	https://www.govinfo.gov/content/pkg/BILLS-117hr514ih/html/BILLS-117hr514ih.htm	DOC 117th CONGRESS 1st Session H. R. 514 To provide that the Executive order entitled ``Establishing the President's Advisory 1776 Commission'' shall have the force and effect of law, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Budd (for himself, Mr. Weber of Texas, Mr. Kelly of Pennsylvania, Mr. Good of Virginia, Mr. Aderholt, Mr. Hice of Georgia, Mr. Chabot, Mr. Gohmert, Mr. Davidson, Mr. Biggs, Mr. Norman, Mr. Moore of Alabama, Mr. McClintock, Mr. Roy, Mrs. Boebert, Mr. Cline, Mr. Loudermilk, Mr. Mooney, and Mr. Bishop of North Carolina) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Armed Services, and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide that the Executive order entitled ``Establishing the President's Advisory 1776 Commission'' shall have the force and effect of law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserve American History Act''. SEC. 2. LEGAL EFFECT. Notwithstanding any other provision of law or Executive order, Executive Order 13958 (85 Fed. Reg. 70951), signed on November 2, 2020, and entitled ``Establishing the President's Advisory 1776 Commission'' shall have the force and effect of law. all
H.R. 515 (Introduced in House) - Justice for Victims of Sanctuary Cities Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr515ih/html/BILLS-117hr515ih.htm	DOC 117th CONGRESS 1st Session H. R. 515 To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Budd (for himself, Mr. Gaetz, Mr. Duncan, Mr. Norman, Mr. Allen, Mr. Brooks, Mrs. Greene of Georgia, Mr. DesJarlais, Mr. Cawthorn, Mr. Babin, and Mr. Wright) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Transportation and Infrastructure, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of Sanctuary Cities Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Sanctuary jurisdiction.-- (A) In general.--Except as provided in subparagraph (B), the term ``sanctuary jurisdiction'' means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from-- (i) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status of any alien; or (ii) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an alien. (B) Exception.--A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer regarding, an alien who comes forward as a victim or a witness to a criminal offense. (2) Sanctuary policy.--The term ``sanctuary policy'' means a statute, ordinance, policy, or practice referred to in paragraph (1)(A). (3) Sanctuary-related civil action.--The term ``sanctuary- related civil action'' means a civil action brought against a sanctuary jurisdiction by an individual (or the estate, survivors, or heirs of an individual) who-- (A) is injured or harmed by an alien who benefitted from a sanctuary policy of the sanctuary jurisdiction; and (B) would not have been so injured or harmed but for the alien receiving the benefit of such sanctuary policy. SEC. 3. CIVIL ACTION FOR HARM BY AN ALIEN THAT BENEFITTED FROM A SANCTUARY POLICY. (a) Private Right of Action.-- (1) Cause of action.--Any individual, or a spouse, parent, or child of such individual (if the individual is deceased or permanently incapacitated), who is the victim of a murder, rape, or any felony (as defined by the State) for which an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) has been arrested, convicted, or sentenced to a term of imprisonment of at least 1 year, may bring an action for compensatory damages against a State or a political subdivision of a State in the appropriate Federal or State court if the State or political subdivision failed to comply with-- (A) a request with respect to an alien that was lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357); and (B) a detainer for, or notify about the release of, the alien. (2) Statute of limitations.--An action brought under this subsection may not be brought later than 10 years after the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later. (3) Attorney's fee and other costs.--In any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorney's fee as part of the costs, and include expert fees as part of the attorney's fee. (b) Waiver of Immunity.-- (1) In general.--Any State or political subdivision of a State that accepts a grant described in paragraph (2) from the Federal Government shall agree, as a condition of receiving such grant, to waive any immunity of such State or political subdivision relating to a sanctuary-related civil action. (2) Grants described.--The grants described in this paragraph are-- (A) a grant for public works and economic development under section 201(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141(a)); (B) a grant for planning and administrative expenses under section 203(a) of such Act (42 U.S.C. 3143(a)); (C) a supplemental grant under section 205(b) of such Act (42 U.S.C. 3145(b)); (D) a grant for training, research, and technical assistance under section 207(a) of such Act (42 U.S.C. 3147(a)); and (E) except as provided in paragraph (3), a community development block grant made pursuant to title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (3) Exception.--Grants described in paragraph (2)(E) shall not include any disaster relief grants to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.). SEC. 4. ENSURING COOPERATION BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT OFFICERS TO SAFEGUARD OUR COMMUNITIES. (a) Authority To Cooperate With Federal Officials.--A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) shall be deemed to be acting as an agent of the Department of Homeland Security; and (2) shall comply with section 287(d) of the Immigration and Nationality Act (8 U.S.C. 1357(d)) and section 287.5(d) of title 8, Code of Federal Regulations. (b) Legal Proceedings.--In any legal proceeding brought against a State, a political subdivision of State, or an officer, employee, or agent of such State or political subdivision challenging the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)-- (1) the State or political subdivision of a State shall not be liable for any action taken in accordance with the detainer; and (2) if the actions of the officer, employee, or agent of the State or political subdivision were taken in accordance with the detainer-- (A) the officer, employee, or agent shall be deemed-- (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and (ii) to have been acting within the scope of his or her employment under section 1346(b) of title 28, United States Code, and chapter 171 of such title; (B) section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and (C) the United States shall be substituted as defendant in the proceeding. (c) Rule of Construction.--Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual. all
H.R. 516 (Introduced in House) - Environmental Justice Mapping and Data Collection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr516ih/html/BILLS-117hr516ih.htm	DOC 117th CONGRESS 1st Session H. R. 516 To establish the Environmental Justice Mapping Committee, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Bush (for herself, Mr. Garcia of Illinois, Mr. Hastings, Mr. Khanna, Mr. Espaillat, Mr. Thompson of Mississippi, Mr. Lowenthal, Ms. Barragan, Ms. Sewell, Ms. Moore of Wisconsin, Ms. Wasserman Schultz, Mr. Nadler, Mr. Jones, Ms. Norton, Mr. DeSaulnier, Ms. Ocasio-Cortez, Ms. Tlaib, Mrs. Napolitano, Mrs. Watson Coleman, Mr. Cleaver, Mr. Bowman, Mr. Vargas, Ms. Pingree, Mr. Blumenauer, Mr. Torres of New York, Mr. Connolly, Ms. Blunt Rochester, Ms. Matsui, Mr. Johnson of Georgia, Mr. McEachin, Ms. DeGette, Ms. Pressley, and Mr. Cooper) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish the Environmental Justice Mapping Committee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Justice Mapping and Data Collection Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) environmental hazards causing adverse health outcomes have disproportionately affected environmental justice communities as a result of systemic injustices relating to factors that include race and income; (2) environmental justice communities have increased vulnerability to the adverse effects of climate change and need significant investment to face current and future environmental hazards; (3) the Federal Government has lacked a cohesive and consistent strategy to carry out the responsibilities of Federal agencies described in Executive Order 12898 (42 U.S.C. 4321 note; relating to Federal actions to address environmental justice in minority populations and low-income populations); (4) it is necessary that the Federal Government meaningfully engage environmental justice communities in the process of developing a robust strategy to address environmental justice, including high levels of review, input, and consent; (5) there is a lack of nationwide high-quality data relating to environmental justice concerns, such as socioeconomic factors, air pollution, water pollution, soil pollution, and public health, and a failure to update the existing data with adequate frequency; (6) there is no nationally consistent method to identify environmental justice communities based on the cumulative effects of socioeconomic factors, pollution burden, and public health; (7) a method described in paragraph (6) is needed to correct for racist and unjust practices leading to historical and current environmental injustices through the targeted investment in environmental justice communities of at least 40 percent of the funds provided for a clean energy transition and other related investments, including transportation infrastructure, housing infrastructure, and water quality infrastructure; (8) funds targeted for environmental justice communities should include set-asides for technical assistance and capacity building for environmental justice communities to access the funds; (9) particular oversight and care are necessary when investing in environmental justice communities to ensure that existing issues are not exacerbated and new issues are not created, particularly issues relating to pollution burden and the displacement of residents; (10) several States, academic institutions, and nonprofit organizations have engaged in cumulative impact environmental justice mapping efforts that can serve as references for a Federal mapping effort; (11) many environmental justice communities, such as communities in ``Cancer Alley'' in the State of Louisiana, have been clearly affected by extreme environmental hazards such that the communities-- (A) are identifiable before the establishment of the tool under subsection (b) of section 5 and the completion of the data gap audit under subsection (d) of that section; and (B) should be eligible for programs targeted toward environmental justice communities that have faced extreme environmental hazards before the establishment of that tool and the completion of that audit; (12) in addition to investment in environmental justice communities, pollution reduction is essential to achieving equitable access to a healthy and clean environment and an equitable energy system; and (13) specific policy and permitting decisions and investments may rely on different combinations of data sets and indicators relating to environmental justice, and race alone may be considered a criterion when assessing the susceptibility of a community to environmental injustice. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Advisory council.--The term ``advisory council'' means the advisory council established under section 4(d)(2)(A). (3) Committee.--The term ``Committee'' means the Environmental Justice Mapping Committee established by section 4(a). (4) Environmental justice.--The term ``environmental justice'' means the fair treatment and meaningful involvement of all people regardless of race, color, culture, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that each person enjoys-- (A) the same degree of protection from environmental and health hazards; and (B) equal access to any Federal agency action relating to the development, implementation, and enforcement of environmental laws, regulations, and policies for the purpose of having a healthy environment in which to live, learn, work, and recreate. (5) Environmental justice community.--The term ``environmental justice community'' means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (6) Ground-truthing.--The term ``ground-truthing'' means a community fact-finding process by which residents of a community supplement technical information with local knowledge for the purpose of better informing policy and project decisions. (7) Relevant stakeholder.--The term ``relevant stakeholder'' means-- (A) a representative of a regional, State, Tribal, or local government agency; (B) a representative of a nongovernmental organization with experience in areas that may include Tribal relations, environmental conservation, city and regional planning, and public health; (C) a representative of a labor union; (D) a representative or member of-- (i) an environmental justice community; or (ii) a community-based organization for an environmental justice community; (E) an individual with expertise in cumulative impacts, geospatial data, and environmental justice, particularly such an individual from an academic or research institution; and (F) an advocate with experience in environmental justice who represents an environmental justice community. SEC. 4. ESTABLISHMENT OF COMMITTEE. (a) In General.--There is established a committee, to be known as the ``Environmental Justice Mapping Committee''. (b) Membership.-- (1) In general.--The Committee shall be composed of not fewer than 1 representative of each of the following: (A) Of the Environmental Protection Agency-- (i) the Office of Air and Radiation; (ii) the Office of Chemical Safety and Pollution Prevention; (iii) the Office of International and Tribal Affairs; (iv) the Office of Land and Emergency Management; (v) the Office of Water; (vi) the Office of Environmental Justice; (vii) the Office of Research and Development; and (viii) the Office of Public Engagement and Environmental Education. (B) The Council on Environmental Quality. (C) Of the Department of Commerce-- (i) the Office of Oceanic and Atmospheric Research, including not fewer than 1 representative of the Climate Program Office; (ii) the Economics and Statistics Administration, including not fewer than 1 representative of the Bureau of Economic Analysis; and (iii) the National Institute of Standards and Technology. (D) Of the Department of Health and Human Services-- (i) the Centers for Disease Control and Prevention, not including the Agency for Toxic Substances and Disease Registry; (ii) the Agency for Toxic Substances and Disease Registry; (iii) the Administration for Children and Families; (iv) of the National Institutes of Health-- (I) the National Institute of Environmental Health Sciences; (II) the National Institute of Mental Health; and (III) the National Institute on Minority Health and Health Disparities; and (v) the Office for Civil Rights. (E) Of the Department of the Interior-- (i) the Bureau of Indian Affairs; (ii) the Office of Civil Rights; and (iii) the United States Geological Survey. (F) The Forest Service. (G) The Department of Housing and Urban Development. (H) The Department of Energy. (I) The Department of Transportation. (J) The Department of Justice. (K) The Federal Energy Regulatory Commission. (L) The Department of the Treasury. (M) Such other Federal departments, agencies, and offices as the Administrator determines to be appropriate, particularly offices relating to public engagement. (2) Selection of representatives.--The head of a department or agency described in paragraph (1) shall, in appointing to the Committee a representative of the department or agency, select a representative-- (A) of a component of the department or agency that is among the components that are the most relevant to the responsibilities of the Committee; or (B) who has expertise in areas relevant to those responsibilities, such as demographic indicators relating to socioeconomic hardship, environmental justice, public engagement, public health, exposure to pollution, future climate and extreme weather mapping, affordable energy, sustainable transportation, and access to water, food, and green space. (3) Co-chairs.-- (A) In general.--The members of the Committee shall select 3 members to serve as co-chairs of the Committee-- (i) 1 of whom shall be a representative of the Environmental Protection Agency; (ii) 1 of whom shall be a representative of the Council on Environmental Quality; and (iii) 1 of whom shall have substantial experience in public engagement. (B) Terms.--Each co-chair shall serve for a term of not more than 3 years. (C) Responsibilities of co-chairs.--The co-chairs of the Committee shall-- (i) determine the agenda of the Committee, in consultation with other members of the Committee; (ii) direct the work of the Committee, including the oversight of a meaningful public engagement process; and (iii) convene meetings of the Committee not less frequently than once each fiscal quarter. (c) Administrative Support.-- (1) In general.--The Administrator shall provide technical and administrative support to the Committee. (2) Funding.--The Administrator may carry out paragraph (1) using, in addition to any amounts made available under section 7, amounts authorized to be appropriated to the Administrator before the date of enactment of this Act and available for obligation as of that date of enactment. (d) Consultation.-- (1) In general.--In carrying out the duties of the Committee, the Committee shall consult with relevant stakeholders. (2) Advisory council.-- (A) In general.--The Committee shall establish an advisory council composed of a balanced proportion of relevant stakeholders, at least \1/2\ of whom shall represent environmental justice communities. (B) Chair.--The advisory council shall be chaired by an environmental justice advocate or other relevant stakeholder with substantial experience in environmental justice. (C) Requirements.--Consultation described in paragraph (1) shall include-- (i) early and regular engagement with the advisory council, including in carrying out public engagement under paragraph (3); and (ii) consideration of the recommendations of the advisory council. (D) Recommendations not used.--If the Committee does not use a recommendation of the advisory council, not later than 60 days after the date on which the Committee receives notice of the recommendation, the Committee shall-- (i) make available to the public on an internet website of the Environmental Protection Agency a written report describing the rationale of the Committee for not using the recommendation; and (ii) submit the report described in clause (i) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives. (E) Outreach.--The advisory council may carry out public outreach activities using amounts made available under section 7 to supplement public engagement carried out by the Committee under paragraph (3). (3) Public engagement.-- (A) In general.--The Committee shall, throughout the process of carrying out the duties of the Committee described in section 5-- (i) meaningfully engage with relevant stakeholders, particularly-- (I) members and representatives of environmental justice communities; (II) environmental justice advocates; and (III) individuals with expertise in cumulative impacts and geospatial data; and (ii) ensure that the input of the stakeholders described in clause (i) is central to the activities of the Committee. (B) Plan.-- (i) In general.--In carrying out subparagraph (A), the Committee shall develop a plan, in consultation with the advisory council, for comprehensive public engagement with, and incorporation of feedback from, environmental justice advocates and members of environmental justice communities. (ii) Strategies to overcome barriers to public engagement.--The plan developed under clause (i) shall include strategies to overcome barriers to public engagement, including-- (I) language barriers; (II) transportation barriers; (III) economic barriers; and (IV) lack of internet access. (iii) Consideration.--In developing the plan under clause (i), the Committee shall consider the diverse and varied experiences of environmental justice communities relating to the scope and types of environmental hazards and socioeconomic injustices. (C) Consultation and solicitation of public comment.-- (i) In general.--In carrying out subparagraph (A), not less frequently than once each fiscal quarter, the Committee shall consult with the advisory council and solicit meaningful public comment, particularly from relevant stakeholders, on the activities of the Committee. (ii) Requirements.--The Committee shall carry out clause (i) through means including-- (I) public notice of a meeting of the Committee occurring during the applicable fiscal quarter, which shall include-- (aa) notice in publications relevant to environmental justice communities; (bb) notification to environmental justice communities through direct means, such as community centers and schools; and (cc) direct outreach to known environmental justice groups; (II) public broadcast of that meeting, including soliciting and receiving comments by virtual means; and (III) public availability of a transcript of that meeting through publication on an accessible website. (iii) Languages.--The Committee shall provide each notice, notification, direct outreach, broadcast, and transcript described in clause (ii) in each language commonly used in the applicable environmental justice community, including through oral interpretation, if applicable. (D) Funding.--Of amounts made available under section 7, the Administrator shall make available to the Committee such sums as are necessary for participation by relevant stakeholders in public engagement under this paragraph, as determined by the Administrator, in consultation with the advisory council. SEC. 5. DUTIES OF COMMITTEE. (a) In General.--The Committee shall-- (1) establish a tool described in subsection (b) to identify environmental justice communities, including the identification of-- (A) criteria to be used in the tool; and (B) a methodology to determine the cumulative impacts of those criteria; (2) assess and address data gaps in accordance with subsection (d); and (3) collect data for the environmental justice data repository established under section 6. (b) Establishment of Tool.-- (1) In general.--The Committee, in consultation with relevant stakeholders and the advisory council, shall establish an interactive, transparent, integrated, and Federal Government-wide tool for assessing and mapping environmental justice communities based on the cumulative impacts of all indicators selected by the Committee to be integrated into the tool. (2) Requirements.--In establishing the tool under paragraph (1), the Committee shall-- (A) integrate into the tool multiple data layers of indicators that fall into categories including-- (i) demographics, particularly relating to socioeconomic hardship and social stressors, such as-- (I) race and ethnicity; (II) low income; (III) high unemployment; (IV) low levels of home ownership; (V) high rent burden; (VI) high transportation burden; (VII) low levels of educational attainment; (VIII) linguistic isolation; (IX) energy insecurity or high utility rate burden; (X) food insecurity; (XI) health insurance status and access to healthcare; and (XII) membership in an Indian Tribe; (ii) public health, particularly data that are indicative of sensitive populations, such as-- (I) rates of asthma; (II) rates of cardiovascular disease; (III) child leukemia or other cancers that correlate with environmental hazards; (IV) low birth weight; (V) maternal mortality; (VI) rates of lead poisoning; and (VII) rates of diabetes; (iii) pollution burdens, such as pollution burdens created by-- (I) toxic chemicals; (II) air pollutants; (III) water pollutants; (IV) soil contaminants; and (V) perfluoroalkyl and polyfluoroalkyl substances; and (iv) environmental effects, such as effects created by proximity to-- (I) risk management plan sites; (II) hazardous waste facilities; (III) sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)); and (IV) fossil fuel infrastructure; (B) investigate how further indicators of vulnerability to the impacts of climate change (including proximity and exposure to sea level rise, wildfire smoke, flooding, drought, rising average temperatures, extreme storms, and extreme heat, and financial burdens from flood and fire insurance) should be incorporated into the tool as an additional set of layers; (C) identify and consider the effects of other indicators relating to environmental justice for integration into the tool as layers, including-- (i) safe, sufficient, and affordable drinking water, sanitation, and stormwater services; (ii) access to and the quality of-- (I) green space and tree canopy cover; (II) healthy food; (III) affordable energy and water; (IV) transportation; (V) reliable communication systems, such as broadband internet; (VI) child care; (VII) high-quality public schools, early childhood education, and child care; and (VIII) heath care facilities; (iii) length of commute; (iv) indoor air quality in multiunit dwellings; (v) mental health; (vi) labor market categories, particularly relating to essential workers; and (vii) each type of utility expense; (D) consider the implementation of specific regional indicators, with the potential-- (i) to create regionally and locally downscaled maps in addition to a national map; (ii) to provide incentives for States to collect data and conduct additional analyses to capture conditions specific to their localities; (iii) to provide resources for and engage in ground-truthing to identify and verify important data with community members; and (iv) to develop companion resources for, and provide technical support to, regional, State, local, or Tribal governments to create their own maps and environmental justice scores with relevant regional, State, local, and Tribal data; (E) identify a methodology to account for the cumulative impacts of all indicators selected by the Committee under subparagraph (A), in addition to other indicators as the Committee determines to be necessary, to provide relative environmental justice scores for regions that are-- (i) as small as practicable to identify communities; and (ii) not larger than a census tract; (F) ensure that the tool is capable of providing maps of environmental justice communities based on environmental justice scores described in subparagraph (E); (G) ensure that users of the tool are able to map available layers together or independently as desired; (H) implement a method for users of the tool to generate a map and environmental justice score based on a subset of indicators, particularly for the purpose of using the tool in addressing various policy needs, permitting processes, and investment goals; (I) make the tool customizable to address specific policy needs, permitting processes, and investment goals; (J) account for conditions that are not captured by the quantitative data used to develop the 1 or more maps and environmental justice scores comprising the tool, by-- (i) developing and executing a plan to perform outreach to relevant communities; and (ii) establishing a mechanism by which communities can self-identify as environmental justice communities to be included in the tool, which may include citing qualitative data on conditions for which quantitative data are lacking, such as cultural loss in Tribal communities; (K) consider that the tool-- (i) will be used across the Federal Government in screening Federal policies, permitting processes, and investments for environmental and climate justice impacts; and (ii) may be used to assess communities for pollution reduction programs; and (L) carry out such other activities as the Committee determines to be appropriate. (c) Transparency and Updates.-- (1) In general.-- (A) Notice and comment.--The Committee shall establish the tool described in subsection (b) after providing notice and an opportunity for public comment. (B) Hearings.--In carrying out subparagraph (A), the Committee shall hold hearings, which shall be time- and language-appropriate, in communities affected by environmental justice issues in geographically disparate States and Tribal areas. (2) Updates.-- (A) Annual updates.--The Committee shall update the tool described in subsection (b) not less frequently than annually to account for data sets that are updated annually. (B) Other updates.--Not less frequently than once every 3 years, the Committee shall-- (i) update the indicators, methodology, or both for the tool described in subsection (b); and (ii) reevaluate data submitted by Federal departments and agencies that is used for the tool. (C) Reports.--After the initial establishment of the tool described in subsection (b) and each update under subparagraph (A) or (B), the Committee shall publish a report describing-- (i) the process for identifying indicators relating to environmental justice in the development of the tool; (ii) the methodology described in subsection (b)(2)(E); and (iii) the use of public input and community engagement in that process. (3) Training tutorials and sessions.-- (A) In general.--The Committee shall-- (i) develop virtual training tutorials and sessions for environmental justice communities for the use of the tool described in subsection (b); and (ii) where practicable, provide in-person training sessions for environmental justice communities for the use of that tool. (B) Languages.--The tutorials and sessions under subparagraph (A) shall be made available in each language commonly used in the applicable environmental justice community. (4) Public availability.-- (A) In general.--The Committee shall make available to the public on an internet website of the Environmental Protection Agency-- (i) the tool described in subsection (b); (ii) each update under subparagraphs (A) and (B) of paragraph (2); (iii) each report under paragraph (2)(C); and (iv) the training tutorials and sessions developed under paragraph (3)(A)(i). (B) Accessibility.--The Committee shall make the tool, updates, and reports described in subparagraph (A) accessible to the public by publication in relevant languages and with accessibility functions, as appropriate. (C) Requirement.--In carrying out subparagraph (A)(i), the Committee shall take measures to prevent the tool from being misused to discriminate against environmental justice communities, such as by providing safeguards against the use of downscaled data that may enable the identification of individuals. (d) Data Gap Audit.-- (1) In general.--In establishing the tool described in subsection (b), the Committee shall direct relevant Federal departments and agencies to conduct an audit of data collected by the department or agency to identify any data that are relevant to environmental justice concerns, including data relating to-- (A) public health metrics; (B) toxic chemicals; (C) socioeconomic demographics; (D) air quality; (E) water quality; and (F) killings of individuals by law enforcement officers. (2) Requirements.--An audit described in paragraph (1) shall-- (A) examine the granularity and accessibility of the data; (B) address the need for improved air quality monitoring; and (C) include recommendations to other Federal departments and agencies on means to improve the quality, granularity, and transparency of, and public involvement in, data collection and dissemination. (3) Improvements.--The Committee shall direct a Federal department or agency, in conducting an audit under paragraph (1), to address gaps in existing data collection that will assist the Committee in establishing and operating the tool described in subsection (b), including by providing to the department or agency-- (A) benchmarks to meet in addressing the gaps; (B) instructions for consistency in data formatting that will allow for inclusion of data in the environmental justice data repository described in section 6; and (C) best practices for collecting data in collaboration with local organizations and partners, such as engaging in ground-truthing. (4) Reports.--Not later than 180 days after a Federal department or agency has conducted an audit under paragraph (1), the Committee shall-- (A) make available to the public on an internet website of the Environmental Protection Agency a report describing the findings and conclusions of the audit, including the progress made by the Federal department or agency in addressing environmental justice data gaps; and (B) submit the report described in subparagraph (A) to-- (i) the Committee on Environment and Public Works of the Senate; (ii) the Committee on Health, Education, Labor, and Pensions of the Senate; (iii) the Committee on Energy and Commerce of the House of Representatives; and (iv) the Committee on Education and Labor of the House of Representatives. SEC. 6. ENVIRONMENTAL JUSTICE DATA REPOSITORY. (a) In General.--The Administrator shall establish an environmental justice data repository to maintain-- (1) the data collected by the Committee through the establishment of the tool described in section 5(b) and the audits conducted under section 5(d)(1); and (2) any subnational data collected under subsection (c)(2). (b) Updates.--The Administrator shall update the data in the data repository described in subsection (a) as frequently as practicable, including every year if practicable, but not less frequently than once every 3 years. (c) Availability; Inclusion of Subnational Data.--The Administrator-- (1) shall make the data repository described in subsection (a) available to regional, State, local, and Tribal governments; and (2) may collaborate with the governments described in paragraph (1) to include within that data repository subnational data in existence before the establishment of the tool described in section 5(b) and the completion of the audits under section 5(d)(1). (d) Requirement.--The Administrator shall take measures to prevent the data in the data repository described in subsection (a) from being misused to discriminate against environmental justice communities, such as by providing safeguards against the use of downscaled data that may enable the identification of individuals. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator to carry out this Act, including any necessary administrative costs of the Committee-- (1) $20,000,000 for each of fiscal years 2021 and 2022; and (2) $18,000,000 for each of fiscal years 2023 through 2025. SEC. 8. EFFECT. Nothing in any provision of this Act relating to the tool described in section 5(b) prohibits a State from developing a map relating to environmental justice or pollution burden that relies on different data, or analyzes data differently, than that tool. all
H.R. 517 (Introduced in House) - Employee Bonus Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr517ih/html/BILLS-117hr517ih.htm	DOC 117th CONGRESS 1st Session H. R. 517 To amend the Fair Labor Standards Act of 1938 to provide that an employee's ``regular rate'' for purposes of calculating overtime compensation will not be affected by certain additional payments. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Calvert introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to provide that an employee's ``regular rate'' for purposes of calculating overtime compensation will not be affected by certain additional payments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Bonus Protection Act''. SEC. 2. REGULAR RATE FOR OVERTIME PURPOSES. Section 7(e) of the Fair Labor Standards Act of 1938 is amended-- (1) by inserting before the semicolon at the end of paragraph (3) the following: ``; or (d) the payments are made to reward an employee or group of employees for meeting or exceeding the productivity, quality, efficiency, or sales goals as specified in a gainsharing plan, incentive bonus plan, commission plan, or performance contingent bonus plan''; and (2) by adding at the end the following: ``A plan described in clause (d) of paragraph (3) shall be in writing and made available to employees, provided that the amount of the payments to be made under the plan be based upon a formula that is stated in the plan, and be established and maintained in good faith for the purpose of distributing to employees additional remuneration over and above the wages and salaries that are not dependent upon the existence of such plan or payments made pursuant to such plan.''. all
H.R. 518 (Introduced in House) - Strengthening Youth Apprenticeships Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr518ih/html/BILLS-117hr518ih.htm	DOC 117th CONGRESS 1st Session H. R. 518 To direct the Secretary of Labor to award grants to eligible entities to carry out or expand youth apprenticeship programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Castro of Texas (for himself and Ms. Spanberger) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to award grants to eligible entities to carry out or expand youth apprenticeship programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Youth Apprenticeships Act of 2021''. SEC. 2. INTERAGENCY AGREEMENT. (a) In General.--Not later than 1 year after the effective date of the Strengthening Youth Apprenticeships Act of 2021, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary (acting through the Administrator) shall-- (1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2) submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of Senate, such agreement and any modifications to such agreement. (b) Alignment for Youth Apprenticeships.--In order to promote alignment between youth apprenticeship programs and high school graduation requirements, the interagency agreement under subsection (a) shall describe how the Secretaries will work to provide-- (1) information and resources to-- (A) parents and students to promote a better understanding of programs under the national apprenticeship system and their value in secondary and postsecondary education and career pathways by not later than middle school; and (B) school leaders (working with academic counselors, teachers, and faculty) about the value of such programs and information on how to effectively align youth apprenticeship programs with secondary and career and technical education programs; and (2) technical assistance on how to-- (A) align related instruction and apprenticeable occupation skills and competencies to high school graduation requirements; (B) offer related instruction through dual and concurrent enrollment programs and other accelerated learning programs, as described in section 4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)); (C) facilitate transitions for youth apprentices who have completed their youth apprenticeships into further education, including an associate, baccalaureate, or advanced degree, and related apprenticeship opportunities; and (D) align activities carried out under this Act with eligible funding from, and planning processes, for the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973, and the Higher Education Act of 1965. SEC. 3. GRANT PROGRAM AUTHORIZED. (a) In General.--From the amounts appropriated under section 7, the Secretary of Labor, in consultation with the Secretary of Education, shall award grants to eligible entities to create or expand youth apprenticeship programs. (b) Priority.--In awarding grants under this Act, the Secretary shall prioritize eligible entities that will use the grant to carry out or expand youth apprenticeship programs for individuals that include nontraditional apprenticeship populations. (c) Geographic Distribution.--In awarding grants under this subsection, the Secretary shall, to the extent practicable, ensure an equitable geographic distribution of grants, including an equitable distribution among States, within States, and to urban and rural areas. SEC. 4. APPLICATIONS. An eligible entity desiring to receive a grant under this Act shall submit an application to the Secretary, at such time, in such manner, and which shall include the following: (1) How the youth apprenticeship program the eligible entity will expand or carry out using the grant will meet the best practices and joint guidance developed under section 2. (2) How such program will be aligned with and fulfill the indicators described in section 6(a). (3) How such program will prepare individuals for work in high-skill, high-wage, or in-demand industry sectors or occupations. (4) How such program will recruit and retain to ensure that non-traditional apprenticeship populations participate in such program. (5) How such program will, to the extent practicable, align with high school diploma requirements and career cluster. (6) The ability of the applicant, directly or through partners to enroll, instruct, advance, and graduate youth apprentices served by the grant activities, and enable the participants to enroll in further education, gain employment after program completion. (7) An assurance that the eligible entity will-- (A) provide information to the Administrator, as requested, for any such evaluations as the Administrator may carry out; (B) make program performance outcome data available (in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g)) to independent evaluators to enable the evaluators to prepare the evaluations and reports under section 6; and (C) coordinate grant activities with a State Apprenticeship Agency, if such agency exists in the State where the eligible entity is applying for a grant or carrying out activities. SEC. 5. GRANT USES OF FUNDS. (a) In General.--An eligible entity that receives a grant under this Act shall use the grant funds that are not reserved under subsection (b) to carry out or expand a youth apprenticeship program, which may include using the grant funds for 1 or more of the following: (1) Recruitment, retention, and completion of such program. (2) Program alignment with the challenging State academic standards adopted by the State in which the program will be expanded or carried out under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)) with the technical skills and career competencies that are applicable to and transferable to high-skill, high- wage, or in-demand industry sectors or occupations. (3) Paying for the costs associated with curriculum development and alignment of that curriculum with industry- recognized credentials, high school graduation requirements, and related instruction, including curriculum development for dual or concurrent enrollment. (4) Facilitating or expanding partnerships with a community college or consortium of community colleges to help with transferability of credits and the increased use of dual and concurrent enrollment programs. (5) Engaging employers for participation in youth apprenticeship programs, which may include: (A) Creating and expanding industry or sector partnerships for the purpose of supporting new program development or program expansion. (B) Providing employers technical assistance to support the participation of youth apprentices under the age of 18. (C) Providing technical assistance to support the participation of small- and medium-sized businesses in youth apprenticeship programs. (6) Providing supportive services and career planning activities, including career exploration of postsecondary opportunities such as apprenticeship programs, for the participants of the youth apprenticeship program, which may include-- (A) promoting the early exposure of students to the opportunities and requirements of apprenticeship programs; (B) creating opportunities for students to explore a career and develop occupational skills while in high school; and (C) supporting the costs associated with fees, transportation, child care, or mobility challenges. (7) Providing teachers, career guidance and academic counselors, school leaders, administrators, specialized instructional support personnel, and paraprofessionals with professional development opportunities to build an understanding of apprenticeship opportunities available to students, including experiential opportunities like externships. (b) Reservation of Funds.--An eligible entity that receives a grant under this Act shall reserve not less than 5 percent of the grant funds to provide direct financial assistance for recruitment, retention, and completion efforts with respect to the youth apprenticeship program, such as housing, transportation, childcare, food insecurity, and health issues. SEC. 6. EVALUATION. (a) In General.--Each eligible entity receiving a grant under this Act shall submit, on an annual basis, to the Secretary a performance report with respect to the participants of the youth apprenticeship program receiving assistance under this Act that measures-- (1) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program; (2) the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; (3) the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; (4) the percentage of program participants who obtain, during participation in or within 1 year after exit from the program-- (A) a recognized postsecondary credential; or (B) a secondary school diploma or its recognized equivalent, as measured by-- (i) the four-year adjusted cohort graduation rate (defined in section 8101 of the Elementary and Secondary Education Act of 1965); and (ii) at the State's discretion, the extended-year adjusted cohort graduation rate defined in such section 8101; and (5) the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and (6) the percentage of program participants who are in employment, an apprenticeship, or other education and training activities in an industry sector or occupation for which the youth apprenticeship program provides preparation. (b) Disaggregation.--Each performance report submitted under subsection (a) shall be disaggregated by race, ethnicity, sex, age, and membership in a population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2022 and each of the 4 succeeding fiscal years. SEC. 8. DEFINITIONS. In this Act: (1) Apprenticeship program.--The term ``apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Community college.--The term ``community college'' means a public institution of higher education at which the highest degree awarded is an associate's degree. (3) Eligible entity.--The term ``eligible entity'' means a partnership that-- (A) shall include-- (i) 1 or more of the entities listed in clauses (i) through (iv) or clause (vii) of section 3(19)(A) of Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302(19)(A)); and (ii) 1 or more community colleges; and (B) to the extent practicable, shall include-- (i) a State or local board; (ii) an industry or sector partnership; (iii) a community-based organization; and (iv) the State Apprenticeship Agency, if such agency exists in the State in which the grant is awarded. (4) ESEA terms.--The terms ``dual or concurrent enrollment program'', ``English learner'', ``high school'', ``local educational agency'', and ``secondary school'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (6) Non-traditional apprenticeship populations.--The term ``non-traditional apprenticeship populations'' means individuals who are of a gender or from a race or ethnicity that comprises less than 25 percent of the individuals participating in apprenticeship programs. (7) WIOA terms.--The terms ``local board'', ``community- based organization'', ``in-demand industry sector or occupation'', and ``industry or sector partnership'' have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (8) Youth apprenticeship program.--The term ``youth apprenticeship program'' means a program designed for youth apprentices who at the start of the program are enrolled in high school and which includes each of the following core elements: (A) The employment and training to be received by each youth apprentice participating in the program, including-- (i) an outline of the work processes or plan in which the youth apprentice will receive supervised work experience and training on the job or in an experiential setting; (ii) the allocation of the approximate amount of time to be spent in each major work process; (iii) mentoring that will be provided to the youth apprentice; and (iv) a description or timeline explaining the periodic reviews and evaluations of the youth apprentice's performance on the job and in related instruction. (B) A process for maintaining appropriate progress records, including the evaluations described in section 6. (C) Related classroom-based instruction, which may be fulfilled through dual or concurrent enrollment, and is, to the extent practicable, aligned with high school diploma requirements and career clusters. (D) A progressively increasing, clearly defined schedule of wages to be paid to the youth apprentice. (E) Provides all individuals with an equal opportunity to participate in youth apprenticeships under the program, including through the method for the selection of youth apprentices. (F) The methods used to measure skill acquisition for an apprentice, including ongoing assessment against established skill and competency standards, established against skill and competency standards. (G) Prepares the youth apprentice for placement in further education, employment, or an apprenticeship program. (H) The program-- (i) has adequate and safe equipment, environments, and facilities for training and supervision; (ii) provides safety training on-the-job and in related instruction as applicable by apprenticeable occupation; and (iii) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. (I) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and culminates in a recognized postsecondary credential. (J) The program provides that an individual who is to become a youth apprentice enters into a written apprenticeship agreement with the sponsor of the program. all
H.R. 519 (Introduced in House) - Safeguarding Oil and Gas Leasing and Permitting Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr519ih/html/BILLS-117hr519ih.htm	DOC 117th CONGRESS 1st Session H. R. 519 To provide that an order or other action by the President, Secretary of the Interior, or Department of the Interior official imposing a moratorium on Federal oil and gas leasing or permitting shall not take effect unless a joint resolution of approval is enacted, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Cheney (for herself, Mr. Fleischmann, Mr. Perry, Mr. Newhouse, Mr. Thompson of Pennsylvania, Mr. Mullin, Mr. McKinley, Mr. Reschenthaler, Mr. Kelly of Pennsylvania, Mr. Buck, Mr. Burgess, Mr. Jackson, Mr. Latta, Mr. Mann, Mr. Wright, Mr. Estes, Mr. Stauber, Mr. Joyce of Pennsylvania, Mr. Allen, Mr. Mooney, Mr. Meuser, and Mr. Fallon) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To provide that an order or other action by the President, Secretary of the Interior, or Department of the Interior official imposing a moratorium on Federal oil and gas leasing or permitting shall not take effect unless a joint resolution of approval is enacted, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Oil and Gas Leasing and Permitting Act of 2021''. SEC. 2. CONGRESSIONAL APPROVAL FOR ANY ORDER IMPOSING A MORATORIUM ON FEDERAL OIL AND GAS LEASING AND PERMITTING. Any order or other action by the President, Secretary of the Interior, or Department of Interior official with delegated authority that has the effect of placing the Bureau of Land Management in violation of its statutory requirements to process permits, approve permits within permitting deadlines, and hold quarterly lease sales, with respect to Federal oil and gas leasing and permitting, shall have no force or effect unless-- (1) the proposed order or action is submitted to Congress; and (2) a joint resolution that approves the order or action is enacted within 30 legislative days after receipt of such proposed order or action. all
H.R. 51 (Engrossed in House) - Washington, D.C. Admission Act	https://www.govinfo.gov/content/pkg/BILLS-117hr51eh/html/BILLS-117hr51eh.htm	DOC 117th CONGRESS 1st Session H. R. 51 _______________________________________________________________________ AN ACT To provide for the admission of the State of Washington, D.C. into the Union. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Washington, D.C. Admission Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Election of Senators and Representative. Sec. 103. Issuance of presidential proclamation. Subtitle B--Seat of Government of the United States Sec. 111. Territory and boundaries. Sec. 112. Description of Capital. Sec. 113. Retention of title to property. Sec. 114. Effect of admission on current laws of seat of Government of United States. Sec. 115. Capital National Guard. Sec. 116. Termination of legal status of seat of Government of United States as municipal corporation. Subtitle C--General Provisions Relating to Laws of State Sec. 121. Effect of admission on current laws. Sec. 122. Pending actions and proceedings. Sec. 123. Limitation on authority to tax Federal property. Sec. 124. United States nationality. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property Sec. 201. Treatment of military lands. Sec. 202. Waiver of claims to Federal property. Subtitle B--Federal Courts Sec. 211. Residency requirements for certain Federal officials. Sec. 212. Renaming of Federal courts. Sec. 213. Conforming amendments relating to Department of Justice. Sec. 214. Treatment of pretrial services in United States District Court. Subtitle C--Federal Elections Sec. 221. Permitting individuals residing in Capital to vote in Federal elections in State of most recent domicile. Sec. 222. Repeal of Office of District of Columbia Delegate. Sec. 223. Repeal of law providing for participation of seat of government in election of President and Vice-President. Sec. 224. Expedited procedures for consideration of constitutional amendment repealing 23rd Amendment. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits Sec. 301. Federal benefit payments under certain retirement programs. Sec. 302. Continuation of Federal civil service benefits for employees first employed prior to establishment of District of Columbia merit personnel system. Sec. 303. Obligations of Federal Government under judges' retirement program. Subtitle B--Agencies Sec. 311. Public Defender Service. Sec. 312. Prosecutions. Sec. 313. Service of United States Marshals. Sec. 314. Designation of felons to facilities of Bureau of Prisons. Sec. 315. Parole and supervision. Sec. 316. Courts. Subtitle C--Other Programs and Authorities Sec. 321. Application of the College Access Act. Sec. 322. Application of the Scholarships for Opportunity and Results Act. Sec. 323. Medicaid Federal medical assistance percentage. Sec. 324. Federal planning commissions. Sec. 325. Role of Army Corps of Engineers in supplying water. Sec. 326. Requirements to be located in District of Columbia. TITLE IV--GENERAL PROVISIONS Sec. 401. General definitions. Sec. 402. Statehood Transition Commission. Sec. 403. Certification of enactment by President. Sec. 404. Severability. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission SEC. 101. ADMISSION INTO THE UNION. (a) In General.--Subject to the provisions of this Act, upon the issuance of the proclamation required by section 103(a), the State of Washington, Douglass Commonwealth is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of State.--The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States or the principles of the Declaration of Independence. (c) Nonseverability.--If any provision of this section, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall be treated as invalid. SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE. (a) Issuance of Proclamation.-- (1) In general.--Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 403, the Mayor shall issue a proclamation for the first elections for 2 Senators and one Representative in Congress from the State, subject to the provisions of this section. (2) Special rule for elections of senators.--In the elections of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators shall be assigned. (b) Rules for Conducting Elections.-- (1) In general.--The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election, and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified voters of the District of Columbia in the manner required by the laws of the District of Columbia. (2) Certification of results.--Election results shall be certified in the manner required by the laws of the District of Columbia, except that the Mayor shall also provide written certification of the results of such elections to the President. (c) Assumption of Duties.--Upon the admission of the State into the Union, the Senators and Representative elected at the elections described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of the other States in Congress. (d) Effect of Admission on House of Representatives Membership.-- (1) Permanent increase in number of members.--Effective with respect to the Congress during which the State is admitted into the Union and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the State. (2) Initial number of representatives for state.--Until the taking effect of the first apportionment of Members occurring after the admission of the State into the Union, the State shall be entitled to one Representative in the House of Representatives upon its admission into the Union. (3) Apportionment of members resulting from admission of state.-- (A) Apportionment.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``436 Representatives''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to the first regular decennial census conducted after the admission of the State into the Union and each subsequent regular decennial census. SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION. (a) In General.--The President, upon the certification of the results of the elections of the officers required to be elected as provided in section 102(a), shall, not later than 90 days after receiving such certification pursuant to section 102(b)(2), issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of State Upon Issuance of Proclamation.--Upon the issuance of the proclamation by the President under subsection (a), the State shall be declared admitted into the Union as provided in section 101(a). Subtitle B--Seat of Government of the United States SEC. 111. TERRITORY AND BOUNDARIES. (a) In General.--Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the metes and bounds survey conducted under subsection (c). (b) Exclusion of Portion Remaining as Seat of Government of United States.--The territory of the State shall not include the area described in section 112, which shall be known as the ``Capital'' and shall serve as the seat of the Government of the United States, as provided in clause 17 of section 8 of article I of the Constitution of the United States. (c) Metes and Bounds Survey.--Not later than 180 days after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a metes and bounds survey of the Capital, as described in section 112(b). SEC. 112. DESCRIPTION OF CAPITAL. (a) In General.--Subject to subsection (c), upon the admission of the State into the Union, the Capital shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building (as such terms are used in section 8501(a) of title 40, United States Code). (b) General Description.--Upon the admission of the State into the Union, the boundaries of the Capital shall be as follows: Beginning at the intersection of the southern right-of-way of F Street NE and the eastern right-of-way of 2nd Street NE; (1) thence south along said eastern right-of-way of 2nd Street NE to its intersection with the northeastern right-of- way of Maryland Avenue NE; (2) thence southwest along said northeastern right-of-way of Maryland Avenue NE to its intersection with the northern right-of-way of Constitution Avenue NE; (3) thence west along said northern right-of-way of Constitution Avenue NE to its intersection with the eastern right-of-way of 1st Street NE; (4) thence south along said eastern right-of-way of 1st Street NE to its intersection with the southeastern right-of- way of Maryland Avenue NE; (5) thence northeast along said southeastern right-of-way of Maryland Avenue NE to its intersection with the eastern right-of-way of 2nd Street SE; (6) thence south along said eastern right-of-way of 2nd Street SE to the eastern right-of-way of 2nd Street SE; (7) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the northern property boundary of the property designated as Square 760 Lot 803; (8) thence east along said northern property boundary of Square 760 Lot 803 to its intersection with the western right- of-way of 3rd Street SE; (9) thence south along said western right-of-way of 3rd Street SE to its intersection with the northern right-of-way of Independence Avenue SE; (10) thence west along said northern right-of-way of Independence Avenue SE to its intersection with the northwestern right-of-way of Pennsylvania Avenue SE; (11) thence northwest along said northwestern right-of-way of Pennsylvania Avenue SE to its intersection with the eastern right-of-way of 2nd Street SE; (12) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the southern right-of-way of C Street SE; (13) thence west along said southern right-of-way of C Street SE to its intersection with the eastern right-of-way of 1st Street SE; (14) thence south along said eastern right-of-way of 1st Street SE to its intersection with the southern right-of-way of D Street SE; (15) thence west along said southern right-of-way of D Street SE to its intersection with the eastern right-of-way of South Capitol Street; (16) thence south along said eastern right-of-way of South Capitol Street to its intersection with the northwestern right- of-way of Canal Street SE; (17) thence southeast along said northwestern right-of-way of Canal Street SE to its intersection with the southern right- of-way of E Street SE; (18) thence east along said southern right-of-way of said E Street SE to its intersection with the western right-of-way of 1st Street SE; (19) thence south along said western right-of-way of 1st Street SE to its intersection with the southernmost corner of the property designated as Square 736S Lot 801; (20) thence west along a line extended due west from said corner of said property designated as Square 736S Lot 801 to its intersection with the southwestern right-of-way of New Jersey Avenue SE; (21) thence southeast along said southwestern right-of-way of New Jersey Avenue SE to its intersection with the northwestern right-of-way of Virginia Avenue SE; (22) thence northwest along said northwestern right-of-way of Virginia Avenue SE to its intersection with the western right-of-way of South Capitol Street; (23) thence north along said western right-of-way of South Capitol Street to its intersection with the southern right-of- way of E Street SW; (24) thence west along said southern right-of-way of E Street SW to its end; (25) thence west along a line extending said southern right-of-way of E Street SW westward to its intersection with the eastern right-of-way of 2nd Street SW; (26) thence north along said eastern right-of-way of 2nd Street SW to its intersection with the southwestern right-of- way of Virginia Avenue SW; (27) thence northwest along said southwestern right-of-way of Virginia Avenue SW to its intersection with the western right-of-way of 3rd Street SW; (28) thence north along said western right-of-way of 3rd Street SW to its intersection with the northern right-of-way of D Street SW; (29) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 4th Street SW; (30) thence north along said eastern right-of-way of 4th Street SW to its intersection with the northern right-of-way of C Street SW; (31) thence west along said northern right-of-way of C Street SW to its intersection with the eastern right-of-way of 6th Street SW; (32) thence north along said eastern right-of-way of 6th Street SW to its intersection with the northern right-of-way of Independence Avenue SW; (33) thence west along said northern right-of-way of Independence Avenue SW to its intersection with the western right-of-way of 12th Street SW; (34) thence south along said western right-of-way of 12th Street SW to its intersection with the northern right-of-way of D Street SW; (35) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 14th Street SW; (36) thence south along said eastern right-of-way of 14th Street SW to its intersection with the northeastern boundary of the Consolidated Rail Corporation railroad easement; (37) thence southwest along said northeastern boundary of the Consolidated Rail Corporation railroad easement to its intersection with the eastern shore of the Potomac River; (38) thence generally northwest along said eastern shore of the Potomac River to its intersection with a line extending westward the northern boundary of the property designated as Square 12 Lot 806; (39) thence east along said line extending westward the northern boundary of the property designated as Square 12 Lot 806 to the northern property boundary of the property designated as Square 12 Lot 806, and continuing east along said northern boundary of said property designated as Square 12 Lot 806 to its northeast corner; (40) thence east along a line extending east from said northeast corner of the property designated as Square 12 Lot 806 to its intersection with the western boundary of the property designated as Square 33 Lot 87; (41) thence south along said western boundary of the property designated as Square 33 Lot 87 to its intersection with the northwest corner of the property designated as Square 33 Lot 88; (42) thence counter-clockwise around the boundary of said property designated as Square 33 Lot 88 to its southeast corner, which is along the northern right-of-way of E Street NW; (43) thence east along said northern right-of-way of E Street NW to its intersection with the western right-of-way of 18th Street NW; (44) thence south along said western right-of-way of 18th Street NW to its intersection with the southwestern right-of- way of Virginia Avenue NW; (45) thence southeast along said southwestern right-of-way of Virginia Avenue NW to its intersection with the northern right-of-way of Constitution Avenue NW; (46) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the eastern right-of-way of 17th Street NW; (47) thence north along said eastern right-of-way of 17th Street NW to its intersection with the southern right-of-way of H Street NW; (48) thence east along said southern right-of-way of H Street NW to its intersection with the northwest corner of the property designated as Square 221 Lot 35; (49) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 35 to its southeast corner, which is along the boundary of the property designated as Square 221 Lot 37; (50) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 37 to its southwest corner, which it shares with the property designated as Square 221 Lot 818; (51) thence south along the boundary of said property designated as Square 221 Lot 818 to its southwest corner, which it shares with the property designated as Square 221 Lot 40; (52) thence south along the boundary of said property designated as Square 221 Lot 40 to its southwest corner; (53) thence east along the southern border of said property designated as Square 221 Lot 40 to its intersection with the northwest corner of the property designated as Square 221 Lot 820; (54) thence south along the western boundary of said property designated as Square 221 Lot 820 to its southwest corner, which it shares with the property designated as Square 221 Lot 39; (55) thence south along the western boundary of said property designated as Square 221 Lot 39 to its southwest corner, which is along the northern right-of-way of Pennsylvania Avenue NW; (56) thence east along said northern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 15th Street NW; (57) thence south along said western right-of-way of 15th Street NW to its intersection with a line extending northwest from the southern right-of-way of the portion of Pennsylvania Avenue NW north of Pershing Square; (58) thence southeast along said line extending the southern right-of-way of Pennsylvania Avenue NW to the southern right-of-way of Pennsylvania Avenue NW, and continuing southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 14th Street NW; (59) thence south along said western right-of-way of 14th Street NW to its intersection with a line extending west from the southern right-of-way of D Street NW; (60) thence east along said line extending west from the southern right-of-way of D Street NW to the southern right-of- way of D Street NW, and continuing east along said southern right-of-way of D Street NW to its intersection with the eastern right-of-way of 13\1/2\ Street NW; (61) thence north along said eastern right-of-way of 13\1/ 2\ Street NW to its intersection with the southern right-of-way of Pennsylvania Avenue NW; (62) thence east and southeast along said southern right- of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 12th Street NW; (63) thence south along said western right-of-way of 12th Street NW to its intersection with a line extending to the west the southern boundary of the property designated as Square 324 Lot 809; (64) thence east along said line to the southwest corner of said property designated as Square 324 Lot 809, and continuing northeast along the southern boundary of said property designated as Square 324 Lot 809 to its eastern corner, which it shares with the property designated as Square 323 Lot 802; (65) thence east along the southern boundary of said property designated as Square 323 Lot 802 to its southeast corner, which it shares with the property designated as Square 324 Lot 808; (66) thence counter-clockwise around the boundary of said property designated as Square 324 Lot 808 to its northeastern corner, which is along the southern right-of-way of Pennsylvania Avenue NW; (67) thence southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the eastern right-of-way of 4th Street NW; (68) thence north along a line extending north from said eastern right-of-way of 4th Street NW to its intersection with the southern right-of-way of C Street NW; (69) thence east along said southern right-of-way of C Street NW to its intersection with the eastern right-of-way of 3rd Street NW; (70) thence north along said eastern right-of-way of 3rd Street NW to its intersection with the southern right-of-way of D Street NW; (71) thence east along said southern right-of-way of D Street NW to its intersection with the western right-of-way of 1st Street NW; (72) thence south along said western right-of-way of 1st Street NW to its intersection with the northern right-of-way of C Street NW; (73) thence west along said northern right-of-way of C Street NW to its intersection with the western right-of-way of 2nd Street NW; (74) thence south along said western right-of-way of 2nd Street NW to its intersection with the northern right-of-way of Constitution Avenue NW; (75) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (76) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the southwestern right-of-way of New Jersey Avenue NW; (77) thence northwest along said southwestern right-of-way of New Jersey Avenue NW to its intersection with the northern right-of-way of D Street NW; (78) thence east along said northern right-of-way of D Street NW to its intersection with the northeastern right-of- way of Louisiana Avenue NW; (79) thence northeast along said northwestern right-of-way of Louisiana Avenue NW to its intersection with the western right-of-way of North Capitol Street; (80) thence north along said western right-of-way of North Capitol Street to its intersection with the southwestern right- of-way of Massachusetts Avenue NW; (81) thence southeast along said southwestern right-of-way of Massachusetts Avenue NW to the southwestern right-of-way of Massachusetts Avenue NE; (82) thence southeast along said southwestern right-of-way of Massachusetts Avenue NE to the southern right-of-way of Columbus Circle NE; (83) thence counter-clockwise along said southern right-of- way of Columbus Circle NE to its intersection with the southern right-of-way of F Street NE; and (84) thence east along said southern right-of-way of F Street NE to the point of beginning. (c) Exclusion of Building Serving as State Capitol.-- Notwithstanding any other provision of this section, after the admission of the State into the Union, the Capital shall not be considered to include the building known as the ``John A. Wilson Building'', as described and designated under section 601(a) of the Omnibus Spending Reduction Act of 1993 (sec. 10-1301(a), D.C. Official Code). (d) Clarification of Treatment of Frances Perkins Building.--The entirety of the Frances Perkins Building, including any portion of the Building which is north of D Street Northwest, shall be included in the Capital. SEC. 113. RETENTION OF TITLE TO PROPERTY. (a) Retention of Federal Title.--The United States shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the United States holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. (b) Retention of State Title.--The State shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the District of Columbia holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF UNITED STATES. Except as otherwise provided in this Act, the laws of the District of Columbia which are in effect on the day before the date of the admission of the State into the Union (without regard to whether such laws were enacted by Congress or by the District of Columbia) shall apply in the Capital in the same manner and to the same extent beginning on the date of the admission of the State into the Union, and shall be deemed laws of the United States which are applicable only in or to the Capital. SEC. 115. CAPITAL NATIONAL GUARD. (a) Establishment.--Title 32, United States Code, is amended as follows: (1) Definitions.--In paragraphs (4), (6), and (19) of section 101, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (2) Branches and organizations.--In section 103, by striking ``District of Columbia'' and inserting ``Capital''. (3) Units: location; organization; command.--In subsections (c) and (d) of section 104, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (4) Availability of appropriations.--In section 107(b), by striking ``District of Columbia'' and inserting ``Capital''. (5) Maintenance of other troops.--In subsections (a), (b), and (c) of section 109, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (6) Drug interdiction and counter-drug activities.--In section 112(h)-- (A) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (B) in paragraph (2), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (7) Enlistment oath.--In section 304, by striking ``District of Columbia'' and inserting ``Capital''. (8) Adjutants general.--In section 314, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (9) Detail of regular members of army and air force to duty with national guard.--In section 315, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (10) Discharge of officers; termination of appointment.--In section 324(b), by striking ``District of Columbia'' and inserting ``Capital''. (11) Relief from national guard duty when ordered to active duty.--In subsections (a) and (b) of section 325, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (12) Courts-martial of national guard not in federal service: composition, jurisdiction, and procedures; convening authority.--In sections 326 and 327, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (13) Active guard and reserve duty: governor's authority.-- In section 328(a), by striking ``District of Columbia'' and inserting ``Capital''. (14) Training generally.--In section 501(b), by striking ``District of Columbia'' and inserting ``Capital''. (15) Participation in field exercises.--In section 503(b), by striking ``District of Columbia'' and inserting ``Capital''. (16) National guard schools and small arms competitions.-- In section 504(b), by striking ``District of Columbia'' and inserting ``Capital''. (17) Army and air force schools and field exercises.--In section 505, by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (18) National guard youth challenge program.--In subsections (c)(1), (g)(2), (j), (k), and (l)(1) of section 509, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (19) Issue of supplies.--In section 702-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsections (b), (c), and (d), by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (20) Purchases of supplies from army or air force.--In subsections (a) and (b) of section 703, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (21) Accountability: relief from upon order to active duty.--In section 704, by striking ``District of Columbia'' and inserting ``Capital''. (22) Property and fiscal officers.--In section 708-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsection (d), by striking ``District of Columbia'' and inserting ``Capital''. (23) Accountability for property issued to the national guard.--In subsections (c), (d), (e), and (f) of section 710, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (24) Disposition of obsolete or condemned property.--In section 711, by striking ``District of Columbia'' and inserting ``Capital''. (25) Disposition of proceeds of condemned stores issued to national guard.--In paragraph (1) of section 712, by striking ``District of Columbia'' and inserting ``Capital''. (26) Property loss; personal injury or death.--In section 715(c), by striking ``District of Columbia'' and inserting ``Capital''. (b) Conforming Amendments.-- (1) Capital defined.-- (A) In general.--Section 101 of title 32, United States Code, is amended by adding at the end the following new paragraph: ``(20) `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (B) With regards to homeland defense activities.-- Section 901 of title 32, United States Code, is amended-- (i) in paragraph (2), by striking ``District of Columbia'' and inserting ``Capital''; and (ii) by adding at the end the following new paragraph: ``(3) The term `Governor' means, with respect to the Capital, the commanding general of the Capital National Guard.''. (2) Title 10, united states code.--Title 10, United States Code, is amended as follows: (A) Definitions.--In section 101-- (i) in subsection (a), by adding at the end the following new paragraph: ``(19) The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''; (ii) in paragraphs (2) and (4) of subsection (c), by striking ``District of Columbia'' both places it appears and inserting ``Capital''; and (iii) in subsection (d)(5), by striking ``District of Columbia'' and inserting ``Capital''. (B) Disposition on discharge.--In section 771a(c), by striking ``District of Columbia'' and inserting ``Capital''. (C) TRICARE coverage for certain members of the national guard and dependents during certain disaster response duty.--In section 1076f-- (i) in subsections (a) and (c)(1), by striking ``with respect to the District of Columbia, the mayor of the District of Columbia'' both places it appears and inserting ``with respect to the Capital, the commanding general of the Capital National Guard''; and (ii) in subsection (c)(2), by striking ``District of Columbia'' and inserting ``Capital''. (D) Payment of claims: availability of appropriations.--In paragraph (2)(B) of section 2732, by striking ``District of Columbia'' and inserting ``Capital''. (E) Members of army national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 7401(c), by striking ``District of Columbia'' and inserting ``Capital''. (F) Members of air national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 9401(c), by striking ``District of Columbia'' and inserting ``Capital''. (G) Ready reserve: failure to satisfactorily perform prescribed training.--In section 10148(b)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (H) Chief of the national guard bureau.--In section 10502(a)(1)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (I) Vice chief of the national guard bureau.--In section 10505(a)(1)(A)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (J) Other senior national guard bureau officers.-- In subparagraphs (A) and (B) of section 10506(a)(1)-- (i) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (K) National guard bureau: general provisions.--In section 10508(b)(1), by striking ``District of Columbia'' and inserting ``Capital''. (L) Commissioned officers: original appointment; limitation.--In section 12204(b), by striking ``District of Columbia'' and inserting ``Capital''. (M) Reserve components generally.--In section 12301(b), by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (N) National guard in federal service: call.--In section 12406-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (O) Result of failure to comply with standards and qualifications.--In section 12642(c), by striking ``District of Columbia'' and inserting ``Capital''. (P) Limitation on relocation of national guard units.--In section 18238-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED STATES AS MUNICIPAL CORPORATION. Notwithstanding section 2 of the Revised Statutes relating to the District of Columbia (sec. 1-102, D.C. Official Code) or any other provision of law codified in subchapter I of chapter 1 of the District of Columbia Official Code, effective upon the date of the admission of the State into the Union, the Capital (or any portion thereof) shall not serve as a government and shall not be a body corporate for municipal purposes. Subtitle C--General Provisions Relating to Laws of State SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS. (a) Legislative Power.--The legislative power of the State shall extend to all rightful subjects of legislation in the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Continuation of Authority and Duties of Members of Executive, Legislative, and Judicial Offices.--Upon the admission of the State into the Union, members of executive, legislative, and judicial offices of the District of Columbia shall be deemed members of the respective executive, legislative, and judicial offices of the State, as provided by the State Constitution and the laws of the State. (c) Treatment of Federal Laws.--To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect in the State as elsewhere in the United States, except as such law may otherwise provide. (d) No Effect on Existing Contracts.--Nothing in the admission of the State into the Union shall affect any obligation under any contract or agreement under which the District of Columbia or the United States is a party, as in effect on the day before the date of the admission of the State into the Union. (e) Succession in Interstate Compacts.--The State shall be deemed to be the successor to the District of Columbia for purposes of any interstate compact which is in effect on the day before the date of the admission of the State into the Union. (f) Continuation of Service of Federal Members on Boards and Commissions.--Nothing in the admission of the State into the Union shall affect the authority of a representative of the Federal Government who, as of the day before the date of the admission of the State into the Union, is a member of a board or commission of the District of Columbia to serve as a member of such board or commission or as a member of a successor to such board or commission after the admission of the State into the Union, as may be provided by the State Constitution and the laws of the State. (g) Special Rule Regarding Enforcement Authority of United States Capitol Police, United States Park Police, and United States Secret Service Uniformed Division.--The United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division may not enforce any law of the State in the State, except to the extent authorized by the State. Nothing in this subsection may be construed to affect the authority of the United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division to enforce any law in the Capital. SEC. 122. PENDING ACTIONS AND PROCEEDINGS. (a) State as Legal Successor to District of Columbia.--The State shall be the legal successor to the District of Columbia in all matters. (b) No Effect on Pending Proceedings.--All existing writs, actions, suits, judicial and administrative proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, claims, demands, titles, and rights shall continue unaffected by the admission of the State into the Union with respect to the State or the United States, except as may be provided under this Act, as may be modified in accordance with the provisions of the State Constitution, and as may be modified by the laws of the State or the United States, as the case may be. SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY. The State may not impose any tax on any real or personal property owned or acquired by the United States, except to the extent that Congress may permit. SEC. 124. UNITED STATES NATIONALITY. No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property SEC. 201. TREATMENT OF MILITARY LANDS. (a) Reservation of Federal Authority.-- (1) In general.--Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located in the State that, on the day before the date of the admission of the State into the Union, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority.--The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and held for defense or Coast Guard purposes. (b) Authority of State.-- (1) In general.--The reservation of authority in the United States under subsection (a) shall not operate to prevent such tracts or parcels of land from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process.--The State shall have the right to serve civil or criminal process in such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in the State but outside of such lands. SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY. (a) In General.--As a compact with the United States, the State and its people disclaim all right and title to any real or personal property not granted or confirmed to the State by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on Claims Against United States.-- (1) In general.--Nothing in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction.--Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability to or the effect of any law on any such claim shall be unaffected by anything in this Act. Subtitle B--Federal Courts SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS. (a) Circuit Judges.--Section 44(c) of title 28, United States Code, is amended-- (1) by striking ``Except in the District of Columbia, each'' and inserting ``Each''; and (2) by striking ``within fifty miles of the District of Columbia'' and inserting ``within fifty miles of the Capital''. (b) District Judges.--Section 134(b) of such title is amended in the first sentence by striking ``the District of Columbia, the Southern District of New York, and'' and inserting ``the Southern District of New York and''. (c) United States Attorneys.--Section 545(a) of such title is amended by striking the first sentence and inserting ``Each United States attorney shall reside in the district for which he or she is appointed, except that those officers of the Southern District of New York and the Eastern District of New York may reside within 20 miles thereof.''. (d) United States Marshals.--Section 561(e)(1) of such title is amended to read as follows: ``(1) the marshal for the Southern District of New York may reside within 20 miles of the district; and''. (e) Clerks of District Courts.--Section 751(c) of such title is amended by striking ``the District of Columbia and''. (f) Effective Date.--The amendments made by this section shall apply only to individuals appointed after the date of the admission of the State into the Union. SEC. 212. RENAMING OF FEDERAL COURTS. (a) Renaming.-- (1) Circuit court.--Section 41 of title 28, United States Code, is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; and (B) in the second column, by striking ``District of Columbia'' and inserting ``Capital; Washington, Douglass Commonwealth''. (2) District court.--Section 88 of such title is amended-- (A) in the heading, by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''; (B) by amending the first paragraph to read as follows: ``The State of Washington, Douglass Commonwealth and the Capital comprise one judicial district.''; and (C) in the second paragraph, by striking ``Washington'' and inserting ``the Capital''. (3) Clerical amendment.--The item relating to section 88 in the table of sections for chapter 5 of such title is amended to read as follows: ``88. Washington, Douglass Commonwealth and the Capital.''. (b) Conforming Amendments Relating to Court of Appeals.--Title 28, United States Code, is amended as follows: (1) Appointment of judges.--Section 44(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Capital''. (2) Terms of court.--Section 48(a) of such title is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; (B) in the second column, by striking ``Washington'' and inserting ``Capital''; and (C) in the second column, by striking ``District of Columbia'' and inserting ``Capital''. (3) Appointment of independent counsels by chief judge of circuit.--Section 49 of such title is amended by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (4) Circuit court jurisdiction over certification of death penalty counsels.--Section 2265(c)(2) of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (5) Circuit court jurisdiction over review of federal agency orders.--Section 2343 of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (c) Conforming Amendments Relating to District Court.--Title 28, United States Code, is amended as follows: (1) Appointment and number of district court judges.-- Section 133(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) District court jurisdiction of tax cases brought against united states.--Section 1346(e) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (3) District court jurisdiction over proceedings for forfeiture of foreign property.--Section 1355(b)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (4) District court jurisdiction over civil actions brought against a foreign state.--Section 1391(f)(4) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (5) District court jurisdiction over actions brought by corporations against united states.--Section 1402(a)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (6) Venue in district court of certain actions brought by employees of executive office of the president.--Section 1413 of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (7) Venue in district court of action enforcing foreign judgment.--Section 2467(c)(2)(B) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (d) Conforming Amendments Relating to Other Courts.--Title 28, United States Code, is amended as follows: (1) Appointment of bankruptcy judges.--Section 152(a)(2) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) Location of court of federal claims.--Section 173 of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (3) Duty station of judges of court of federal claims.-- Section 175 of such title is amended by striking ``the District of Columbia'' each place it appears and inserting ``the Capital''. (4) Duty station of judges for purposes of traveling expenses.--Section 456(b) of such title is amended to read as follows: ``(b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the Federal Circuit shall be the Capital.''. (5) Court accommodations for federal circuit and court of federal claims.--Section 462(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (6) Places of holding court of court of federal claims.-- Section 798(a) of such title is amended-- (A) by striking ``Washington, District of Columbia'' and inserting ``the Capital''; and (B) by striking ``the District of Columbia'' and inserting ``the Capital''. (e) Other Conforming Amendments.-- (1) Service of process on foreign parties at state department office.--Section 1608(a)(4) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (2) Service of process in property cases at attorney general office.--Section 2410(b) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (f) Definition.--Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph: ``The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (g) References in Other Laws.--Any reference in any Federal law (other than a law amended by this section), rule, or regulation-- (1) to the United States Court of Appeals for the District of Columbia shall be deemed to refer to the United States Court of Appeals for the Capital; (2) to the District of Columbia Circuit shall be deemed to refer to the Capital Circuit; and (3) to the United States District Court for the District of Columbia shall be deemed to refer to the United States District Court for Washington, Douglass Commonwealth and the Capital. (h) Effective Date.--This section and the amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE. (a) Appointment of United States Trustees.--Section 581(a)(4) of title 28, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital and Washington, Douglass Commonwealth''. (b) Independent Counsels.-- (1) Appointment of additional personnel.--Section 594(c) of such title is amended-- (A) by striking ``the District of Columbia'' the first place it appears and inserting ``Washington, Douglass Commonwealth and the Capital''; and (B) by striking ``the District of Columbia'' the second place it appears and inserting ``Washington, Douglass Commonwealth''. (2) Judicial review of removal.--Section 596(a)(3) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT COURT. Section 3152 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``(other than the District of Columbia)'' and inserting ``(subject to subsection (d), other than the District of Columbia)''; and (2) by adding at the end the following new subsection: ``(d) In the case of the judicial district of Washington, Douglass Commonwealth and the Capital-- ``(1) upon the admission of the State of Washington, Douglass Commonwealth into the Union, the Washington, Douglass Commonwealth Pretrial Services Agency shall continue to provide pretrial services in the judicial district in the same manner and to the same extent as the District of Columbia Pretrial Services Agency provided such services in the judicial district of the District of Columbia as of the day before the date of the admission of the State into the Union; and ``(2) upon the receipt by the President of the certification from the State of Washington, Douglass Commonwealth under section 315(b)(4) of the Washington, D.C. Admission Act that the State has in effect laws providing for the State to provide pre-trial services, paragraph (1) shall no longer apply, and the Director shall provide for the establishment of pretrial services in the judicial district under this section.''. Subtitle C--Federal Elections SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL TO VOTE IN FEDERAL ELECTIONS IN STATE OF MOST RECENT DOMICILE. (a) Requirement for States to Permit Individuals to Vote by Absentee Ballot.-- (1) In general.--Each State shall-- (A) permit absent Capital voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent Capital voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent capital voter defined.--In this section, the term ``absent Capital voter'' means, with respect to a State, a person who resides in the Capital and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the Capital), but only if the State is the last place in which the person was domiciled before residing in the Capital. (3) State defined.--In this section, the term ``State'' means each of the several States, including the State. (b) Recommendations to States to Maximize Access to Polls by Absent Capital Voters.--To afford maximum access to the polls by absent Capital voters, it is the sense of Congress that the States should-- (1) waive registration requirements for absent Capital voters who, by reason of residence in the Capital, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement.--The Attorney General may bring a civil action in the appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on Certain Other Laws.--The exercise of any right under this section shall not affect, for purposes of a Federal tax, a State tax, or a local tax, the residence or domicile of a person exercising such right. (e) Effective Date.--This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. SEC. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives,''; (2) in section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6), (B) in paragraph (12), by striking ``(except the Delegate to Congress for the District of Columbia)'', and (C) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia,''; (3) in section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) by striking ``Delegate,'' in the heading, and (B) by striking ``Delegate,'' each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), (j)(3), and (k)(3); (4) in section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)-- (i) by striking ``Delegate,'' each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official Code), by striking ``Delegate to the House of Representatives,''; (6) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,''; and (7) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``except the Delegate to the Congress from the District of Columbia''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF GOVERNMENT IN ELECTION OF PRESIDENT AND VICE-PRESIDENT. (a) In General.--Chapter 1 of title 3, United States Code, is amended-- (1) by striking section 21; and (2) in the table of sections, by striking the item relating to section 21. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice-President taking place on or after such date. SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL AMENDMENT REPEALING 23RD AMENDMENT. (a) Joint Resolution Described.--In this section, the term ``joint resolution'' means a joint resolution-- (1) entitled ``A joint resolution proposing an amendment to the Constitution of the United States to repeal the 23rd article of amendment''; and (2) the matter after the resolving clause of which consists solely of text to amend the Constitution of the United States to repeal the 23rd article of amendment to the Constitution. (b) Expedited Consideration in House of Representatives.-- (1) Placement on calendar.--Upon introduction in the House of Representatives, the joint resolution shall be placed immediately on the appropriate calendar. (2) Proceeding to consideration.-- (A) In general.--It shall be in order, not later than 30 legislative days after the date the joint resolution is introduced in the House of Representatives, to move to proceed to consider the joint resolution in the House of Representatives. (B) Procedure.--For a motion to proceed to consider the joint resolution-- (i) all points of order against the motion are waived; (ii) such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution; (iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; (iv) the motion shall not be debatable; and (v) a motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration.--When the House of Representatives proceeds to consideration of the joint resolution-- (A) the joint resolution shall be considered as read; (B) all points of order against the joint resolution and against its consideration are waived; (C) the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent; (D) an amendment to the joint resolution shall not be in order; and (E) a motion to reconsider the vote on passage of the joint resolution shall not be in order. (c) Expedited Consideration in Senate.-- (1) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 30 legislative days after the date the joint resolution is introduced in the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure.--For a motion to proceed to the consideration of the joint resolution-- (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration.-- (A) In general.--If the Senate proceeds to consideration of the joint resolution-- (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 30 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage.--In the Senate the vote on passage shall occur immediately following the conclusion of the consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (d) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of the joint resolution of that House, that House receives from the other House the joint resolution-- (A) the joint resolution of the other House shall not be referred to a committee; and (B) with respect to the joint resolution of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; and (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house.--If one House fails to introduce or consider the joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (e) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the joint resolution, and supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS. (a) Continuation of Entitlement to Payments.--Any individual who, as of the day before the date of the admission of the State into the Union, is entitled to a Federal benefit payment under the District of Columbia Retirement Protection Act of 1997 (subtitle A of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to be entitled to such a payment after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (b) Obligations of Federal Government.-- (1) In general.--Any obligation of the Federal Government under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (2) D.C. federal pension fund.--Any obligation of the Federal Government under chapter 9 of the District of Columbia Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C. Official Code) with respect to the D.C. Federal Pension Fund which exists as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such Fund after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such chapter. (c) Obligations of State.--Any obligation of the District of Columbia under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such an individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT OF COLUMBIA MERIT PERSONNEL SYSTEM. (a) Obligations of Federal Government.--Any obligation of the Federal Government under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (b) Obligations of State.--Any obligation of the District of Columbia under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (c) Individuals Described.--An individual described in this subsection is an individual who was first employed by the government of the District of Columbia before October 1, 1987. SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT PROGRAM. (a) Continuation of Obligations.-- (1) In general.--Any obligation of the Federal Government under subchapter III of chapter 15 of title 11, District of Columbia Official Code-- (A) which exists with respect to any individual and the District of Columbia as the result of service accrued prior to the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter; and (B) subject to paragraph (2), shall exist with respect to any individual and the State as the result of service accrued after the date of the admission of the State into the Union in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter as such obligation existed with respect to individuals and the District of Columbia as of the date of the admission of the State into the Union. (2) Treatment of service accrued after taking effect of state retirement program.--Subparagraph (B) of paragraph (1) does not apply to service accrued on or after the termination date described in subsection (b). (b) Termination Date.--The termination date described in this subsection is the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the retirement of judges of the State. Subtitle B--Agencies SEC. 311. PUBLIC DEFENDER SERVICE. (a) Continuation of Operations and Funding.-- (1) In general.--Except as provided in paragraph (2) and subsection (b), title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code) shall apply with respect to the State and to the public defender service of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the District of Columbia Public Defender Service as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 305(c) of such Act (sec. 2- 1605(c)(2), D.C. Official Code), the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the public defender service of the State and who, pursuant to section 305(c) of such Act (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (b) Renaming of Service.--Effective upon the date of the admission of the State into the Union, the State may rename the public defender service of the State. (c) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the public defender service of the State as of the day before the date described in subsection (d) and who, pursuant to section 305(c) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of subsection (a) under subsection (d). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (d), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (d) Termination.--Subsection (a) shall terminate upon the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the office of the State which provides the services described in title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code). SEC. 312. PROSECUTIONS. (a) Assignment of Assistant United States Attorneys.-- (1) In general.--In accordance with subchapter VI of chapter 33 of title 5, United States Code, the Attorney General, with the concurrence of the District of Columbia or the State (as the case may be), shall provide for the assignment of assistant United States attorneys to the State to carry out the functions described in subsection (b). (2) Assignments made on detail without reimbursement by state.--In accordance with section 3373 of title 5, United States Code-- (A) an assistant United States attorney who is assigned to the State under this section shall be deemed under subsection (a) of such section to be on detail to a regular work assignment in the Department of Justice; and (B) the assignment of an assistant United States attorney to the State under this section shall be made without reimbursement by the State of the pay of the attorney or any related expenses. (b) Functions Described.--The functions described in this subsection are criminal prosecutions conducted in the name of the State which would have been conducted in the name of the United States by the United States attorney for the District of Columbia or his or her assistants, as provided under section 23-101(c), District of Columbia Official Code, but for the admission of the State into the Union. (c) Minimum Number Assigned.--The number of assistant United States attorneys who are assigned under this section may not be less than the number of assistant United States attorneys whose principal duties as of the day before the date of the admission of the State into the Union were to conduct criminal prosecutions in the name of the United States under section 23-101(c), District of Columbia Official Code. (d) Termination.--The obligation of the Attorney General to provide for the assignment of assistant United States attorneys under this section shall terminate upon written certification by the State to the President that the State has appointed attorneys of the State to carry out the functions described in subsection (b). (e) Clarification Regarding Clemency Authority.-- (1) In general.--Effective upon the admission of the State into the Union, the authority to grant clemency for offenses against the District of Columbia or the State shall be exercised by such person or persons, and under such terms and conditions, as provided by the State Constitution and the laws of the State, without regard to whether the prosecution for the offense was conducted by the District of Columbia, the State, or the United States. (2) Definition.--In this subsection, the term ``clemency'' means a pardon, reprieve, or commutation of sentence, or a remission of a fine or other financial penalty. SEC. 313. SERVICE OF UNITED STATES MARSHALS. (a) Provision of Services for Courts of State.--The United States Marshals Service shall provide services with respect to the courts and court system of the State in the same manner and to the same extent as the Service provided services with respect to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union, except that the President shall not appoint a United States Marshal under section 561 of title 28, United States Code, for any court of the State. (b) Termination.--The obligation of the United States Marshals Service to provide services under this section shall terminate upon written certification by the State to the President that the State has appointed personnel of the State to provide such services. SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS. (a) Continuation of Designation.--Chapter 1 of subtitle C of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and the amendments made by such chapter-- (1) shall continue to apply with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union; and (2) shall apply with respect to individuals convicted of offenses under the laws of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such chapter and amendments applied with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws for the housing of individuals described in subsection (a) in correctional facilities. SEC. 315. PAROLE AND SUPERVISION. (a) United States Parole Commission.-- (1) Parole.--The United States Parole Commission-- (A) shall continue to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11231 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-131, D.C. Official Code); and (B) shall exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State in the same manner and to the same extent as the Commission exercised in the case of any individual described in subparagraph (A). (2) Supervision of released offenders.--The United States Parole Commission-- (A) shall continue to exercise the authority over individuals who are released offenders of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11233(c)(2) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133(c)(2), D.C. Official Code); and (B) shall exercise authority over individuals who are released offenders of the State in the same manner and to the same extent as the Commission exercised authority over individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the United States Parole Commission as of the later of the day before the date described in subparagraph (A) of paragraph (4) or the day before the date described in subparagraph (B) of paragraph (4) and who, on or after such date, is an employee of the office of the State which exercises the authority described in either such subparagraph, shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of this subsection under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the later of the date described in subparagraph (A) of paragraph (4) or the date described in subparagraph (B) of paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--The provisions of this subsection shall terminate-- (A) in the case of paragraph (1), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State; and (B) in the case of paragraph (2), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise authority over individuals who are released offenders of the State. (b) Court Services and Offender Supervision Agency.-- (1) Renaming.--Effective upon the date of the admission of the State into the Union-- (A) the Court Services and Offender Supervision Agency for the District of Columbia shall be known and designated as the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, and any reference in any law, rule, or regulation to the Court Services and Offender Supervision Agency for the District of Columbia shall be deemed to refer to the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth; and (B) the District of Columbia Pretrial Services Agency shall be known and designated as the Washington, Douglass Commonwealth Pretrial Services Agency, and any reference in any law, rule or regulation to the District of Columbia Pretrial Services Agency shall be deemed to refer to the Washington, Douglass Commonwealth Pretrial Services Agency. (2) In general.--The Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, including the Washington, Douglass Commonwealth Pretrial Services Agency (as renamed under paragraph (1))-- (A) shall continue to provide pretrial services with respect to individuals who are charged with an offense in the District of Columbia, provide supervision for individuals who are offenders on probation, parole, and supervised release pursuant to the laws of the District of Columbia, and carry out sex offender registration functions with respect to individuals who are sex offenders in the District of Columbia, as of the day before the date of the admission of the State into the Union, as provided under section 11233 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code); and (B) shall provide pretrial services with respect to individuals who are charged with an offense in the State, provide supervision for offenders on probation, parole, and supervised release pursuant to the laws of the State, and carry out sex offender registration functions in the State, in the same manner and to the same extent as the Agency provided such services and supervision and carried out such functions for individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth as of the day before the date described in paragraph (4), and who, on or after such date, is an employee of the office of the State which provides the services and carries out the functions described in paragraph (4), shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of paragraph (2) under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the date described in paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--Paragraph (2) shall terminate on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to provide pretrial services, supervise offenders on probation, parole, and supervised release, and carry out sex offender registration functions in the State. SEC. 316. COURTS. (a) Continuation of Operations.-- (1) In general.--Except as provided in paragraphs (2) and (3) and subsection (b), title 11, District of Columbia Official Code, as in effect on the date before the date of the admission of the State into the Union, shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 11-1726(b) and paragraph (2) of section 11-1726(c), District of Columbia Official Code, the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the courts and court system of the State and who, pursuant to either such paragraph, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (3) Other exceptions.-- (A) Selection of judges.--Effective upon the date of the admission of the State into the Union, the State shall select judges for any vacancy on the courts of the State. (B) Renaming of courts and other offices.-- Effective upon the date of the admission of the State into the Union, the State may rename any of its courts and any of the other offices of its court system. (C) Rules of construction.--Nothing in this paragraph shall be construed-- (i) to affect the service of any judge serving on a court of the District of Columbia on the day before the date of the admission of the State into the Union, or to require the State to select such a judge for a vacancy on a court of the State; or (ii) to waive any of the requirements of chapter 15 of title 11, District of Columbia Official Code (other than section 11-1501(a) of such Code), including subchapter II of such chapter (relating to the District of Columbia Commission on Judicial Disabilities and Tenure), with respect to the appointment and service of judges of the courts of the State. (b) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the courts or court system of the State as of the day before the date described in subsection (e) and who, pursuant to section 11-1726(b) or section 11-1726(c), District of Columbia Official Code, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of this section under subsection (e). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (e), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (c) Continuation of Funding.--Section 11241 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (section 11- 1743 note, District of Columbia Official Code) shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such section applied with respect to the Joint Committee on Judicial Administration in the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (d) Treatment of Court Receipts.-- (1) Deposit of receipts into treasury.--Except as provided in paragraph (2), all money received by the courts and court system of the State shall be deposited in the Treasury of the United States. (2) Crime victims compensation fund.--Section 16 of the Victims of Violent Crime Compensation Act of 1996 (sec. 4-515, D.C. Official Code), relating to the Crime Victims Compensation Fund, shall apply with respect to the courts and court system of the State in the same manner and to the same extent as such section applied to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (e) Termination.--The provisions of this section, other than paragraph (3) of subsection (a) and except as provided under subsection (b), shall terminate on the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the courts and court system of the State. Subtitle C--Other Programs and Authorities SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT. (a) Continuation.--The District of Columbia College Access Act of 1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code) shall apply with respect to the State, and to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia and the University of the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section, other than with respect to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State to provide tuition assistance substantially similar to the assistance provided under the District of Columbia College Access Act of 1999. SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT. (a) Continuation.--The Scholarships for Opportunity and Results Act (division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code) shall apply with respect to the State after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State-- (1) to provide tuition assistance substantially similar to the assistance provided under the Scholarships for Opportunity and Results Act; and (2) to provide supplemental funds to the public schools and public charter schools of the State in the amounts provided in the most recent fiscal year for public schools and public charter schools of the State or the District of Columbia (as the case may be) under such Act. SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) Continuation.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on the date of the admission of the State into the Union and ending on September 30 of the fiscal year during which the State submits the certification described in subsection (b), the Federal medical assistance percentage for the State under title XIX of such Act shall be the Federal medical assistance percentage for the District of Columbia under such title as of the day before the date of the admission of the State into the Union. (b) Termination.--The certification described in this subsection is a written certification by the State to the President that, during each of the first 5 fiscal years beginning after the date of the certification, the estimated revenues of the State will be sufficient to cover any reduction in revenues which may result from the termination of the provisions of this section. SEC. 324. FEDERAL PLANNING COMMISSIONS. (a) National Capital Planning Commission.-- (1) Continuing application.--Subject to the amendments made by paragraphs (2) and (3), upon the admission of the State into the Union, chapter 87 of title 40, United States Code, shall apply as follows: (A) Such chapter shall apply with respect to the Capital in the same manner and to the same extent as such chapter applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (B) Such chapter shall apply with respect to the State in the same manner and to the same extent as such chapter applied with respect to the State of Maryland and the Commonwealth of Virginia as of the day before the date of the admission of the State into the Union. (2) Composition of national capital planning commission.-- Section 8711(b) of title 40, United States Code, is amended-- (A) by amending subparagraph (B) of paragraph (1) to read as follows: ``(B) four citizens with experience in city or regional planning, who shall be appointed by the President.''; and (B) by amending paragraph (2) to read as follows: ``(2) Residency requirement.--Of the four citizen members, one shall be a resident of Virginia, one shall be a resident of Maryland, and one shall be a resident of Washington, Douglass Commonwealth.''. (3) Conforming amendments to definitions of terms.-- (A) Environs.--Paragraph (1) of section 8702 of such title is amended by striking ``the territory surrounding the District of Columbia'' and inserting ``the territory surrounding the National Capital''. (B) National capital.--Paragraph (2) of section 8702 of such title is amended to read as follows: ``(2) National capital.--The term `National Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act, and the territory the Federal Government owns in the environs.''. (C) National capital region.--Subparagraph (A) of paragraph (3) of section 8702 of such title is amended to read as follows: ``(A) the National Capital and the State of Washington, Douglass Commonwealth;''. (b) Commission of Fine Arts.-- (1) Limiting application to the capital.--Section 9102(a)(1) of title 40, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (2) Definition.--Section 9102 of such title is amended by adding at the end the following new subsection: ``(d) Definition.--In this chapter, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (3) Conforming amendment.--Section 9101(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (c) Commemorative Works Act.-- (1) Limiting application to capital.--Section 8902 of title 40, United States Code, is amended by adding at the end the following new subsection: ``(c) Limiting Application to Capital.--This chapter applies only with respect to commemorative works in the Capital and its environs.''. (2) Definition.--Paragraph (2) of section 8902(a) of such title is amended to read as follows: ``(2) Capital and its environs.--The term `Capital and its environs' means-- ``(A) the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act; and ``(B) those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003, that are located outside of the State of Washington, Douglass Commonwealth.''. (3) Temporary site designation.--Section 8907(a) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital and its environs''. (4) General conforming amendments.--Chapter 89 of such title is amended by striking ``the District of Columbia and its environs'' each place it appears in the following sections and inserting ``the Capital and its environs'': (A) Section 8901(2) and 8901(4). (B) Section 8902(a)(4). (C) Section 8903(d). (D) Section 8904(c). (E) Section 8905(a). (F) Section 8906(a). (G) Section 8909(a) and 8909(b). (5) Additional conforming amendment.--Section 8901(2) of such title is amended by striking ``the urban fabric of the District of Columbia'' and inserting ``the urban fabric of the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act''. (d) Effective Date.--This section and the amendments made by this section shall take effect on the date of the admission of the State into the Union. SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER. (a) Continuation of Role.--Chapter 95 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 9508. Applicability to Capital and State of Washington, Douglass Commonwealth ``(a) In General.--Effective upon the admission of the State of Washington, Douglass Commonwealth into the Union, any reference in this chapter to the District of Columbia shall be deemed to refer to the Capital or the State of Washington, Douglass Commonwealth, as the case may be. ``(b) Definition.--In this section, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (b) Clerical Amendment.--The table of sections of chapter 95 of such title is amended by adding at the end the following: ``9508. Applicability to Capital and State of Washington, Douglass Commonwealth.''. SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA. The location of any person in the Capital or Washington, Douglass Commonwealth on the day after the date of the admission of the State into the Union shall be deemed to satisfy any requirement under any law in effect as of the day before the date of the admission of the State into the Union that the person be located in the District of Columbia, including the requirements of section 72 of title 4, United States Code (relating to offices of the seat of the Government of the United States), and title 36, United States Code (relating to patriotic and national organizations). TITLE IV--GENERAL PROVISIONS SEC. 401. GENERAL DEFINITIONS. In this Act, the following definitions shall apply: (1) The term ``Capital'' means the area serving as the seat of the Government of the United States, as described in section 112. (2) The term ``Council'' means the Council of the District of Columbia. (3) The term ``Mayor'' means the Mayor of the District of Columbia. (4) Except as otherwise provided, the term ``State'' means the State of Washington, Douglass Commonwealth. (5) The term ``State Constitution'' means the proposed Constitution of the State of Washington, D.C., as approved by the Council on October 18, 2016, pursuant to the Constitution and Boundaries for the State of Washington, D.C. Approval Resolution of 2016 (D.C. Resolution R21-621), ratified by District of Columbia voters in Advisory Referendum B approved on November 8, 2016, and certified by the District of Columbia Board of Elections on November 18, 2016. SEC. 402. STATEHOOD TRANSITION COMMISSION. (a) Establishment.--There is established the Statehood Transition Commission (hereafter in this section referred to as the ``Commission''). (b) Composition.-- (1) In general.--The Commission shall be composed of 18 members as follows: (A) Three members appointed by the President. (B) Two members appointed by the Speaker of the House of Representatives. (C) Two members appointed by the Minority Leader of the House of Representatives. (D) Two members appointed by the Majority Leader of the Senate. (E) Two members appointed by the Minority Leader of the Senate. (F) Three members appointed by the Mayor. (G) Three members appointed by the Council. (H) The Chief Financial Officer of the District of Columbia. (2) Appointment date.-- (A) In general.--The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (B) Effect of lack of appointment by appointment date.--If one or more appointments under any of the subparagraphs of paragraph (1) is not made by the appointment date specified in subparagraph (A), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (3) Term of service.--Each member shall be appointed for the life of the Commission. (4) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No compensation.--Members shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Chair and vice chair.--The Chair and Vice Chair of the Commission shall be elected by the members of the Commission-- (A) with respect to the Chair, from among the members described in subparagraphs (A) through (E) of paragraph (1); and (B) with respect to the Vice Chair, from among the members described in subparagraphs (F) and (G) of paragraph (1). (c) Staff.-- (1) Director.--The Commission shall have a Director, who shall be appointed by the Chair. (2) Other staff.--The Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (3) Non-applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Duties.--The Commission shall advise the President, Congress, the Mayor (or, upon the admission of the State into the Union, the chief executive officer of the State), and the Council (or, upon the admission of the State into the Union, the legislature of the State) concerning an orderly transition to statehood for the District of Columbia or the State (as the case may be) and to a reduced geographical size of the seat of the Government of the United States, including with respect to property, funding, programs, projects, and activities. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair. (2) Initial meeting.--The Commission shall hold its first meeting not later than the earlier of-- (A) 30 days after the date on which all members of the Commission have been appointed; or (B) if the number of members of the Commission is reduced under subsection (b)(2)(B), 90 days after the date of the enactment of this Act. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Reports.--The Commission shall submit such reports as the Commission considers appropriate or as may be requested by the President, Congress, or the District of Columbia (or, upon the admission of the State into the Union, the State). (h) Termination.--The Commission shall cease to exist 2 years after the date of the admission of the State into the Union. SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT. Not more than 60 days after the date of the enactment of this Act, the President shall provide written certification of such enactment to the Mayor. SEC. 404. SEVERABILITY. Except as provided in section 101(c), if any provision of this Act or amendment made by this Act, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall not be affected by the holding. Passed the House of Representatives April 22, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 51 _______________________________________________________________________ AN ACT To provide for the admission of the State of Washington, D.C. into the Union.
H.R. 51 (Introduced in House) - Washington, D.C. Admission Act	https://www.govinfo.gov/content/pkg/BILLS-117hr51ih/html/BILLS-117hr51ih.htm	DOC 117th CONGRESS 1st Session H. R. 51 To provide for the admission of the State of Washington, D.C. into the Union. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Ms. Norton (for herself, Mr. Sarbanes, Mr. Raskin, Mr. Connolly, Mr. Beyer, Mr. Lynch, Ms. Pressley, Mr. Carson, Mr. Welch, Mr. Brown, Mr. Krishnamoorthi, Mr. Khanna, Mr. Trone, Ms. Wexton, Mr. Blumenauer, Ms. Waters, Mr. McEachin, Ms. DeLauro, Mr. Pocan, Mr. DeSaulnier, Ms. Jackson Lee, Mr. Thompson of Mississippi, Ms. Titus, Ms. Kelly of Illinois, Mrs. Lawrence, Ms. Clarke of New York, Mr. Sherman, Ms. Roybal-Allard, Mr. Meeks, Mr. Nadler, Ms. Kaptur, Mr. Pascrell, Ms. Sewell, Mr. Schiff, Mr. Castro of Texas, Mr. Ruppersberger, Ms. Fudge, Ms. Speier, Mrs. Napolitano, Mrs. Watson Coleman, Ms. Barragan, Ms. Johnson of Texas, Mr. Evans, Mr. Espaillat, Ms. Sanchez, Mr. Price of North Carolina, Mr. Rush, Ms. Moore of Wisconsin, Mrs. Beatty, Mrs. Trahan, Mr. Langevin, Mr. Kildee, Mr. Yarmuth, Mr. Cleaver, Mrs. Demings, Mr. David Scott of Georgia, Mr. Quigley, Mrs. Dingell, Mr. Payne, Mr. Butterfield, Mr. Huffman, Ms. Eshoo, Mr. Tonko, Ms. Bonamici, Mr. Thompson of California, Mr. Bishop of Georgia, Mr. Michael F. Doyle of Pennsylvania, Ms. Garcia of Texas, Mr. Levin of Michigan, Mr. Suozzi, Mr. Phillips, Mr. Lowenthal, Ms. Lois Frankel of Florida, Mr. Casten, Ms. Houlahan, Mr. Panetta, Mr. Schrader, Mr. Jeffries, Ms. Escobar, Mr. Crist, Ms. DelBene, Mr. Garamendi, Ms. Meng, Mr. Correa, Mr. Crow, Mr. Grijalva, Mr. Cuellar, Mr. Brendan F. Boyle of Pennsylvania, Mr. Vargas, Ms. Jayapal, Mrs. Kirkpatrick, Ms. Haaland, Mr. Smith of Washington, Mr. Aguilar, Mr. Case, Ms. Brownley, Mrs. Torres of California, Mr. DeFazio, Mr. Takano, Ms. Castor of Florida, Mr. Cicilline, Mr. Sablan, Mrs. Carolyn B. Maloney of New York, Mr. Doggett, Mr. Malinowski, Ms. McCollum, Mr. Cartwright, Mrs. Bustos, Mr. Gomez, Mr. Green of Texas, Ms. Wasserman Schultz, Miss Rice of New York, Mr. Deutch, Ms. Schakowsky, Ms. Clark of Massachusetts, Mr. Carbajal, Mr. Danny K. Davis of Illinois, Ms. Lee of California, Mr. Kilmer, Mr. Higgins of New York, Ms. Adams, Ms. Tlaib, Ms. Pingree, Mr. Lieu, Ms. Velazquez, Mr. Neal, Mr. Gallego, Mr. Vela, Mr. Sean Patrick Maloney of New York, Mr. Cohen, Mr. Kim of New Jersey, Mr. McGovern, Mr. Larsen of Washington, Mr. Horsford, Mr. Veasey, Ms. Underwood, Mr. Ryan, Mr. Mfume, Ms. Bass, Mr. Larson of Connecticut, Mr. Himes, Ms. Kuster, Mr. Sires, Mr. Pallone, Ms. Omar, Mr. Bera, Ms. Wild, Ms. Blunt Rochester, Ms. Scanlon, Ms. Dean, Ms. Ocasio-Cortez, Mr. Costa, Mr. Garcia of Illinois, Mr. Courtney, Ms. Plaskett, Mr. Swalwell, Ms. Chu, Mr. Jones, Ms. Spanberger, Mr. Johnson of Georgia, Ms. DeGette, Mr. Foster, Mr. McNerney, Mr. Pappas, Ms. Bush, Mr. Cardenas, Mr. Ruiz, Ms. Sherrill, Ms. Porter, Ms. Lofgren, Mr. Hoyer, Ms. Williams of Georgia, Ms. Jacobs of California, Ms. Stevens, Ms. Craig, Mr. Allred, Mr. Torres of New York, Mr. Bowman, Mrs. Murphy of Florida, Mr. Norcross, Mr. Perlmutter, Ms. Newman, Mrs. Hayes, Mr. Scott of Virginia, Mr. Keating, Ms. Wilson of Florida, Mr. Delgado, Mr. Neguse, Mr. Auchincloss, Mr. Lawson of Florida, Mrs. McBath, Ms. Matsui, Mr. Stanton, Mr. Moulton, Mr. Clyburn, Mr. Schneider, Mr. Morelle, Mrs. Luria, Mrs. Fletcher, Mr. Soto, Mrs. Axne, Mr. Peters, and Mr. Richmond) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the admission of the State of Washington, D.C. into the Union. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Washington, D.C. Admission Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Election of Senators and Representative. Sec. 103. Issuance of presidential proclamation. Subtitle B--Seat of Government of the United States Sec. 111. Territory and boundaries. Sec. 112. Description of Capital. Sec. 113. Retention of title to property. Sec. 114. Effect of admission on current laws of seat of Government of United States. Sec. 115. Capital National Guard. Sec. 116. Termination of legal status of seat of Government of United States as municipal corporation. Subtitle C--General Provisions Relating to Laws of State Sec. 121. Effect of admission on current laws. Sec. 122. Pending actions and proceedings. Sec. 123. Limitation on authority to tax Federal property. Sec. 124. United States nationality. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property Sec. 201. Treatment of military lands. Sec. 202. Waiver of claims to Federal property. Subtitle B--Federal Courts Sec. 211. Residency requirements for certain Federal officials. Sec. 212. Renaming of Federal courts. Sec. 213. Conforming amendments relating to Department of Justice. Sec. 214. Treatment of pretrial services in United States District Court. Subtitle C--Federal Elections Sec. 221. Permitting individuals residing in Capital to vote in Federal elections in State of most recent domicile. Sec. 222. Repeal of Office of District of Columbia Delegate. Sec. 223. Repeal of law providing for participation of seat of government in election of President and Vice President. Sec. 224. Expedited procedures for consideration of constitutional amendment repealing 23rd Amendment. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits Sec. 301. Federal benefit payments under certain retirement programs. Sec. 302. Continuation of Federal civil service benefits for employees first employed prior to establishment of District of Columbia merit personnel system. Sec. 303. Obligations of Federal Government under judges' retirement program. Subtitle B--Agencies Sec. 311. Public Defender Service. Sec. 312. Prosecutions. Sec. 313. Service of United States Marshals. Sec. 314. Designation of felons to facilities of Bureau of Prisons. Sec. 315. Parole and supervision. Sec. 316. Courts. Subtitle C--Other Programs and Authorities Sec. 321. Application of the College Access Act. Sec. 322. Application of the Scholarships for Opportunity and Results Act. Sec. 323. Medicaid Federal medical assistance percentage. Sec. 324. Federal planning commissions. Sec. 325. Role of Army Corps of Engineers in supplying water. Sec. 326. Requirements to be located in District of Columbia. TITLE IV--GENERAL PROVISIONS Sec. 401. General definitions. Sec. 402. Statehood Transition Commission. Sec. 403. Certification of enactment by President. Sec. 404. Severability. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission SEC. 101. ADMISSION INTO THE UNION. (a) In General.--Subject to the provisions of this Act, upon the issuance of the proclamation required by section 103(a), the State of Washington, Douglass Commonwealth is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of State.--The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States or the principles of the Declaration of Independence. (c) Nonseverability.--If any provision of this section, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall be treated as invalid. SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE. (a) Issuance of Proclamation.-- (1) In general.--Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 403, the Mayor shall issue a proclamation for the first elections for 2 Senators and one Representative in Congress from the State, subject to the provisions of this section. (2) Special rule for elections of senators.--In the elections of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators shall be assigned. (b) Rules for Conducting Elections.-- (1) In general.--The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election, and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified voters of the District of Columbia in the manner required by the laws of the District of Columbia. (2) Certification of results.--Election results shall be certified in the manner required by the laws of the District of Columbia, except that the Mayor shall also provide written certification of the results of such elections to the President. (c) Assumption of Duties.--Upon the admission of the State into the Union, the Senators and Representative elected at the elections described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of the other States in Congress. (d) Effect of Admission on House of Representatives Membership.-- (1) Permanent increase in number of members.--Effective with respect to the Congress during which the State is admitted into the Union and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the State. (2) Initial number of representatives for state.--Until the taking effect of the first apportionment of Members occurring after the admission of the State into the Union, the State shall be entitled to one Representative in the House of Representatives upon its admission into the Union. (3) Apportionment of members resulting from admission of state.-- (A) Apportionment.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``436 Representatives''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to the first regular decennial census conducted after the admission of the State into the Union and each subsequent regular decennial census. SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION. (a) In General.--The President, upon the certification of the results of the elections of the officers required to be elected as provided in section 102(a), shall, not later than 90 days after receiving such certification pursuant to section 102(b)(2), issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of State Upon Issuance of Proclamation.--Upon the issuance of the proclamation by the President under subsection (a), the State shall be declared admitted into the Union as provided in section 101(a). Subtitle B--Seat of Government of the United States SEC. 111. TERRITORY AND BOUNDARIES. (a) In General.--Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the metes and bounds survey conducted under subsection (c). (b) Exclusion of Portion Remaining as Seat of Government of United States.--The territory of the State shall not include the area described in section 112, which shall be known as the ``Capital'' and shall serve as the seat of the Government of the United States, as provided in clause 17 of section 8 of article I of the Constitution of the United States. (c) Metes and Bounds Survey.--Not later than 180 days after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a metes and bounds survey of the Capital, as described in section 112(b). SEC. 112. DESCRIPTION OF CAPITAL. (a) In General.--Subject to subsection (c), upon the admission of the State into the Union, the Capital shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building (as such terms are used in section 8501(a) of title 40, United States Code). (b) General Description.--Upon the admission of the State into the Union, the boundaries of the Capital shall be as follows: Beginning at the intersection of the southern right-of-way of F Street NE and the eastern right-of-way of 2nd Street NE; (1) thence south along said eastern right-of-way of 2nd Street NE to its intersection with the northeastern right-of- way of Maryland Avenue NE; (2) thence southwest along said northeastern right-of-way of Maryland Avenue NE to its intersection with the northern right-of-way of Constitution Avenue NE; (3) thence west along said northern right-of-way of Constitution Avenue NE to its intersection with the eastern right-of-way of 1st Street NE; (4) thence south along said eastern right-of-way of 1st Street NE to its intersection with the southeastern right-of- way of Maryland Avenue NE; (5) thence northeast along said southeastern right-of-way of Maryland Avenue NE to its intersection with the eastern right-of-way of 2nd Street SE; (6) thence south along said eastern right-of-way of 2nd Street SE to the eastern right-of-way of 2nd Street SE; (7) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the northern property boundary of the property designated as Square 760 Lot 803; (8) thence east along said northern property boundary of Square 760 Lot 803 to its intersection with the western right- of-way of 3rd Street SE; (9) thence south along said western right-of-way of 3rd Street SE to its intersection with the northern right-of-way of Independence Avenue SE; (10) thence west along said northern right-of-way of Independence Avenue SE to its intersection with the northwestern right-of-way of Pennsylvania Avenue SE; (11) thence northwest along said northwestern right-of-way of Pennsylvania Avenue SE to its intersection with the eastern right-of-way of 2nd Street SE; (12) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the southern right-of-way of C Street SE; (13) thence west along said southern right-of-way of C Street SE to its intersection with the eastern right-of-way of 1st Street SE; (14) thence south along said eastern right-of-way of 1st Street SE to its intersection with the southern right-of-way of D Street SE; (15) thence west along said southern right-of-way of D Street SE to its intersection with the eastern right-of-way of South Capitol Street; (16) thence south along said eastern right-of-way of South Capitol Street to its intersection with the northwestern right- of-way of Canal Street SE; (17) thence southeast along said northwestern right-of-way of Canal Street SE to its intersection with the southern right- of-way of E Street SE; (18) thence east along said southern right-of-way of said E Street SE to its intersection with the western right-of-way of 1st Street SE; (19) thence south along said western right-of-way of 1st Street SE to its intersection with the southernmost corner of the property designated as Square 736S Lot 801; (20) thence west along a line extended due west from said corner of said property designated as Square 736S Lot 801 to its intersection with the southwestern right-of-way of New Jersey Avenue SE; (21) thence southeast along said southwestern right-of-way of New Jersey Avenue SE to its intersection with the northwestern right-of-way of Virginia Avenue SE; (22) thence northwest along said northwestern right-of-way of Virginia Avenue SE to its intersection with the western right-of-way of South Capitol Street; (23) thence north along said western right-of-way of South Capitol Street to its intersection with the southern right-of- way of E Street SW; (24) thence west along said southern right-of-way of E Street SW to its end; (25) thence west along a line extending said southern right-of-way of E Street SW westward to its intersection with the eastern right-of-way of 2nd Street SW; (26) thence north along said eastern right-of-way of 2nd Street SW to its intersection with the southwestern right-of- way of Virginia Avenue SW; (27) thence northwest along said southwestern right-of-way of Virginia Avenue SW to its intersection with the western right-of-way of 3rd Street SW; (28) thence north along said western right-of-way of 3rd Street SW to its intersection with the northern right-of-way of D Street SW; (29) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 4th Street SW; (30) thence north along said eastern right-of-way of 4th Street SW to its intersection with the northern right-of-way of C Street SW; (31) thence west along said northern right-of-way of C Street SW to its intersection with the eastern right-of-way of 6th Street SW; (32) thence north along said eastern right-of-way of 6th Street SW to its intersection with the northern right-of-way of Independence Avenue SW; (33) thence west along said northern right-of-way of Independence Avenue SW to its intersection with the western right-of-way of 12th Street SW; (34) thence south along said western right-of-way of 12th Street SW to its intersection with the northern right-of-way of D Street SW; (35) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 14th Street SW; (36) thence south along said eastern right-of-way of 14th Street SW to its intersection with the northeastern boundary of the Consolidated Rail Corporation railroad easement; (37) thence southwest along said northeastern boundary of the Consolidated Rail Corporation railroad easement to its intersection with the eastern shore of the Potomac River; (38) thence generally northwest along said eastern shore of the Potomac River to its intersection with a line extending westward the northern boundary of the property designated as Square 12 Lot 806; (39) thence east along said line extending westward the northern boundary of the property designated as Square 12 Lot 806 to the northern property boundary of the property designated as Square 12 Lot 806, and continuing east along said northern boundary of said property designated as Square 12 Lot 806 to its northeast corner; (40) thence east along a line extending east from said northeast corner of the property designated as Square 12 Lot 806 to its intersection with the western boundary of the property designated as Square 33 Lot 87; (41) thence south along said western boundary of the property designated as Square 33 Lot 87 to its intersection with the northwest corner of the property designated as Square 33 Lot 88; (42) thence counter-clockwise around the boundary of said property designated as Square 33 Lot 88 to its southeast corner, which is along the northern right-of-way of E Street NW; (43) thence east along said northern right-of-way of E Street NW to its intersection with the western right-of-way of 18th Street NW; (44) thence south along said western right-of-way of 18th Street NW to its intersection with the southwestern right-of- way of Virginia Avenue NW; (45) thence southeast along said southwestern right-of-way of Virginia Avenue NW to its intersection with the northern right-of-way of Constitution Avenue NW; (46) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the eastern right-of-way of 17th Street NW; (47) thence north along said eastern right-of-way of 17th Street NW to its intersection with the southern right-of-way of H Street NW; (48) thence east along said southern right-of-way of H Street NW to its intersection with the northwest corner of the property designated as Square 221 Lot 35; (49) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 35 to its southeast corner, which is along the boundary of the property designated as Square 221 Lot 37; (50) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 37 to its southwest corner, which it shares with the property designated as Square 221 Lot 818; (51) thence south along the boundary of said property designated as Square 221 Lot 818 to its southwest corner, which it shares with the property designated as Square 221 Lot 40; (52) thence south along the boundary of said property designated as Square 221 Lot 40 to its southwest corner; (53) thence east along the southern border of said property designated as Square 221 Lot 40 to its intersection with the northwest corner of the property designated as Square 221 Lot 820; (54) thence south along the western boundary of said property designated as Square 221 Lot 820 to its southwest corner, which it shares with the property designated as Square 221 Lot 39; (55) thence south along the western boundary of said property designated as Square 221 Lot 39 to its southwest corner, which is along the northern right-of-way of Pennsylvania Avenue NW; (56) thence east along said northern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 15th Street NW; (57) thence south along said western right-of-way of 15th Street NW to its intersection with a line extending northwest from the southern right-of-way of the portion of Pennsylvania Avenue NW north of Pershing Square; (58) thence southeast along said line extending the southern right-of-way of Pennsylvania Avenue NW to the southern right-of-way of Pennsylvania Avenue NW, and continuing southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 14th Street NW; (59) thence south along said western right-of-way of 14th Street NW to its intersection with a line extending west from the southern right-of-way of D Street NW; (60) thence east along said line extending west from the southern right-of-way of D Street NW to the southern right-of- way of D Street NW, and continuing east along said southern right-of-way of D Street NW to its intersection with the eastern right-of-way of 13\1/2\ Street NW; (61) thence north along said eastern right-of-way of 13\1/ 2\ Street NW to its intersection with the southern right-of-way of Pennsylvania Avenue NW; (62) thence east and southeast along said southern right- of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 12th Street NW; (63) thence south along said western right-of-way of 12th Street NW to its intersection with a line extending to the west the southern boundary of the property designated as Square 324 Lot 809; (64) thence east along said line to the southwest corner of said property designated as Square 324 Lot 809, and continuing northeast along the southern boundary of said property designated as Square 324 Lot 809 to its eastern corner, which it shares with the property designated as Square 323 Lot 802; (65) thence east along the southern boundary of said property designated as Square 323 Lot 802 to its southeast corner, which it shares with the property designated as Square 324 Lot 808; (66) thence counter-clockwise around the boundary of said property designated as Square 324 Lot 808 to its northeastern corner, which is along the southern right-of-way of Pennsylvania Avenue NW; (67) thence southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the eastern right-of-way of 4th Street NW; (68) thence north along a line extending north from said eastern right-of-way of 4th Street NW to its intersection with the southern right-of-way of C Street NW; (69) thence east along said southern right-of-way of C Street NW to its intersection with the eastern right-of-way of 3rd Street NW; (70) thence north along said eastern right-of-way of 3rd Street NW to its intersection with the southern right-of-way of D Street NW; (71) thence east along said southern right-of-way of D Street NW to its intersection with the western right-of-way of 1st Street NW; (72) thence south along said western right-of-way of 1st Street NW to its intersection with the northern right-of-way of C Street NW; (73) thence west along said northern right-of-way of C Street NW to its intersection with the western right-of-way of 2nd Street NW; (74) thence south along said western right-of-way of 2nd Street NW to its intersection with the northern right-of-way of Constitution Avenue NW; (75) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (76) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the southwestern right-of-way of New Jersey Avenue NW; (77) thence northwest along said southwestern right-of-way of New Jersey Avenue NW to its intersection with the northern right-of-way of D Street NW; (78) thence east along said northern right-of-way of D Street NW to its intersection with the northeastern right-of- way of Louisiana Avenue NW; (79) thence northeast along said northwestern right-of-way of Louisiana Avenue NW to its intersection with the western right-of-way of North Capitol Street; (80) thence north along said western right-of-way of North Capitol Street to its intersection with the southwestern right- of-way of Massachusetts Avenue NW; (81) thence southeast along said southwestern right-of-way of Massachusetts Avenue NW to the southwestern right-of-way of Massachusetts Avenue NE; (82) thence southeast along said southwestern right-of-way of Massachusetts Avenue NE to the southern right-of-way of Columbus Circle NE; (83) thence counter-clockwise along said southern right-of- way of Columbus Circle NE to its intersection with the southern right-of way of F Street NE; and (84) thence east along said southern right-of-way of F Street NE to the point of beginning. (c) Exclusion of Building Serving as State Capitol.-- Notwithstanding any other provision of this section, after the admission of the State into the Union, the Capital shall not be considered to include the building known as the ``John A. Wilson Building'', as described and designated under section 601(a) of the Omnibus Spending Reduction Act of 1993 (sec. 10-1301(a), D.C. Official Code). (d) Clarification of Treatment of Frances Perkins Building.--The entirety of the Frances Perkins Building, including any portion of the Building which is north of D Street Northwest, shall be included in the Capital. SEC. 113. RETENTION OF TITLE TO PROPERTY. (a) Retention of Federal Title.--The United States shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the United States holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. (b) Retention of State Title.--The State shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the District of Columbia holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF UNITED STATES. Except as otherwise provided in this Act, the laws of the District of Columbia which are in effect on the day before the date of the admission of the State into the Union (without regard to whether such laws were enacted by Congress or by the District of Columbia) shall apply in the Capital in the same manner and to the same extent beginning on the date of the admission of the State into the Union, and shall be deemed laws of the United States which are applicable only in or to the Capital. SEC. 115. CAPITAL NATIONAL GUARD. (a) Establishment.--Title 32, United States Code, is amended as follows: (1) Definitions.--In paragraphs (4), (6), and (19) of section 101, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (2) Branches and organizations.--In section 103, by striking ``District of Columbia'' and inserting ``Capital''. (3) Units: location; organization; command.--In subsections (c) and (d) of section 104, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (4) Availability of appropriations.--In section 107(b), by striking ``District of Columbia'' and inserting ``Capital''. (5) Maintenance of other troops.--In subsections (a), (b), and (c) of section 109, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (6) Drug interdiction and counter-drug activities.--In section 112(h)-- (A) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (B) in paragraph (2), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (7) Enlistment oath.--In section 304, by striking ``District of Columbia'' and inserting ``Capital''. (8) Adjutants general.--In section 314, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (9) Detail of regular members of army and air force to duty with national guard.--In section 315, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (10) Discharge of officers; termination of appointment.--In section 324(b), by striking ``District of Columbia'' and inserting ``Capital''. (11) Relief from national guard duty when ordered to active duty.--In subsections (a) and (b) of section 325, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (12) Courts-martial of national guard not in federal service: composition, jurisdiction, and procedures; convening authority.--In sections 326 and 327, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (13) Active guard and reserve duty: governor's authority.-- In section 328(a), by striking ``District of Columbia'' and inserting ``Capital''. (14) Training generally.--In section 501(b), by striking ``District of Columbia'' and inserting ``Capital''. (15) Participation in field exercises.--In section 503(b), by striking ``District of Columbia'' and inserting ``Capital''. (16) National guard schools and small arms competitions.-- In section 504(b), by striking ``District of Columbia'' and inserting ``Capital''. (17) Army and air force schools and field exercises.--In section 505, by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (18) National guard youth challenge program.--In subsections (c)(1), (g)(2), (j), (k), and (l)(1) of section 509, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (19) Issue of supplies.--In section 702-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsections (b), (c), and (d), by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (20) Purchases of supplies from army or air force.--In subsections (a) and (b) of section 703, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (21) Accountability: relief from upon order to active duty.--In section 704, by striking ``District of Columbia'' and inserting ``Capital''. (22) Property and fiscal officers.--In section 708-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsection (d), by striking ``District of Columbia'' and inserting ``Capital''. (23) Accountability for property issued to the national guard.--In subsections (c), (d), (e), and (f) of section 710, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (24) Disposition of obsolete or condemned property.--In section 711, by striking ``District of Columbia'' and inserting ``Capital''. (25) Disposition of proceeds of condemned stores issued to national guard.--In paragraph (1) of section 712, by striking ``District of Columbia'' and inserting ``Capital''. (26) Property loss; personal injury or death.--In section 715(c), by striking ``District of Columbia'' and inserting ``Capital''. (b) Conforming Amendments.-- (1) Capital defined.-- (A) In general.--Section 101 of title 32, United States Code, is amended by adding at the end the following new paragraph: ``(20) `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (B) With regards to homeland defense activities.-- Section 901 of title 32, United States Code, is amended-- (i) in paragraph (2), by striking ``District of Columbia'' and inserting ``Capital''; and (ii) by adding at the end the following new paragraph: ``(3) The term `Governor' means, with respect to the Capital, the commanding general of the Capital National Guard.''. (2) Title 10, united states code.--Title 10, United States Code, is amended as follows: (A) Definitions.--In section 101-- (i) in subsection (a), by adding at the end the following new paragraph: ``(19) The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''; (ii) in paragraphs (2) and (4) of subsection (c), by striking ``District of Columbia'' both places it appears and inserting ``Capital''; and (iii) in subsection (d)(5), by striking ``District of Columbia'' and inserting ``Capital''. (B) Disposition on discharge.--In section 771a(c), by striking ``District of Columbia'' and inserting ``Capital''. (C) TRICARE coverage for certain members of the national guard and dependents during certain disaster response duty.--In section 1076f-- (i) in subsections (a) and (c)(1), by striking ``with respect to the District of Columbia, the mayor of the District of Columbia'' both places it appears and inserting ``with respect to the Capital, the commanding general of the Capital National Guard''; and (ii) in subsection (c)(2), by striking ``District of Columbia'' and inserting ``Capital''. (D) Payment of claims: availability of appropriations.--In paragraph (2)(B) of section 2732, by striking ``District of Columbia'' and inserting ``Capital''. (E) Members of army national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 7401(c), by striking ``District of Columbia'' and inserting ``Capital''. (F) Members of air national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 9401(c), by striking ``District of Columbia'' and inserting ``Capital''. (G) Ready reserve: failure to satisfactorily perform prescribed training.--In section 10148(b)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (H) Chief of the national guard bureau.--In section 10502(a)(1)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (I) Vice chief of the national guard bureau.--In section 10505(a)(1)(A)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (J) Other senior national guard bureau officers.-- In subparagraphs (A) and (B) of section 10506(a)(1)-- (i) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (K) National guard bureau: general provisions.--In section 10508(b)(1), by striking ``District of Columbia'' and inserting ``Capital''. (L) Commissioned officers: original appointment; limitation.--In section 12204(b), by striking ``District of Columbia'' and inserting ``Capital''. (M) Reserve components generally.--In section 12301(b), by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (N) National guard in federal service: call.--In section 12406-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (O) Result of failure to comply with standards and qualifications.--In section 12642(c), by striking ``District of Columbia'' and inserting ``Capital''. (P) Limitation on relocation of national guard units.--In section 18238-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED STATES AS MUNICIPAL CORPORATION. Notwithstanding section 2 of the Revised Statutes relating to the District of Columbia (sec. 1-102, D.C. Official Code) or any other provision of law codified in subchapter I of chapter 1 of the District of Columbia Official Code, effective upon the date of the admission of the State into the Union, the Capital (or any portion thereof) shall not serve as a government and shall not be a body corporate for municipal purposes. Subtitle C--General Provisions Relating to Laws of State SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS. (a) Legislative Power.--The legislative power of the State shall extend to all rightful subjects of legislation in the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Continuation of Authority and Duties of Members of Executive, Legislative, and Judicial Offices.--Upon the admission of the State into the Union, members of executive, legislative, and judicial offices of the District of Columbia shall be deemed members of the respective executive, legislative, and judicial offices of the State, as provided by the State Constitution and the laws of the State. (c) Treatment of Federal Laws.--To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect in the State as elsewhere in the United States, except as such law may otherwise provide. (d) No Effect on Existing Contracts.--Nothing in the admission of the State into the Union shall affect any obligation under any contract or agreement under which the District of Columbia or the United States is a party, as in effect on the day before the date of the admission of the State into the Union. (e) Succession in Interstate Compacts.--The State shall be deemed to be the successor to the District of Columbia for purposes of any interstate compact which is in effect on the day before the date of the admission of the State into the Union. (f) Continuation of Service of Federal Members on Boards and Commissions.--Nothing in the admission of the State into the Union shall affect the authority of a representative of the Federal Government who, as of the day before the date of the admission of the State into the Union, is a member of a board or commission of the District of Columbia to serve as a member of such board or commission or as a member of a successor to such board or commission after the admission of the State into the Union, as may be provided by the State Constitution and the laws of the State. (g) Special Rule Regarding Enforcement Authority of United States Capitol Police, United States Park Police, and United States Secret Service Uniformed Division.--The United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division may not enforce any law of the State in the State, except to the extent authorized by the State. Nothing in this subsection may be construed to affect the authority of the United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division to enforce any law in the Capital. SEC. 122. PENDING ACTIONS AND PROCEEDINGS. (a) State as Legal Successor to District of Columbia.--The State shall be the legal successor to the District of Columbia in all matters. (b) No Effect on Pending Proceedings.--All existing writs, actions, suits, judicial and administrative proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, claims, demands, titles, and rights shall continue unaffected by the admission of the State into the Union with respect to the State or the United States, except as may be provided under this Act, as may be modified in accordance with the provisions of the State Constitution, and as may be modified by the laws of the State or the United States, as the case may be. SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY. The State may not impose any tax on any real or personal property owned or acquired by the United States, except to the extent that Congress may permit. SEC. 124. UNITED STATES NATIONALITY. No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property SEC. 201. TREATMENT OF MILITARY LANDS. (a) Reservation of Federal Authority.-- (1) In general.--Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located in the State that, on the day before the date of the admission of the State into the Union, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority.--The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and held for defense or Coast Guard purposes. (b) Authority of State.-- (1) In general.--The reservation of authority in the United States under subsection (a) shall not operate to prevent such tracts or parcels of land from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process.--The State shall have the right to serve civil or criminal process in such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in the State but outside of such lands. SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY. (a) In General.--As a compact with the United States, the State and its people disclaim all right and title to any real or personal property not granted or confirmed to the State by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on Claims Against United States.-- (1) In general.--Nothing in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction.--Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability to or the effect of any law on any such claim shall be unaffected by anything in this Act. Subtitle B--Federal Courts SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS. (a) Circuit Judges.--Section 44(c) of title 28, United States Code, is amended-- (1) by striking ``Except in the District of Columbia, each'' and inserting ``Each''; and (2) by striking ``within fifty miles of the District of Columbia'' and inserting ``within fifty miles of the Capital''. (b) District Judges.--Section 134(b) of such title is amended in the first sentence by striking ``the District of Columbia, the Southern District of New York, and'' and inserting ``the Southern District of New York and''. (c) United States Attorneys.--Section 545(a) of such title is amended by striking the first sentence and inserting ``Each United States attorney shall reside in the district for which he or she is appointed, except that those officers of the Southern District of New York and the Eastern District of New York may reside within 20 miles thereof.''. (d) United States Marshals.--Section 561(e)(1) of such title is amended to read as follows: ``(1) the marshal for the Southern District of New York may reside within 20 miles of the district; and''. (e) Clerks of District Courts.--Section 751(c) of such title is amended by striking ``the District of Columbia and''. (f) Effective Date.--The amendments made by this section shall apply only to individuals appointed after the date of the admission of the State into the Union. SEC. 212. RENAMING OF FEDERAL COURTS. (a) Renaming.-- (1) Circuit court.--Section 41 of title 28, United States Code, is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; and (B) in the second column, by striking ``District of Columbia'' and inserting ``Capital; Washington, Douglass Commonwealth''. (2) District court.--Section 88 of such title is amended-- (A) in the heading, by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''; (B) by amending the first paragraph to read as follows: ``The State of Washington, Douglass Commonwealth and the Capital comprise one judicial district.''; and (C) in the second paragraph, by striking ``Washington'' and inserting ``the Capital''. (3) Clerical amendment.--The item relating to section 88 in the table of sections for chapter 5 of such title is amended to read as follows: ``88. Washington, Douglass Commonwealth and the Capital.''. (b) Conforming Amendments Relating to Court of Appeals.--Title 28, United States Code, is amended as follows: (1) Appointment of judges.--Section 44(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Capital''. (2) Terms of court.--Section 48(a) of such title is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; (B) in the second column, by striking ``Washington'' and inserting ``Capital''; and (C) in the second column, by striking ``District of Columbia'' and inserting ``Capital''. (3) Appointment of independent counsels by chief judge of circuit.--Section 49 of such title is amended by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (4) Circuit court jurisdiction over certification of death penalty counsels.--Section 2265(c)(2) of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (5) Circuit court jurisdiction over review of federal agency orders.--Section 2343 of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (c) Conforming Amendments Relating to District Court.--Title 28, United States Code, is amended as follows: (1) Appointment and number of district court judges.-- Section 133(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) District court jurisdiction of tax cases brought against united states.--Section 1346(e) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (3) District court jurisdiction over proceedings for forfeiture of foreign property.--Section 1355(b)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (4) District court jurisdiction over civil actions brought against a foreign state.--Section 1391(f)(4) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (5) District court jurisdiction over actions brought by corporations against united states.--Section 1402(a)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (6) Venue in district court of certain actions brought by employees of executive office of the president.--Section 1413 of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (7) Venue in district court of action enforcing foreign judgment.--Section 2467(c)(2)(B) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (d) Conforming Amendments Relating to Other Courts.--Title 28, United States Code, is amended as follows: (1) Appointment of bankruptcy judges.--Section 152(a)(2) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) Location of court of federal claims.--Section 173 of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (3) Duty station of judges of court of federal claims.-- Section 175 of such title is amended by striking ``the District of Columbia'' each place it appears and inserting ``the Capital''. (4) Duty station of judges for purposes of traveling expenses.--Section 456(b) of such title is amended to read as follows: ``(b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the Federal Circuit shall be the Capital.''. (5) Court accommodations for federal circuit and court of federal claims.--Section 462(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (6) Places of holding court of court of federal claims.-- Section 798(a) of such title is amended-- (A) by striking ``Washington, District of Columbia'' and inserting ``the Capital''; and (B) by striking ``the District of Columbia'' and inserting ``the Capital''. (e) Other Conforming Amendments.-- (1) Service of process on foreign parties at state department office.--Section 1608(a)(4) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (2) Service of process in property cases at attorney general office.--Section 2410(b) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (f) Definition.--Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph: ``The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (g) References in Other Laws.--Any reference in any Federal law (other than a law amended by this section), rule, or regulation-- (1) to the United States Court of Appeals for the District of Columbia shall be deemed to refer to the United States Court of Appeals for the Capital; (2) to the District of Columbia Circuit shall be deemed to refer to the Capital Circuit; and (3) to the United States District Court for the District of Columbia shall be deemed to refer to the United States District Court for Washington, Douglass Commonwealth and the Capital. (h) Effective Date.--This section and the amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE. (a) Appointment of United States Trustees.--Section 581(a)(4) of title 28, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital and Washington, Douglass Commonwealth''. (b) Independent Counsels.-- (1) Appointment of additional personnel.--Section 594(c) of such title is amended-- (A) by striking ``the District of Columbia'' the first place it appears and inserting ``Washington, Douglass Commonwealth and the Capital''; and (B) by striking ``the District of Columbia'' the second place it appears and inserting ``Washington, Douglass Commonwealth''. (2) Judicial review of removal.--Section 596(a)(3) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT COURT. Section 3152 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``(other than the District of Columbia)'' and inserting ``(subject to subsection (d), other than the District of Columbia)''; and (2) by adding at the end the following new subsection: ``(d) In the case of the judicial district of Washington, Douglass Commonwealth and the Capital-- ``(1) upon the admission of the State of Washington, Douglass Commonwealth into the Union, the Washington, Douglass Commonwealth Pretrial Services Agency shall continue to provide pretrial services in the judicial district in the same manner and to the same extent as the District of Columbia Pretrial Services Agency provided such services in the judicial district of the District of Columbia as of the day before the date of the admission of the State into the Union; and ``(2) upon the receipt by the President of the certification from the State of Washington, Douglass Commonwealth under section 315(b)(4) of the Washington, D.C. Admission Act that the State has in effect laws providing for the State to provide pre-trial services, paragraph (1) shall no longer apply, and the Director shall provide for the establishment of pretrial services in the judicial district under this section.''. Subtitle C--Federal Elections SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL TO VOTE IN FEDERAL ELECTIONS IN STATE OF MOST RECENT DOMICILE. (a) Requirement for States To Permit Individuals To Vote by Absentee Ballot.-- (1) In general.--Each State shall-- (A) permit absent Capital voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent Capital voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent capital voter defined.--In this section, the term ``absent Capital voter'' means, with respect to a State, a person who resides in the Capital and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the Capital), but only if the State is the last place in which the person was domiciled before residing in the Capital. (3) State defined.--In this section, the term ``State'' means each of the several States, including the State. (b) Recommendations to States To Maximize Access to Polls by Absent Capital Voters.--To afford maximum access to the polls by absent Capital voters, it is the sense of Congress that the States should-- (1) waive registration requirements for absent Capital voters who, by reason of residence in the Capital, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement.--The Attorney General may bring a civil action in the appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on Certain Other Laws.--The exercise of any right under this section shall not affect, for purposes of a Federal tax, a State tax, or a local tax, the residence or domicile of a person exercising such right. (e) Effective Date.--This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. SEC. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives,''; (2) in section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6), (B) in paragraph (12), by striking ``(except the Delegate to Congress for the District of Columbia)'', and (C) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia,''; (3) in section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) by striking ``Delegate,'' in the heading, and (B) by striking ``Delegate,'' each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), (j)(3), and (k)(3); (4) in section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)-- (i) by striking ``Delegate,'' each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official Code), by striking ``Delegate to the House of Representatives,''; (6) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,''; and (7) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``except the Delegate to the Congress from the District of Columbia''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF GOVERNMENT IN ELECTION OF PRESIDENT AND VICE PRESIDENT. (a) In General.--Chapter 1 of title 3, United States Code, is amended-- (1) by striking section 21; and (2) in the table of sections, by striking the item relating to section 21. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice President taking place on or after such date. SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL AMENDMENT REPEALING 23RD AMENDMENT. (a) Joint Resolution Described.--In this section, the term ``joint resolution'' means a joint resolution-- (1) entitled ``A joint resolution proposing an amendment to the Constitution of the United States to repeal the 23rd article of amendment''; and (2) the matter after the resolving clause of which consists solely of text to amend the Constitution of the United States to repeal the 23rd article of amendment to the Constitution. (b) Expedited Consideration in House of Representatives.-- (1) Placement on calendar.--Upon introduction in the House of Representatives, the joint resolution shall be placed immediately on the appropriate calendar. (2) Proceeding to consideration.-- (A) In general.--It shall be in order, not later than 30 legislative days after the date the joint resolution is introduced in the House of Representatives, to move to proceed to consider the joint resolution in the House of Representatives. (B) Procedure.--For a motion to proceed to consider the joint resolution-- (i) all points of order against the motion are waived; (ii) such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution; (iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; (iv) the motion shall not be debatable; and (v) a motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration.--When the House of Representatives proceeds to consideration of the joint resolution-- (A) the joint resolution shall be considered as read; (B) all points of order against the joint resolution and against its consideration are waived; (C) the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent; (D) an amendment to the joint resolution shall not be in order; and (E) a motion to reconsider the vote on passage of the joint resolution shall not be in order. (c) Expedited Consideration in Senate.-- (1) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 30 legislative days after the date the joint resolution is introduced in the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure.--For a motion to proceed to the consideration of the joint resolution-- (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration.-- (A) In general.--If the Senate proceeds to consideration of the joint resolution-- (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 30 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage.--In the Senate the vote on passage shall occur immediately following the conclusion of the consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (d) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of the joint resolution of that House, that House receives from the other House the joint resolution-- (A) the joint resolution of the other House shall not be referred to a committee; and (B) with respect to the joint resolution of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; and (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house.--If one House fails to introduce or consider the joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (e) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the joint resolution, and supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS. (a) Continuation of Entitlement to Payments.--Any individual who, as of the day before the date of the admission of the State into the Union, is entitled to a Federal benefit payment under the District of Columbia Retirement Protection Act of 1997 (subtitle A of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to be entitled to such a payment after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (b) Obligations of Federal Government.-- (1) In general.--Any obligation of the Federal Government under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (2) D.C. federal pension fund.--Any obligation of the Federal Government under chapter 9 of the District of Columbia Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C. Official Code) with respect to the D.C. Federal Pension Fund which exists as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such Fund after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such chapter. (c) Obligations of State.--Any obligation of the District of Columbia under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such an individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT OF COLUMBIA MERIT PERSONNEL SYSTEM. (a) Obligations of Federal Government.--Any obligation of the Federal Government under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (b) Obligations of State.--Any obligation of the District of Columbia under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (c) Individuals Described.--An individual described in this subsection is an individual who was first employed by the government of the District of Columbia before October 1, 1987. SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT PROGRAM. (a) Continuation of Obligations.-- (1) In general.--Any obligation of the Federal Government under subchapter III of chapter 15 of title 11, District of Columbia Official Code-- (A) which exists with respect to any individual and the District of Columbia as the result of service accrued prior to the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter; and (B) subject to paragraph (2), shall exist with respect to any individual and the State as the result of service accrued after the date of the admission of the State into the Union in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter as such obligation existed with respect to individuals and the District of Columbia as of the date of the admission of the State into the Union. (2) Treatment of service accrued after taking effect of state retirement program.--Subparagraph (B) of paragraph (1) does not apply to service accrued on or after the termination date described in subsection (b). (b) Termination Date.--The termination date described in this subsection is the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the retirement of judges of the State. Subtitle B--Agencies SEC. 311. PUBLIC DEFENDER SERVICE. (a) Continuation of Operations and Funding.-- (1) In general.--Except as provided in paragraph (2) and subsection (b), title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code) shall apply with respect to the State and to the public defender service of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the District of Columbia Public Defender Service as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 305(c) of such Act (sec. 2- 1605(c)(2), D.C. Official Code), the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the public defender service of the State and who, pursuant to section 305(c) of such Act (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (b) Renaming of Service.--Effective upon the date of the admission of the State into the Union, the State may rename the public defender service of the State. (c) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the public defender service of the State as of the day before the date described in subsection (d) and who, pursuant to section 305(c) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of subsection (a) under subsection (d). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (d), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (d) Termination.--Subsection (a) shall terminate upon the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the office of the State which provides the services described in title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code). SEC. 312. PROSECUTIONS. (a) Assignment of Assistant United States Attorneys.-- (1) In general.--In accordance with subchapter VI of chapter 33 of title 5, United States Code, the Attorney General, with the concurrence of the District of Columbia or the State (as the case may be), shall provide for the assignment of assistant United States attorneys to the State to carry out the functions described in subsection (b). (2) Assignments made on detail without reimbursement by state.--In accordance with section 3373 of title 5, United States Code-- (A) an assistant United States attorney who is assigned to the State under this section shall be deemed under subsection (a) of such section to be on detail to a regular work assignment in the Department of Justice; and (B) the assignment of an assistant United States attorney to the State under this section shall be made without reimbursement by the State of the pay of the attorney or any related expenses. (b) Functions Described.--The functions described in this subsection are criminal prosecutions conducted in the name of the State which would have been conducted in the name of the United States by the United States attorney for the District of Columbia or his or her assistants, as provided under section 23-101(c), District of Columbia Official Code, but for the admission of the State into the Union. (c) Minimum Number Assigned.--The number of assistant United States attorneys who are assigned under this section may not be less than the number of assistant United States attorneys whose principal duties as of the day before the date of the admission of the State into the Union were to conduct criminal prosecutions in the name of the United States under section 23-101(c), District of Columbia Official Code. (d) Termination.--The obligation of the Attorney General to provide for the assignment of assistant United States attorneys under this section shall terminate upon written certification by the State to the President that the State has appointed attorneys of the State to carry out the functions described in subsection (b). (e) Clarification Regarding Clemency Authority.-- (1) In general.--Effective upon the admission of the State into the Union, the authority to grant clemency for offenses against the District of Columbia or the State shall be exercised by such person or persons, and under such terms and conditions, as provided by the State Constitution and the laws of the State, without regard to whether the prosecution for the offense was conducted by the District of Columbia, the State, or the United States. (2) Definition.--In this subsection, the term ``clemency'' means a pardon, reprieve, or commutation of sentence, or a remission of a fine or other financial penalty. SEC. 313. SERVICE OF UNITED STATES MARSHALS. (a) Provision of Services for Courts of State.--The United States Marshals Service shall provide services with respect to the courts and court system of the State in the same manner and to the same extent as the Service provided services with respect to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union, except that the President shall not appoint a United States Marshal under section 561 of title 28, United States Code, for any court of the State. (b) Termination.--The obligation of the United States Marshals Service to provide services under this section shall terminate upon written certification by the State to the President that the State has appointed personnel of the State to provide such services. SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS. (a) Continuation of Designation.--Chapter 1 of subtitle C of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and the amendments made by such chapter-- (1) shall continue to apply with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union; and (2) shall apply with respect to individuals convicted of offenses under the laws of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such chapter and amendments applied with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws for the housing of individuals described in subsection (a) in correctional facilities. SEC. 315. PAROLE AND SUPERVISION. (a) United States Parole Commission.-- (1) Parole.--The United States Parole Commission-- (A) shall continue to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11231 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-131, D.C. Official Code); and (B) shall exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State in the same manner and to the same extent as the Commission exercised in the case of any individual described in subparagraph (A). (2) Supervision of released offenders.--The United States Parole Commission-- (A) shall continue to exercise the authority over individuals who are released offenders of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11233(c)(2) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133(c)(2), D.C. Official Code); and (B) shall exercise authority over individuals who are released offenders of the State in the same manner and to the same extent as the Commission exercised authority over individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the United States Parole Commission as of the later of the day before the date described in subparagraph (A) of paragraph (4) or the day before the date described in subparagraph (B) of paragraph (4) and who, on or after such date, is an employee of the office of the State which exercises the authority described in either such subparagraph, shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of this subsection under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the later of the date described in subparagraph (A) of paragraph (4) or the date described in subparagraph (B) of paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--The provisions of this subsection shall terminate-- (A) in the case of paragraph (1), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State; and (B) in the case of paragraph (2), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise authority over individuals who are released offenders of the State. (b) Court Services and Offender Supervision Agency.-- (1) Renaming.--Effective upon the date of the admission of the State into the Union-- (A) the Court Services and Offender Supervision Agency for the District of Columbia shall be known and designated as the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, and any reference in any law, rule, or regulation to the Court Services and Offender Supervision Agency for the District of Columbia shall be deemed to refer to the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth; and (B) the District of Columbia Pretrial Services Agency shall be known and designated as the Washington, Douglass Commonwealth Pretrial Services Agency, and any reference in any law, rule or regulation to the District of Columbia Pretrial Services Agency shall be deemed to refer to the Washington, Douglass Commonwealth Pretrial Services Agency. (2) In general.--The Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, including the Washington, Douglass Commonwealth Pretrial Services Agency (as renamed under paragraph (1))-- (A) shall continue to provide pretrial services with respect to individuals who are charged with an offense in the District of Columbia, provide supervision for individuals who are offenders on probation, parole, and supervised release pursuant to the laws of the District of Columbia, and carry out sex offender registration functions with respect to individuals who are sex offenders in the District of Columbia, as of the day before the date of the admission of the State into the Union, as provided under section 11233 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code); and (B) shall provide pretrial services with respect to individuals who are charged with an offense in the State, provide supervision for offenders on probation, parole, and supervised release pursuant to the laws of the State, and carry out sex offender registration functions in the State, in the same manner and to the same extent as the Agency provided such services and supervision and carried out such functions for individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth as of the day before the date described in paragraph (4), and who, on or after such date, is an employee of the office of the State which provides the services and carries out the functions described in paragraph (4), shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of paragraph (2) under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the date described in paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--Paragraph (2) shall terminate on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to provide pretrial services, supervise offenders on probation, parole, and supervised release, and carry out sex offender registration functions in the State. SEC. 316. COURTS. (a) Continuation of Operations.-- (1) In general.--Except as provided in paragraphs (2) and (3) and subsection (b), title 11, District of Columbia Official Code, as in effect on the date before the date of the admission of the State into the Union, shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 11-1726(b) and paragraph (2) of section 11-1726(c), District of Columbia Official Code, the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the courts and court system of the State and who, pursuant to either such paragraph, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (3) Other exceptions.-- (A) Selection of judges.--Effective upon the date of the admission of the State into the Union, the State shall select judges for any vacancy on the courts of the State. (B) Renaming of courts and other offices.-- Effective upon the date of the admission of the State into the Union, the State may rename any of its courts and any of the other offices of its court system. (C) Rules of construction.--Nothing in this paragraph shall be construed-- (i) to affect the service of any judge serving on a court of the District of Columbia on the day before the date of the admission of the State into the Union, or to require the State to select such a judge for a vacancy on a court of the State; or (ii) to waive any of the requirements of chapter 15 of title 11, District of Columbia Official Code (other than section 11-1501(a) of such Code), including subchapter II of such chapter (relating to the District of Columbia Commission on Judicial Disabilities and Tenure), with respect to the appointment and service of judges of the courts of the State. (b) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the courts or court system of the State as of the day before the date described in subsection (e) and who, pursuant to section 11-1726(b) or section 11-1726(c), District of Columbia Official Code, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of this section under subsection (e). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (e), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (c) Continuation of Funding.--Section 11241 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (section 11- 1743 note, District of Columbia Official Code) shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such section applied with respect to the Joint Committee on Judicial Administration in the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (d) Treatment of Court Receipts.-- (1) Deposit of receipts into treasury.--Except as provided in paragraph (2), all money received by the courts and court system of the State shall be deposited in the Treasury of the United States. (2) Crime victims compensation fund.--Section 16 of the Victims of Violent Crime Compensation Act of 1996 (sec. 4-515, D.C. Official Code), relating to the Crime Victims Compensation Fund, shall apply with respect to the courts and court system of the State in the same manner and to the same extent as such section applied to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (e) Termination.--The provisions of this section, other than paragraph (3) of subsection (a) and except as provided under subsection (b), shall terminate on the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the courts and court system of the State. Subtitle C--Other Programs and Authorities SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT. (a) Continuation.--The District of Columbia College Access Act of 1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code) shall apply with respect to the State, and to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia and the University of the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section, other than with respect to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State to provide tuition assistance substantially similar to the assistance provided under the District of Columbia College Access Act of 1999. SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT. (a) Continuation.--The Scholarships for Opportunity and Results Act (division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code) shall apply with respect to the State after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State-- (1) to provide tuition assistance substantially similar to the assistance provided under the Scholarships for Opportunity and Results Act; and (2) to provide supplemental funds to the public schools and public charter schools of the State in the amounts provided in the most recent fiscal year for public schools and public charter schools of the State or the District of Columbia (as the case may be) under such Act. SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) Continuation.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on the date of the admission of the State into the Union and ending on September 30 of the fiscal year during which the State submits the certification described in subsection (b), the Federal medical assistance percentage for the State under title XIX of such Act shall be the Federal medical assistance percentage for the District of Columbia under such title as of the day before the date of the admission of the State into the Union. (b) Termination.--The certification described in this subsection is a written certification by the State to the President that, during each of the first 5 fiscal years beginning after the date of the certification, the estimated revenues of the State will be sufficient to cover any reduction in revenues which may result from the termination of the provisions of this section. SEC. 324. FEDERAL PLANNING COMMISSIONS. (a) National Capital Planning Commission.-- (1) Continuing application.--Subject to the amendments made by paragraphs (2) and (3), upon the admission of the State into the Union, chapter 87 of title 40, United States Code, shall apply as follows: (A) Such chapter shall apply with respect to the Capital in the same manner and to the same extent as such chapter applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (B) Such chapter shall apply with respect to the State in the same manner and to the same extent as such chapter applied with respect to the State of Maryland and the Commonwealth of Virginia as of the day before the date of the admission of the State into the Union. (2) Composition of national capital planning commission.-- Section 8711(b) of title 40, United States Code, is amended-- (A) by amending subparagraph (B) of paragraph (1) to read as follows: ``(B) four citizens with experience in city or regional planning, who shall be appointed by the President.''; and (B) by amending paragraph (2) to read as follows: ``(2) Residency requirement.--Of the four citizen members, one shall be a resident of Virginia, one shall be a resident of Maryland, and one shall be a resident of Washington, Douglass Commonwealth.''. (3) Conforming amendments to definitions of terms.-- (A) Environs.--Paragraph (1) of section 8702 of such title is amended by striking ``the territory surrounding the District of Columbia'' and inserting ``the territory surrounding the National Capital''. (B) National capital.--Paragraph (2) of section 8702 of such title is amended to read as follows: ``(2) National capital.--The term `National Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act, and the territory the Federal Government owns in the environs.''. (C) National capital region.--Subparagraph (A) of paragraph (3) of section 8702 of such title is amended to read as follows: ``(A) the National Capital and the State of Washington, Douglass Commonwealth;''. (b) Commission of Fine Arts.-- (1) Limiting application to the capital.--Section 9102(a)(1) of title 40, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (2) Definition.--Section 9102 of such title is amended by adding at the end the following new subsection: ``(d) Definition.--In this chapter, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (3) Conforming amendment.--Section 9101(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (c) Commemorative Works Act.-- (1) Limiting application to capital.--Section 8902 of title 40, United States Code, is amended by adding at the end the following new subsection: ``(c) Limiting Application to Capital.--This chapter applies only with respect to commemorative works in the Capital and its environs.''. (2) Definition.--Paragraph (2) of section 8902(a) of such title is amended to read as follows: ``(2) Capital and its environs.--The term `Capital and its environs' means-- ``(A) the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act; and ``(B) those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003, that are located outside of the State of Washington, Douglass Commonwealth.''. (3) Temporary site designation.--Section 8907(a) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital and its environs''. (4) General conforming amendments.--Chapter 89 of such title is amended by striking ``the District of Columbia and its environs'' each place it appears in the following sections and inserting ``the Capital and its environs'': (A) Section 8901(2) and 8901(4). (B) Section 8902(a)(4). (C) Section 8903(d). (D) Section 8904(c). (E) Section 8905(a). (F) Section 8906(a). (G) Section 8909(a) and 8909(b). (5) Additional conforming amendment.--Section 8901(2) of such title is amended by striking ``the urban fabric of the District of Columbia'' and inserting ``the urban fabric of the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act''. (d) Effective Date.--This section and the amendments made by this section shall take effect on the date of the admission of the State into the Union. SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER. (a) Continuation of Role.--Chapter 95 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 9508. Applicability to Capital and State of Washington, Douglass Commonwealth ``(a) In General.--Effective upon the admission of the State of Washington, Douglass Commonwealth into the Union, any reference in this chapter to the District of Columbia shall be deemed to refer to the Capital or the State of Washington, Douglass Commonwealth, as the case may be. ``(b) Definition.--In this section, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (b) Clerical Amendment.--The table of sections of chapter 95 of such title is amended by adding at the end the following: ``9508. Applicability to Capital and State of Washington, Douglass Commonwealth.''. SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA. The location of any person in the Capital or Washington, Douglass Commonwealth on the day after the date of the admission of the State into the Union shall be deemed to satisfy any requirement under any law in effect as of the day before the date of the admission of the State into the Union that the person be located in the District of Columbia, including the requirements of section 72 of title 4, United States Code (relating to offices of the seat of the Government of the United States), and title 36, United States Code (relating to patriotic and national organizations). TITLE IV--GENERAL PROVISIONS SEC. 401. GENERAL DEFINITIONS. In this Act, the following definitions shall apply: (1) The term ``Capital'' means the area serving as the seat of the Government of the United States, as described in section 112. (2) The term ``Council'' means the Council of the District of Columbia. (3) The term ``Mayor'' means the Mayor of the District of Columbia. (4) Except as otherwise provided, the term ``State'' means the State of Washington, Douglass Commonwealth. (5) The term ``State Constitution'' means the proposed Constitution of the State of Washington, D.C., as approved by the Council on October 18, 2016, pursuant to the Constitution and Boundaries for the State of Washington, D.C. Approval Resolution of 2016 (D.C. Resolution R21-621), ratified by District of Columbia voters in Advisory Referendum B approved on November 8, 2016, and certified by the District of Columbia Board of Elections on November 18, 2016. SEC. 402. STATEHOOD TRANSITION COMMISSION. (a) Establishment.--There is established the Statehood Transition Commission (hereafter in this section referred to as the ``Commission''). (b) Composition.-- (1) In general.--The Commission shall be composed of 18 members as follows: (A) 3 members appointed by the President. (B) 2 members appointed by the Speaker of the House of Representatives. (C) 2 members appointed by the Minority Leader of the House of Representatives. (D) 2 members appointed by the Majority Leader of the Senate. (E) 2 members appointed by the Minority Leader of the Senate. (F) 3 members appointed by the Mayor. (G) 3 members appointed by the Council. (H) The Chief Financial Officer of the District of Columbia. (2) Appointment date.-- (A) In general.--The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (B) Effect of lack of appointment by appointment date.--If one or more appointments under any of the subparagraphs of paragraph (1) is not made by the appointment date specified in subparagraph (A), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (3) Term of service.--Each member shall be appointed for the life of the Commission. (4) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No compensation.--Members shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Chair and vice chair.--The Chair and Vice Chair of the Commission shall be elected by the members of the Commission-- (A) with respect to the Chair, from among the members described in subparagraphs (A) through (E) of paragraph (1); and (B) with respect to the Vice Chair, from among the members described in subparagraphs (F) and (G) of paragraph (1). (c) Staff.-- (1) Director.--The Commission shall have a Director, who shall be appointed by the Chair. (2) Other staff.--The Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (3) Non-applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Duties.--The Commission shall advise the President, Congress, the Mayor (or, upon the admission of the State into the Union, the chief executive officer of the State), and the Council (or, upon the admission of the State into the Union, the legislature of the State) concerning an orderly transition to statehood for the District of Columbia or the State (as the case may be) and to a reduced geographical size of the seat of the Government of the United States, including with respect to property, funding, programs, projects, and activities. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair. (2) Initial meeting.--The Commission shall hold its first meeting not later than the earlier of-- (A) 30 days after the date on which all members of the Commission have been appointed; or (B) if the number of members of the Commission is reduced under subsection (b)(2)(B), 90 days after the date of the enactment of this Act. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Reports.--The Commission shall submit such reports as the Commission considers appropriate or as may be requested by the President, Congress, or the District of Columbia (or, upon the admission of the State into the Union, the State). (h) Termination.--The Commission shall cease to exist 2 years after the date of the admission of the State into the Union. SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT. Not more than 60 days after the date of the enactment of this Act, the President shall provide written certification of such enactment to the Mayor. SEC. 404. SEVERABILITY. Except as provided in section 101(c), if any provision of this Act or amendment made by this Act, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall not be affected by the holding. all
H.R. 51 (Received in Senate) - Washington, D.C. Admission Act	https://www.govinfo.gov/content/pkg/BILLS-117hr51rds/html/BILLS-117hr51rds.htm	DOC 117th CONGRESS 1st Session H. R. 51 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 22, 2021 Received _______________________________________________________________________ AN ACT To provide for the admission of the State of Washington, D.C. into the Union. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Washington, D.C. Admission Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Election of Senators and Representative. Sec. 103. Issuance of presidential proclamation. Subtitle B--Seat of Government of the United States Sec. 111. Territory and boundaries. Sec. 112. Description of Capital. Sec. 113. Retention of title to property. Sec. 114. Effect of admission on current laws of seat of Government of United States. Sec. 115. Capital National Guard. Sec. 116. Termination of legal status of seat of Government of United States as municipal corporation. Subtitle C--General Provisions Relating to Laws of State Sec. 121. Effect of admission on current laws. Sec. 122. Pending actions and proceedings. Sec. 123. Limitation on authority to tax Federal property. Sec. 124. United States nationality. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property Sec. 201. Treatment of military lands. Sec. 202. Waiver of claims to Federal property. Subtitle B--Federal Courts Sec. 211. Residency requirements for certain Federal officials. Sec. 212. Renaming of Federal courts. Sec. 213. Conforming amendments relating to Department of Justice. Sec. 214. Treatment of pretrial services in United States District Court. Subtitle C--Federal Elections Sec. 221. Permitting individuals residing in Capital to vote in Federal elections in State of most recent domicile. Sec. 222. Repeal of Office of District of Columbia Delegate. Sec. 223. Repeal of law providing for participation of seat of government in election of President and Vice-President. Sec. 224. Expedited procedures for consideration of constitutional amendment repealing 23rd Amendment. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits Sec. 301. Federal benefit payments under certain retirement programs. Sec. 302. Continuation of Federal civil service benefits for employees first employed prior to establishment of District of Columbia merit personnel system. Sec. 303. Obligations of Federal Government under judges' retirement program. Subtitle B--Agencies Sec. 311. Public Defender Service. Sec. 312. Prosecutions. Sec. 313. Service of United States Marshals. Sec. 314. Designation of felons to facilities of Bureau of Prisons. Sec. 315. Parole and supervision. Sec. 316. Courts. Subtitle C--Other Programs and Authorities Sec. 321. Application of the College Access Act. Sec. 322. Application of the Scholarships for Opportunity and Results Act. Sec. 323. Medicaid Federal medical assistance percentage. Sec. 324. Federal planning commissions. Sec. 325. Role of Army Corps of Engineers in supplying water. Sec. 326. Requirements to be located in District of Columbia. TITLE IV--GENERAL PROVISIONS Sec. 401. General definitions. Sec. 402. Statehood Transition Commission. Sec. 403. Certification of enactment by President. Sec. 404. Severability. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission SEC. 101. ADMISSION INTO THE UNION. (a) In General.--Subject to the provisions of this Act, upon the issuance of the proclamation required by section 103(a), the State of Washington, Douglass Commonwealth is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of State.--The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States or the principles of the Declaration of Independence. (c) Nonseverability.--If any provision of this section, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall be treated as invalid. SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE. (a) Issuance of Proclamation.-- (1) In general.--Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 403, the Mayor shall issue a proclamation for the first elections for 2 Senators and one Representative in Congress from the State, subject to the provisions of this section. (2) Special rule for elections of senators.--In the elections of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators shall be assigned. (b) Rules for Conducting Elections.-- (1) In general.--The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election, and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified voters of the District of Columbia in the manner required by the laws of the District of Columbia. (2) Certification of results.--Election results shall be certified in the manner required by the laws of the District of Columbia, except that the Mayor shall also provide written certification of the results of such elections to the President. (c) Assumption of Duties.--Upon the admission of the State into the Union, the Senators and Representative elected at the elections described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of the other States in Congress. (d) Effect of Admission on House of Representatives Membership.-- (1) Permanent increase in number of members.--Effective with respect to the Congress during which the State is admitted into the Union and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the State. (2) Initial number of representatives for state.--Until the taking effect of the first apportionment of Members occurring after the admission of the State into the Union, the State shall be entitled to one Representative in the House of Representatives upon its admission into the Union. (3) Apportionment of members resulting from admission of state.-- (A) Apportionment.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``436 Representatives''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to the first regular decennial census conducted after the admission of the State into the Union and each subsequent regular decennial census. SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION. (a) In General.--The President, upon the certification of the results of the elections of the officers required to be elected as provided in section 102(a), shall, not later than 90 days after receiving such certification pursuant to section 102(b)(2), issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of State Upon Issuance of Proclamation.--Upon the issuance of the proclamation by the President under subsection (a), the State shall be declared admitted into the Union as provided in section 101(a). Subtitle B--Seat of Government of the United States SEC. 111. TERRITORY AND BOUNDARIES. (a) In General.--Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the metes and bounds survey conducted under subsection (c). (b) Exclusion of Portion Remaining as Seat of Government of United States.--The territory of the State shall not include the area described in section 112, which shall be known as the ``Capital'' and shall serve as the seat of the Government of the United States, as provided in clause 17 of section 8 of article I of the Constitution of the United States. (c) Metes and Bounds Survey.--Not later than 180 days after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a metes and bounds survey of the Capital, as described in section 112(b). SEC. 112. DESCRIPTION OF CAPITAL. (a) In General.--Subject to subsection (c), upon the admission of the State into the Union, the Capital shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building (as such terms are used in section 8501(a) of title 40, United States Code). (b) General Description.--Upon the admission of the State into the Union, the boundaries of the Capital shall be as follows: Beginning at the intersection of the southern right-of-way of F Street NE and the eastern right-of-way of 2nd Street NE; (1) thence south along said eastern right-of-way of 2nd Street NE to its intersection with the northeastern right-of- way of Maryland Avenue NE; (2) thence southwest along said northeastern right-of-way of Maryland Avenue NE to its intersection with the northern right-of-way of Constitution Avenue NE; (3) thence west along said northern right-of-way of Constitution Avenue NE to its intersection with the eastern right-of-way of 1st Street NE; (4) thence south along said eastern right-of-way of 1st Street NE to its intersection with the southeastern right-of- way of Maryland Avenue NE; (5) thence northeast along said southeastern right-of-way of Maryland Avenue NE to its intersection with the eastern right-of-way of 2nd Street SE; (6) thence south along said eastern right-of-way of 2nd Street SE to the eastern right-of-way of 2nd Street SE; (7) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the northern property boundary of the property designated as Square 760 Lot 803; (8) thence east along said northern property boundary of Square 760 Lot 803 to its intersection with the western right- of-way of 3rd Street SE; (9) thence south along said western right-of-way of 3rd Street SE to its intersection with the northern right-of-way of Independence Avenue SE; (10) thence west along said northern right-of-way of Independence Avenue SE to its intersection with the northwestern right-of-way of Pennsylvania Avenue SE; (11) thence northwest along said northwestern right-of-way of Pennsylvania Avenue SE to its intersection with the eastern right-of-way of 2nd Street SE; (12) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the southern right-of-way of C Street SE; (13) thence west along said southern right-of-way of C Street SE to its intersection with the eastern right-of-way of 1st Street SE; (14) thence south along said eastern right-of-way of 1st Street SE to its intersection with the southern right-of-way of D Street SE; (15) thence west along said southern right-of-way of D Street SE to its intersection with the eastern right-of-way of South Capitol Street; (16) thence south along said eastern right-of-way of South Capitol Street to its intersection with the northwestern right- of-way of Canal Street SE; (17) thence southeast along said northwestern right-of-way of Canal Street SE to its intersection with the southern right- of-way of E Street SE; (18) thence east along said southern right-of-way of said E Street SE to its intersection with the western right-of-way of 1st Street SE; (19) thence south along said western right-of-way of 1st Street SE to its intersection with the southernmost corner of the property designated as Square 736S Lot 801; (20) thence west along a line extended due west from said corner of said property designated as Square 736S Lot 801 to its intersection with the southwestern right-of-way of New Jersey Avenue SE; (21) thence southeast along said southwestern right-of-way of New Jersey Avenue SE to its intersection with the northwestern right-of-way of Virginia Avenue SE; (22) thence northwest along said northwestern right-of-way of Virginia Avenue SE to its intersection with the western right-of-way of South Capitol Street; (23) thence north along said western right-of-way of South Capitol Street to its intersection with the southern right-of- way of E Street SW; (24) thence west along said southern right-of-way of E Street SW to its end; (25) thence west along a line extending said southern right-of-way of E Street SW westward to its intersection with the eastern right-of-way of 2nd Street SW; (26) thence north along said eastern right-of-way of 2nd Street SW to its intersection with the southwestern right-of- way of Virginia Avenue SW; (27) thence northwest along said southwestern right-of-way of Virginia Avenue SW to its intersection with the western right-of-way of 3rd Street SW; (28) thence north along said western right-of-way of 3rd Street SW to its intersection with the northern right-of-way of D Street SW; (29) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 4th Street SW; (30) thence north along said eastern right-of-way of 4th Street SW to its intersection with the northern right-of-way of C Street SW; (31) thence west along said northern right-of-way of C Street SW to its intersection with the eastern right-of-way of 6th Street SW; (32) thence north along said eastern right-of-way of 6th Street SW to its intersection with the northern right-of-way of Independence Avenue SW; (33) thence west along said northern right-of-way of Independence Avenue SW to its intersection with the western right-of-way of 12th Street SW; (34) thence south along said western right-of-way of 12th Street SW to its intersection with the northern right-of-way of D Street SW; (35) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 14th Street SW; (36) thence south along said eastern right-of-way of 14th Street SW to its intersection with the northeastern boundary of the Consolidated Rail Corporation railroad easement; (37) thence southwest along said northeastern boundary of the Consolidated Rail Corporation railroad easement to its intersection with the eastern shore of the Potomac River; (38) thence generally northwest along said eastern shore of the Potomac River to its intersection with a line extending westward the northern boundary of the property designated as Square 12 Lot 806; (39) thence east along said line extending westward the northern boundary of the property designated as Square 12 Lot 806 to the northern property boundary of the property designated as Square 12 Lot 806, and continuing east along said northern boundary of said property designated as Square 12 Lot 806 to its northeast corner; (40) thence east along a line extending east from said northeast corner of the property designated as Square 12 Lot 806 to its intersection with the western boundary of the property designated as Square 33 Lot 87; (41) thence south along said western boundary of the property designated as Square 33 Lot 87 to its intersection with the northwest corner of the property designated as Square 33 Lot 88; (42) thence counter-clockwise around the boundary of said property designated as Square 33 Lot 88 to its southeast corner, which is along the northern right-of-way of E Street NW; (43) thence east along said northern right-of-way of E Street NW to its intersection with the western right-of-way of 18th Street NW; (44) thence south along said western right-of-way of 18th Street NW to its intersection with the southwestern right-of- way of Virginia Avenue NW; (45) thence southeast along said southwestern right-of-way of Virginia Avenue NW to its intersection with the northern right-of-way of Constitution Avenue NW; (46) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the eastern right-of-way of 17th Street NW; (47) thence north along said eastern right-of-way of 17th Street NW to its intersection with the southern right-of-way of H Street NW; (48) thence east along said southern right-of-way of H Street NW to its intersection with the northwest corner of the property designated as Square 221 Lot 35; (49) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 35 to its southeast corner, which is along the boundary of the property designated as Square 221 Lot 37; (50) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 37 to its southwest corner, which it shares with the property designated as Square 221 Lot 818; (51) thence south along the boundary of said property designated as Square 221 Lot 818 to its southwest corner, which it shares with the property designated as Square 221 Lot 40; (52) thence south along the boundary of said property designated as Square 221 Lot 40 to its southwest corner; (53) thence east along the southern border of said property designated as Square 221 Lot 40 to its intersection with the northwest corner of the property designated as Square 221 Lot 820; (54) thence south along the western boundary of said property designated as Square 221 Lot 820 to its southwest corner, which it shares with the property designated as Square 221 Lot 39; (55) thence south along the western boundary of said property designated as Square 221 Lot 39 to its southwest corner, which is along the northern right-of-way of Pennsylvania Avenue NW; (56) thence east along said northern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 15th Street NW; (57) thence south along said western right-of-way of 15th Street NW to its intersection with a line extending northwest from the southern right-of-way of the portion of Pennsylvania Avenue NW north of Pershing Square; (58) thence southeast along said line extending the southern right-of-way of Pennsylvania Avenue NW to the southern right-of-way of Pennsylvania Avenue NW, and continuing southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 14th Street NW; (59) thence south along said western right-of-way of 14th Street NW to its intersection with a line extending west from the southern right-of-way of D Street NW; (60) thence east along said line extending west from the southern right-of-way of D Street NW to the southern right-of- way of D Street NW, and continuing east along said southern right-of-way of D Street NW to its intersection with the eastern right-of-way of 13\1/2\ Street NW; (61) thence north along said eastern right-of-way of 13\1/ 2\ Street NW to its intersection with the southern right-of-way of Pennsylvania Avenue NW; (62) thence east and southeast along said southern right- of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 12th Street NW; (63) thence south along said western right-of-way of 12th Street NW to its intersection with a line extending to the west the southern boundary of the property designated as Square 324 Lot 809; (64) thence east along said line to the southwest corner of said property designated as Square 324 Lot 809, and continuing northeast along the southern boundary of said property designated as Square 324 Lot 809 to its eastern corner, which it shares with the property designated as Square 323 Lot 802; (65) thence east along the southern boundary of said property designated as Square 323 Lot 802 to its southeast corner, which it shares with the property designated as Square 324 Lot 808; (66) thence counter-clockwise around the boundary of said property designated as Square 324 Lot 808 to its northeastern corner, which is along the southern right-of-way of Pennsylvania Avenue NW; (67) thence southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the eastern right-of-way of 4th Street NW; (68) thence north along a line extending north from said eastern right-of-way of 4th Street NW to its intersection with the southern right-of-way of C Street NW; (69) thence east along said southern right-of-way of C Street NW to its intersection with the eastern right-of-way of 3rd Street NW; (70) thence north along said eastern right-of-way of 3rd Street NW to its intersection with the southern right-of-way of D Street NW; (71) thence east along said southern right-of-way of D Street NW to its intersection with the western right-of-way of 1st Street NW; (72) thence south along said western right-of-way of 1st Street NW to its intersection with the northern right-of-way of C Street NW; (73) thence west along said northern right-of-way of C Street NW to its intersection with the western right-of-way of 2nd Street NW; (74) thence south along said western right-of-way of 2nd Street NW to its intersection with the northern right-of-way of Constitution Avenue NW; (75) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (76) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the southwestern right-of-way of New Jersey Avenue NW; (77) thence northwest along said southwestern right-of-way of New Jersey Avenue NW to its intersection with the northern right-of-way of D Street NW; (78) thence east along said northern right-of-way of D Street NW to its intersection with the northeastern right-of- way of Louisiana Avenue NW; (79) thence northeast along said northwestern right-of-way of Louisiana Avenue NW to its intersection with the western right-of-way of North Capitol Street; (80) thence north along said western right-of-way of North Capitol Street to its intersection with the southwestern right- of-way of Massachusetts Avenue NW; (81) thence southeast along said southwestern right-of-way of Massachusetts Avenue NW to the southwestern right-of-way of Massachusetts Avenue NE; (82) thence southeast along said southwestern right-of-way of Massachusetts Avenue NE to the southern right-of-way of Columbus Circle NE; (83) thence counter-clockwise along said southern right-of- way of Columbus Circle NE to its intersection with the southern right-of-way of F Street NE; and (84) thence east along said southern right-of-way of F Street NE to the point of beginning. (c) Exclusion of Building Serving as State Capitol.-- Notwithstanding any other provision of this section, after the admission of the State into the Union, the Capital shall not be considered to include the building known as the ``John A. Wilson Building'', as described and designated under section 601(a) of the Omnibus Spending Reduction Act of 1993 (sec. 10-1301(a), D.C. Official Code). (d) Clarification of Treatment of Frances Perkins Building.--The entirety of the Frances Perkins Building, including any portion of the Building which is north of D Street Northwest, shall be included in the Capital. SEC. 113. RETENTION OF TITLE TO PROPERTY. (a) Retention of Federal Title.--The United States shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the United States holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. (b) Retention of State Title.--The State shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the District of Columbia holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF UNITED STATES. Except as otherwise provided in this Act, the laws of the District of Columbia which are in effect on the day before the date of the admission of the State into the Union (without regard to whether such laws were enacted by Congress or by the District of Columbia) shall apply in the Capital in the same manner and to the same extent beginning on the date of the admission of the State into the Union, and shall be deemed laws of the United States which are applicable only in or to the Capital. SEC. 115. CAPITAL NATIONAL GUARD. (a) Establishment.--Title 32, United States Code, is amended as follows: (1) Definitions.--In paragraphs (4), (6), and (19) of section 101, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (2) Branches and organizations.--In section 103, by striking ``District of Columbia'' and inserting ``Capital''. (3) Units: location; organization; command.--In subsections (c) and (d) of section 104, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (4) Availability of appropriations.--In section 107(b), by striking ``District of Columbia'' and inserting ``Capital''. (5) Maintenance of other troops.--In subsections (a), (b), and (c) of section 109, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (6) Drug interdiction and counter-drug activities.--In section 112(h)-- (A) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (B) in paragraph (2), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (7) Enlistment oath.--In section 304, by striking ``District of Columbia'' and inserting ``Capital''. (8) Adjutants general.--In section 314, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (9) Detail of regular members of army and air force to duty with national guard.--In section 315, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (10) Discharge of officers; termination of appointment.--In section 324(b), by striking ``District of Columbia'' and inserting ``Capital''. (11) Relief from national guard duty when ordered to active duty.--In subsections (a) and (b) of section 325, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (12) Courts-martial of national guard not in federal service: composition, jurisdiction, and procedures; convening authority.--In sections 326 and 327, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (13) Active guard and reserve duty: governor's authority.-- In section 328(a), by striking ``District of Columbia'' and inserting ``Capital''. (14) Training generally.--In section 501(b), by striking ``District of Columbia'' and inserting ``Capital''. (15) Participation in field exercises.--In section 503(b), by striking ``District of Columbia'' and inserting ``Capital''. (16) National guard schools and small arms competitions.-- In section 504(b), by striking ``District of Columbia'' and inserting ``Capital''. (17) Army and air force schools and field exercises.--In section 505, by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (18) National guard youth challenge program.--In subsections (c)(1), (g)(2), (j), (k), and (l)(1) of section 509, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (19) Issue of supplies.--In section 702-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsections (b), (c), and (d), by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (20) Purchases of supplies from army or air force.--In subsections (a) and (b) of section 703, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (21) Accountability: relief from upon order to active duty.--In section 704, by striking ``District of Columbia'' and inserting ``Capital''. (22) Property and fiscal officers.--In section 708-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsection (d), by striking ``District of Columbia'' and inserting ``Capital''. (23) Accountability for property issued to the national guard.--In subsections (c), (d), (e), and (f) of section 710, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (24) Disposition of obsolete or condemned property.--In section 711, by striking ``District of Columbia'' and inserting ``Capital''. (25) Disposition of proceeds of condemned stores issued to national guard.--In paragraph (1) of section 712, by striking ``District of Columbia'' and inserting ``Capital''. (26) Property loss; personal injury or death.--In section 715(c), by striking ``District of Columbia'' and inserting ``Capital''. (b) Conforming Amendments.-- (1) Capital defined.-- (A) In general.--Section 101 of title 32, United States Code, is amended by adding at the end the following new paragraph: ``(20) `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (B) With regards to homeland defense activities.-- Section 901 of title 32, United States Code, is amended-- (i) in paragraph (2), by striking ``District of Columbia'' and inserting ``Capital''; and (ii) by adding at the end the following new paragraph: ``(3) The term `Governor' means, with respect to the Capital, the commanding general of the Capital National Guard.''. (2) Title 10, united states code.--Title 10, United States Code, is amended as follows: (A) Definitions.--In section 101-- (i) in subsection (a), by adding at the end the following new paragraph: ``(19) The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''; (ii) in paragraphs (2) and (4) of subsection (c), by striking ``District of Columbia'' both places it appears and inserting ``Capital''; and (iii) in subsection (d)(5), by striking ``District of Columbia'' and inserting ``Capital''. (B) Disposition on discharge.--In section 771a(c), by striking ``District of Columbia'' and inserting ``Capital''. (C) TRICARE coverage for certain members of the national guard and dependents during certain disaster response duty.--In section 1076f-- (i) in subsections (a) and (c)(1), by striking ``with respect to the District of Columbia, the mayor of the District of Columbia'' both places it appears and inserting ``with respect to the Capital, the commanding general of the Capital National Guard''; and (ii) in subsection (c)(2), by striking ``District of Columbia'' and inserting ``Capital''. (D) Payment of claims: availability of appropriations.--In paragraph (2)(B) of section 2732, by striking ``District of Columbia'' and inserting ``Capital''. (E) Members of army national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 7401(c), by striking ``District of Columbia'' and inserting ``Capital''. (F) Members of air national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 9401(c), by striking ``District of Columbia'' and inserting ``Capital''. (G) Ready reserve: failure to satisfactorily perform prescribed training.--In section 10148(b)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (H) Chief of the national guard bureau.--In section 10502(a)(1)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (I) Vice chief of the national guard bureau.--In section 10505(a)(1)(A)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (J) Other senior national guard bureau officers.-- In subparagraphs (A) and (B) of section 10506(a)(1)-- (i) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (K) National guard bureau: general provisions.--In section 10508(b)(1), by striking ``District of Columbia'' and inserting ``Capital''. (L) Commissioned officers: original appointment; limitation.--In section 12204(b), by striking ``District of Columbia'' and inserting ``Capital''. (M) Reserve components generally.--In section 12301(b), by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (N) National guard in federal service: call.--In section 12406-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (O) Result of failure to comply with standards and qualifications.--In section 12642(c), by striking ``District of Columbia'' and inserting ``Capital''. (P) Limitation on relocation of national guard units.--In section 18238-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED STATES AS MUNICIPAL CORPORATION. Notwithstanding section 2 of the Revised Statutes relating to the District of Columbia (sec. 1-102, D.C. Official Code) or any other provision of law codified in subchapter I of chapter 1 of the District of Columbia Official Code, effective upon the date of the admission of the State into the Union, the Capital (or any portion thereof) shall not serve as a government and shall not be a body corporate for municipal purposes. Subtitle C--General Provisions Relating to Laws of State SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS. (a) Legislative Power.--The legislative power of the State shall extend to all rightful subjects of legislation in the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Continuation of Authority and Duties of Members of Executive, Legislative, and Judicial Offices.--Upon the admission of the State into the Union, members of executive, legislative, and judicial offices of the District of Columbia shall be deemed members of the respective executive, legislative, and judicial offices of the State, as provided by the State Constitution and the laws of the State. (c) Treatment of Federal Laws.--To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect in the State as elsewhere in the United States, except as such law may otherwise provide. (d) No Effect on Existing Contracts.--Nothing in the admission of the State into the Union shall affect any obligation under any contract or agreement under which the District of Columbia or the United States is a party, as in effect on the day before the date of the admission of the State into the Union. (e) Succession in Interstate Compacts.--The State shall be deemed to be the successor to the District of Columbia for purposes of any interstate compact which is in effect on the day before the date of the admission of the State into the Union. (f) Continuation of Service of Federal Members on Boards and Commissions.--Nothing in the admission of the State into the Union shall affect the authority of a representative of the Federal Government who, as of the day before the date of the admission of the State into the Union, is a member of a board or commission of the District of Columbia to serve as a member of such board or commission or as a member of a successor to such board or commission after the admission of the State into the Union, as may be provided by the State Constitution and the laws of the State. (g) Special Rule Regarding Enforcement Authority of United States Capitol Police, United States Park Police, and United States Secret Service Uniformed Division.--The United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division may not enforce any law of the State in the State, except to the extent authorized by the State. Nothing in this subsection may be construed to affect the authority of the United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division to enforce any law in the Capital. SEC. 122. PENDING ACTIONS AND PROCEEDINGS. (a) State as Legal Successor to District of Columbia.--The State shall be the legal successor to the District of Columbia in all matters. (b) No Effect on Pending Proceedings.--All existing writs, actions, suits, judicial and administrative proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, claims, demands, titles, and rights shall continue unaffected by the admission of the State into the Union with respect to the State or the United States, except as may be provided under this Act, as may be modified in accordance with the provisions of the State Constitution, and as may be modified by the laws of the State or the United States, as the case may be. SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY. The State may not impose any tax on any real or personal property owned or acquired by the United States, except to the extent that Congress may permit. SEC. 124. UNITED STATES NATIONALITY. No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property SEC. 201. TREATMENT OF MILITARY LANDS. (a) Reservation of Federal Authority.-- (1) In general.--Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located in the State that, on the day before the date of the admission of the State into the Union, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority.--The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and held for defense or Coast Guard purposes. (b) Authority of State.-- (1) In general.--The reservation of authority in the United States under subsection (a) shall not operate to prevent such tracts or parcels of land from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process.--The State shall have the right to serve civil or criminal process in such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in the State but outside of such lands. SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY. (a) In General.--As a compact with the United States, the State and its people disclaim all right and title to any real or personal property not granted or confirmed to the State by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on Claims Against United States.-- (1) In general.--Nothing in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction.--Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability to or the effect of any law on any such claim shall be unaffected by anything in this Act. Subtitle B--Federal Courts SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS. (a) Circuit Judges.--Section 44(c) of title 28, United States Code, is amended-- (1) by striking ``Except in the District of Columbia, each'' and inserting ``Each''; and (2) by striking ``within fifty miles of the District of Columbia'' and inserting ``within fifty miles of the Capital''. (b) District Judges.--Section 134(b) of such title is amended in the first sentence by striking ``the District of Columbia, the Southern District of New York, and'' and inserting ``the Southern District of New York and''. (c) United States Attorneys.--Section 545(a) of such title is amended by striking the first sentence and inserting ``Each United States attorney shall reside in the district for which he or she is appointed, except that those officers of the Southern District of New York and the Eastern District of New York may reside within 20 miles thereof.''. (d) United States Marshals.--Section 561(e)(1) of such title is amended to read as follows: ``(1) the marshal for the Southern District of New York may reside within 20 miles of the district; and''. (e) Clerks of District Courts.--Section 751(c) of such title is amended by striking ``the District of Columbia and''. (f) Effective Date.--The amendments made by this section shall apply only to individuals appointed after the date of the admission of the State into the Union. SEC. 212. RENAMING OF FEDERAL COURTS. (a) Renaming.-- (1) Circuit court.--Section 41 of title 28, United States Code, is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; and (B) in the second column, by striking ``District of Columbia'' and inserting ``Capital; Washington, Douglass Commonwealth''. (2) District court.--Section 88 of such title is amended-- (A) in the heading, by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''; (B) by amending the first paragraph to read as follows: ``The State of Washington, Douglass Commonwealth and the Capital comprise one judicial district.''; and (C) in the second paragraph, by striking ``Washington'' and inserting ``the Capital''. (3) Clerical amendment.--The item relating to section 88 in the table of sections for chapter 5 of such title is amended to read as follows: ``88. Washington, Douglass Commonwealth and the Capital.''. (b) Conforming Amendments Relating to Court of Appeals.--Title 28, United States Code, is amended as follows: (1) Appointment of judges.--Section 44(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Capital''. (2) Terms of court.--Section 48(a) of such title is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; (B) in the second column, by striking ``Washington'' and inserting ``Capital''; and (C) in the second column, by striking ``District of Columbia'' and inserting ``Capital''. (3) Appointment of independent counsels by chief judge of circuit.--Section 49 of such title is amended by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (4) Circuit court jurisdiction over certification of death penalty counsels.--Section 2265(c)(2) of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (5) Circuit court jurisdiction over review of federal agency orders.--Section 2343 of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (c) Conforming Amendments Relating to District Court.--Title 28, United States Code, is amended as follows: (1) Appointment and number of district court judges.-- Section 133(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) District court jurisdiction of tax cases brought against united states.--Section 1346(e) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (3) District court jurisdiction over proceedings for forfeiture of foreign property.--Section 1355(b)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (4) District court jurisdiction over civil actions brought against a foreign state.--Section 1391(f)(4) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (5) District court jurisdiction over actions brought by corporations against united states.--Section 1402(a)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (6) Venue in district court of certain actions brought by employees of executive office of the president.--Section 1413 of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (7) Venue in district court of action enforcing foreign judgment.--Section 2467(c)(2)(B) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (d) Conforming Amendments Relating to Other Courts.--Title 28, United States Code, is amended as follows: (1) Appointment of bankruptcy judges.--Section 152(a)(2) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) Location of court of federal claims.--Section 173 of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (3) Duty station of judges of court of federal claims.-- Section 175 of such title is amended by striking ``the District of Columbia'' each place it appears and inserting ``the Capital''. (4) Duty station of judges for purposes of traveling expenses.--Section 456(b) of such title is amended to read as follows: ``(b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the Federal Circuit shall be the Capital.''. (5) Court accommodations for federal circuit and court of federal claims.--Section 462(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (6) Places of holding court of court of federal claims.-- Section 798(a) of such title is amended-- (A) by striking ``Washington, District of Columbia'' and inserting ``the Capital''; and (B) by striking ``the District of Columbia'' and inserting ``the Capital''. (e) Other Conforming Amendments.-- (1) Service of process on foreign parties at state department office.--Section 1608(a)(4) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (2) Service of process in property cases at attorney general office.--Section 2410(b) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (f) Definition.--Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph: ``The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (g) References in Other Laws.--Any reference in any Federal law (other than a law amended by this section), rule, or regulation-- (1) to the United States Court of Appeals for the District of Columbia shall be deemed to refer to the United States Court of Appeals for the Capital; (2) to the District of Columbia Circuit shall be deemed to refer to the Capital Circuit; and (3) to the United States District Court for the District of Columbia shall be deemed to refer to the United States District Court for Washington, Douglass Commonwealth and the Capital. (h) Effective Date.--This section and the amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE. (a) Appointment of United States Trustees.--Section 581(a)(4) of title 28, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital and Washington, Douglass Commonwealth''. (b) Independent Counsels.-- (1) Appointment of additional personnel.--Section 594(c) of such title is amended-- (A) by striking ``the District of Columbia'' the first place it appears and inserting ``Washington, Douglass Commonwealth and the Capital''; and (B) by striking ``the District of Columbia'' the second place it appears and inserting ``Washington, Douglass Commonwealth''. (2) Judicial review of removal.--Section 596(a)(3) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT COURT. Section 3152 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``(other than the District of Columbia)'' and inserting ``(subject to subsection (d), other than the District of Columbia)''; and (2) by adding at the end the following new subsection: ``(d) In the case of the judicial district of Washington, Douglass Commonwealth and the Capital-- ``(1) upon the admission of the State of Washington, Douglass Commonwealth into the Union, the Washington, Douglass Commonwealth Pretrial Services Agency shall continue to provide pretrial services in the judicial district in the same manner and to the same extent as the District of Columbia Pretrial Services Agency provided such services in the judicial district of the District of Columbia as of the day before the date of the admission of the State into the Union; and ``(2) upon the receipt by the President of the certification from the State of Washington, Douglass Commonwealth under section 315(b)(4) of the Washington, D.C. Admission Act that the State has in effect laws providing for the State to provide pre-trial services, paragraph (1) shall no longer apply, and the Director shall provide for the establishment of pretrial services in the judicial district under this section.''. Subtitle C--Federal Elections SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL TO VOTE IN FEDERAL ELECTIONS IN STATE OF MOST RECENT DOMICILE. (a) Requirement for States to Permit Individuals to Vote by Absentee Ballot.-- (1) In general.--Each State shall-- (A) permit absent Capital voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent Capital voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent capital voter defined.--In this section, the term ``absent Capital voter'' means, with respect to a State, a person who resides in the Capital and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the Capital), but only if the State is the last place in which the person was domiciled before residing in the Capital. (3) State defined.--In this section, the term ``State'' means each of the several States, including the State. (b) Recommendations to States to Maximize Access to Polls by Absent Capital Voters.--To afford maximum access to the polls by absent Capital voters, it is the sense of Congress that the States should-- (1) waive registration requirements for absent Capital voters who, by reason of residence in the Capital, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement.--The Attorney General may bring a civil action in the appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on Certain Other Laws.--The exercise of any right under this section shall not affect, for purposes of a Federal tax, a State tax, or a local tax, the residence or domicile of a person exercising such right. (e) Effective Date.--This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. SEC. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives,''; (2) in section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6), (B) in paragraph (12), by striking ``(except the Delegate to Congress for the District of Columbia)'', and (C) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia,''; (3) in section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) by striking ``Delegate,'' in the heading, and (B) by striking ``Delegate,'' each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), (j)(3), and (k)(3); (4) in section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)-- (i) by striking ``Delegate,'' each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official Code), by striking ``Delegate to the House of Representatives,''; (6) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,''; and (7) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``except the Delegate to the Congress from the District of Columbia''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF GOVERNMENT IN ELECTION OF PRESIDENT AND VICE-PRESIDENT. (a) In General.--Chapter 1 of title 3, United States Code, is amended-- (1) by striking section 21; and (2) in the table of sections, by striking the item relating to section 21. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice-President taking place on or after such date. SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL AMENDMENT REPEALING 23RD AMENDMENT. (a) Joint Resolution Described.--In this section, the term ``joint resolution'' means a joint resolution-- (1) entitled ``A joint resolution proposing an amendment to the Constitution of the United States to repeal the 23rd article of amendment''; and (2) the matter after the resolving clause of which consists solely of text to amend the Constitution of the United States to repeal the 23rd article of amendment to the Constitution. (b) Expedited Consideration in House of Representatives.-- (1) Placement on calendar.--Upon introduction in the House of Representatives, the joint resolution shall be placed immediately on the appropriate calendar. (2) Proceeding to consideration.-- (A) In general.--It shall be in order, not later than 30 legislative days after the date the joint resolution is introduced in the House of Representatives, to move to proceed to consider the joint resolution in the House of Representatives. (B) Procedure.--For a motion to proceed to consider the joint resolution-- (i) all points of order against the motion are waived; (ii) such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution; (iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; (iv) the motion shall not be debatable; and (v) a motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration.--When the House of Representatives proceeds to consideration of the joint resolution-- (A) the joint resolution shall be considered as read; (B) all points of order against the joint resolution and against its consideration are waived; (C) the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent; (D) an amendment to the joint resolution shall not be in order; and (E) a motion to reconsider the vote on passage of the joint resolution shall not be in order. (c) Expedited Consideration in Senate.-- (1) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 30 legislative days after the date the joint resolution is introduced in the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure.--For a motion to proceed to the consideration of the joint resolution-- (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration.-- (A) In general.--If the Senate proceeds to consideration of the joint resolution-- (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 30 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage.--In the Senate the vote on passage shall occur immediately following the conclusion of the consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (d) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of the joint resolution of that House, that House receives from the other House the joint resolution-- (A) the joint resolution of the other House shall not be referred to a committee; and (B) with respect to the joint resolution of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; and (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house.--If one House fails to introduce or consider the joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (e) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the joint resolution, and supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS. (a) Continuation of Entitlement to Payments.--Any individual who, as of the day before the date of the admission of the State into the Union, is entitled to a Federal benefit payment under the District of Columbia Retirement Protection Act of 1997 (subtitle A of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to be entitled to such a payment after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (b) Obligations of Federal Government.-- (1) In general.--Any obligation of the Federal Government under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (2) D.C. federal pension fund.--Any obligation of the Federal Government under chapter 9 of the District of Columbia Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C. Official Code) with respect to the D.C. Federal Pension Fund which exists as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such Fund after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such chapter. (c) Obligations of State.--Any obligation of the District of Columbia under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such an individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT OF COLUMBIA MERIT PERSONNEL SYSTEM. (a) Obligations of Federal Government.--Any obligation of the Federal Government under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (b) Obligations of State.--Any obligation of the District of Columbia under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (c) Individuals Described.--An individual described in this subsection is an individual who was first employed by the government of the District of Columbia before October 1, 1987. SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT PROGRAM. (a) Continuation of Obligations.-- (1) In general.--Any obligation of the Federal Government under subchapter III of chapter 15 of title 11, District of Columbia Official Code-- (A) which exists with respect to any individual and the District of Columbia as the result of service accrued prior to the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter; and (B) subject to paragraph (2), shall exist with respect to any individual and the State as the result of service accrued after the date of the admission of the State into the Union in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter as such obligation existed with respect to individuals and the District of Columbia as of the date of the admission of the State into the Union. (2) Treatment of service accrued after taking effect of state retirement program.--Subparagraph (B) of paragraph (1) does not apply to service accrued on or after the termination date described in subsection (b). (b) Termination Date.--The termination date described in this subsection is the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the retirement of judges of the State. Subtitle B--Agencies SEC. 311. PUBLIC DEFENDER SERVICE. (a) Continuation of Operations and Funding.-- (1) In general.--Except as provided in paragraph (2) and subsection (b), title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code) shall apply with respect to the State and to the public defender service of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the District of Columbia Public Defender Service as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 305(c) of such Act (sec. 2- 1605(c)(2), D.C. Official Code), the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the public defender service of the State and who, pursuant to section 305(c) of such Act (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (b) Renaming of Service.--Effective upon the date of the admission of the State into the Union, the State may rename the public defender service of the State. (c) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the public defender service of the State as of the day before the date described in subsection (d) and who, pursuant to section 305(c) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of subsection (a) under subsection (d). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (d), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (d) Termination.--Subsection (a) shall terminate upon the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the office of the State which provides the services described in title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code). SEC. 312. PROSECUTIONS. (a) Assignment of Assistant United States Attorneys.-- (1) In general.--In accordance with subchapter VI of chapter 33 of title 5, United States Code, the Attorney General, with the concurrence of the District of Columbia or the State (as the case may be), shall provide for the assignment of assistant United States attorneys to the State to carry out the functions described in subsection (b). (2) Assignments made on detail without reimbursement by state.--In accordance with section 3373 of title 5, United States Code-- (A) an assistant United States attorney who is assigned to the State under this section shall be deemed under subsection (a) of such section to be on detail to a regular work assignment in the Department of Justice; and (B) the assignment of an assistant United States attorney to the State under this section shall be made without reimbursement by the State of the pay of the attorney or any related expenses. (b) Functions Described.--The functions described in this subsection are criminal prosecutions conducted in the name of the State which would have been conducted in the name of the United States by the United States attorney for the District of Columbia or his or her assistants, as provided under section 23-101(c), District of Columbia Official Code, but for the admission of the State into the Union. (c) Minimum Number Assigned.--The number of assistant United States attorneys who are assigned under this section may not be less than the number of assistant United States attorneys whose principal duties as of the day before the date of the admission of the State into the Union were to conduct criminal prosecutions in the name of the United States under section 23-101(c), District of Columbia Official Code. (d) Termination.--The obligation of the Attorney General to provide for the assignment of assistant United States attorneys under this section shall terminate upon written certification by the State to the President that the State has appointed attorneys of the State to carry out the functions described in subsection (b). (e) Clarification Regarding Clemency Authority.-- (1) In general.--Effective upon the admission of the State into the Union, the authority to grant clemency for offenses against the District of Columbia or the State shall be exercised by such person or persons, and under such terms and conditions, as provided by the State Constitution and the laws of the State, without regard to whether the prosecution for the offense was conducted by the District of Columbia, the State, or the United States. (2) Definition.--In this subsection, the term ``clemency'' means a pardon, reprieve, or commutation of sentence, or a remission of a fine or other financial penalty. SEC. 313. SERVICE OF UNITED STATES MARSHALS. (a) Provision of Services for Courts of State.--The United States Marshals Service shall provide services with respect to the courts and court system of the State in the same manner and to the same extent as the Service provided services with respect to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union, except that the President shall not appoint a United States Marshal under section 561 of title 28, United States Code, for any court of the State. (b) Termination.--The obligation of the United States Marshals Service to provide services under this section shall terminate upon written certification by the State to the President that the State has appointed personnel of the State to provide such services. SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS. (a) Continuation of Designation.--Chapter 1 of subtitle C of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and the amendments made by such chapter-- (1) shall continue to apply with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union; and (2) shall apply with respect to individuals convicted of offenses under the laws of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such chapter and amendments applied with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws for the housing of individuals described in subsection (a) in correctional facilities. SEC. 315. PAROLE AND SUPERVISION. (a) United States Parole Commission.-- (1) Parole.--The United States Parole Commission-- (A) shall continue to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11231 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-131, D.C. Official Code); and (B) shall exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State in the same manner and to the same extent as the Commission exercised in the case of any individual described in subparagraph (A). (2) Supervision of released offenders.--The United States Parole Commission-- (A) shall continue to exercise the authority over individuals who are released offenders of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11233(c)(2) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133(c)(2), D.C. Official Code); and (B) shall exercise authority over individuals who are released offenders of the State in the same manner and to the same extent as the Commission exercised authority over individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the United States Parole Commission as of the later of the day before the date described in subparagraph (A) of paragraph (4) or the day before the date described in subparagraph (B) of paragraph (4) and who, on or after such date, is an employee of the office of the State which exercises the authority described in either such subparagraph, shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of this subsection under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the later of the date described in subparagraph (A) of paragraph (4) or the date described in subparagraph (B) of paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--The provisions of this subsection shall terminate-- (A) in the case of paragraph (1), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State; and (B) in the case of paragraph (2), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise authority over individuals who are released offenders of the State. (b) Court Services and Offender Supervision Agency.-- (1) Renaming.--Effective upon the date of the admission of the State into the Union-- (A) the Court Services and Offender Supervision Agency for the District of Columbia shall be known and designated as the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, and any reference in any law, rule, or regulation to the Court Services and Offender Supervision Agency for the District of Columbia shall be deemed to refer to the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth; and (B) the District of Columbia Pretrial Services Agency shall be known and designated as the Washington, Douglass Commonwealth Pretrial Services Agency, and any reference in any law, rule or regulation to the District of Columbia Pretrial Services Agency shall be deemed to refer to the Washington, Douglass Commonwealth Pretrial Services Agency. (2) In general.--The Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, including the Washington, Douglass Commonwealth Pretrial Services Agency (as renamed under paragraph (1))-- (A) shall continue to provide pretrial services with respect to individuals who are charged with an offense in the District of Columbia, provide supervision for individuals who are offenders on probation, parole, and supervised release pursuant to the laws of the District of Columbia, and carry out sex offender registration functions with respect to individuals who are sex offenders in the District of Columbia, as of the day before the date of the admission of the State into the Union, as provided under section 11233 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code); and (B) shall provide pretrial services with respect to individuals who are charged with an offense in the State, provide supervision for offenders on probation, parole, and supervised release pursuant to the laws of the State, and carry out sex offender registration functions in the State, in the same manner and to the same extent as the Agency provided such services and supervision and carried out such functions for individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth as of the day before the date described in paragraph (4), and who, on or after such date, is an employee of the office of the State which provides the services and carries out the functions described in paragraph (4), shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of paragraph (2) under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the date described in paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--Paragraph (2) shall terminate on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to provide pretrial services, supervise offenders on probation, parole, and supervised release, and carry out sex offender registration functions in the State. SEC. 316. COURTS. (a) Continuation of Operations.-- (1) In general.--Except as provided in paragraphs (2) and (3) and subsection (b), title 11, District of Columbia Official Code, as in effect on the date before the date of the admission of the State into the Union, shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 11-1726(b) and paragraph (2) of section 11-1726(c), District of Columbia Official Code, the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the courts and court system of the State and who, pursuant to either such paragraph, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (3) Other exceptions.-- (A) Selection of judges.--Effective upon the date of the admission of the State into the Union, the State shall select judges for any vacancy on the courts of the State. (B) Renaming of courts and other offices.-- Effective upon the date of the admission of the State into the Union, the State may rename any of its courts and any of the other offices of its court system. (C) Rules of construction.--Nothing in this paragraph shall be construed-- (i) to affect the service of any judge serving on a court of the District of Columbia on the day before the date of the admission of the State into the Union, or to require the State to select such a judge for a vacancy on a court of the State; or (ii) to waive any of the requirements of chapter 15 of title 11, District of Columbia Official Code (other than section 11-1501(a) of such Code), including subchapter II of such chapter (relating to the District of Columbia Commission on Judicial Disabilities and Tenure), with respect to the appointment and service of judges of the courts of the State. (b) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the courts or court system of the State as of the day before the date described in subsection (e) and who, pursuant to section 11-1726(b) or section 11-1726(c), District of Columbia Official Code, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of this section under subsection (e). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (e), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (c) Continuation of Funding.--Section 11241 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (section 11- 1743 note, District of Columbia Official Code) shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such section applied with respect to the Joint Committee on Judicial Administration in the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (d) Treatment of Court Receipts.-- (1) Deposit of receipts into treasury.--Except as provided in paragraph (2), all money received by the courts and court system of the State shall be deposited in the Treasury of the United States. (2) Crime victims compensation fund.--Section 16 of the Victims of Violent Crime Compensation Act of 1996 (sec. 4-515, D.C. Official Code), relating to the Crime Victims Compensation Fund, shall apply with respect to the courts and court system of the State in the same manner and to the same extent as such section applied to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (e) Termination.--The provisions of this section, other than paragraph (3) of subsection (a) and except as provided under subsection (b), shall terminate on the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the courts and court system of the State. Subtitle C--Other Programs and Authorities SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT. (a) Continuation.--The District of Columbia College Access Act of 1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code) shall apply with respect to the State, and to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia and the University of the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section, other than with respect to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State to provide tuition assistance substantially similar to the assistance provided under the District of Columbia College Access Act of 1999. SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT. (a) Continuation.--The Scholarships for Opportunity and Results Act (division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code) shall apply with respect to the State after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State-- (1) to provide tuition assistance substantially similar to the assistance provided under the Scholarships for Opportunity and Results Act; and (2) to provide supplemental funds to the public schools and public charter schools of the State in the amounts provided in the most recent fiscal year for public schools and public charter schools of the State or the District of Columbia (as the case may be) under such Act. SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) Continuation.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on the date of the admission of the State into the Union and ending on September 30 of the fiscal year during which the State submits the certification described in subsection (b), the Federal medical assistance percentage for the State under title XIX of such Act shall be the Federal medical assistance percentage for the District of Columbia under such title as of the day before the date of the admission of the State into the Union. (b) Termination.--The certification described in this subsection is a written certification by the State to the President that, during each of the first 5 fiscal years beginning after the date of the certification, the estimated revenues of the State will be sufficient to cover any reduction in revenues which may result from the termination of the provisions of this section. SEC. 324. FEDERAL PLANNING COMMISSIONS. (a) National Capital Planning Commission.-- (1) Continuing application.--Subject to the amendments made by paragraphs (2) and (3), upon the admission of the State into the Union, chapter 87 of title 40, United States Code, shall apply as follows: (A) Such chapter shall apply with respect to the Capital in the same manner and to the same extent as such chapter applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (B) Such chapter shall apply with respect to the State in the same manner and to the same extent as such chapter applied with respect to the State of Maryland and the Commonwealth of Virginia as of the day before the date of the admission of the State into the Union. (2) Composition of national capital planning commission.-- Section 8711(b) of title 40, United States Code, is amended-- (A) by amending subparagraph (B) of paragraph (1) to read as follows: ``(B) four citizens with experience in city or regional planning, who shall be appointed by the President.''; and (B) by amending paragraph (2) to read as follows: ``(2) Residency requirement.--Of the four citizen members, one shall be a resident of Virginia, one shall be a resident of Maryland, and one shall be a resident of Washington, Douglass Commonwealth.''. (3) Conforming amendments to definitions of terms.-- (A) Environs.--Paragraph (1) of section 8702 of such title is amended by striking ``the territory surrounding the District of Columbia'' and inserting ``the territory surrounding the National Capital''. (B) National capital.--Paragraph (2) of section 8702 of such title is amended to read as follows: ``(2) National capital.--The term `National Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act, and the territory the Federal Government owns in the environs.''. (C) National capital region.--Subparagraph (A) of paragraph (3) of section 8702 of such title is amended to read as follows: ``(A) the National Capital and the State of Washington, Douglass Commonwealth;''. (b) Commission of Fine Arts.-- (1) Limiting application to the capital.--Section 9102(a)(1) of title 40, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (2) Definition.--Section 9102 of such title is amended by adding at the end the following new subsection: ``(d) Definition.--In this chapter, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (3) Conforming amendment.--Section 9101(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (c) Commemorative Works Act.-- (1) Limiting application to capital.--Section 8902 of title 40, United States Code, is amended by adding at the end the following new subsection: ``(c) Limiting Application to Capital.--This chapter applies only with respect to commemorative works in the Capital and its environs.''. (2) Definition.--Paragraph (2) of section 8902(a) of such title is amended to read as follows: ``(2) Capital and its environs.--The term `Capital and its environs' means-- ``(A) the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act; and ``(B) those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003, that are located outside of the State of Washington, Douglass Commonwealth.''. (3) Temporary site designation.--Section 8907(a) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital and its environs''. (4) General conforming amendments.--Chapter 89 of such title is amended by striking ``the District of Columbia and its environs'' each place it appears in the following sections and inserting ``the Capital and its environs'': (A) Section 8901(2) and 8901(4). (B) Section 8902(a)(4). (C) Section 8903(d). (D) Section 8904(c). (E) Section 8905(a). (F) Section 8906(a). (G) Section 8909(a) and 8909(b). (5) Additional conforming amendment.--Section 8901(2) of such title is amended by striking ``the urban fabric of the District of Columbia'' and inserting ``the urban fabric of the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act''. (d) Effective Date.--This section and the amendments made by this section shall take effect on the date of the admission of the State into the Union. SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER. (a) Continuation of Role.--Chapter 95 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 9508. Applicability to Capital and State of Washington, Douglass Commonwealth ``(a) In General.--Effective upon the admission of the State of Washington, Douglass Commonwealth into the Union, any reference in this chapter to the District of Columbia shall be deemed to refer to the Capital or the State of Washington, Douglass Commonwealth, as the case may be. ``(b) Definition.--In this section, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (b) Clerical Amendment.--The table of sections of chapter 95 of such title is amended by adding at the end the following: ``9508. Applicability to Capital and State of Washington, Douglass Commonwealth.''. SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA. The location of any person in the Capital or Washington, Douglass Commonwealth on the day after the date of the admission of the State into the Union shall be deemed to satisfy any requirement under any law in effect as of the day before the date of the admission of the State into the Union that the person be located in the District of Columbia, including the requirements of section 72 of title 4, United States Code (relating to offices of the seat of the Government of the United States), and title 36, United States Code (relating to patriotic and national organizations). TITLE IV--GENERAL PROVISIONS SEC. 401. GENERAL DEFINITIONS. In this Act, the following definitions shall apply: (1) The term ``Capital'' means the area serving as the seat of the Government of the United States, as described in section 112. (2) The term ``Council'' means the Council of the District of Columbia. (3) The term ``Mayor'' means the Mayor of the District of Columbia. (4) Except as otherwise provided, the term ``State'' means the State of Washington, Douglass Commonwealth. (5) The term ``State Constitution'' means the proposed Constitution of the State of Washington, D.C., as approved by the Council on October 18, 2016, pursuant to the Constitution and Boundaries for the State of Washington, D.C. Approval Resolution of 2016 (D.C. Resolution R21-621), ratified by District of Columbia voters in Advisory Referendum B approved on November 8, 2016, and certified by the District of Columbia Board of Elections on November 18, 2016. SEC. 402. STATEHOOD TRANSITION COMMISSION. (a) Establishment.--There is established the Statehood Transition Commission (hereafter in this section referred to as the ``Commission''). (b) Composition.-- (1) In general.--The Commission shall be composed of 18 members as follows: (A) Three members appointed by the President. (B) Two members appointed by the Speaker of the House of Representatives. (C) Two members appointed by the Minority Leader of the House of Representatives. (D) Two members appointed by the Majority Leader of the Senate. (E) Two members appointed by the Minority Leader of the Senate. (F) Three members appointed by the Mayor. (G) Three members appointed by the Council. (H) The Chief Financial Officer of the District of Columbia. (2) Appointment date.-- (A) In general.--The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (B) Effect of lack of appointment by appointment date.--If one or more appointments under any of the subparagraphs of paragraph (1) is not made by the appointment date specified in subparagraph (A), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (3) Term of service.--Each member shall be appointed for the life of the Commission. (4) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No compensation.--Members shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Chair and vice chair.--The Chair and Vice Chair of the Commission shall be elected by the members of the Commission-- (A) with respect to the Chair, from among the members described in subparagraphs (A) through (E) of paragraph (1); and (B) with respect to the Vice Chair, from among the members described in subparagraphs (F) and (G) of paragraph (1). (c) Staff.-- (1) Director.--The Commission shall have a Director, who shall be appointed by the Chair. (2) Other staff.--The Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (3) Non-applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Duties.--The Commission shall advise the President, Congress, the Mayor (or, upon the admission of the State into the Union, the chief executive officer of the State), and the Council (or, upon the admission of the State into the Union, the legislature of the State) concerning an orderly transition to statehood for the District of Columbia or the State (as the case may be) and to a reduced geographical size of the seat of the Government of the United States, including with respect to property, funding, programs, projects, and activities. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair. (2) Initial meeting.--The Commission shall hold its first meeting not later than the earlier of-- (A) 30 days after the date on which all members of the Commission have been appointed; or (B) if the number of members of the Commission is reduced under subsection (b)(2)(B), 90 days after the date of the enactment of this Act. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Reports.--The Commission shall submit such reports as the Commission considers appropriate or as may be requested by the President, Congress, or the District of Columbia (or, upon the admission of the State into the Union, the State). (h) Termination.--The Commission shall cease to exist 2 years after the date of the admission of the State into the Union. SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT. Not more than 60 days after the date of the enactment of this Act, the President shall provide written certification of such enactment to the Mayor. SEC. 404. SEVERABILITY. Except as provided in section 101(c), if any provision of this Act or amendment made by this Act, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall not be affected by the holding. Passed the House of Representatives April 22, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 51 (Reported in House) - Washington, D.C. Admission Act	https://www.govinfo.gov/content/pkg/BILLS-117hr51rh/html/BILLS-117hr51rh.htm	DOC Union Calendar No. 6 117th CONGRESS 1st Session H. R. 51 To provide for the admission of the State of Washington, D.C. into the Union. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Ms. Norton (for herself, Mr. Sarbanes, Mr. Raskin, Mr. Connolly, Mr. Beyer, Mr. Lynch, Ms. Pressley, Mr. Carson, Mr. Welch, Mr. Brown, Mr. Krishnamoorthi, Mr. Khanna, Mr. Trone, Ms. Wexton, Mr. Blumenauer, Ms. Waters, Mr. McEachin, Ms. DeLauro, Mr. Pocan, Mr. DeSaulnier, Ms. Jackson Lee, Mr. Thompson of Mississippi, Ms. Titus, Ms. Kelly of Illinois, Mrs. Lawrence, Ms. Clarke of New York, Mr. Sherman, Ms. Roybal-Allard, Mr. Meeks, Mr. Nadler, Ms. Kaptur, Mr. Pascrell, Ms. Sewell, Mr. Schiff, Mr. Castro of Texas, Mr. Ruppersberger, Ms. Fudge, Ms. Speier, Mrs. Napolitano, Mrs. Watson Coleman, Ms. Barragan, Ms. Johnson of Texas, Mr. Evans, Mr. Espaillat, Ms. Sanchez, Mr. Price of North Carolina, Mr. Rush, Ms. Moore of Wisconsin, Mrs. Beatty, Mrs. Trahan, Mr. Langevin, Mr. Kildee, Mr. Yarmuth, Mr. Cleaver, Mrs. Demings, Mr. David Scott of Georgia, Mr. Quigley, Mrs. Dingell, Mr. Payne, Mr. Butterfield, Mr. Huffman, Ms. Eshoo, Mr. Tonko, Ms. Bonamici, Mr. Thompson of California, Mr. Bishop of Georgia, Mr. Michael F. Doyle of Pennsylvania, Ms. Garcia of Texas, Mr. Levin of Michigan, Mr. Suozzi, Mr. Phillips, Mr. Lowenthal, Ms. Lois Frankel of Florida, Mr. Casten, Ms. Houlahan, Mr. Panetta, Mr. Schrader, Mr. Jeffries, Ms. Escobar, Mr. Crist, Ms. DelBene, Mr. Garamendi, Ms. Meng, Mr. Correa, Mr. Crow, Mr. Grijalva, Mr. Cuellar, Mr. Brendan F. Boyle of Pennsylvania, Mr. Vargas, Ms. Jayapal, Mrs. Kirkpatrick, Ms. Haaland, Mr. Smith of Washington, Mr. Aguilar, Mr. Case, Ms. Brownley, Mrs. Torres of California, Mr. DeFazio, Mr. Takano, Ms. Castor of Florida, Mr. Cicilline, Mr. Sablan, Mrs. Carolyn B. Maloney of New York, Mr. Doggett, Mr. Malinowski, Ms. McCollum, Mr. Cartwright, Mrs. Bustos, Mr. Gomez, Mr. Green of Texas, Ms. Wasserman Schultz, Miss Rice of New York, Mr. Deutch, Ms. Schakowsky, Ms. Clark of Massachusetts, Mr. Carbajal, Mr. Danny K. Davis of Illinois, Ms. Lee of California, Mr. Kilmer, Mr. Higgins of New York, Ms. Adams, Ms. Tlaib, Ms. Pingree, Mr. Lieu, Ms. Velazquez, Mr. Neal, Mr. Gallego, Mr. Vela, Mr. Sean Patrick Maloney of New York, Mr. Cohen, Mr. Kim of New Jersey, Mr. McGovern, Mr. Larsen of Washington, Mr. Horsford, Mr. Veasey, Ms. Underwood, Mr. Ryan, Mr. Mfume, Ms. Bass, Mr. Larson of Connecticut, Mr. Himes, Ms. Kuster, Mr. Sires, Mr. Pallone, Ms. Omar, Mr. Bera, Ms. Wild, Ms. Blunt Rochester, Ms. Scanlon, Ms. Dean, Ms. Ocasio-Cortez, Mr. Costa, Mr. Garcia of Illinois, Mr. Courtney, Ms. Plaskett, Mr. Swalwell, Ms. Chu, Mr. Jones, Ms. Spanberger, Mr. Johnson of Georgia, Ms. DeGette, Mr. Foster, Mr. McNerney, Mr. Pappas, Ms. Bush, Mr. Cardenas, Mr. Ruiz, Ms. Sherrill, Ms. Porter, Ms. Lofgren, Mr. Hoyer, Ms. Williams of Georgia, Ms. Jacobs of California, Ms. Stevens, Ms. Craig, Mr. Allred, Mr. Torres of New York, Mr. Bowman, Mrs. Murphy of Florida, Mr. Norcross, Mr. Perlmutter, Ms. Newman, Mrs. Hayes, Mr. Scott of Virginia, Mr. Keating, Ms. Wilson of Florida, Mr. Delgado, Mr. Neguse, Mr. Auchincloss, Mr. Lawson of Florida, Mrs. McBath, Ms. Matsui, Mr. Stanton, Mr. Moulton, Mr. Clyburn, Mr. Schneider, Mr. Morelle, Mrs. Luria, Mrs. Fletcher, Mr. Soto, Mrs. Axne, Mr. Peters, and Mr. Richmond) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned April 16, 2021 Additional sponsors: Mr. Hastings, Ms. Ross, Ms. Manning, Mr. Kahele, Ms. Leger Fernandez, Mr. Lamb, Mr. Mrvan, Ms. Davids of Kansas, Mr. San Nicolas, Ms. Strickland, Ms. Schrier, Mr. Levin of California, Ms. Bourdeaux, and Mr. Gottheimer April 16, 2021 Reported from the Committee on Oversight and Reform with an amendment April 16, 2021 Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To provide for the admission of the State of Washington, D.C. into the Union. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Washington, D.C. Admission Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Election of Senators and Representative. Sec. 103. Issuance of presidential proclamation. Subtitle B--Seat of Government of the United States Sec. 111. Territory and boundaries. Sec. 112. Description of Capital. Sec. 113. Retention of title to property. Sec. 114. Effect of admission on current laws of seat of Government of United States. Sec. 115. Capital National Guard. Sec. 116. Termination of legal status of seat of Government of United States as municipal corporation. Subtitle C--General Provisions Relating to Laws of State Sec. 121. Effect of admission on current laws. Sec. 122. Pending actions and proceedings. Sec. 123. Limitation on authority to tax Federal property. Sec. 124. United States nationality. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property Sec. 201. Treatment of military lands. Sec. 202. Waiver of claims to Federal property. Subtitle B--Federal Courts Sec. 211. Residency requirements for certain Federal officials. Sec. 212. Renaming of Federal courts. Sec. 213. Conforming amendments relating to Department of Justice. Sec. 214. Treatment of pretrial services in United States District Court. Subtitle C--Federal Elections Sec. 221. Permitting individuals residing in Capital to vote in Federal elections in State of most recent domicile. Sec. 222. Repeal of Office of District of Columbia Delegate. Sec. 223. Repeal of law providing for participation of seat of government in election of President and Vice-President. Sec. 224. Expedited procedures for consideration of constitutional amendment repealing 23rd Amendment. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits Sec. 301. Federal benefit payments under certain retirement programs. Sec. 302. Continuation of Federal civil service benefits for employees first employed prior to establishment of District of Columbia merit personnel system. Sec. 303. Obligations of Federal Government under judges' retirement program. Subtitle B--Agencies Sec. 311. Public Defender Service. Sec. 312. Prosecutions. Sec. 313. Service of United States Marshals. Sec. 314. Designation of felons to facilities of Bureau of Prisons. Sec. 315. Parole and supervision. Sec. 316. Courts. Subtitle C--Other Programs and Authorities Sec. 321. Application of the College Access Act. Sec. 322. Application of the Scholarships for Opportunity and Results Act. Sec. 323. Medicaid Federal medical assistance percentage. Sec. 324. Federal planning commissions. Sec. 325. Role of Army Corps of Engineers in supplying water. Sec. 326. Requirements to be located in District of Columbia. TITLE IV--GENERAL PROVISIONS Sec. 401. General definitions. Sec. 402. Statehood Transition Commission. Sec. 403. Certification of enactment by President. Sec. 404. Severability. TITLE I--STATE OF WASHINGTON, D.C. Subtitle A--Procedures for Admission SEC. 101. ADMISSION INTO THE UNION. (a) In General.--Subject to the provisions of this Act, upon the issuance of the proclamation required by section 103(a), the State of Washington, Douglass Commonwealth is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of State.--The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States or the principles of the Declaration of Independence. (c) Nonseverability.--If any provision of this section, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall be treated as invalid. SEC. 102. ELECTION OF SENATORS AND REPRESENTATIVE. (a) Issuance of Proclamation.-- (1) In general.--Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 403, the Mayor shall issue a proclamation for the first elections for 2 Senators and one Representative in Congress from the State, subject to the provisions of this section. (2) Special rule for elections of senators.--In the elections of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators shall be assigned. (b) Rules for Conducting Elections.-- (1) In general.--The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election, and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified voters of the District of Columbia in the manner required by the laws of the District of Columbia. (2) Certification of results.--Election results shall be certified in the manner required by the laws of the District of Columbia, except that the Mayor shall also provide written certification of the results of such elections to the President. (c) Assumption of Duties.--Upon the admission of the State into the Union, the Senators and Representative elected at the elections described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of the other States in Congress. (d) Effect of Admission on House of Representatives Membership.-- (1) Permanent increase in number of members.--Effective with respect to the Congress during which the State is admitted into the Union and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the State. (2) Initial number of representatives for state.--Until the taking effect of the first apportionment of Members occurring after the admission of the State into the Union, the State shall be entitled to one Representative in the House of Representatives upon its admission into the Union. (3) Apportionment of members resulting from admission of state.-- (A) Apportionment.--Section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(a)), is amended by striking ``the then existing number of Representatives'' and inserting ``436 Representatives''. (B) Effective date.--The amendment made by subparagraph (A) shall apply with respect to the first regular decennial census conducted after the admission of the State into the Union and each subsequent regular decennial census. SEC. 103. ISSUANCE OF PRESIDENTIAL PROCLAMATION. (a) In General.--The President, upon the certification of the results of the elections of the officers required to be elected as provided in section 102(a), shall, not later than 90 days after receiving such certification pursuant to section 102(b)(2), issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of State Upon Issuance of Proclamation.--Upon the issuance of the proclamation by the President under subsection (a), the State shall be declared admitted into the Union as provided in section 101(a). Subtitle B--Seat of Government of the United States SEC. 111. TERRITORY AND BOUNDARIES. (a) In General.--Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the metes and bounds survey conducted under subsection (c). (b) Exclusion of Portion Remaining as Seat of Government of United States.--The territory of the State shall not include the area described in section 112, which shall be known as the ``Capital'' and shall serve as the seat of the Government of the United States, as provided in clause 17 of section 8 of article I of the Constitution of the United States. (c) Metes and Bounds Survey.--Not later than 180 days after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a metes and bounds survey of the Capital, as described in section 112(b). SEC. 112. DESCRIPTION OF CAPITAL. (a) In General.--Subject to subsection (c), upon the admission of the State into the Union, the Capital shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building (as such terms are used in section 8501(a) of title 40, United States Code). (b) General Description.--Upon the admission of the State into the Union, the boundaries of the Capital shall be as follows: Beginning at the intersection of the southern right-of-way of F Street NE and the eastern right-of-way of 2nd Street NE; (1) thence south along said eastern right-of-way of 2nd Street NE to its intersection with the northeastern right-of- way of Maryland Avenue NE; (2) thence southwest along said northeastern right-of-way of Maryland Avenue NE to its intersection with the northern right-of-way of Constitution Avenue NE; (3) thence west along said northern right-of-way of Constitution Avenue NE to its intersection with the eastern right-of-way of 1st Street NE; (4) thence south along said eastern right-of-way of 1st Street NE to its intersection with the southeastern right-of- way of Maryland Avenue NE; (5) thence northeast along said southeastern right-of-way of Maryland Avenue NE to its intersection with the eastern right-of-way of 2nd Street SE; (6) thence south along said eastern right-of-way of 2nd Street SE to the eastern right-of-way of 2nd Street SE; (7) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the northern property boundary of the property designated as Square 760 Lot 803; (8) thence east along said northern property boundary of Square 760 Lot 803 to its intersection with the western right- of-way of 3rd Street SE; (9) thence south along said western right-of-way of 3rd Street SE to its intersection with the northern right-of-way of Independence Avenue SE; (10) thence west along said northern right-of-way of Independence Avenue SE to its intersection with the northwestern right-of-way of Pennsylvania Avenue SE; (11) thence northwest along said northwestern right-of-way of Pennsylvania Avenue SE to its intersection with the eastern right-of-way of 2nd Street SE; (12) thence south along said eastern right-of-way of 2nd Street SE to its intersection with the southern right-of-way of C Street SE; (13) thence west along said southern right-of-way of C Street SE to its intersection with the eastern right-of-way of 1st Street SE; (14) thence south along said eastern right-of-way of 1st Street SE to its intersection with the southern right-of-way of D Street SE; (15) thence west along said southern right-of-way of D Street SE to its intersection with the eastern right-of-way of South Capitol Street; (16) thence south along said eastern right-of-way of South Capitol Street to its intersection with the northwestern right- of-way of Canal Street SE; (17) thence southeast along said northwestern right-of-way of Canal Street SE to its intersection with the southern right- of-way of E Street SE; (18) thence east along said southern right-of-way of said E Street SE to its intersection with the western right-of-way of 1st Street SE; (19) thence south along said western right-of-way of 1st Street SE to its intersection with the southernmost corner of the property designated as Square 736S Lot 801; (20) thence west along a line extended due west from said corner of said property designated as Square 736S Lot 801 to its intersection with the southwestern right-of-way of New Jersey Avenue SE; (21) thence southeast along said southwestern right-of-way of New Jersey Avenue SE to its intersection with the northwestern right-of-way of Virginia Avenue SE; (22) thence northwest along said northwestern right-of-way of Virginia Avenue SE to its intersection with the western right-of-way of South Capitol Street; (23) thence north along said western right-of-way of South Capitol Street to its intersection with the southern right-of- way of E Street SW; (24) thence west along said southern right-of-way of E Street SW to its end; (25) thence west along a line extending said southern right-of-way of E Street SW westward to its intersection with the eastern right-of-way of 2nd Street SW; (26) thence north along said eastern right-of-way of 2nd Street SW to its intersection with the southwestern right-of- way of Virginia Avenue SW; (27) thence northwest along said southwestern right-of-way of Virginia Avenue SW to its intersection with the western right-of-way of 3rd Street SW; (28) thence north along said western right-of-way of 3rd Street SW to its intersection with the northern right-of-way of D Street SW; (29) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 4th Street SW; (30) thence north along said eastern right-of-way of 4th Street SW to its intersection with the northern right-of-way of C Street SW; (31) thence west along said northern right-of-way of C Street SW to its intersection with the eastern right-of-way of 6th Street SW; (32) thence north along said eastern right-of-way of 6th Street SW to its intersection with the northern right-of-way of Independence Avenue SW; (33) thence west along said northern right-of-way of Independence Avenue SW to its intersection with the western right-of-way of 12th Street SW; (34) thence south along said western right-of-way of 12th Street SW to its intersection with the northern right-of-way of D Street SW; (35) thence west along said northern right-of-way of D Street SW to its intersection with the eastern right-of-way of 14th Street SW; (36) thence south along said eastern right-of-way of 14th Street SW to its intersection with the northeastern boundary of the Consolidated Rail Corporation railroad easement; (37) thence southwest along said northeastern boundary of the Consolidated Rail Corporation railroad easement to its intersection with the eastern shore of the Potomac River; (38) thence generally northwest along said eastern shore of the Potomac River to its intersection with a line extending westward the northern boundary of the property designated as Square 12 Lot 806; (39) thence east along said line extending westward the northern boundary of the property designated as Square 12 Lot 806 to the northern property boundary of the property designated as Square 12 Lot 806, and continuing east along said northern boundary of said property designated as Square 12 Lot 806 to its northeast corner; (40) thence east along a line extending east from said northeast corner of the property designated as Square 12 Lot 806 to its intersection with the western boundary of the property designated as Square 33 Lot 87; (41) thence south along said western boundary of the property designated as Square 33 Lot 87 to its intersection with the northwest corner of the property designated as Square 33 Lot 88; (42) thence counter-clockwise around the boundary of said property designated as Square 33 Lot 88 to its southeast corner, which is along the northern right-of-way of E Street NW; (43) thence east along said northern right-of-way of E Street NW to its intersection with the western right-of-way of 18th Street NW; (44) thence south along said western right-of-way of 18th Street NW to its intersection with the southwestern right-of- way of Virginia Avenue NW; (45) thence southeast along said southwestern right-of-way of Virginia Avenue NW to its intersection with the northern right-of-way of Constitution Avenue NW; (46) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the eastern right-of-way of 17th Street NW; (47) thence north along said eastern right-of-way of 17th Street NW to its intersection with the southern right-of-way of H Street NW; (48) thence east along said southern right-of-way of H Street NW to its intersection with the northwest corner of the property designated as Square 221 Lot 35; (49) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 35 to its southeast corner, which is along the boundary of the property designated as Square 221 Lot 37; (50) thence counter-clockwise around the boundary of said property designated as Square 221 Lot 37 to its southwest corner, which it shares with the property designated as Square 221 Lot 818; (51) thence south along the boundary of said property designated as Square 221 Lot 818 to its southwest corner, which it shares with the property designated as Square 221 Lot 40; (52) thence south along the boundary of said property designated as Square 221 Lot 40 to its southwest corner; (53) thence east along the southern border of said property designated as Square 221 Lot 40 to its intersection with the northwest corner of the property designated as Square 221 Lot 820; (54) thence south along the western boundary of said property designated as Square 221 Lot 820 to its southwest corner, which it shares with the property designated as Square 221 Lot 39; (55) thence south along the western boundary of said property designated as Square 221 Lot 39 to its southwest corner, which is along the northern right-of-way of Pennsylvania Avenue NW; (56) thence east along said northern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 15th Street NW; (57) thence south along said western right-of-way of 15th Street NW to its intersection with a line extending northwest from the southern right-of-way of the portion of Pennsylvania Avenue NW north of Pershing Square; (58) thence southeast along said line extending the southern right-of-way of Pennsylvania Avenue NW to the southern right-of-way of Pennsylvania Avenue NW, and continuing southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 14th Street NW; (59) thence south along said western right-of-way of 14th Street NW to its intersection with a line extending west from the southern right-of-way of D Street NW; (60) thence east along said line extending west from the southern right-of-way of D Street NW to the southern right-of- way of D Street NW, and continuing east along said southern right-of-way of D Street NW to its intersection with the eastern right-of-way of 13\1/2\ Street NW; (61) thence north along said eastern right-of-way of 13\1/ 2\ Street NW to its intersection with the southern right-of-way of Pennsylvania Avenue NW; (62) thence east and southeast along said southern right- of-way of Pennsylvania Avenue NW to its intersection with the western right-of-way of 12th Street NW; (63) thence south along said western right-of-way of 12th Street NW to its intersection with a line extending to the west the southern boundary of the property designated as Square 324 Lot 809; (64) thence east along said line to the southwest corner of said property designated as Square 324 Lot 809, and continuing northeast along the southern boundary of said property designated as Square 324 Lot 809 to its eastern corner, which it shares with the property designated as Square 323 Lot 802; (65) thence east along the southern boundary of said property designated as Square 323 Lot 802 to its southeast corner, which it shares with the property designated as Square 324 Lot 808; (66) thence counter-clockwise around the boundary of said property designated as Square 324 Lot 808 to its northeastern corner, which is along the southern right-of-way of Pennsylvania Avenue NW; (67) thence southeast along said southern right-of-way of Pennsylvania Avenue NW to its intersection with the eastern right-of-way of 4th Street NW; (68) thence north along a line extending north from said eastern right-of-way of 4th Street NW to its intersection with the southern right-of-way of C Street NW; (69) thence east along said southern right-of-way of C Street NW to its intersection with the eastern right-of-way of 3rd Street NW; (70) thence north along said eastern right-of-way of 3rd Street NW to its intersection with the southern right-of-way of D Street NW; (71) thence east along said southern right-of-way of D Street NW to its intersection with the western right-of-way of 1st Street NW; (72) thence south along said western right-of-way of 1st Street NW to its intersection with the northern right-of-way of C Street NW; (73) thence west along said northern right-of-way of C Street NW to its intersection with the western right-of-way of 2nd Street NW; (74) thence south along said western right-of-way of 2nd Street NW to its intersection with the northern right-of-way of Constitution Avenue NW; (75) thence east along said northern right-of-way of Constitution Avenue NW to its intersection with the northeastern right-of-way of Louisiana Avenue NW; (76) thence northeast along said northeastern right-of-way of Louisiana Avenue NW to its intersection with the southwestern right-of-way of New Jersey Avenue NW; (77) thence northwest along said southwestern right-of-way of New Jersey Avenue NW to its intersection with the northern right-of-way of D Street NW; (78) thence east along said northern right-of-way of D Street NW to its intersection with the northeastern right-of- way of Louisiana Avenue NW; (79) thence northeast along said northwestern right-of-way of Louisiana Avenue NW to its intersection with the western right-of-way of North Capitol Street; (80) thence north along said western right-of-way of North Capitol Street to its intersection with the southwestern right- of-way of Massachusetts Avenue NW; (81) thence southeast along said southwestern right-of-way of Massachusetts Avenue NW to the southwestern right-of-way of Massachusetts Avenue NE; (82) thence southeast along said southwestern right-of-way of Massachusetts Avenue NE to the southern right-of-way of Columbus Circle NE; (83) thence counter-clockwise along said southern right-of- way of Columbus Circle NE to its intersection with the southern right-of-way of F Street NE; and (84) thence east along said southern right-of-way of F Street NE to the point of beginning. (c) Exclusion of Building Serving as State Capitol.-- Notwithstanding any other provision of this section, after the admission of the State into the Union, the Capital shall not be considered to include the building known as the ``John A. Wilson Building'', as described and designated under section 601(a) of the Omnibus Spending Reduction Act of 1993 (sec. 10-1301(a), D.C. Official Code). (d) Clarification of Treatment of Frances Perkins Building.--The entirety of the Frances Perkins Building, including any portion of the Building which is north of D Street Northwest, shall be included in the Capital. SEC. 113. RETENTION OF TITLE TO PROPERTY. (a) Retention of Federal Title.--The United States shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the United States holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. (b) Retention of State Title.--The State shall have and retain title to, or jurisdiction over, for purposes of administration and maintenance, all real and personal property with respect to which the District of Columbia holds title or jurisdiction for such purposes on the day before the date of the admission of the State into the Union. SEC. 114. EFFECT OF ADMISSION ON CURRENT LAWS OF SEAT OF GOVERNMENT OF UNITED STATES. Except as otherwise provided in this Act, the laws of the District of Columbia which are in effect on the day before the date of the admission of the State into the Union (without regard to whether such laws were enacted by Congress or by the District of Columbia) shall apply in the Capital in the same manner and to the same extent beginning on the date of the admission of the State into the Union, and shall be deemed laws of the United States which are applicable only in or to the Capital. SEC. 115. CAPITAL NATIONAL GUARD. (a) Establishment.--Title 32, United States Code, is amended as follows: (1) Definitions.--In paragraphs (4), (6), and (19) of section 101, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (2) Branches and organizations.--In section 103, by striking ``District of Columbia'' and inserting ``Capital''. (3) Units: location; organization; command.--In subsections (c) and (d) of section 104, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (4) Availability of appropriations.--In section 107(b), by striking ``District of Columbia'' and inserting ``Capital''. (5) Maintenance of other troops.--In subsections (a), (b), and (c) of section 109, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (6) Drug interdiction and counter-drug activities.--In section 112(h)-- (A) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (B) in paragraph (2), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (7) Enlistment oath.--In section 304, by striking ``District of Columbia'' and inserting ``Capital''. (8) Adjutants general.--In section 314, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (9) Detail of regular members of army and air force to duty with national guard.--In section 315, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (10) Discharge of officers; termination of appointment.--In section 324(b), by striking ``District of Columbia'' and inserting ``Capital''. (11) Relief from national guard duty when ordered to active duty.--In subsections (a) and (b) of section 325, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (12) Courts-martial of national guard not in federal service: composition, jurisdiction, and procedures; convening authority.--In sections 326 and 327, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (13) Active guard and reserve duty: governor's authority.-- In section 328(a), by striking ``District of Columbia'' and inserting ``Capital''. (14) Training generally.--In section 501(b), by striking ``District of Columbia'' and inserting ``Capital''. (15) Participation in field exercises.--In section 503(b), by striking ``District of Columbia'' and inserting ``Capital''. (16) National guard schools and small arms competitions.-- In section 504(b), by striking ``District of Columbia'' and inserting ``Capital''. (17) Army and air force schools and field exercises.--In section 505, by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (18) National guard youth challenge program.--In subsections (c)(1), (g)(2), (j), (k), and (l)(1) of section 509, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (19) Issue of supplies.--In section 702-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsections (b), (c), and (d), by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (20) Purchases of supplies from army or air force.--In subsections (a) and (b) of section 703, by striking ``District of Columbia'' both places it appears and inserting ``Capital''. (21) Accountability: relief from upon order to active duty.--In section 704, by striking ``District of Columbia'' and inserting ``Capital''. (22) Property and fiscal officers.--In section 708-- (A) in subsection (a), by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''; and (B) in subsection (d), by striking ``District of Columbia'' and inserting ``Capital''. (23) Accountability for property issued to the national guard.--In subsections (c), (d), (e), and (f) of section 710, by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (24) Disposition of obsolete or condemned property.--In section 711, by striking ``District of Columbia'' and inserting ``Capital''. (25) Disposition of proceeds of condemned stores issued to national guard.--In paragraph (1) of section 712, by striking ``District of Columbia'' and inserting ``Capital''. (26) Property loss; personal injury or death.--In section 715(c), by striking ``District of Columbia'' and inserting ``Capital''. (b) Conforming Amendments.-- (1) Capital defined.-- (A) In general.--Section 101 of title 32, United States Code, is amended by adding at the end the following new paragraph: ``(20) `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (B) With regards to homeland defense activities.-- Section 901 of title 32, United States Code, is amended-- (i) in paragraph (2), by striking ``District of Columbia'' and inserting ``Capital''; and (ii) by adding at the end the following new paragraph: ``(3) The term `Governor' means, with respect to the Capital, the commanding general of the Capital National Guard.''. (2) Title 10, united states code.--Title 10, United States Code, is amended as follows: (A) Definitions.--In section 101-- (i) in subsection (a), by adding at the end the following new paragraph: ``(19) The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''; (ii) in paragraphs (2) and (4) of subsection (c), by striking ``District of Columbia'' both places it appears and inserting ``Capital''; and (iii) in subsection (d)(5), by striking ``District of Columbia'' and inserting ``Capital''. (B) Disposition on discharge.--In section 771a(c), by striking ``District of Columbia'' and inserting ``Capital''. (C) TRICARE coverage for certain members of the national guard and dependents during certain disaster response duty.--In section 1076f-- (i) in subsections (a) and (c)(1), by striking ``with respect to the District of Columbia, the mayor of the District of Columbia'' both places it appears and inserting ``with respect to the Capital, the commanding general of the Capital National Guard''; and (ii) in subsection (c)(2), by striking ``District of Columbia'' and inserting ``Capital''. (D) Payment of claims: availability of appropriations.--In paragraph (2)(B) of section 2732, by striking ``District of Columbia'' and inserting ``Capital''. (E) Members of army national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 7401(c), by striking ``District of Columbia'' and inserting ``Capital''. (F) Members of air national guard: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.--In section 9401(c), by striking ``District of Columbia'' and inserting ``Capital''. (G) Ready reserve: failure to satisfactorily perform prescribed training.--In section 10148(b)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (H) Chief of the national guard bureau.--In section 10502(a)(1)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (I) Vice chief of the national guard bureau.--In section 10505(a)(1)(A)-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' and inserting ``Capital National Guard''. (J) Other senior national guard bureau officers.-- In subparagraphs (A) and (B) of section 10506(a)(1)-- (i) by striking ``District of Columbia,'' both places it appears and inserting ``Capital,''; and (ii) by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (K) National guard bureau: general provisions.--In section 10508(b)(1), by striking ``District of Columbia'' and inserting ``Capital''. (L) Commissioned officers: original appointment; limitation.--In section 12204(b), by striking ``District of Columbia'' and inserting ``Capital''. (M) Reserve components generally.--In section 12301(b), by striking ``District of Columbia National Guard'' both places it appears and inserting ``Capital National Guard''. (N) National guard in federal service: call.--In section 12406-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. (O) Result of failure to comply with standards and qualifications.--In section 12642(c), by striking ``District of Columbia'' and inserting ``Capital''. (P) Limitation on relocation of national guard units.--In section 18238-- (i) by striking ``District of Columbia,'' and inserting ``Capital,''; and (ii) by striking ``National Guard of the District of Columbia'' and inserting ``Capital National Guard''. SEC. 116. TERMINATION OF LEGAL STATUS OF SEAT OF GOVERNMENT OF UNITED STATES AS MUNICIPAL CORPORATION. Notwithstanding section 2 of the Revised Statutes relating to the District of Columbia (sec. 1-102, D.C. Official Code) or any other provision of law codified in subchapter I of chapter 1 of the District of Columbia Official Code, effective upon the date of the admission of the State into the Union, the Capital (or any portion thereof) shall not serve as a government and shall not be a body corporate for municipal purposes. Subtitle C--General Provisions Relating to Laws of State SEC. 121. EFFECT OF ADMISSION ON CURRENT LAWS. (a) Legislative Power.--The legislative power of the State shall extend to all rightful subjects of legislation in the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Continuation of Authority and Duties of Members of Executive, Legislative, and Judicial Offices.--Upon the admission of the State into the Union, members of executive, legislative, and judicial offices of the District of Columbia shall be deemed members of the respective executive, legislative, and judicial offices of the State, as provided by the State Constitution and the laws of the State. (c) Treatment of Federal Laws.--To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect in the State as elsewhere in the United States, except as such law may otherwise provide. (d) No Effect on Existing Contracts.--Nothing in the admission of the State into the Union shall affect any obligation under any contract or agreement under which the District of Columbia or the United States is a party, as in effect on the day before the date of the admission of the State into the Union. (e) Succession in Interstate Compacts.--The State shall be deemed to be the successor to the District of Columbia for purposes of any interstate compact which is in effect on the day before the date of the admission of the State into the Union. (f) Continuation of Service of Federal Members on Boards and Commissions.--Nothing in the admission of the State into the Union shall affect the authority of a representative of the Federal Government who, as of the day before the date of the admission of the State into the Union, is a member of a board or commission of the District of Columbia to serve as a member of such board or commission or as a member of a successor to such board or commission after the admission of the State into the Union, as may be provided by the State Constitution and the laws of the State. (g) Special Rule Regarding Enforcement Authority of United States Capitol Police, United States Park Police, and United States Secret Service Uniformed Division.--The United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division may not enforce any law of the State in the State, except to the extent authorized by the State. Nothing in this subsection may be construed to affect the authority of the United States Capitol Police, the United States Park Police, and the United States Secret Service Uniformed Division to enforce any law in the Capital. SEC. 122. PENDING ACTIONS AND PROCEEDINGS. (a) State as Legal Successor to District of Columbia.--The State shall be the legal successor to the District of Columbia in all matters. (b) No Effect on Pending Proceedings.--All existing writs, actions, suits, judicial and administrative proceedings, civil or criminal liabilities, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, claims, demands, titles, and rights shall continue unaffected by the admission of the State into the Union with respect to the State or the United States, except as may be provided under this Act, as may be modified in accordance with the provisions of the State Constitution, and as may be modified by the laws of the State or the United States, as the case may be. SEC. 123. LIMITATION ON AUTHORITY TO TAX FEDERAL PROPERTY. The State may not impose any tax on any real or personal property owned or acquired by the United States, except to the extent that Congress may permit. SEC. 124. UNITED STATES NATIONALITY. No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. TITLE II--INTERESTS OF FEDERAL GOVERNMENT Subtitle A--Federal Property SEC. 201. TREATMENT OF MILITARY LANDS. (a) Reservation of Federal Authority.-- (1) In general.--Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located in the State that, on the day before the date of the admission of the State into the Union, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority.--The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and held for defense or Coast Guard purposes. (b) Authority of State.-- (1) In general.--The reservation of authority in the United States under subsection (a) shall not operate to prevent such tracts or parcels of land from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process.--The State shall have the right to serve civil or criminal process in such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed in the State but outside of such lands. SEC. 202. WAIVER OF CLAIMS TO FEDERAL PROPERTY. (a) In General.--As a compact with the United States, the State and its people disclaim all right and title to any real or personal property not granted or confirmed to the State by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on Claims Against United States.-- (1) In general.--Nothing in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction.--Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability to or the effect of any law on any such claim shall be unaffected by anything in this Act. Subtitle B--Federal Courts SEC. 211. RESIDENCY REQUIREMENTS FOR CERTAIN FEDERAL OFFICIALS. (a) Circuit Judges.--Section 44(c) of title 28, United States Code, is amended-- (1) by striking ``Except in the District of Columbia, each'' and inserting ``Each''; and (2) by striking ``within fifty miles of the District of Columbia'' and inserting ``within fifty miles of the Capital''. (b) District Judges.--Section 134(b) of such title is amended in the first sentence by striking ``the District of Columbia, the Southern District of New York, and'' and inserting ``the Southern District of New York and''. (c) United States Attorneys.--Section 545(a) of such title is amended by striking the first sentence and inserting ``Each United States attorney shall reside in the district for which he or she is appointed, except that those officers of the Southern District of New York and the Eastern District of New York may reside within 20 miles thereof.''. (d) United States Marshals.--Section 561(e)(1) of such title is amended to read as follows: ``(1) the marshal for the Southern District of New York may reside within 20 miles of the district; and''. (e) Clerks of District Courts.--Section 751(c) of such title is amended by striking ``the District of Columbia and''. (f) Effective Date.--The amendments made by this section shall apply only to individuals appointed after the date of the admission of the State into the Union. SEC. 212. RENAMING OF FEDERAL COURTS. (a) Renaming.-- (1) Circuit court.--Section 41 of title 28, United States Code, is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; and (B) in the second column, by striking ``District of Columbia'' and inserting ``Capital; Washington, Douglass Commonwealth''. (2) District court.--Section 88 of such title is amended-- (A) in the heading, by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''; (B) by amending the first paragraph to read as follows: ``The State of Washington, Douglass Commonwealth and the Capital comprise one judicial district.''; and (C) in the second paragraph, by striking ``Washington'' and inserting ``the Capital''. (3) Clerical amendment.--The item relating to section 88 in the table of sections for chapter 5 of such title is amended to read as follows: ``88. Washington, Douglass Commonwealth and the Capital.''. (b) Conforming Amendments Relating to Court of Appeals.--Title 28, United States Code, is amended as follows: (1) Appointment of judges.--Section 44(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Capital''. (2) Terms of court.--Section 48(a) of such title is amended-- (A) in the first column, by striking ``District of Columbia'' and inserting ``Capital''; (B) in the second column, by striking ``Washington'' and inserting ``Capital'' ; and (C) in the second column, by striking ``District of Columbia'' and inserting ``Capital''. (3) Appointment of independent counsels by chief judge of circuit.--Section 49 of such title is amended by striking ``District of Columbia'' each place it appears and inserting ``Capital''. (4) Circuit court jurisdiction over certification of death penalty counsels.--Section 2265(c)(2) of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (5) Circuit court jurisdiction over review of federal agency orders.--Section 2343 of such title is amended by striking ``the District of Columbia Circuit'' and inserting ``the Capital Circuit''. (c) Conforming Amendments Relating to District Court.--Title 28, United States Code, is amended as follows: (1) Appointment and number of district court judges.-- Section 133(a) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) District court jurisdiction of tax cases brought against united states.--Section 1346(e) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (3) District court jurisdiction over proceedings for forfeiture of foreign property.--Section 1355(b)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (4) District court jurisdiction over civil actions brought against a foreign state.--Section 1391(f)(4) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (5) District court jurisdiction over actions brought by corporations against united states.--Section 1402(a)(2) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (6) Venue in district court of certain actions brought by employees of executive office of the president.--Section 1413 of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (7) Venue in district court of action enforcing foreign judgment.--Section 2467(c)(2)(B) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (d) Conforming Amendments Relating to Other Courts.--Title 28, United States Code, is amended as follows: (1) Appointment of bankruptcy judges.--Section 152(a)(2) of such title is amended in the first column by striking ``District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (2) Location of court of federal claims.--Section 173 of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (3) Duty station of judges of court of federal claims.-- Section 175 of such title is amended by striking ``the District of Columbia'' each place it appears and inserting ``the Capital''. (4) Duty station of judges for purposes of traveling expenses.--Section 456(b) of such title is amended to read as follows: ``(b) The official duty station of the Chief Justice of the United States, the Justices of the Supreme Court of the United States, and the judges of the United States Court of Appeals for the Federal Circuit shall be the Capital.''. (5) Court accommodations for federal circuit and court of federal claims.--Section 462(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (6) Places of holding court of court of federal claims.-- Section 798(a) of such title is amended-- (A) by striking ``Washington, District of Columbia'' and inserting ``the Capital''; and (B) by striking ``the District of Columbia'' and inserting ``the Capital''. (e) Other Conforming Amendments.-- (1) Service of process on foreign parties at state department office.--Section 1608(a)(4) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (2) Service of process in property cases at attorney general office.--Section 2410(b) of such title is amended by striking ``Washington, District of Columbia'' and inserting ``the Capital''. (f) Definition.--Section 451 of title 28, United States Code, is amended by adding at the end the following new undesignated paragraph: ``The term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (g) References in Other Laws.--Any reference in any Federal law (other than a law amended by this section), rule, or regulation-- (1) to the United States Court of Appeals for the District of Columbia shall be deemed to refer to the United States Court of Appeals for the Capital; (2) to the District of Columbia Circuit shall be deemed to refer to the Capital Circuit; and (3) to the United States District Court for the District of Columbia shall be deemed to refer to the United States District Court for Washington, Douglass Commonwealth and the Capital. (h) Effective Date.--This section and the amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 213. CONFORMING AMENDMENTS RELATING TO DEPARTMENT OF JUSTICE. (a) Appointment of United States Trustees.--Section 581(a)(4) of title 28, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital and Washington, Douglass Commonwealth''. (b) Independent Counsels.-- (1) Appointment of additional personnel.--Section 594(c) of such title is amended-- (A) by striking ``the District of Columbia'' the first place it appears and inserting ``Washington, Douglass Commonwealth and the Capital''; and (B) by striking ``the District of Columbia'' the second place it appears and inserting ``Washington, Douglass Commonwealth''. (2) Judicial review of removal.--Section 596(a)(3) of such title is amended by striking ``the District of Columbia'' and inserting ``Washington, Douglass Commonwealth and the Capital''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 214. TREATMENT OF PRETRIAL SERVICES IN UNITED STATES DISTRICT COURT. Section 3152 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``(other than the District of Columbia)'' and inserting ``(subject to subsection (d), other than the District of Columbia)''; and (2) by adding at the end the following new subsection: ``(d) In the case of the judicial district of Washington, Douglass Commonwealth and the Capital-- ``(1) upon the admission of the State of Washington, Douglass Commonwealth into the Union, the Washington, Douglass Commonwealth Pretrial Services Agency shall continue to provide pretrial services in the judicial district in the same manner and to the same extent as the District of Columbia Pretrial Services Agency provided such services in the judicial district of the District of Columbia as of the day before the date of the admission of the State into the Union; and ``(2) upon the receipt by the President of the certification from the State of Washington, Douglass Commonwealth under section 315(b)(4) of the Washington, D.C. Admission Act that the State has in effect laws providing for the State to provide pre-trial services, paragraph (1) shall no longer apply, and the Director shall provide for the establishment of pretrial services in the judicial district under this section.''. Subtitle C--Federal Elections SEC. 221. PERMITTING INDIVIDUALS RESIDING IN CAPITAL TO VOTE IN FEDERAL ELECTIONS IN STATE OF MOST RECENT DOMICILE. (a) Requirement for States to Permit Individuals to Vote by Absentee Ballot.-- (1) In general.--Each State shall-- (A) permit absent Capital voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent Capital voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent capital voter defined.--In this section, the term ``absent Capital voter'' means, with respect to a State, a person who resides in the Capital and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the Capital), but only if the State is the last place in which the person was domiciled before residing in the Capital. (3) State defined.--In this section, the term ``State'' means each of the several States, including the State. (b) Recommendations to States to Maximize Access to Polls by Absent Capital Voters.--To afford maximum access to the polls by absent Capital voters, it is the sense of Congress that the States should-- (1) waive registration requirements for absent Capital voters who, by reason of residence in the Capital, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement.--The Attorney General may bring a civil action in the appropriate district court of the United States for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on Certain Other Laws.--The exercise of any right under this section shall not affect, for purposes of a Federal tax, a State tax, or a local tax, the residence or domicile of a person exercising such right. (e) Effective Date.--This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. SEC. 222. REPEAL OF OFFICE OF DISTRICT OF COLUMBIA DELEGATE. (a) In General.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1-402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955.--The District of Columbia Elections Code of 1955 is amended-- (1) in section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives,''; (2) in section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6), (B) in paragraph (12), by striking ``(except the Delegate to Congress for the District of Columbia)'', and (C) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia,''; (3) in section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) by striking ``Delegate,'' in the heading, and (B) by striking ``Delegate,'' each place it appears in subsections (d), (h)(1)(A), (h)(2), (i)(1), (j)(1), (j)(3), and (k)(3); (4) in section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)-- (i) by striking ``Delegate,'' each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official Code), by striking ``Delegate to the House of Representatives,''; (6) in section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,''; and (7) in section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``except the Delegate to the Congress from the District of Columbia''. (c) Effective Date.--The amendments made by this section shall take effect upon the admission of the State into the Union. SEC. 223. REPEAL OF LAW PROVIDING FOR PARTICIPATION OF SEAT OF GOVERNMENT IN ELECTION OF PRESIDENT AND VICE-PRESIDENT. (a) In General.--Chapter 1 of title 3, United States Code, is amended-- (1) by striking section 21; and (2) in the table of sections, by striking the item relating to section 21. (b) Effective Date.--The amendments made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice-President taking place on or after such date. SEC. 224. EXPEDITED PROCEDURES FOR CONSIDERATION OF CONSTITUTIONAL AMENDMENT REPEALING 23RD AMENDMENT. (a) Joint Resolution Described.--In this section, the term ``joint resolution'' means a joint resolution-- (1) entitled ``A joint resolution proposing an amendment to the Constitution of the United States to repeal the 23rd article of amendment''; and (2) the matter after the resolving clause of which consists solely of text to amend the Constitution of the United States to repeal the 23rd article of amendment to the Constitution. (b) Expedited Consideration in House of Representatives.-- (1) Placement on calendar.--Upon introduction in the House of Representatives, the joint resolution shall be placed immediately on the appropriate calendar. (2) Proceeding to consideration.-- (A) In general.--It shall be in order, not later than 30 legislative days after the date the joint resolution is introduced in the House of Representatives, to move to proceed to consider the joint resolution in the House of Representatives. (B) Procedure.--For a motion to proceed to consider the joint resolution-- (i) all points of order against the motion are waived; (ii) such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on the joint resolution; (iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; (iv) the motion shall not be debatable; and (v) a motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration.--When the House of Representatives proceeds to consideration of the joint resolution-- (A) the joint resolution shall be considered as read; (B) all points of order against the joint resolution and against its consideration are waived; (C) the previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent; (D) an amendment to the joint resolution shall not be in order; and (E) a motion to reconsider the vote on passage of the joint resolution shall not be in order. (c) Expedited Consideration in Senate.-- (1) Placement on calendar.--Upon introduction in the Senate, the joint resolution shall be placed immediately on the calendar. (2) Proceeding to consideration.-- (A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 30 legislative days after the date the joint resolution is introduced in the Senate (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution. (B) Procedure.--For a motion to proceed to the consideration of the joint resolution-- (i) all points of order against the motion are waived; (ii) the motion is not debatable; (iii) the motion is not subject to a motion to postpone; (iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; and (v) if the motion is agreed to, the joint resolution shall remain the unfinished business until disposed of. (3) Floor consideration.-- (A) In general.--If the Senate proceeds to consideration of the joint resolution-- (i) all points of order against the joint resolution (and against consideration of the joint resolution) are waived; (ii) consideration of the joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 30 hours, which shall be divided equally between the majority and minority leaders or their designees; (iii) a motion further to limit debate is in order and not debatable; (iv) an amendment to, a motion to postpone, or a motion to commit the joint resolution is not in order; and (v) a motion to proceed to the consideration of other business is not in order. (B) Vote on passage.--In the Senate the vote on passage shall occur immediately following the conclusion of the consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (C) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of this subsection or the rules of the Senate, as the case may be, to the procedure relating to the joint resolution shall be decided without debate. (d) Rules Relating to Senate and House of Representatives.-- (1) Coordination with action by other house.--If, before the passage by one House of the joint resolution of that House, that House receives from the other House the joint resolution-- (A) the joint resolution of the other House shall not be referred to a committee; and (B) with respect to the joint resolution of the House receiving the resolution-- (i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; and (ii) the vote on passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house.--If one House fails to introduce or consider the joint resolution under this section, the joint resolution of the other House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (e) Rules of House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of the joint resolution, and supersede other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. TITLE III--CONTINUATION OF CERTAIN AUTHORITIES AND RESPONSIBILITIES Subtitle A--Employee Benefits SEC. 301. FEDERAL BENEFIT PAYMENTS UNDER CERTAIN RETIREMENT PROGRAMS. (a) Continuation of Entitlement to Payments.--Any individual who, as of the day before the date of the admission of the State into the Union, is entitled to a Federal benefit payment under the District of Columbia Retirement Protection Act of 1997 (subtitle A of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997; sec. 1-801.01 et seq., D.C. Official Code) shall continue to be entitled to such a payment after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (b) Obligations of Federal Government.-- (1) In general.--Any obligation of the Federal Government under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. (2) D.C. federal pension fund.--Any obligation of the Federal Government under chapter 9 of the District of Columbia Retirement Protection Act of 1997 (sec. 1-817.01 et seq., D.C. Official Code) with respect to the D.C. Federal Pension Fund which exists as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such Fund after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such chapter. (c) Obligations of State.--Any obligation of the District of Columbia under the District of Columbia Retirement Protection Act of 1997 which exists with respect to any individual or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such an individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such Act. SEC. 302. CONTINUATION OF FEDERAL CIVIL SERVICE BENEFITS FOR EMPLOYEES FIRST EMPLOYED PRIOR TO ESTABLISHMENT OF DISTRICT OF COLUMBIA MERIT PERSONNEL SYSTEM. (a) Obligations of Federal Government.--Any obligation of the Federal Government under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the District of Columbia as of the day before the date of the admission of the State into the Union shall remain in effect with respect to such individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (b) Obligations of State.--Any obligation of the District of Columbia under title 5, United States Code, which exists with respect to an individual described in subsection (c) or with respect to the Federal Government as of the day before the date of the admission of the State into the Union shall become an obligation of the State with respect to such individual and with respect to the Federal Government after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such title. (c) Individuals Described.--An individual described in this subsection is an individual who was first employed by the government of the District of Columbia before October 1, 1987. SEC. 303. OBLIGATIONS OF FEDERAL GOVERNMENT UNDER JUDGES' RETIREMENT PROGRAM. (a) Continuation of Obligations.-- (1) In general.--Any obligation of the Federal Government under subchapter III of chapter 15 of title 11, District of Columbia Official Code-- (A) which exists with respect to any individual and the District of Columbia as the result of service accrued prior to the date of the admission of the State into the Union shall remain in effect with respect to such an individual and with respect to the State after the admission of the State into the Union, in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter; and (B) subject to paragraph (2), shall exist with respect to any individual and the State as the result of service accrued after the date of the admission of the State into the Union in the same manner, to the same extent, and subject to the same terms and conditions applicable under such subchapter as such obligation existed with respect to individuals and the District of Columbia as of the date of the admission of the State into the Union. (2) Treatment of service accrued after taking effect of state retirement program.--Subparagraph (B) of paragraph (1) does not apply to service accrued on or after the termination date described in subsection (b). (b) Termination Date.--The termination date described in this subsection is the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the retirement of judges of the State. Subtitle B--Agencies SEC. 311. PUBLIC DEFENDER SERVICE. (a) Continuation of Operations and Funding.-- (1) In general.--Except as provided in paragraph (2) and subsection (b), title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code) shall apply with respect to the State and to the public defender service of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the District of Columbia Public Defender Service as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 305(c) of such Act (sec. 2- 1605(c)(2), D.C. Official Code), the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the public defender service of the State and who, pursuant to section 305(c) of such Act (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (b) Renaming of Service.--Effective upon the date of the admission of the State into the Union, the State may rename the public defender service of the State. (c) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the public defender service of the State as of the day before the date described in subsection (d) and who, pursuant to section 305(c) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1605(c), D.C. Official Code), is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of subsection (a) under subsection (d). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (d), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (d) Termination.--Subsection (a) shall terminate upon the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the office of the State which provides the services described in title III of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1601 et seq., D.C. Official Code). SEC. 312. PROSECUTIONS. (a) Assignment of Assistant United States Attorneys.-- (1) In general.--In accordance with subchapter VI of chapter 33 of title 5, United States Code, the Attorney General, with the concurrence of the District of Columbia or the State (as the case may be), shall provide for the assignment of assistant United States attorneys to the State to carry out the functions described in subsection (b). (2) Assignments made on detail without reimbursement by state.--In accordance with section 3373 of title 5, United States Code-- (A) an assistant United States attorney who is assigned to the State under this section shall be deemed under subsection (a) of such section to be on detail to a regular work assignment in the Department of Justice; and (B) the assignment of an assistant United States attorney to the State under this section shall be made without reimbursement by the State of the pay of the attorney or any related expenses. (b) Functions Described.--The functions described in this subsection are criminal prosecutions conducted in the name of the State which would have been conducted in the name of the United States by the United States attorney for the District of Columbia or his or her assistants, as provided under section 23-101(c), District of Columbia Official Code, but for the admission of the State into the Union. (c) Minimum Number Assigned.--The number of assistant United States attorneys who are assigned under this section may not be less than the number of assistant United States attorneys whose principal duties as of the day before the date of the admission of the State into the Union were to conduct criminal prosecutions in the name of the United States under section 23-101(c), District of Columbia Official Code. (d) Termination.--The obligation of the Attorney General to provide for the assignment of assistant United States attorneys under this section shall terminate upon written certification by the State to the President that the State has appointed attorneys of the State to carry out the functions described in subsection (b). (e) Clarification Regarding Clemency Authority.-- (1) In general.--Effective upon the admission of the State into the Union, the authority to grant clemency for offenses against the District of Columbia or the State shall be exercised by such person or persons, and under such terms and conditions, as provided by the State Constitution and the laws of the State, without regard to whether the prosecution for the offense was conducted by the District of Columbia, the State, or the United States. (2) Definition.--In this subsection, the term ``clemency'' means a pardon, reprieve, or commutation of sentence, or a remission of a fine or other financial penalty. SEC. 313. SERVICE OF UNITED STATES MARSHALS. (a) Provision of Services for Courts of State.--The United States Marshals Service shall provide services with respect to the courts and court system of the State in the same manner and to the same extent as the Service provided services with respect to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union, except that the President shall not appoint a United States Marshal under section 561 of title 28, United States Code, for any court of the State. (b) Termination.--The obligation of the United States Marshals Service to provide services under this section shall terminate upon written certification by the State to the President that the State has appointed personnel of the State to provide such services. SEC. 314. DESIGNATION OF FELONS TO FACILITIES OF BUREAU OF PRISONS. (a) Continuation of Designation.--Chapter 1 of subtitle C of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-101 et seq., D.C. Official Code) and the amendments made by such chapter-- (1) shall continue to apply with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union; and (2) shall apply with respect to individuals convicted of offenses under the laws of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such chapter and amendments applied with respect to individuals convicted of offenses under the laws of the District of Columbia prior to the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws for the housing of individuals described in subsection (a) in correctional facilities. SEC. 315. PAROLE AND SUPERVISION. (a) United States Parole Commission.-- (1) Parole.--The United States Parole Commission-- (A) shall continue to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11231 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-131, D.C. Official Code); and (B) shall exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State in the same manner and to the same extent as the Commission exercised in the case of any individual described in subparagraph (A). (2) Supervision of released offenders.--The United States Parole Commission-- (A) shall continue to exercise the authority over individuals who are released offenders of the District of Columbia as of the day before the date of the admission of the State into the Union, as provided under section 11233(c)(2) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133(c)(2), D.C. Official Code); and (B) shall exercise authority over individuals who are released offenders of the State in the same manner and to the same extent as the Commission exercised authority over individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the United States Parole Commission as of the later of the day before the date described in subparagraph (A) of paragraph (4) or the day before the date described in subparagraph (B) of paragraph (4) and who, on or after such date, is an employee of the office of the State which exercises the authority described in either such subparagraph, shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of this subsection under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the later of the date described in subparagraph (A) of paragraph (4) or the date described in subparagraph (B) of paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--The provisions of this subsection shall terminate-- (A) in the case of paragraph (1), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise the authority to grant, deny, and revoke parole, and to impose conditions upon an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole under the laws of the State; and (B) in the case of paragraph (2), on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to exercise authority over individuals who are released offenders of the State. (b) Court Services and Offender Supervision Agency.-- (1) Renaming.--Effective upon the date of the admission of the State into the Union-- (A) the Court Services and Offender Supervision Agency for the District of Columbia shall be known and designated as the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, and any reference in any law, rule, or regulation to the Court Services and Offender Supervision Agency for the District of Columbia shall be deemed to refer to the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth; and (B) the District of Columbia Pretrial Services Agency shall be known and designated as the Washington, Douglass Commonwealth Pretrial Services Agency, and any reference in any law, rule or regulation to the District of Columbia Pretrial Services Agency shall be deemed to refer to the Washington, Douglass Commonwealth Pretrial Services Agency. (2) In general.--The Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth, including the Washington, Douglass Commonwealth Pretrial Services Agency (as renamed under paragraph (1))-- (A) shall continue to provide pretrial services with respect to individuals who are charged with an offense in the District of Columbia, provide supervision for individuals who are offenders on probation, parole, and supervised release pursuant to the laws of the District of Columbia, and carry out sex offender registration functions with respect to individuals who are sex offenders in the District of Columbia, as of the day before the date of the admission of the State into the Union, as provided under section 11233 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-133, D.C. Official Code); and (B) shall provide pretrial services with respect to individuals who are charged with an offense in the State, provide supervision for offenders on probation, parole, and supervised release pursuant to the laws of the State, and carry out sex offender registration functions in the State, in the same manner and to the same extent as the Agency provided such services and supervision and carried out such functions for individuals described in subparagraph (A). (3) Continuation of federal benefits for employees.-- (A) Continuation.--Any individual who is an employee of the Court Services and Offender Supervision Agency for Washington, Douglass Commonwealth as of the day before the date described in paragraph (4), and who, on or after such date, is an employee of the office of the State which provides the services and carries out the functions described in paragraph (4), shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, notwithstanding the termination of the provisions of paragraph (2) under paragraph (4). (B) Responsibility for employer contribution.-- Beginning on the date described in paragraph (4), the State shall be treated as the employing agency with respect to the benefits described in subparagraph (A) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such subparagraph. (4) Termination.--Paragraph (2) shall terminate on the date on which the State provides written certification to the President that the State has in effect laws providing for the State to provide pretrial services, supervise offenders on probation, parole, and supervised release, and carry out sex offender registration functions in the State. SEC. 316. COURTS. (a) Continuation of Operations.-- (1) In general.--Except as provided in paragraphs (2) and (3) and subsection (b), title 11, District of Columbia Official Code, as in effect on the date before the date of the admission of the State into the Union, shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such title applied with respect to the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (2) Responsibility for employer contribution.--For purposes of paragraph (2) of section 11-1726(b) and paragraph (2) of section 11-1726(c), District of Columbia Official Code, the Federal Government shall be treated as the employing agency with respect to the benefits provided under such section to an individual who is an employee of the courts and court system of the State and who, pursuant to either such paragraph, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (3) Other exceptions.-- (A) Selection of judges.--Effective upon the date of the admission of the State into the Union, the State shall select judges for any vacancy on the courts of the State. (B) Renaming of courts and other offices.-- Effective upon the date of the admission of the State into the Union, the State may rename any of its courts and any of the other offices of its court system. (C) Rules of construction.--Nothing in this paragraph shall be construed-- (i) to affect the service of any judge serving on a court of the District of Columbia on the day before the date of the admission of the State into the Union, or to require the State to select such a judge for a vacancy on a court of the State; or (ii) to waive any of the requirements of chapter 15 of title 11, District of Columbia Official Code (other than section 11-1501(a) of such Code), including subchapter II of such chapter (relating to the District of Columbia Commission on Judicial Disabilities and Tenure), with respect to the appointment and service of judges of the courts of the State. (b) Continuation of Federal Benefits for Employees.-- (1) In general.--Any individual who is an employee of the courts or court system of the State as of the day before the date described in subsection (e) and who, pursuant to section 11-1726(b) or section 11-1726(c), District of Columbia Official Code, is treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code, shall continue to be treated as an employee of the Federal Government for such purposes, notwithstanding the termination of the provisions of this section under subsection (e). (2) Responsibility for employer contribution.--Beginning on the date described in subsection (e), the State shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. (c) Continuation of Funding.--Section 11241 of the National Capital Revitalization and Self-Government Improvement Act of 1997 (section 11- 1743 note, District of Columbia Official Code) shall apply with respect to the State and the courts and court system of the State after the date of the admission of the State into the Union in the same manner and to the same extent as such section applied with respect to the Joint Committee on Judicial Administration in the District of Columbia and the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (d) Treatment of Court Receipts.-- (1) Deposit of receipts into treasury.--Except as provided in paragraph (2), all money received by the courts and court system of the State shall be deposited in the Treasury of the United States. (2) Crime victims compensation fund.--Section 16 of the Victims of Violent Crime Compensation Act of 1996 (sec. 4-515, D.C. Official Code), relating to the Crime Victims Compensation Fund, shall apply with respect to the courts and court system of the State in the same manner and to the same extent as such section applied to the courts and court system of the District of Columbia as of the day before the date of the admission of the State into the Union. (e) Termination.--The provisions of this section, other than paragraph (3) of subsection (a) and except as provided under subsection (b), shall terminate on the date on which the State provides written certification to the President that the State has in effect laws requiring the State to appropriate and make available funds for the operation of the courts and court system of the State. Subtitle C--Other Programs and Authorities SEC. 321. APPLICATION OF THE COLLEGE ACCESS ACT. (a) Continuation.--The District of Columbia College Access Act of 1999 (Public Law 106-98; sec. 38-2701 et seq., D.C. Official Code) shall apply with respect to the State, and to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia and the University of the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section, other than with respect to the public institution of higher education designated by the State as the successor to the University of the District of Columbia, shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State to provide tuition assistance substantially similar to the assistance provided under the District of Columbia College Access Act of 1999. SEC. 322. APPLICATION OF THE SCHOLARSHIPS FOR OPPORTUNITY AND RESULTS ACT. (a) Continuation.--The Scholarships for Opportunity and Results Act (division C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code) shall apply with respect to the State after the date of the admission of the State into the Union in the same manner and to the same extent as such Act applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (b) Termination.--The provisions of this section shall terminate upon written certification by the State to the President that the State has in effect laws requiring the State-- (1) to provide tuition assistance substantially similar to the assistance provided under the Scholarships for Opportunity and Results Act; and (2) to provide supplemental funds to the public schools and public charter schools of the State in the amounts provided in the most recent fiscal year for public schools and public charter schools of the State or the District of Columbia (as the case may be) under such Act. SEC. 323. MEDICAID FEDERAL MEDICAL ASSISTANCE PERCENTAGE. (a) Continuation.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), during the period beginning on the date of the admission of the State into the Union and ending on September 30 of the fiscal year during which the State submits the certification described in subsection (b), the Federal medical assistance percentage for the State under title XIX of such Act shall be the Federal medical assistance percentage for the District of Columbia under such title as of the day before the date of the admission of the State into the Union. (b) Termination.--The certification described in this subsection is a written certification by the State to the President that, during each of the first 5 fiscal years beginning after the date of the certification, the estimated revenues of the State will be sufficient to cover any reduction in revenues which may result from the termination of the provisions of this section. SEC. 324. FEDERAL PLANNING COMMISSIONS. (a) National Capital Planning Commission.-- (1) Continuing application.--Subject to the amendments made by paragraphs (2) and (3), upon the admission of the State into the Union, chapter 87 of title 40, United States Code, shall apply as follows: (A) Such chapter shall apply with respect to the Capital in the same manner and to the same extent as such chapter applied with respect to the District of Columbia as of the day before the date of the admission of the State into the Union. (B) Such chapter shall apply with respect to the State in the same manner and to the same extent as such chapter applied with respect to the State of Maryland and the Commonwealth of Virginia as of the day before the date of the admission of the State into the Union. (2) Composition of national capital planning commission.-- Section 8711(b) of title 40, United States Code, is amended-- (A) by amending subparagraph (B) of paragraph (1) to read as follows: ``(B) four citizens with experience in city or regional planning, who shall be appointed by the President.''; and (B) by amending paragraph (2) to read as follows: ``(2) Residency requirement.--Of the four citizen members, one shall be a resident of Virginia, one shall be a resident of Maryland, and one shall be a resident of Washington, Douglass Commonwealth.''. (3) Conforming amendments to definitions of terms.-- (A) Environs.--Paragraph (1) of section 8702 of such title is amended by striking ``the territory surrounding the District of Columbia'' and inserting ``the territory surrounding the National Capital''. (B) National capital.--Paragraph (2) of section 8702 of such title is amended to read as follows: ``(2) National capital.--The term `National Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act, and the territory the Federal Government owns in the environs.''. (C) National capital region.--Subparagraph (A) of paragraph (3) of section 8702 of such title is amended to read as follows: ``(A) the National Capital and the State of Washington, Douglass Commonwealth;''. (b) Commission of Fine Arts.-- (1) Limiting application to the capital.--Section 9102(a)(1) of title 40, United States Code, is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (2) Definition.--Section 9102 of such title is amended by adding at the end the following new subsection: ``(d) Definition.--In this chapter, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (3) Conforming amendment.--Section 9101(d) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital''. (c) Commemorative Works Act.-- (1) Limiting application to capital.--Section 8902 of title 40, United States Code, is amended by adding at the end the following new subsection: ``(c) Limiting Application to Capital.--This chapter applies only with respect to commemorative works in the Capital and its environs.''. (2) Definition.--Paragraph (2) of section 8902(a) of such title is amended to read as follows: ``(2) Capital and its environs.--The term `Capital and its environs' means-- ``(A) the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act; and ``(B) those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled `Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003, that are located outside of the State of Washington, Douglass Commonwealth.''. (3) Temporary site designation.--Section 8907(a) of such title is amended by striking ``the District of Columbia'' and inserting ``the Capital and its environs''. (4) General conforming amendments.--Chapter 89 of such title is amended by striking ``the District of Columbia and its environs'' each place it appears in the following sections and inserting ``the Capital and its environs'': (A) Section 8901(2) and 8901(4). (B) Section 8902(a)(4). (C) Section 8903(d). (D) Section 8904(c). (E) Section 8905(a). (F) Section 8906(a). (G) Section 8909(a) and 8909(b). (5) Additional conforming amendment.--Section 8901(2) of such title is amended by striking ``the urban fabric of the District of Columbia'' and inserting ``the urban fabric of the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act''. (d) Effective Date.--This section and the amendments made by this section shall take effect on the date of the admission of the State into the Union. SEC. 325. ROLE OF ARMY CORPS OF ENGINEERS IN SUPPLYING WATER. (a) Continuation of Role.--Chapter 95 of title 40, United States Code, is amended by adding at the end the following new section: ``Sec. 9508. Applicability to Capital and State of Washington, Douglass Commonwealth ``(a) In General.--Effective upon the admission of the State of Washington, Douglass Commonwealth into the Union, any reference in this chapter to the District of Columbia shall be deemed to refer to the Capital or the State of Washington, Douglass Commonwealth, as the case may be. ``(b) Definition.--In this section, the term `Capital' means the area serving as the seat of the Government of the United States, as described in section 112 of the Washington, D.C. Admission Act.''. (b) Clerical Amendment.--The table of sections of chapter 95 of such title is amended by adding at the end the following: ``9508. Applicability to Capital and State of Washington, Douglass Commonwealth.''. SEC. 326. REQUIREMENTS TO BE LOCATED IN DISTRICT OF COLUMBIA. The location of any person in the Capital or Washington, Douglass Commonwealth on the day after the date of the admission of the State into the Union shall be deemed to satisfy any requirement under any law in effect as of the day before the date of the admission of the State into the Union that the person be located in the District of Columbia, including the requirements of section 72 of title 4, United States Code (relating to offices of the seat of the Government of the United States), and title 36, United States Code (relating to patriotic and national organizations). TITLE IV--GENERAL PROVISIONS SEC. 401. GENERAL DEFINITIONS. In this Act, the following definitions shall apply: (1) The term ``Capital'' means the area serving as the seat of the Government of the United States, as described in section 112. (2) The term ``Council'' means the Council of the District of Columbia. (3) The term ``Mayor'' means the Mayor of the District of Columbia. (4) Except as otherwise provided, the term ``State'' means the State of Washington, Douglass Commonwealth. (5) The term ``State Constitution'' means the proposed Constitution of the State of Washington, D.C., as approved by the Council on October 18, 2016, pursuant to the Constitution and Boundaries for the State of Washington, D.C. Approval Resolution of 2016 (D.C. Resolution R21-621), ratified by District of Columbia voters in Advisory Referendum B approved on November 8, 2016, and certified by the District of Columbia Board of Elections on November 18, 2016. SEC. 402. STATEHOOD TRANSITION COMMISSION. (a) Establishment.--There is established the Statehood Transition Commission (hereafter in this section referred to as the ``Commission''). (b) Composition.-- (1) In general.--The Commission shall be composed of 18 members as follows: (A) 3 members appointed by the President. (B) 2 members appointed by the Speaker of the House of Representatives. (C) 2 members appointed by the Minority Leader of the House of Representatives. (D) 2 members appointed by the Majority Leader of the Senate. (E) 2 members appointed by the Minority Leader of the Senate. (F) 3 members appointed by the Mayor. (G) 3 members appointed by the Council. (H) The Chief Financial Officer of the District of Columbia. (2) Appointment date.-- (A) In general.--The appointments of the members of the Commission shall be made not later than 90 days after the date of the enactment of this Act. (B) Effect of lack of appointment by appointment date.--If one or more appointments under any of the subparagraphs of paragraph (1) is not made by the appointment date specified in subparagraph (A), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made. (3) Term of service.--Each member shall be appointed for the life of the Commission. (4) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) No compensation.--Members shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (6) Chair and vice chair.--The Chair and Vice Chair of the Commission shall be elected by the members of the Commission-- (A) with respect to the Chair, from among the members described in subparagraphs (A) through (E) of paragraph (1); and (B) with respect to the Vice Chair, from among the members described in subparagraphs (F) and (G) of paragraph (1). (c) Staff.-- (1) Director.--The Commission shall have a Director, who shall be appointed by the Chair. (2) Other staff.--The Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (3) Non-applicability of certain civil service laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except that an individual so appointed may not receive pay in excess of the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Experts and consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Duties.--The Commission shall advise the President, Congress, the Mayor (or, upon the admission of the State into the Union, the chief executive officer of the State), and the Council (or, upon the admission of the State into the Union, the legislature of the State) concerning an orderly transition to statehood for the District of Columbia or the State (as the case may be) and to a reduced geographical size of the seat of the Government of the United States, including with respect to property, funding, programs, projects, and activities. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (3) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chair. (2) Initial meeting.--The Commission shall hold its first meeting not later than the earlier of-- (A) 30 days after the date on which all members of the Commission have been appointed; or (B) if the number of members of the Commission is reduced under subsection (b)(2)(B), 90 days after the date of the enactment of this Act. (3) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Reports.--The Commission shall submit such reports as the Commission considers appropriate or as may be requested by the President, Congress, or the District of Columbia (or, upon the admission of the State into the Union, the State). (h) Termination.--The Commission shall cease to exist 2 years after the date of the admission of the State into the Union. SEC. 403. CERTIFICATION OF ENACTMENT BY PRESIDENT. Not more than 60 days after the date of the enactment of this Act, the President shall provide written certification of such enactment to the Mayor. SEC. 404. SEVERABILITY. Except as provided in section 101(c), if any provision of this Act or amendment made by this Act, or the application thereof to any person or circumstance, is held to be invalid, the remaining provisions of this Act and any amendments made by this Act shall not be affected by the holding. Union Calendar No. 6 117th CONGRESS 1st Session H. R. 51 _______________________________________________________________________ A BILL To provide for the admission of the State of Washington, D.C. into the Union. _______________________________________________________________________ April 16, 2021 Reported from the Committee on Oversight and Reform with an amendment April 16, 2021 Committees on Rules, Armed Services, the Judiciary, and Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 520 (Introduced in House) - Safeguarding Coal Leasing Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr520ih/html/BILLS-117hr520ih.htm	DOC 117th CONGRESS 1st Session H. R. 520 To provide that an order or action by the President, Secretary of the Interior, or Department of the Interior official imposing a moratorium on coal leasing shall not take effect unless a joint resolution of approval is enacted, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Cheney (for herself, Mr. Fleischmann, Mr. Perry, Mr. Newhouse, Mr. Thompson of Pennsylvania, Mr. Mullin, Mr. McKinley, Mr. Reschenthaler, Mr. Kelly of Pennsylvania, Mr. Meuser, Mr. Mooney, Mr. Allen, Mr. Joyce of Pennsylvania, Mr. Estes, and Mr. Fallon) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To provide that an order or action by the President, Secretary of the Interior, or Department of the Interior official imposing a moratorium on coal leasing shall not take effect unless a joint resolution of approval is enacted, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Coal Leasing Act of 2021''. SEC. 2. CONGRESSIONAL APPROVAL FOR AN ORDER OR ACTION BY THE PRESIDENT, SECRETARY OF THE INTERIOR, OR DEPARTMENT OF THE INTERIOR OFFICIAL IMPOSING A MORATORIUM ON COAL LEASING. Any order or action by the President, Secretary of the Interior, or Department of Interior official with delegated authority that has the effect of placing a moratorium on coal leasing shall have no force or effect unless-- (1) the proposed order or action is submitted to Congress; and (2) a joint resolution that approves the order or action is enacted within 30 legislative days after receipt of such proposed order or action. all
H.R. 521 (Introduced in House) - First Responder Fair Return for Employees on Their Initial Retirement Earned Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr521ih/html/BILLS-117hr521ih.htm	DOC 117th CONGRESS 1st Session H. R. 521 To permit disabled law enforcement officers, customs and border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol Police, members of the Supreme Court Police, employees of the Central Intelligence Agency performing intelligence activities abroad or having specialized security requirements, and diplomatic security special agents of the Department of State to receive retirement benefits in the same manner as if they had not been disabled. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Connolly (for himself, Mr. Langevin, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Intelligence (Permanent Select), and Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To permit disabled law enforcement officers, customs and border protection officers, firefighters, air traffic controllers, nuclear materials couriers, members of the Capitol Police, members of the Supreme Court Police, employees of the Central Intelligence Agency performing intelligence activities abroad or having specialized security requirements, and diplomatic security special agents of the Department of State to receive retirement benefits in the same manner as if they had not been disabled. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``First Responder Fair Return for Employees on Their Initial Retirement Earned Act of 2021'' or the ``First Responder Fair RETIRE Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is in the best national and homeland security interests of the United States for Federal agencies to retain the specialized knowledge and experience of individuals who suffer an injury or illness while serving in a covered position (as defined under the amendments made by this Act); and (2) Federal agencies should ensure, to the greatest extent possible, that an individual who can no longer carry out the duties of a covered position, and is reappointed to a position in the civil service that is not a covered position, is reappointed within the same Federal agency, in the same geographic location, and at a level of pay commensurate to the position which the individual held immediately prior to such injury or illness. SEC. 3. RETIREMENT FOR CERTAIN EMPLOYEES. (a) CSRS.--Section 8336(c) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) In this paragraph-- ``(i) the term `affected individual' means an individual covered under this subchapter who-- ``(I) is performing service in a covered position; ``(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable; ``(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and ``(IV) is appointed to a position in the civil service that-- ``(aa) is not a covered position; and ``(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual; ``(ii) the term `covered position' means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. ``(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334. ``(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days. ``(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual-- ``(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or ``(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8335 if such individual had remained in the former covered position. ``(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B). ``(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.''. (b) FERS.-- (1) In general.--Section 8412(d) of title 5, United States Code, is amended-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by inserting ``(1)'' before ``An employee''; and (C) by adding at the end the following: ``(2)(A) In this paragraph-- ``(i) the term `affected individual' means an individual covered under this chapter who-- ``(I) is performing service in a covered position; ``(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable; ``(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the agency in which the individual was serving when such individual incurred the illness or injury; and ``(IV) is appointed to a position in the civil service that-- ``(aa) is not a covered position; and ``(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual; ``(ii) the term `covered position' means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police. ``(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422. ``(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days. ``(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual-- ``(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or ``(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8425 if such individual had remained in the former covered position. ``(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B). ``(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.''. (2) Technical and conforming amendments.-- (A) Chapter 84 of title 5, United States Code, is amended-- (i) in section 8414(b)(3), by inserting ``(1)'' after ``subsection (d)''; (ii) in section 8415-- (I) in subsection (e), in the matter preceding paragraph (1), by inserting ``(1)'' after ``subsection (d)''; and (II) in subsection (h)(2)(A), by striking ``(d)(2)'' and inserting ``(d)(1)(B)''; (iii) in section 8421(a)(1), by inserting ``(1)'' after ``(d)''; (iv) in section 8421a(b)(4)(B)(ii), by inserting ``(1)'' after ``section 8412(d)''; (v) in section 8425, by inserting ``(1)'' after ``section 8412(d)'' each place it appears; and (vi) in section 8462(c)(3)(B)(ii), by inserting ``(1)'' after ``subsection (d)''. (B) Title VIII of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) is amended-- (i) in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by inserting ``(1)'' after ``or 8412(d)''; and (ii) in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), by inserting ``(1)'' after ``or 8412(d)''. (c) CIA Employees.--Section 302 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2152) is amended by adding at the end the following: ``(d) Employees Disabled on Duty.-- ``(1) Definitions.--In this subsection-- ``(A) the term `affected employee' means an employee of the Agency covered under subchapter II of chapter 84 of title 5, United States Code, who-- ``(i) is performing service in a position designated under subsection (a); ``(ii) while on duty in the position designated under subsection (a), becomes ill or is injured as a direct result of the performance of such duties before the date on which the employee becomes entitled to an annuity under section 233 of this Act or section 8412(d)(1) of title 5, United States Code; ``(iii) because of the illness or injury described in clause (ii), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the Director; and ``(iv) is appointed to a position in the civil service that is not a covered position but is within the Agency; and ``(B) the term `covered position' means a position as-- ``(i) a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code; ``(ii) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code; ``(iii) a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code; ``(iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code; ``(v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; ``(vi) a member of the United States Capitol Police; ``(vii) a member of the Supreme Court Police; ``(viii) an affected employee; or ``(ix) a special agent described in section 804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)). ``(2) Treatment of service after disability.--Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this Act and chapter 84 of title 5, United States Code, including eligibility for an annuity under section 233 of this Act or 8412(d)(1) of title 5, United States Code, and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5, United States Code. ``(3) Break in service.--Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days. ``(4) Limitation on treatment of service.--The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee. ``(5) Opt out.--An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5, United States Code, without regard to paragraph (2).''. (d) Foreign Service Retirement and Disability System.--Section 806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by adding at the end the following: ``(D)(i) In this subparagraph-- ``(I) the term `affected special agent' means an individual covered under this subchapter who-- ``(aa) is performing service as a special agent; ``(bb) while on duty as a special agent, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under section 811; ``(cc) because of the illness or injury described in item (bb), is permanently unable to render useful and efficient service in the employee's covered position, as determined by the Secretary; and ``(dd) is appointed to a position in the Foreign Service that is not a covered position; and ``(II) the term `covered position' means a position as-- ``(aa) a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code; ``(bb) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code; ``(cc) a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code; ``(dd) an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code; ``(ee) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code; ``(ff) a member of the United States Capitol Police; ``(gg) a member of the Supreme Court Police; ``(hh) an employee of the Agency designated under section 302(a) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2152(a)); or ``(ii) a special agent. ``(ii) Unless an affected special agent files an election described in clause (iv), creditable service by the affected special agent in a position described in clause (i)(I)(dd) shall be treated as creditable service as a special agent for purposes of this subchapter, including determining the amount to be deducted and withheld from the pay of the individual under section 805. ``(iii) Clause (ii) shall only apply if the special agent transitions to a position described in clause (i)(I)(dd) without a break in service exceeding 3 days. ``(iv) The service of an affected employee shall no longer be eligible for treatment under clause (ii) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee. ``(v) In accordance with procedures established by the Secretary, an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this subchapter, without regard to clause (ii).''. (e) Implementation.-- (1) Office of personnel management.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out the amendments made by subsections (a) and (b). (2) CIA employees.--The Director of the Central Intelligence Agency shall promulgate regulations to carry out the amendment made by subsection (c). (3) Foreign service retirement and disability system.--The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d). (4) Agency certification.--The regulations promulgated to carry out the amendments made by this Act shall include a requirement that the head of the agency at which an affected employee or special agent (as the case may be) incurred the applicable illness or injury certifies that such illness or injury-- (A) was incurred in the course of the employee's or special agent's duties; and (B) permanently precludes the employee or special agent from rendering useful and efficient service in the covered position but would not preclude the employee or special agent from continuing to serve in the Federal service. (5) Agency reappointment.--The regulations promulgated to carry out the amendments made by this Act shall ensure that, to the greatest extent possible, the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent. (6) Treatment of service.--The regulations promulgated to carry out the amendments made by this Act shall ensure that the creditable service of an affected employee or special agent (as the case may be) that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness or injury. (f) Effective Date; Applicability.--The amendments made by this Act-- (1) shall take effect on the date of enactment of this Act; and (2) shall apply to an individual who suffers an illness or injury described in section 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) of title 5, United States Code, as amended by this section, section 302(d)(1)(A)(ii) of the Central Intelligence Agency Retirement Act, as amended by this section, or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980, as amended by this section, on or after the date that is 2 years after the date of enactment of this Act. all
H.R. 522 (Introduced in House) - Conservation Funding Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr522ih/html/BILLS-117hr522ih.htm	DOC 117th CONGRESS 1st Session H. R. 522 To amend the Outer Continental Shelf Lands Act to require annual lease sales in the Gulf of Mexico region of the outer Continental Shelf, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Crenshaw (for himself, Mr. Scalise, Mr. Pfluger, Mr. Jackson, Mr. Weber of Texas, Mr. Gooden of Texas, Mr. Guest, Mr. Carl, and Mr. Gohmert) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Outer Continental Shelf Lands Act to require annual lease sales in the Gulf of Mexico region of the outer Continental Shelf, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Conservation Funding Protection Act''. SEC. 2. ANNUAL LEASE SALES IN GULF OF MEXICO REGION. Section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) is amended by adding at the end the following: ``(i) Annual Lease Sales in Gulf of Mexico Region.-- ``(1) Definitions.--In this subsection: ``(A) Central gulf of mexico planning area.--The term `Central Gulf of Mexico Planning Area' has the meaning given the term `Central Planning Area' in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). ``(B) Western gulf of mexico planning area.--The term `Western Gulf of Mexico Planning Area' means the Western Gulf of Mexico Planning Area of the outer Continental Shelf, as designated in the document entitled `Draft Proposed Program Outer Continental Shelf Oil and Gas Leasing Program 2007-2012' and dated February 2006. ``(2) Annual lease sales.--Notwithstanding any other provision of law, beginning in fiscal year 2022, the Secretary shall hold a minimum of 2 region-wide lease sales annually in the Gulf of Mexico pursuant to this Act, each of which shall include areas in-- ``(A) the Central Gulf of Mexico Planning Area; and ``(B) the Western Gulf of Mexico Planning Area. ``(3) Requirements.-- ``(A) In general.--In carrying out the lease sales under paragraph (2), the Secretary shall issue leases to the highest responsible qualified bidder or bidders. ``(B) Areas included in lease sales.--In carrying out the lease sales under paragraph (2), the Secretary shall include in each lease sale all unleased areas that are not subject to restrictions as of the date of the lease sale. ``(4) Environmental review.-- ``(A) In general.--With respect to each lease sale required under paragraph (2), the Secretary shall conduct any environmental reviews required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(B) Deadline.-- ``(i) Individual review.--If the Secretary conducts environmental reviews with respect to a lease sale under subparagraph (A) for each individual lease included in the lease sale, the Secretary shall complete all environmental reviews for the lease sale, including by issuing a finding of no significant impact or a record of decision, if applicable, in less than 365 calendar days. ``(ii) Programmatic review.--If the Secretary conducts a programmatic environmental review with respect to a lease sale under subparagraph (A) for all leases under the lease sale, the Secretary shall complete the programmatic environmental review, including by issuing a finding of no significant impact or a record of decision, if applicable, in less than 180 calendar days. ``(j) Permitting.-- ``(1) In general.--Pursuant to sovereign contracting rights and obligations, the Secretary shall review and grant or deny in accordance with paragraph (2) any application for a permit or other approval for offshore oil and natural gas exploration, development, and production activities under a lease issued pursuant to this Act by not later than the earlier of-- ``(A) 75 calendar days after the date on which the application is received by the Bureau of Ocean Energy Management or the Bureau of Safety and Environmental Enforcement; or ``(B) any other applicable deadline required by law. ``(2) Approval or denial.-- ``(A) In general.--Absent clear grounds for denial of an application for a permit or other approval described in paragraph (1), the Secretary shall grant the permit or approval. ``(B) Requirement.--If the Secretary denies an application for a permit or other approval under subparagraph (A), the Secretary shall provide to the applicant written notice explaining the grounds for the denial.''. all
H.R. 523 (Introduced in House) - Community Health Center Mental Health Screening Act	https://www.govinfo.gov/content/pkg/BILLS-117hr523ih/html/BILLS-117hr523ih.htm	DOC 117th CONGRESS 1st Session H. R. 523 To amend title III of the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to Federally qualified health centers for purposes of conducting mental and behavioral health screenings, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Dean (for herself and Ms. Blunt Rochester) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title III of the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants to Federally qualified health centers for purposes of conducting mental and behavioral health screenings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Health Center Mental Health Screening Act''. SEC. 2. GRANTS TO FEDERALLY QUALIFIED HEALTH CENTERS FOR MENTAL AND BEHAVIORAL HEALTH SCREENINGS. Section 330 of the Public Health Service Act (42 U.S.C. 254b) is amended by adding at the end the following new subsection: ``(s) Mental and Behavioral Screening Grants.-- ``(1) In general.--The Secretary of Health and Human Services may award grants to Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act) for purposes of-- ``(A) purchasing equipment and supplies to conduct mental and behavioral health screenings or provide mental health services; ``(B) hiring and training personnel to conduct such mental and behavioral health screenings or provide mental health services; and ``(C) assisting patients with out of pocket costs associated with such mental and behavioral health screenings or mental health services. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection, in addition to any funds authorized to be appropriated or appropriated for health centers under any other subsection of this section, $50,000,000 for each of fiscal years 2022 through 2027.''. all
H.R. 524 (Introduced in House) - Restore America’s Main Street Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr524ih/html/BILLS-117hr524ih.htm	DOC 117th CONGRESS 1st Session H. R. 524 To amend the Internal Revenue Code of 1986 to provide advance tax refunds to small businesses, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Dean (for herself and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide advance tax refunds to small businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore America's Main Street Act of 2021''. SEC. 2. SMALL BUSINESS REBATE. (a) In General.--Subchapter B of chapter 65 of subtitle F of the Internal Revenue Code of 1986 is amended by inserting after section 6428A the following new section: ``SEC. 6428B. SMALL BUSINESS REBATE. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of a qualifying business, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year beginning in 2021 an amount equal to the lesser of-- ``(A) 30 percent of qualified gross receipts of such qualifying business for the first taxable year beginning in 2019, or ``(B) $120,000. ``(2) Special rule.--In the case of a qualifying business or sole proprietorship which was not formed or active in the taxable year described in paragraph (1)(A), such paragraph shall be applied by substituting `2020' for `2019'. ``(3) Qualified gross receipts.--For purposes of paragraph (1)(A), the term `qualified gross receipts' means gross receipts of the qualifying business which are effectively connected with the conduct of a trade or business within the United States (within the meaning of section 864(c), determined by substituting `qualifying business' for `nonresident alien individual or a foreign corporation' or for `foreign corporation' each place it appears) for the applicable taxable year under paragraph (1)(A), as reported by the taxpayer on-- ``(A) in the case of a qualifying business which is a partnership, the return required to be filed under section 6031, ``(B) in the case of a qualifying business which is an S corporation, the return required to be filed under section 6037, and ``(C) in the case of any other qualifying business, the return of tax for the taxable year. ``(b) Qualifying Business.-- ``(1) In general.--For purposes of this section, the term `qualifying business' means any person which-- ``(A) meets the gross receipts test of subsection (c) of section 448 for the applicable taxable year under subsection (a)(1)(A), except that subsection (c) of section 448 shall be applied-- ``(i) without regard to paragraph (4) of such subsection, and ``(ii) by substituting `$1,500,000' for `$25,000,000', and ``(B) with respect to the preceding calendar year, employed an average of not greater than 50 full-time employees (as such term is defined in paragraph (4) of section 4980H(c)) on business days during such calendar year. ``(2) Special rule.--For purposes of paragraph (1)(A), in the case of any taxpayer which is not a corporation or a partnership, the gross receipts test of section 448(c) shall be applied in the same manner as if such taxpayer were a corporation or partnership. ``(3) Full-time equivalents.--For purposes of paragraph (1)(B), the number of full-time employees shall be determined pursuant to rules similar to the rules described in paragraph (2)(E) of section 4980H(c). ``(4) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single person for purposes of paragraph (1)(B). ``(5) Qualified organizations.-- ``(A) Inclusion as qualifying business.-- ``(i) In general.--For purposes of this section, the term `qualifying business' shall include any qualified organization. ``(ii) Definition.--For purposes of this paragraph, the term `qualified organization' means an organization which-- ``(I) is described in section 501(c)(3) and exempt from tax under section 501(a), ``(II) is described in section 170(b)(1)(A), ``(III) is not described in section 509(a)(3), and ``(IV) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1). ``(B) Qualified gross receipts.-- ``(i) In general.--For purposes of subsection (a)(1)(A), in the case of a qualified organization, the term `qualified gross receipts' means gross receipts of the organization for the taxable year described in such subsection. ``(ii) Special rule.--In the case of a qualified organization which did not file a tax return for the taxable year described in subsection (a)(1)(A), such subsection shall be applied by substituting `2020' for `2019'. ``(iii) Organization exempt from filing.-- ``(I) In general.--In the case of an organization which is exempt from filing a return pursuant to section 6033(a) or which is not required to include in such return the information necessary to determine the amount of the credit allowed under this section, such organization may submit to the Secretary (in such form and manner as is deemed appropriate by the Secretary) any information required for purposes of determining-- ``(aa) whether such organization satisfies the requirements under subparagraphs (A) and (B) of paragraph (1), and ``(bb) the amount of the credit allowed under subsection (a)(1). ``(II) Publicity of information.-- For purposes of section 6104, any information submitted by an organization under subclause (I) shall be deemed to be information required to be furnished by such organization pursuant to section 6033. ``(c) Treatment of Credit.--The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1. ``(d) Coordination With Advance Refunds of Credit.--The amount of credit which would (but for this subsection) be allowable under this section shall be reduced (but not below zero) by the aggregate refunds and credits made or allowed to the taxpayer under subsection (e). Any failure to so reduce the credit shall be treated as arising out of a mathematical or clerical error and assessed according to section 6213(b)(1). ``(e) Advance Refunds and Credits.-- ``(1) In general.--Any person which was a qualifying business for such person's last taxable year ending before January 1, 2021, shall be treated as having made a payment against the tax imposed by chapter 1 for such taxable year in an amount equal to the advance refund amount for such taxable year, regardless of whether such tax would have been imposed on such person. ``(2) Advance refund amount.--For purposes of paragraph (1), the advance refund amount is the amount that would have been allowed as a credit under this section for such taxable year if this section (other than subsection (d) and this subsection) had applied to such taxable year. ``(3) Timing of payments.--The Secretary shall, subject to the provisions of this title, refund or credit any overpayment attributable to this section as rapidly as possible. No refund or credit shall be made or allowed under this subsection after December 31, 2021. ``(4) No interest.--No interest shall be allowed on any overpayment attributable to this section.''. (b) Conforming Amendments.-- (1) Definition of deficiency.--Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``6428, and 6428A'' and inserting ``6428, 6428A, and 6428B''. (2) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``6428B,'' after ``6428A,''. (3) The table of sections for subchapter B of chapter 65 of subtitle F of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6428A the following: ``Sec. 6428B. Small business rebate.''. all
H.R. 525 (Introduced in House) - COVID HCBS Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr525ih/html/BILLS-117hr525ih.htm	DOC 117th CONGRESS 1st Session H. R. 525 To provide for an emergency increase in Federal funding to State Medicaid programs for expenditures on home and community-based services. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Dingell (for herself, Ms. Porter, Ms. Moore of Wisconsin, Mr. Deutch, Mr. Michael F. Doyle of Pennsylvania, Ms. Schakowsky, Miss Rice of New York, Ms. Matsui, Ms. Pressley, Mr. Langevin, Ms. Blunt Rochester, Mr. Neguse, Mr. Larson of Connecticut, Ms. DeLauro, Mr. Tonko, and Ms. Kuster) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To provide for an emergency increase in Federal funding to State Medicaid programs for expenditures on home and community-based services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID HCBS Relief Act of 2021''. SEC. 2. ADDITIONAL SUPPORT FOR MEDICAID HOME AND COMMUNITY-BASED SERVICES DURING THE COVID-19 EMERGENCY PERIOD. (a) Increased FMAP.-- (1) In general.--Notwithstanding section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)), in the case of an HCBS program State, the Federal medical assistance percentage determined for the State under section 1905(b) of such Act and, if applicable, increased under subsection (y), (z), or (aa) of section 1905 of such Act (42 U.S.C. 1396d), section 1915(k) of such Act (42 U.S.C. 1396n(k)), or section 6008(a) of the Families First Coronavirus Response Act (Public Law 116-127), shall be increased by 10 percentage points with respect to expenditures of the State under the State Medicaid program for home and community-based services that are provided during the HCBS program improvement period. In no case may the application of the previous sentence result in the Federal medical assistance percentage determined for a State being more than 95 percent. (2) Definitions.--In this section: (A) HCBS program improvement period.--The term ``HCBS program improvement period'' means, with respect to a State, the period-- (i) beginning on October 1, 2020; and (ii) ending on September 30, 2022. (B) HCBS program state.--The term ``HCBS program State'' means a State that meets the condition described in subsection (b) by submitting an application described in such subsection, which is approved by the Secretary pursuant to subsection (c). (C) Home and community-based services.--The term ``home and community-based services'' means home health care services authorized under paragraph (7) of section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)), personal care services authorized under paragraph (24) of such section, behavioral health services authorized under paragraph (13) of such section, PACE services authorized under paragraph (26) of such section, services authorized under subsections (b), (c), (i), (j), and (k) of section 1915 of such Act (42 U.S.C. 1396n), such services authorized under a waiver under section 1115 of such Act (42 U.S.C. 1315), and such other services specified by the Secretary. (b) Condition.--The condition described in this subsection, with respect to a State, is that the State submits an application to the Secretary, at such time and in such manner as specified by the Secretary, that includes, in addition to such other information as the Secretary shall require-- (1) a description of which activities described in subsection (d) that a State plans to implement and a description of how it plans to implement such activities; (2) assurances that the Federal funds attributable to the increase under subsection (a) will be used-- (A) to implement the activities described in subsection (d); and (B) to supplement, and not supplant, the level of State funds expended for home and community-based services for eligible individuals through programs in effect as of the date of the enactment of this section; and (3) assurances that the State will conduct adequate oversight and ensure the validity of such data as may be required by the Secretary. (c) Approval of Application.--Not later than 90 days after the date of submission of an application of a State under subsection (b), the Secretary shall certify if the application is complete. Upon certification that an application of a State is complete, the application shall be deemed to be approved for purposes of this section. (d) Activities To Improve the Delivery of HCBS.-- (1) In general.--A State shall work with community partners, such as Area Agencies on Aging, Centers for Independent Living, nonprofit home and community-based services providers, and other entities providing home and community- based services, to implement-- (A) the purposes described in paragraph (2) during the COVID-19 public health emergency period; and (B) the purposes described in paragraph (3) after the end of such emergency period. (2) Focused areas of hcbs improvement.--The purposes described in this paragraph, with respect to a State, are the following: (A) To increase rates for home health agencies and agencies that employ direct support professionals (including independent providers in a self-directed or consumer-directed model) to provide home and community- based services under the State Medicaid program, provided that any agency or individual that receives payment under such an increased rate increases the compensation it pays its home health workers or direct support professionals. (B) To provide paid sick leave, paid family leave, and paid medical leave for home health workers and direct support professionals. (C) To provide hazard pay, overtime pay, and shift differential pay for home health workers and direct support professionals. (D) To provide home and community-based services to eligible individuals who are on waiting lists for programs approved under sections 1115 or 1915 of the Social Security Act (42 U.S.C. 1315, 1396n). (E) To expand home and community-based services to facilitate reducing the census of nursing facilities, intermediate care facilities, psychiatric facilities, and other institutional or congregate settings so that safety measures can be effectively implemented within these settings. (F) To purchase emergency supplies and equipment, which may include items not typically covered under the Medicaid program, such as personal protective equipment, necessary to enhance access to services and to protect the health and well-being of home health workers and direct support professionals. (G) To pay for the travel of home health workers and direct support professionals to conduct home and community-based services. (H) To recruit new home health workers and direct support professionals. (I) To support family care providers of eligible individuals with needed supplies and equipment, which may include items not typically covered under the Medicaid program, such as personal protective equipment, and pay. (J) To pay for training for home health workers and direct support professionals that is specific to the COVID-19 public health emergency. (K) To pay for assistive technologies, staffing, and other costs incurred during the COVID-19 public health emergency period in order to facilitate community integration and ensure an individual's person-centered service plan continues to be fully implemented. (L) To prepare information and public health and educational materials in accessible formats (including formats accessible to people with low literacy or intellectual disabilities) about prevention, treatment, recovery, and other aspects of COVID-19 for eligible individuals, their families, and the general community served by agencies described in subparagraph (A). (M) To pay for interpreters to assist in providing home and community-based services to eligible individuals and to inform the general public about COVID-19. (N) To allow day services providers to provide home and community-based services. (O) To pay for other expenses deemed appropriate by the Secretary to enhance, expand, or strengthen Home and Community-Based Services, including retainer payments, and expenses which meet the criteria of the home and community-based settings rule published on January 16, 2014. (3) Permissible uses after the emergency period.--The purpose described in this paragraph, with respect to a State, is to assist eligible individuals who had to relocate to a nursing facility or institutional setting from their homes during the COVID-19 public health emergency period in-- (A) moving back to their homes (including by paying for moving costs, first month's rent, and other one- time expenses and start-up costs); (B) resuming home and community-based services; (C) receiving mental health services and necessary rehabilitative service to regain skills lost while relocated during the public health emergency period; and (D) while funds attributable to the increased FMAP under this section remain available, continuing home and community-based services for eligible individuals who were served from a waiting list for such services during the public health emergency period. (e) Reporting Requirements.-- (1) State reporting requirements.--Not later than December 31, 2023, any State with respect to which an application is approved by the Secretary pursuant to subsection (c) shall submit a report to the Secretary that contains the following information: (A) Activities and programs that were funded using Federal funds attributable to such increase. (B) The number of eligible individuals who were served by such activities and programs. (C) The number of eligible individuals who were able to resume home and community-based services as a result of such activities and programs. (2) HHS evaluation.-- (A) In general.--The Secretary shall evaluate the implementation and outcomes of this section in the aggregate using an external evaluator with experience evaluating home and community-based services, disability programs, and older adult programs. (B) Evaluation criteria.--For purposes of subparagraph (A), the external evaluator shall-- (i) document and evaluate changes in access, availability, and quality of home and community-based services in each HCBS program State; (ii) document and evaluate aggregate changes in access, availability, and quality of home and community-based services across all such States; and (iii) evaluate the implementation and outcomes of this section based on-- (I) the impact of this section on increasing funding for home and community-based services; (II) the impact of this section on achieving targeted access, availability, and quality of home and community-based services; and (III) promising practices identified by activities conducted pursuant to subsection (d) that increase access to, availability of, and quality of home and community-based services. (C) Dissemination of evaluation findings.--The Secretary shall-- (i) disseminate the findings from the evaluations conducted under this paragraph to-- (I) all State Medicaid directors; and (II) the Committee on Energy and Commerce of the House of Representatives, the Committee on Finance of the Senate, and the Special Committee on Aging of the Senate; and (ii) make all evaluation findings publicly available in an accessible electronic format and any other accessible format determined appropriate by the Secretary. (D) Oversight.--Each State with respect to which an application is approved by the Secretary pursuant to subsection (c) shall ensure adequate oversight of the expenditure of Federal funds pursuant to such increase in accordance with the Medicaid regulations, including section 1115 and 1915 waiver regulations and special terms and conditions for any relevant waiver or grant program. (3) Non-application of the paperwork reduction act.-- Chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act of 1995''), shall not apply to the provisions of this subsection. (f) Additional Definitions.--In this section: (1) COVID-19 public health emergency period.--The term ``COVID-19 public health emergency period'' means the portion of the emergency period described in paragraph (1)(B) of section 1135(g) of the Social Security Act (42 U.S.C. 1320b- 5(g)) beginning on or after the date of the enactment of this Act. (2) Eligible individual.--The term ``eligible individual'' means an individual who is eligible for or enrolled for medical assistance under a State Medicaid program. (3) Medicaid program.--The term ``Medicaid program'' means, with respect to a State, the State program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver or demonstration under such title or under section 1115 of such Act (42 U.S.C. 1315) relating to such title). (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). all
H.R. 526 (Introduced in House) - Ensuring Coverage in Public Health Emergencies Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr526ih/html/BILLS-117hr526ih.htm	DOC 117th CONGRESS 1st Session H. R. 526 To provide for special enrollment periods during public health emergencies. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Doggett (for himself, Mr. Fitzpatrick, Ms. DeGette, Mr. Brendan F. Boyle of Pennsylvania, Mr. Michael F. Doyle of Pennsylvania, Mr. Beyer, Mr. Blumenauer, Mr. Butterfield, Mr. Cardenas, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Crow, Ms. DeLauro, Mr. Deutch, Mr. Evans, Mr. Hastings, Mrs. Hayes, Ms. Houlahan, Mr. Khanna, Mr. Lieu, Ms. Moore of Wisconsin, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Ms. Omar, Mr. Pocan, Ms. Porter, Mr. Ryan, Ms. Schakowsky, Mr. Schneider, Mr. Trone, Ms. Velazquez, Ms. Wasserman Schultz, Mr. Welch, Ms. Wild, Ms. Spanberger, Ms. Sanchez, Mr. Danny K. Davis of Illinois, and Ms. Ross) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for special enrollment periods during public health emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Coverage in Public Health Emergencies Act of 2021''. SEC. 2. SPECIAL ENROLLMENT PERIODS DURING PUBLIC HEALTH EMERGENCIES. (a) Public Health Service Act.--Title XXVII of the Public Health Service Act (42 U.S.C. 300gg et seq.) is amended-- (1) in section 2702(b)(2) (42 U.S.C. 300gg-1(b)(2)), by inserting ``, which shall include a special enrollment period of 30 days during a public health emergency declared under section 319, which period may be extended for such time as the Secretary may require'' before the period at the end; and (2) in section 2704(f) (42 U.S.C. 300gg-3(f)), by adding at the end the following: ``(4) Public health emergencies.--If the Secretary declares a public health emergency under section 319, a group health plan, and a group health insurance issuer offering group health insurance coverage in connection with a group health plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (b) ERISA.--Section 701(f) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end the following: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan, or a health insurance issuer offering group health insurance coverage in connection with such a plan, shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan or coverage (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan or coverage during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg- 1(b)(2)).''. (c) IRC.--Section 9801(f) of the Internal Revenue Code of 1986 (26 U.S.C. 9801(f)) is amended by adding at the end the following new paragraph: ``(4) Public health emergencies.--If the Secretary of Health and Human Services declares a public health emergency under section 319 of the Public Health Service Act (42 U.S.C. 247d), a group health plan shall permit an employee who is eligible, but not enrolled, for coverage under the terms of the plan (or a dependent of such an employee if the dependent is eligible, but not enrolled, for coverage under such terms) to enroll for coverage under the terms of the plan during the special enrollment period required under section 2702(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-1(b)(2)).''. (d) Rule of Construction.--Nothing in the amendments made by this section shall be construed to prevent a group health plan or health insurance issuer from offering a special enrollment period in addition to any such period required under Federal law. SEC. 3. EFFECTIVE DATE; APPLICATION. The amendments made by this Act shall take effect on the date of enactment of this Act and shall apply with respect to plan years in effect on the date of enactment of this Act, and plan years beginning on or after such date. all
H.R. 527 (Introduced in House) - CFPB Dual Mandate and Economic Analysis Act	https://www.govinfo.gov/content/pkg/BILLS-117hr527ih/html/BILLS-117hr527ih.htm	DOC 117th CONGRESS 1st Session H. R. 527 To amend the Consumer Financial Protection Act of 2010 to update the purpose of the Bureau of Consumer Financial Protection, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Emmer introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To amend the Consumer Financial Protection Act of 2010 to update the purpose of the Bureau of Consumer Financial Protection, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``CFPB Dual Mandate and Economic Analysis Act''. SEC. 2. PURPOSE. Section 1021(a) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5511(a)) is amended-- (1) by striking ``fair, transparent, and competitive'' and inserting: ``fair and transparent''; and (2) by adding at the end the following: ``In addition, the Bureau shall seek to implement and, where applicable, enforce Federal consumer financial law consistently for the purpose of strengthening private sector participation in markets, without Government interference or subsidies, to increase competition and enhance consumer choice.''. SEC. 3. OFFICE OF ECONOMIC ANALYSIS. (a) In General.--Section 1013 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5493) is amended by adding at the end the following: ``(i) Office of Economic Analysis.-- ``(1) Establishment.--The Director shall establish an Office of Economic Analysis. ``(2) Review and assessment of proposed guidance, orders, rules and regulations.--The Office of Economic Analysis shall-- ``(A) review all proposed guidance, orders, rules and regulations of the Bureau; ``(B) assess the impact of such guidance, orders, rules and regulations on consumer choice, price, and access to credit products; and ``(C) publish a report on such reviews and assessments in the Federal Register. ``(3) Measuring existing rules, regulations, guidance, and orders.--The Office of Economic Analysis shall-- ``(A) review each rule, regulation, guidance, and order issued by the Bureau after 1, 2, 5, and 10 years; ``(B) measure the rule, regulation, guidance, or order's success in solving the problem that the rule, regulation, guidance, or order was intended to solve when issued; and ``(C) publish a report on such review and measurement in the Federal Register.''. (b) Consideration of Review and Assessment; Rulemaking Requirements.--Section 1022(b) of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5512(b)) is amended by adding at the end the following: ``(5) Consideration of review and assessment by the office of economic analysis.-- ``(A) In general.--Before issuing any guidance, order, rule, or regulation, the Director shall consider the review and assessment of such guidance, order, rule, or regulation carried out by the Office of Economic Analysis. ``(B) Notice of disagreement.--If the Director disagrees with any part of a review and assessment described under subparagraph (A) with respect to any guidance, order, rule, or regulation, the Director shall accompany any such guidance, order, rule, or regulation with a statement explaining why the Director so disagrees. ``(6) Identification of problems and metrics for judging success.-- ``(A) In general.--The Director shall, in each proposed rulemaking of the Bureau-- ``(i) identify the problem that the particular rule or regulations is seeking to solve; and ``(ii) specify the metrics by which the Bureau will measure the success of the rule or regulation in solving such problem. ``(B) Required metrics.--The metrics specified under subparagraph (A)(ii) shall include a measurement of changes to consumer access to, and cost of, consumer financial products and services.''. all
H.R. 528 (Introduced in House) - Financial Stability Oversight Council Reform Act	https://www.govinfo.gov/content/pkg/BILLS-117hr528ih/html/BILLS-117hr528ih.htm	DOC 117th CONGRESS 1st Session H. R. 528 To place the Financial Stability Oversight Council and the Office of Financial Research under the regular appropriations process, to provide for certain quarterly reporting and public notice and comment requirements for the Office of Financial Research, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Emmer introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To place the Financial Stability Oversight Council and the Office of Financial Research under the regular appropriations process, to provide for certain quarterly reporting and public notice and comment requirements for the Office of Financial Research, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Stability Oversight Council Reform Act''. SEC. 2. FUNDING. (a) In General.--Section 155 of the Financial Stability Act of 2010 (12 U.S.C. 5345) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``be immediately available to the Office'' and inserting ``be available to the Office, as provided for in appropriation Acts''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); and (2) in subsection (d), by amending the heading to read as follows: ``Assessment Schedule.--''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2021. SEC. 3. QUARTERLY REPORTING. Section 153 of the Financial Stability Act of 2010 (12 U.S.C. 5343) is amended by adding at the end the following: ``(g) Quarterly Reporting.-- ``(1) In general.--Not later than 60 days after the end of each quarter, the Office shall submit reports on the Office's activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(2) Contents.--The reports required under paragraph (1) shall include-- ``(A) the obligations made during the previous quarter by object class, office, and activity; ``(B) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; ``(C) the number of full-time equivalents within the Office during the previous quarter; ``(D) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and ``(E) actions taken to achieve the goals, objectives, and performance measures of the Office. ``(3) Testimony.--At the request of any committee specified under paragraph (1), the Office shall make officials available to testify on the contents of the reports required under paragraph (1).''. SEC. 4. PUBLIC NOTICE AND COMMENT PERIOD. Section 153(c) of the Financial Stability Act of 2010 (12 U.S.C. 5343(c)) is amended by adding at the end the following: ``(3) Public notice and comment period.--The Office shall provide for a public notice and comment period of not less than 90 days before issuing any proposed report, rule, or regulation. ``(4) Additional report requirements.-- ``(A) In general.--Except as provided under paragraph (3), the requirements under section 553 of title 5, United States Code, shall apply to a proposed report of the Office to the same extent as such requirements apply to a proposed rule of the Office. ``(B) Exception for certain reports.--This paragraph and paragraph (3) shall not apply to a report required under subsection (g)(1) or section 154(d)(1).''. SEC. 5. ADDITIONAL DUTIES OF THE OFFICE OF FINANCIAL RESEARCH. Section 153 of the Financial Stability Act of 2010 (12 U.S.C. 5343), as amended by section 3, is further amended by adding at the end the following new subsection: ``(h) Additional Duties.-- ``(1) Annual work plan.-- ``(A) In general.--The Director shall, after a period of 60 days for public notice and comment, annually publish a detailed work plan concerning the priorities of the Office for the upcoming fiscal year. ``(B) Requirements.--The work plan shall include the following: ``(i) A unique alphanumeric identifier and detailed description of any report, study, working paper, grant, guidance, data collection, or request for information that is expected to be in progress during, or scheduled to begin in, the upcoming fiscal year. ``(ii) For each item listed under clause (i), a target date for any significant actions related to such item, including the target date-- ``(I) for the release of a report, study, or working paper; ``(II) for, and topics of, a meeting of a working paper group and each solicitation of applications for grants; and ``(III) for the issuance of guidance, data collections, or requests for information. ``(iii) A list of all technical and professional advisory committees that is expected to be convened in the upcoming fiscal year pursuant to section 152(h). ``(iv) The name and professional affiliations of each individual who served during the previous fiscal year as an academic or professional fellow pursuant to section 152(i). ``(v) A detailed description of the progress made by primary financial regulatory agencies in adopting a unique alphanumeric system to identify legally distinct entities that engage in financial transactions (commonly known as a `Legal Entity Identifier'), including a list of regulations requiring the use of such a system and actions taken to ensure the adoption of such a system by primary financial regulatory agencies. ``(2) Public reports.-- ``(A) Consultation.--In preparing any public report with respect to a specified entity, class of entities, or financial product or service, the Director shall consult with any Federal department or agency with expertise in regulating the entity, class of entities, or financial product or service. ``(B) Report requirements.--A public report described in subparagraph (A) shall include-- ``(i) an explanation of any changes made as a result of a consultation under this subparagraph and, with respect to any changes suggested in such consultation that were not made, the reasons that the Director did not incorporate such changes; and ``(ii) information on the date, time, and nature of such consultation. ``(C) Notice and comment.--Before issuing any public report described in subparagraph (A), the Director shall provide a period of 90 days for public notice and comment on the report. ``(3) Cybersecurity plan.-- ``(A) In general.--The Office shall develop and implement a cybersecurity plan that uses appropriate safeguards that are adequate to protect the integrity and confidentiality of the data in the possession of the Office. ``(B) GAO review.--The Comptroller General of the United States shall annually audit the cybersecurity plan and its implementation described in subparagraph (A).''. all
H.R. 529 (Introduced in House) - Protecting Sensitive Locations Act	https://www.govinfo.gov/content/pkg/BILLS-117hr529ih/html/BILLS-117hr529ih.htm	DOC 117th CONGRESS 1st Session H. R. 529 To amend section 287 of the Immigration and Nationality Act to limit immigration enforcement actions at sensitive locations, to clarify the powers of immigration officers at sensitive locations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Espaillat (for himself, Mr. Beyer, Ms. Bonamici, Mr. Garcia of Illinois, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend section 287 of the Immigration and Nationality Act to limit immigration enforcement actions at sensitive locations, to clarify the powers of immigration officers at sensitive locations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Sensitive Locations Act''. SEC. 2. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES AT SENSITIVE LOCATIONS. Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at the end the following: ``(i)(1) In order to ensure individuals' access to sensitive locations, this subsection shall apply to any enforcement action by-- ``(A) officers or agents of the Department of Homeland Security, including officers and agents of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection; and ``(B) any individual designated to perform immigration enforcement functions pursuant to subsection (g). ``(2)(A) An enforcement action may not take place at, be focused on, or occur within, 1,000 feet of, a sensitive location, except-- ``(i) under exigent circumstances; and ``(ii) if prior approval is obtained. ``(B) If an enforcement action is taking place under exigent circumstances, and the exigent circumstances permitting the enforcement action cease, the enforcement action shall be discontinued until such exigent circumstances reemerge. ``(3)(A) When proceeding with an enforcement action at or near a sensitive location, individuals referred to in subparagraphs (A) and (B) of paragraph (1) shall make every effort-- ``(i) to conduct themselves as discreetly as possible, consistent with officer and public safety; ``(ii) to limit the time spent at the sensitive location; and ``(iii) to limit the enforcement action to the person or persons for whom prior approval was obtained. ``(B) If, in the course of an enforcement action that is not initiated at or focused on a sensitive location, individuals referred to in subparagraphs (A) and (B) of paragraph (1) are led to or near a sensitive location, and no exigent circumstance and prior approval with respect to the sensitive location exists, such individuals shall-- ``(i) cease before taking any further enforcement action; ``(ii) conduct themselves in a discreet manner; ``(iii) maintain surveillance; and ``(iv) immediately consult their supervisor in order to determine whether such enforcement action should be discontinued. ``(C) This section shall not apply to the transportation of an individual apprehended at or near a land or sea border to a hospital or health care provider for the purpose of providing such individual medical care. ``(4) If an enforcement action is carried out in violation of this subsection-- ``(A) no information resulting from the enforcement action may be entered into the record or received into evidence in a removal proceeding resulting from the enforcement action; and ``(B) the alien who is the subject of such removal proceeding may file a motion for the immediate termination of the removal proceeding. ``(5)(A) Each official specified in subparagraph (B) shall ensure that the employees under the supervision of such official receive annual training in compliance with the requirements of this subsection and section 239 of this Act and section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1367). ``(B) The officials specified in this subparagraph are the following: ``(i) The Chief Counsel of U.S. Immigration and Customs Enforcement. ``(ii) The Field Office Directors of U.S. Immigration and Customs Enforcement. ``(iii) Each Special Agent in Charge of U.S. Immigration and Customs Enforcement. ``(iv) Each Chief Patrol Agent of U.S. Customs and Border Protection. ``(v) The Director of Field Operations of U.S. Customs and Border Protection. ``(vi) The Director of Air and Marine Operations of U.S. Customs and Border Protection. ``(vii) The Internal Affairs Special Agent in Charge of U.S. Customs and Border Protection. ``(6)(A) The Director of U.S. Immigration and Customs Enforcement and the Commissioner of U.S. Customs and Border Protection shall each submit to the appropriate committees of Congress each year a report on the enforcement actions undertaken by U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection, respectively, during the preceding year that were covered by this subsection. ``(B) Each report on an agency for a year under this paragraph shall set forth the following: ``(i) The number of enforcement actions at or focused on a sensitive location. ``(ii) The number of enforcement actions where officers or agents were subsequently led to or near a sensitive location. ``(iii) The date, site, State, and local political subdivision (such as city, town, or county) in which each enforcement action covered by clause (i) or (ii) occurred. ``(iv) The component of the agency responsible for each such enforcement action. ``(v) A description of the intended target of each such enforcement action. ``(vi) The number of individuals, if any, arrested or taken into custody through each such enforcement action. ``(vii) The number of collateral arrests, if any, from each such enforcement action and the reasons for each such arrest. ``(viii) A certification of whether the location administrator was contacted prior to, during, or after each such enforcement action. ``(7) In this subsection: ``(A) The term `appropriate committees of Congress' means-- ``(i) the Committee on Homeland Security and Governmental Affairs of the Senate; ``(ii) the Committee on the Judiciary of the Senate; ``(iii) the Committee on Homeland Security of the House of Representatives; ``(iv) the Committee on the Judiciary of the House of Representatives; ``(v) the Committee on Appropriations of the House of Representatives; and ``(vi) the Committee on Appropriations of the Senate. ``(B) The term `early childhood education program' has the meaning given the term under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ``(C) The term `enforcement action' means an arrest, interview, search, or surveillance for the purposes of immigration enforcement, and includes an enforcement action at, or focused on, a sensitive location that is part of a joint case led by another law enforcement agency. ``(D) The term `exigent circumstances' means a situation involving the following: ``(i) The imminent risk of death, violence, or physical harm to any person, including a situation implicating terrorism or the national security of the United States in some other manner. ``(ii) The immediate arrest or pursuit of a dangerous felon, terrorist suspect, or other individual presenting an imminent danger or public safety risk. ``(iii) The imminent risk of destruction of evidence that is material to an ongoing criminal case. ``(E) The term `prior approval' means the following: ``(i) In the case of officers and agents of U.S. Immigration and Customs Enforcement, prior written approval for a specific, targeted operation from one of the following officials: ``(I) The Assistant Director of Operations, Homeland Security Investigations. ``(II) The Executive Associate Director of Homeland Security Investigations. ``(III) The Assistant Director for Field Operations, Enforcement, and Removal Operations. ``(IV) The Executive Associate Director for Field Operations, Enforcement, and Removal Operations. ``(ii) In the case of officers and agents of U.S. Customs and Border Protection, prior written approval for a specific, targeted operation from one of the following officials: ``(I) A Chief Patrol Agent. ``(II) The Director of Field Operations. ``(III) The Director of Air and Marine Operations. ``(IV) The Internal Affairs Special Agent in Charge. ``(F) The term `sensitive location' includes all of the physical space located within 1,000 feet of the following: ``(i) Any medical treatment or health care facility, including any hospital, doctor's office, accredited health clinic, or emergent or urgent care facility, or community health center. ``(ii) Public and private schools (including pre- schools, primary schools, secondary schools, and postsecondary schools (including colleges and universities)), sites of early childhood education programs, other institutions of learning, such as vocational or trade schools, and other sites where individuals who are unemployed or underemployed may apply for or receive workforce training. ``(iii) Any scholastic or education-related activity or event, including field trips and interscholastic events. ``(iv) Any school bus or school bus stop during periods when school children are present on the bus or at the stop. ``(v) Locations where emergency services providers provide shelter or food. ``(vi) Locations of any organization that-- ``(I) assists children, pregnant women, victims of crime or abuse, or individuals with significant mental or physical disabilities, including domestic violence shelters, rape crisis centers, supervised visitation centers, family justice centers, and victims services providers; or ``(II) provides disaster or emergency social services and assistance, or services for individuals experiencing homelessness, including, food banks and shelters. ``(vii) Churches, synagogues, mosques, and other places of worship, such as buildings rented for the purpose of religious services. ``(viii) Sites of funerals, weddings, or other public religious ceremonies. ``(ix) Sites during the occurrence of a public demonstration, such as a march, rally, or parade. ``(x) Any Federal, State, or local courthouse, including the office of an individual's legal counsel or representative, and a probation office. ``(xi) Congressional district offices. ``(xii) Public assistance offices, including locations where individuals may apply for or receive unemployment compensation or report violations of labor and employment laws. ``(xiii) Social Security offices. ``(xiv) Indoor and outdoor premises of departments of motor vehicles. ``(xv) Such other locations as the Secretary of Homeland Security shall specify for purposes of this subsection.''. all
H.R. 52 (Introduced in House) - Space Research Innovation Act	https://www.govinfo.gov/content/pkg/BILLS-117hr52ih/html/BILLS-117hr52ih.htm	DOC 117th CONGRESS 1st Session H. R. 52 To allow the Administrator of the National Aeronautics and Space Administration to establish a research center for deep space and interplanetary research, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Science, Space, and Technology _______________________________________________________________________ A BILL To allow the Administrator of the National Aeronautics and Space Administration to establish a research center for deep space and interplanetary research, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Research Innovation Act''. SEC. 2. RESEARCH CENTER FOR DEEP-SPACE AND INTERPLANETARY RESEARCH. (a) In General.--The Administrator of the National Aeronautics and Space Administration, using the authority under section 2304(c)(3)(B) of title 10, United States Code, shall-- (1) establish a university-affiliated research center to facilitate capabilities in support of the National Aeronautics and Space Administration; (2) use such a university-affiliated research center to fund analyses and engineering support related to cis-lunar and deep-space missions and interplanetary research; and (3) ensure such a university-affiliated research center-- (A) is held accountable for the technical quality of the work product developed under this section; and (B) has established expertise in convening academic and private sector groups to facilitate research and private-public partnerships. (b) Policies and Procedures.--The Administrator shall develop and implement policies and procedures to govern, with respect to the establishment of the university-affiliated research center under subsection (a)-- (1) the selection of participants; (2) the award of cooperative agreements or other contracts; (3) the appropriate use of competitive awards and sole source awards; and (4) the technical capabilities required. (c) Eligibility.--The following entities shall be eligible to participate in a university-affiliated research center established under subsection (a)-- (1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); (2) an operator of a federally funded research and development center; and (3) a nonprofit or not-for-profit research institution. all
H.R. 530 (Introduced in House) - Reunite Every Unaccompanied Newborn Infant, Toddler and other children Expeditiously Act	https://www.govinfo.gov/content/pkg/BILLS-117hr530ih/html/BILLS-117hr530ih.htm	DOC 117th CONGRESS 1st Session H. R. 530 To reunite families separated at or near ports of entry, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Espaillat (for himself, Mr. Beyer, Ms. Bonamici, Mr. Garcia of Illinois, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To reunite families separated at or near ports of entry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reunite Every Unaccompanied Newborn Infant, Toddler and other children Expeditiously Act'' or the ``REUNITE Act''. SEC. 2. DEFINITIONS. In this Act: (1) Apprehended parent or legal guardian.--The term ``apprehended parent or legal guardian'' means an alien who-- (A) is 18 years of age or older; (B) is the parent or legal guardian of an alien child; and (C) was apprehended by DHS, the Department of Justice, or any other entity authorized to enforce section 275 of the Immigration and Nationality Act (8 U.S.C. 1325). (2) Border.--The term ``border'' means an international border of the United States. (3) Child.--The term ``child'' means an alien who-- (A) has not reached 18 years of age; and (B) has no permanent immigration status in the United States. (4) DHS.--The term ``DHS'' means the Department of Homeland Security. (5) HHS.--The term ``HHS'' means the Department of Health and Human Services. SEC. 3. REUNIFICATION OF SEPARATED FAMILIES. (a) Rulemaking.-- (1) Rule.--Not later than 10 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Health and Human Services, after immediate consultation with humanitarian organizations, child welfare organizations, State child welfare agencies, and States contiguous with the border with Mexico, shall promulgate and publish a rule through a direct final rule that specifically describes the coordinated efforts that DHS and HHS will undertake to aid an apprehended parent or legal guardian in locating and reuniting with any children separated from them at or near the port of entry, or within 100 miles of the border, pursuant to applicable law. (2) Development; services; publication.--The rule promulgated pursuant to paragraph (1) shall-- (A) be developed to protect the best interests of affected children; (B) describe all pro bono or government-funded services, including immigration services, available for apprehended parents and legal guardians or affected children; and (C) be made publicly available in writing and on the websites of DHS and HHS. (b) Coverage of Joint Rule.--The rule published pursuant to subsection (a) shall outline the coordinated efforts of DHS and HHS, including efforts-- (1) to develop and conduct family tracing procedures, in cooperation with nongovernmental experts in child welfare best practices; (2) to maintain a functional, accessible, frequent, and no- cost means for apprehended parents and legal guardians to contact their child through a telephone hotline or visual conferencing-- (A) to obtain daily-updated information about the location of their child and all scheduled immigration proceedings for their child; and (B) to set up opportunities to speak with their child not fewer than 3 times per week, including at least once by video; (3) to facilitate substantial daily access of nongovernmental case workers, child advocates, and legal counsel to children separated from their apprehended parents and legal guardians to represent these children's best interests in custody decisions and immigration proceedings; (4) to provide for humanitarian organizations and State and local child welfare agencies in the jurisdictions in which the children are located to conduct unannounced, independent weekly inspections of all DHS and HHS facilities at which children who are separated from their apprehended parents or legal guardians are in custody; (5) to coordinate with the Department of State and embassies and consulates of foreign governments to locate apprehended parents and legal guardians of children who have departed from the United States; (6) to provide clear notice to apprehended parents and legal guardians of their legal rights, including-- (A) their parental and guardianship rights with respect to their child who has been designated as an unaccompanied alien child; and (B) their right to designate another parent, legal guardian, or other qualified adult custodian to sponsor and care for such child; (7) to facilitate information sharing by apprehended parents and legal guardians about any arrangements to depart the United States with their consulate, their child, their child's case worker, legal counsel, child advocate, and other adult custodians in advance of their departure; (8) to provide apprehended parents and legal guardians with order of deportation or removal access to nongovernmental organizations providing assistance with locating and reunifying with their child; (9) to provide cost-free transportation of children separated from their apprehended parents or legal guardians to reunite with them or another parent, legal guardian, or other qualified adult custodian to which the children consent; (10) to establish a recordkeeping system that will maintain information to aid the reunification of every child separated from an apprehended parent or legal guardian; (11) to provide free telephone calls between apprehended parents or legal guardians and their child; (12) to provide legal counsel to children separated from their apprehended parents or legal guardians and to ensure that every such child is represented by a licensed attorney; and (13) to otherwise assist with the reunification of separated families. (c) Written Notification.--Shortly after the rule is published pursuant to subsection (a), the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall provide each apprehended parent or legal guardian who has been separated from his or her child written notice, in English, Spanish, or another language understandable by the parent or legal guardian, upon request, of any rules or guidance that may assist them in their efforts to locate and reunify with their child. (d) Reunification Required.--DHS and HHS shall ensure immediate reunification of children that remain separated from their apprehended parent or legal guardian. (e) Other Requirements.--DHS and HHS shall-- (1) issue a privacy impact assessment related to the use of DNA testing under section 4; and (2) establish a process for redressing violations of the requirements under this section. (f) Exemptions.--DHS and HHS may not reunite an apprehended parent or legal guardian with their child under this section if-- (1) the child has been determined to be a victim of trafficking, or is at significant risk of becoming a victim of trafficking, by that apprehended parent or legal guardian, as determined by a Chief Border Patrol Agent or Customs and Border Protection Area Port Director in their official and undelegated capacity; (2) the child appears to be in danger of abuse or neglect at the hands of the apprehended parent or legal guardian; (3) the child is a danger to himself, herself, or others, as determined by a State court or an official from a State or county child welfare agency in his or her official and undelegated capacity; or (4) there is a strong likelihood that the adult is not the apprehended parent or legal guardian of the child. SEC. 4. DNA TESTING. (a) Use of Other Techniques.--Before utilizing DNA testing to determine family relationships, DHS and HHS shall use other techniques commonly utilized by United States courts for determining family relationships, including official documents, representations from a witness, parent, relative, or child, and observations of interactions between the adult and the child. (b) DNA Testing.-- (1) In general.--DNA testing may not be required as a condition of reunification if alternative means of demonstrating a familial relationship have been established. If reasonable suspicions remain about a familial relationship after exhausting the techniques referred to in subsection (a), DNA testing may be used. (2) Protocols.--DHS and HHS shall develop protocols for establishing a familial relationship if an individual does not want to consent to DNA testing or may not have a biological relationship with a child. (3) Type of test.--Whenever DNA testing is used, DHS and HHS shall use the least privacy-invasive type of DNA test available to confirm the claimed relationship and may not charge the child or apprehended parent or legal guardian for the costs of conducting such testing. (4) Consent.--DHS and HHS shall-- (A) obtain the consent of any individual older than 18 years of age before conducting a DNA test; (B) make every effort to obtain the consent of a legal guardian before conducting a DNA test on anyone younger than 18 years of age; and (C) destroy DNA samples as soon as possible and not later than 7 days after completing the required DNA matching tests to minimize any potential misuse of genetic information collected under this subsection. (c) Protection of Information.-- (1) In general.--If DNA testing is used for the purposes of reunification, DHS and HHS shall ensure the protection of privacy, genetic data, and personal information of children, parents, all individuals being tested, and their relatives. (2) Other uses prohibited.--DHS, HHS, and private entities may only access, use, or store any personal DNA information collected under this subsection for family reunification purposes and are prohibited from sharing any such information with Federal agencies other than those carrying out the reunification process. Information collected under this section may not be used by the Federal Government for any other purpose, including criminal or immigration enforcement. (d) DNA Match.-- (1) Reunification.--As soon as a DNA match is identified, DHS and HHS shall reunite family members as expeditiously as possible. (2) No match; no consent.--A refusal to consent to a DNA test or the failure to identify a match between a child and an apprehended parent may not be used as a basis for concluding that there is no familial relationship between such child and such parent if-- (A) the familial relationship is not biological; or (B) the familial relationship may be established through alternative means. SEC. 5. ENHANCED PROTECTIONS FOR SEPARATE FAMILIES. (a) In General.--The Secretary of Homeland Security shall establish secure alternative programs that incorporate case management services in each field office of DHS to ensure appearances at immigration proceedings and public safety. (b) Alternatives to Detention.-- (1) Contract authority.--The Secretary of Homeland Security shall contract with nongovernmental, community-based organizations to conduct screening of detainees, provide appearance assistance services, and operate community-based supervision programs. Secure alternatives shall offer a continuum of supervision mechanisms and options, including community support, depending on an assessment of each individual's circumstances. The Secretary may contract with nongovernmental organizations to implement secure alternatives that maintain custody over the alien. (2) Eligibility determination.-- (A) Release.--The Secretary of Homeland Security shall release each apprehended parent or legal guardian on recognizance, parole, or bond, or permit such parent or legal guardian to participate in an alternative to detention program, such as the Family Case Management Program authorized under subsection (c), unless the Secretary demonstrates that such participation would create a substantial risk that the apprehended parent or legal guardian is likely to cause harm to himself, herself, or others. (B) Burden of proof.--In order to demonstrate that continued detention is necessary, the Secretary shall produce clear and convincing evidence of risk factors, including credible and individualized information. (C) Appeal.--Not later than 72 hours after the Secretary determines that an apprehended parent or legal guardian is ineligible for an alternative to detention program under this subsection, the parent or legal guardian shall be provided with an opportunity to appeal such determination in a hearing before an immigration judge. (c) Restoration of the Family Case Management Program.-- (1) In general.--Not later than 7 days after the date of the enactment of this Act, the Secretary of Homeland Security shall restore the Family Case Management Program, which shall provide community supervision and community support services, including case management services, appearance services, and screening of aliens who have been detained, to be run through a contract with a not-for-profit entity. (2) Contract.--Any contract for programming or services described in paragraph (1) shall be awarded to a not-for-profit organization with demonstrated expertise in meeting the areas specified in paragraph (1). (d) Unaccompanied Alien Child Designation.--The Secretary of Homeland Security shall treat a child who has been separated from an apprehended parent or legal guardian and has been designated as an unaccompanied alien child for the duration of his or her immigration proceedings. (e) Automatic Stay of Removal of Apprehended Parents and Legal Guardians During Child's Immigration Proceedings.--Until the earlier of the date on which the child's immigration proceedings are concluded or the date on which the child reaches 18 years of age, the Secretary of Homeland Security may not remove an apprehended parent or legal guardian of such child from the United States unless the apprehended parent or legal guardian, after being afforded the opportunity for legal consultation, agrees to removal. SEC. 6. CONFIDENTIALITY. (a) In General.--Except as provided in subsection (b), the Secretary of Homeland Security may not use information obtained or recorded pursuant to this Act to assist in immigration enforcement actions taken against any sponsor, potential sponsor, custodian, potential custodian, or household member of a child or apprehended parent or legal guardian. (b) Exception.--Subsection (a) does not apply to the use of information described in that subsection about a particular sponsor, potential sponsor, custodian, potential custodian, or household member for purposes of a law enforcement investigation related to-- (1) forced labor or human trafficking under section 1589, 1590, or 1591 of title 18, United States Code; or (2) child exploitation under section 2251, 2251A, 2252, or 2252A of title 18, United States Code. SEC. 7. ESTABLISHMENT OF OFFICE FOR LOCATING AND REUNITING CHILDREN WITH APPREHENDED PARENTS OR LEGAL GUARDIANS. (a) In General.--The Secretary of Homeland Security, the Attorney General, and the Secretary of Health and Human Services (referred to collectively in this section as the ``Secretaries'') shall jointly establish an interagency office, which shall be known as the ``Office for Locating and Reuniting Children with Parents'' (referred to in this section as the ``Office'') and shall be responsible for expediting and facilitating the reunification of children and apprehended parents or legal guardians after entering the United States. (b) Duties.--The Office shall-- (1) expeditiously implement guidance designated for its jurisdiction; (2) establish 24-hour priority data and information communication networks between HHS, DHS, and the Department of Justice; and (3) identify and immediately inform Congress if the Office determines that insufficient appropriations, or any other statutory or regulatory condition hinders the safe and timely reunion of separated children with their apprehended parents or legal guardians. (c) Report.--The Office shall submit a weekly report to Congress that includes-- (1) the number and location of children in the physical custody of DHS or HHS who have been separated from an apprehended parent or legal guardian; (2) the number of such children who have been physically reunified with their apprehended parent or legal guardian; (3) the physical location of apprehended parents and legal guardians who have yet to be reunited with their child, including the apprehended parents and legal guardians who have been deported without their child; (4) the number of such children who have not yet been physically reunited with their apprehended parent or legal guardian; and (5) an outline of the progress made in implementing the rule published pursuant to section 3(a). SEC. 8. SAVINGS PROVISIONS. (a) Federal Law.--Nothing in this Act may be construed to supersede or modify-- (1) the William Wilberforce Trafficking Victims Protection Act of 2008 (8 U.S.C. 1232 et seq.); (2) the Stipulated Settlement Agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''); (3) the Homeland Security Act of 2002 (Public Law 107-296); or (4) any applicable Federal child welfare law, including the Adoption and Safe Families Act of 1997 (Public Law 105-89). (b) State Law.--Nothing in this Act may be construed to supersede or modify any applicable State child welfare laws. SEC. 9. REALLOCATION OF DHS APPROPRIATIONS. (a) In General.--Of the amount allocated to Immigration and Customs Enforcement for fiscal year 2021 for enforcement, detention, and removal operations, $50,000,000 shall be reallocated to carry out sections 3 and 5(a). (b) Reunification.--Not less than $15,000,000 of the amount reallocated under subsection (a) shall be made available to carry out section 3. SEC. 10. COUNSEL FOR CHILDREN AND VULNERABLE ALIENS. (a) Clarification Regarding the Authority of the Attorney General To Appoint Counsel to Aliens in Immigration Proceedings.--Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended-- (1) by striking ``In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings,'' and inserting the following: ``(a) In General.--In a proceeding conducted under any section of this Act,''; (2) in subsection (a), as amended by paragraph (1)-- (A) by striking ``(at no expense to the Government)''; and (B) by striking ``he shall'' and inserting ``the person shall''; and (3) by adding at the end the following: ``(b) Access to Counsel.--The Attorney General may appoint or provide counsel to aliens in any proceeding conducted under any section of this Act. The Secretary of Homeland Security shall ensure that-- ``(1) aliens have access to counsel inside all immigration detention and border facilities; ``(2) children do not appear before an immigration judge without counsel; and ``(3) children have their cases heard individually.''. (b) Appointment of Counsel for Children and Vulnerable Aliens.-- (1) In general.--Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362), as amended by subsection (a), is further amended by adding at the end the following: ``(c) Children and Vulnerable Aliens.--Notwithstanding subsection (b), the Attorney General shall appoint counsel, at the expense of the Government if necessary, at the beginning of the proceedings or as expeditiously as possible, to represent in such proceedings any alien who has been determined by the Secretary of Homeland Security or the Attorney General to be-- ``(1) a child (as defined in section 101(b)(1)); ``(2) a particularly vulnerable individual, such as-- ``(A) a person with a disability; or ``(B) a victim of abuse, torture, or violence; or ``(3) an individual whose circumstances are such that the appointment of counsel is necessary to help ensure fair resolution and efficient adjudication of the proceedings. ``(d) Extension to Consolidated Cases.--If the Attorney General has consolidated the case of any alien for whom counsel was appointed under subsection (c) with that of any other alien, and that other alien does not have counsel, then the counsel appointed under subsection (c) shall be appointed to represent such other alien. ``(e) Authorization of Appropriations.--There is authorized to be appropriated to the Executive Office of Immigration Review of the Department of Justice such sums as may be necessary to carry out this section.''. (2) Rulemaking.--The Attorney General shall promulgate regulations to implement section 292(c) of the Immigration and Nationality Act, as added by paragraph (1), in accordance with the requirements set forth in section 3006A of title 18, United States Code. SEC. 11. ESTABLISHMENT OF LIMIT ON BOND. Section 236(a) of the Immigration and Nationality Act (8 U.S.C. 1226(a)) is amended-- (1) in paragraph (2)(A), by striking ``bond of at least $1,500'' and inserting ``subject to paragraph (4), bond in an amount that is not more than $1,500''; and (2) by adding at the end the following: ``(4) The limit on the amount of bond in paragraph (2)(A) shall not apply with respect to an alien who has committed an aggravated felony.''. all
H.R. 531 (Introduced in House) - ICE and CBP Body Camera Accountability Act	https://www.govinfo.gov/content/pkg/BILLS-117hr531ih/html/BILLS-117hr531ih.htm	DOC 117th CONGRESS 1st Session H. R. 531 To require agents and officers of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to wear body cameras, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Espaillat (for himself, Mr. Beyer, Ms. Bonamici, Mr. Garcia of Illinois, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require agents and officers of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection to wear body cameras, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``ICE and CBP Body Camera Accountability Act''. SEC. 2. USE OF BODY CAMERAS BY AGENTS AND OFFICERS OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT AND U.S. CUSTOMS AND BORDER PROTECTION. (a) In General.--Not later than the date that the rule under subsection (e) is finalized, the Director of U.S. Immigration and Customs Enforcement (ICE) and the Commissioner of U.S. Customs and Border Protection (CBP) shall ensure that agents and officers of ICE and CBP, as the case may be, wear body cameras when such agents and officers are engaged in official operations. (b) Implementation.--To carry out this section, the Director of ICE and the Commissioner of CBP shall establish-- (1) policies, procedures, and best practices for the use of body cameras by agents and officers of ICE and CBP, including training relating to the use of such cameras; and (2) policies and procedures for carrying out adverse actions under subsection (f). (c) Always-On.--Body cameras worn by agents and officers of ICE and CBP shall be turned on at the beginning of the shift of such agents and officers and shall remain on for the duration of such shifts. (d) Availability of Body Camera Footage.--Footage collected by such a body camera shall be made available to each party to any administrative proceeding, civil action, or criminal prosecution to which such footage pertains in accordance with such requirements as the Secretary of Homeland Security shall by rule require under subsection (e). If such footage is not made available, such a party may notify the Director of ICE or the Commissioner of CBP, as the case may be, in writing for purposes of instigating an adverse action described in subsection (f). (e) Rulemaking.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall commence a rulemaking regarding the use of body cameras and the provision of footage in accordance with subsection (d) that is consistent with the ``Civil Rights Principles for Body Worn Cameras'' of the Leadership Conference on Civil and Human Rights, May 2015. The proposed rule shall include a comparison with the American Civil Liberties Union's January 2017 ``Model Act for Regulating the Use of Wearable Body Cameras by Law Enforcement'' and ``An Act Relative to Body-Worn Cameras for Law Enforcement Officers,'' 2016 N.H. Legis. Serv. 322 (codified at N.H. REV. STAT. ANN. Sec. 105-D (2016)). (f) Adverse Actions for Absence of Body Camera Footage.--An agent or officer of ICE or CBP whose body camera does not record footage because of a violation of subsection (c) shall be subject to furlough, reduction in pay or grade, or a suspension of up to 30 days under subchapter II of chapter 75 of title 5, United States Code, as the Director of ICE or the Commissioner of CBP (as the case may be) determines appropriate. If a body camera does not record at a time when the camera is required to be active, the Secretary of Homeland Security may not determine that the camera suffered a malfunction unless the agent or officer submits evidence sufficient to establish that a malfunction occurred. (g) Prohibition on New Funding.--No additional funding is authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise made available for such purposes. all
H.R. 532 (Introduced in House) - Protecting Individuals with Down Syndrome Act	https://www.govinfo.gov/content/pkg/BILLS-117hr532ih/html/BILLS-117hr532ih.htm	DOC 117th CONGRESS 1st Session H. R. 532 To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Estes (for himself, Mr. Stauber, Mr. Weber of Texas, Mr. Lamborn, Mr. Budd, Mr. Norman, Mr. Babin, Mr. Mooney, Mr. Aderholt, Mr. Allen, Mr. Biggs, Mr. Hice of Georgia, Mr. Jordan, Mr. Steube, Mr. Kelly of Pennsylvania, Ms. Herrera Beutler, Mr. Grothman, Mr. Latta, Mr. Williams of Texas, Mrs. Boebert, Mr. Johnson of Louisiana, Mr. Jackson, Mr. Banks, Mr. Wenstrup, Mrs. Greene of Georgia, Mr. Mann, Mrs. Fischbach, Ms. Herrell, Mr. Smith of New Jersey, and Mrs. Miller of Illinois) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit discrimination by abortion against an unborn child on the basis of Down syndrome. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Individuals with Down Syndrome Act''. SEC. 2. DISCRIMINATION BY ABORTION AGAINST AN UNBORN CHILD ON THE BASIS OF DOWN SYNDROME PROHIBITED. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited ``(a) Definitions.--In this section: ``(1) Abortion.--The term `abortion' means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to-- ``(A) kill the unborn child of a woman known to be pregnant; or ``(B) terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth and preserve the life and health of the child born alive; ``(ii) to save the life of the pregnant woman; or ``(iii) to remove a dead unborn child. ``(2) Down syndrome.--The term `Down syndrome' means a chromosomal disorder associated with-- ``(A) an extra copy of the chromosome 21, in whole or in part; or ``(B) an effective trisomy for chromosome 21. ``(3) Qualified plaintiff.--The term `qualified plaintiff' means-- ``(A) a woman upon whom an abortion is performed or attempted in violation of this section; ``(B) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; ``(C) the father of an unborn child who is the subject of an abortion performed or attempted in violation of this section unless the pregnancy or abortion resulted from the criminal conduct of the father; or ``(D) the Attorney General. ``(4) Unborn child.--The term `unborn child' means an individual of the species homo sapiens from the beginning of the biological development of that individual, including fertilization, until the point of being born alive, as defined in section 8(b) of title 1. ``(b) Offense.--It shall be unlawful to-- ``(1) perform an abortion-- ``(A) with the knowledge that a pregnant woman is seeking an abortion, in whole or in part, on the basis of-- ``(i) a test result indicating that the unborn child has Down syndrome; ``(ii) a prenatal diagnosis that the unborn child has Down syndrome; or ``(iii) any other reason to believe that the unborn child has or may have Down syndrome; or ``(B) without first-- ``(i) asking the pregnant woman if she is aware of any test results, prenatal diagnosis, or any other evidence that the unborn child has or may have Down syndrome; and ``(ii) if the woman is aware that the unborn child has or may have Down syndrome, informing the pregnant woman of the prohibitions on abortion under this section; ``(2) use force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing an abortion described in paragraph (1)(A); ``(3) solicit or accept funds for the performance of an abortion described in paragraph (1)(A); or ``(4) knowingly transport a woman into the United States or across a State line for the purpose of obtaining an abortion described in paragraph (1)(A). ``(c) Criminal Penalty.--Any person that violates, or attempts to violate, subsection (b) shall be fined under this title, imprisoned not more than 5 years, or both. ``(d) Civil Remedies.-- ``(1) Civil action by woman on whom abortion is performed.--A woman upon whom an abortion has been performed or attempted in violation of subsection (b)(2) may bring a civil action in an appropriate court against any person who engaged in a violation of subsection (b)(2) to obtain appropriate relief. ``(2) Civil action by relatives.-- ``(A) In general.--Except as provided in subparagraph (B), the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (b), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may bring a civil action in an appropriate court against any person who engaged in the violation to obtain appropriate relief. ``(B) Exceptions.--Subparagraph (A) shall not apply if-- ``(i) the pregnancy or abortion resulted from the criminal conduct of the plaintiff described in subparagraph (A); or ``(ii) the plaintiff described in subparagraph (A) consented to the abortion. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and ``(B) punitive damages. ``(4) Injunctive relief.--A qualified plaintiff may bring a civil action in an appropriate court to obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. ``(5) Attorney's fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(e) Bar to Prosecution.--A woman upon whom an abortion is performed may not be prosecuted or held civilly liable for any violation of this section or for a conspiracy to violate this section. ``(f) Loss of Federal Funding.--A violation of subsection (b) shall be deemed discrimination for the purposes of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). ``(g) Reporting Requirement.-- ``(1) In general.--A physician, physician's assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities. ``(2) Criminal penalty.--Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than 1 year, or both. ``(h) Expedited Consideration.--It shall be the duty of the district courts of the United States, the courts of appeals of the United States, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. ``(i) Protection of Privacy in Court Proceedings.-- ``(1) In general.--Except to the extent the Constitution of the United States or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. ``(2) Orders to parties, witnesses, and counsel.--The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of a woman described in paragraph (1) from public disclosure. ``(3) Pseudonym required.--In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. ``(4) Limitation.--This subsection may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``250. Discrimination by abortion against an unborn child on the basis of Down syndrome prohibited.''. SEC. 3. SEVERABILITY. If any portion of this Act, or the amendments made by this Act, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application. all
H.R. 533 (Introduced in House) - Stop COVID–19 Test Surprise Medical Bills Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr533ih/html/BILLS-117hr533ih.htm	DOC 117th CONGRESS 1st Session H. R. 533 To prevent surprise medical bills with respect to COVID-19 testing. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Fletcher (for herself, Mrs. Axne, Ms. Escobar, Ms. Garcia of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Ms. Norton, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Jones, Mr. Lawson of Florida, Mr. Levin of California, Ms. Porter, Ms. Schrier, Mr. Takano, and Ms. Velazquez) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prevent surprise medical bills with respect to COVID-19 testing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop COVID-19 Test Surprise Medical Bills Act of 2021''. SEC. 2. MEDICAL MANAGEMENT. Section 6001 of the Families First Coronavirus Response Act (Public Law 116-127) is amended by adding at the end the following: ``(e) Medical Management.--For purposes of this section, the term `medical management' includes determinations about why an individual sought testing, the nature of the clinical assessment that was associated with the testing, whether the individual was showing symptoms, what provider ordered the testing, the frequency of testing obtained by the individual, and other reviews of the encounters or events that proceeded or followed a service described in subsection (a). Such term does not include reasonable efforts by a group health plan or health insurance issuer to encourage individuals to obtain tests from lower priced providers (provided that such reasonable efforts do not delay or otherwise impede access to testing).''. SEC. 3. IMPROVEMENTS TO TRANSPARENCY POLICY. (a) In General.--Section 3202 of the CARES Act (Public Law 116-136) is amended by adding at the end the following: ``(c) Improvements to Transparency Policy.--Not later than 30 days after the date of enactment of this subsection, the Secretary of Health and Human Services shall survey a sample of providers of the items and services described in section 6001(a) of division F of the Families First Coronavirus Response Act (Public Law 116-127) regarding the cash prices for such items and services as listed by the providers on a public internet website. The Secretary shall survey no fewer than 200 providers representing a diversity of sizes, geographic locations, test types, and care settings (such as hospitals, laboratories, and free- standing emergency rooms). ``(d) Public Report.--Not later than 45 days after the date of enactment of this subsection, the Secretary of Health and Human Services shall publish a report on cash prices for items and services published under subsection (b)(1), which shall include-- ``(1) the compliance rate of providers with the cash price publication requirement under subsection (b)(1); ``(2) the average cash price for each item and service described in section 6001(a) of division F of the Families First Coronavirus Response Act (Public Law 116-127) and published under subsection (b)(1); ``(3) with respect to each such item and service, a comparison of such average cash price to the reimbursement rate under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); and ``(4) any outlier cash prices published under subsection (b)(1) (including the names of the providers charging such prices) that substantially exceed the average cash price.''. SEC. 4. GUIDANCE ON BILLING FOR PROVIDER VISITS ASSOCIATED WITH COVID- 19 TESTING. The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury, shall jointly issue guidance, not later than 30 days after the date of enactment of this Act for purposes of clarifying-- (1) the process for submitting claims for items and services described in section 6001(a) of the Families First Coronavirus Response Act (Public Law 116-127) to ensure that individuals enrolled in individual or group health insurance coverage or group health plans to whom such items and services are furnished are not subject to cost sharing or prior authorization or other medical management requirements; and (2) that providers should not collect cost-sharing amounts from individuals seeking items and services described in section 6001(a) of such Act. all
H.R. 534 (Introduced in House) - Protecting Life in Foreign Assistance Act	https://www.govinfo.gov/content/pkg/BILLS-117hr534ih/html/BILLS-117hr534ih.htm	DOC 117th CONGRESS 1st Session H. R. 534 To restrict the availability of Federal funds to organizations associated with the abortion industry. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Foxx (for herself, Mr. Mooney, Mr. Budd, Mr. Long, Mr. Aderholt, Mr. Kelly of Pennsylvania, Mr. Chabot, Mr. Duncan, Mr. Gaetz, Mr. Babin, Mr. Reschenthaler, Mr. LaMalfa, Mr. McHenry, Mr. Banks, Mr. Hice of Georgia, Mr. Weber of Texas, Mr. Huizenga, Mr. Guest, Mr. Wright, Mr. Allen, Mr. Armstrong, Mr. Grothman, Mr. Hagedorn, Ms. Cheney, Mr. Stauber, Mr. Williams of Texas, Mrs. Wagner, and Mr. Timmons) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To restrict the availability of Federal funds to organizations associated with the abortion industry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Life in Foreign Assistance Act''. SEC. 2. RESTRICTION ON AVAILABILITY OF FEDERAL FUNDS. (a) In General.--Notwithstanding any other provision of law, Federal funds may not be made available for purposes outside of the United States (including its territories and possessions) to-- (1) any foreign nonprofit organization, foreign nongovernmental organization, foreign multilateral organization, or foreign quasi-autonomous nongovernmental organization that-- (A) performs or promotes abortions, including providing referrals, counseling, lobbying, and training relating to abortions; (B) furnishes or develops any item intended to procure abortions; or (C) provides financial support to-- (i) any entity that conducts any of the activities described in subparagraph (A) or (B); or (ii) any entity described in paragraph (2); and (2) any domestic nonprofit organization or domestic nongovernmental organization that-- (A) performs abortions; (B) furnishes or develops any item intended to procure abortions; (C) within the scope of any program or activity that receives Federal funds-- (i) performs or promotes abortions, including providing referrals, counseling, lobbying, and training relating to abortions; or (ii) fails to maintain a complete physical and financial separation from activities described in clause (i) and such failure includes co-locating such a program or activity at any site where activities described in clause (i) are conducted; or (D) provides financial support to-- (i) any entity that conducts activities described in subparagraph (A), (B), or (C); or (ii) any entity described in paragraph (1). (b) Inclusions; Exceptions.--The prohibitions described in subsection (a)-- (1) include the transfer of Federal funds and goods financed with such funds; and (2) do not apply to abortions-- (A) resulting from rape or incest; or (B) when the life of the mother would be endangered if the fetus were carried to term. all
H.R. 535 (Introduced in House) - Special Districts Provide Essential Services Act	https://www.govinfo.gov/content/pkg/BILLS-117hr535ih/html/BILLS-117hr535ih.htm	DOC 117th CONGRESS 1st Session H. R. 535 To amend the Social Security Act to include special districts in the coronavirus relief fund, to direct the Secretary to include special districts as an eligible issuer under the Municipal Liquidity Facility, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Garamendi (for himself, Mrs. Demings, Mr. Kilmer, Ms. Lee of California, Mrs. Napolitano, Mr. Rush, Mr. Panetta, Ms. Brownley, Mr. Bera, Ms. Kelly of Illinois, Mr. DeFazio, Mr. Crist, Mr. Doggett, Ms. Eshoo, Mr. Costa, Mr. Takano, Mr. Carbajal, Mr. Peters, Mr. DeSaulnier, Mr. McNerney, Mr. Lowenthal, and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Social Security Act to include special districts in the coronavirus relief fund, to direct the Secretary to include special districts as an eligible issuer under the Municipal Liquidity Facility, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Districts Provide Essential Services Act''. SEC. 2. INCLUSION OF SPECIAL DISTRICTS IN THE CORONAVIRUS RELIEF FUND. (a) In General.--Section 601(a) of the Social Security Act (42 U.S.C. 801(a)) is amended by adding at the end the following new paragraph: ``(3) Funds for special districts.--If an amount in excess of $150,000,000,000 is appropriated for payments made under this section, special districts shall be eligible for payments from the portion of such excess amount paid to States in accordance with subsection (c)(6).''. (b) Amount for Special Districts.--Section 601(c) of the Social Security Act (42 U.S.C. 801(c)) is amended-- (1) by redesignating paragraphs (6) through (8) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (5) the following new paragraphs: ``(6) Special districts.-- ``(A) In general.--If a portion of any excess amount described in subsection (a)(3) is paid to a State, the State shall allocate at least 5 percent of such portion for distributing payments to special districts in the State that submit to the Governor of the State or the entity designated by the Governor to distribute such payments (referred to in this paragraph as the `designated payment entity') a request for a payment during the COVID-19 emergency and information described in subparagraph (B) demonstrating the need for the payment, which the Governor of the State or the designated payment entity has determined, on the basis of a good faith effort, is accurate. ``(B) Information described.--Information described in this subparagraph is written documentation demonstrating with respect to a comparable period before the COVID-19 emergency that the special district has experienced or is likely to experience during the COVID-19 emergency-- ``(i) reduced revenue or operational funding derived from provided services, taxes, fees, or other sources of revenue; ``(ii) reduced indirect funding from the Federal Government, the State, or a unit of general government below the State level; or ``(iii) as a result of the COVID-19 emergency, increased expenditures necessary to continue operations. ``(C) Amount of payment.-- ``(i) In general.--Subject to clauses (ii) and (iii), the amount of the payment for a special district shall be determined by the Governor or the State or the designated payment entity, taking into consideration the extent of a projected budget shortfall for the special district during the COVID-19 emergency and the need of the special district to supplement projected revenue. ``(ii) Limitation.--Except as provided in clause (iii), the amount paid to a special district shall not exceed the amount of expenditures made by the special district for any quarter of calendar year 2019. ``(iii) Exception for providers of essential critical infrastructure sector services.--If a special district provides essential critical infrastructure sector services (as defined by the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security), the amount paid to the special district may exceed the limit applicable under clause (ii). ``(iv) Rule of construction.--Nothing in the preceding clauses of this subparagraph shall be construed as requiring payment of an amount sufficient to provide a special district with full operational funding during the COVID- 19 emergency. ``(D) Responsible authority for recoupment.--If it is determined that a payment made to a special district did not comply with the requirements of the preceding subparagraphs, or was otherwise fraudulent or improper, the special district shall be liable for the debt owed to the Federal Government under subsection (f), unless all or a part of the basis for such determination is that the determination required under subparagraph (A) regarding the accuracy of the information demonstrating the need for the payment was not made in good faith, in which case the State shall be liable for all or a part of such debt, as the Secretary determines appropriate. ``(E) Deadline for distribution of funds.--Payments to special districts in a State shall be distributed not later than 60 days after the State receives a payment from any excess amount described in subsection (a)(3). ``(F) COVID-19 emergency.--For purposes of this paragraph, the term `COVID-19 emergency' means the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act on January 31, 2020, entitled `Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus' and includes any renewal of such declaration pursuant to such section 319. ``(7) Excess funds waiver.-- ``(A) In general.--If a State has allocated funds from a payment to the State described in paragraph (6) to special districts in that State, but has not met the 5 percent allocation requirement of that paragraph, the Governor of the State may submit to the Secretary, in writing, a request for an excess funds waiver to exempt the State from having to make additional allocations from such funds to make up the remainder of such 5 percent requirement, and to allow the State to use the funds remaining in accordance with this section. ``(B) Requirements.--A waiver request submitted under subparagraph (A) shall provide-- ``(i) information regarding how funds from the payment to the State described in paragraph (6) were allocated to special districts in the State and otherwise used; and ``(ii) an explanation why the requirement for the State to meet the 5 percent allocation requirement of paragraph (6) should be waived. ``(C) Deadlines.-- ``(i) Waiver request.--A request for an excess funds waiver shall be submitted to the Secretary not later than 60 days after the State receives a payment described in paragraph (6). ``(ii) Approval or disapproval.--The Secretary shall approve or disapprove a waiver request submitted under subparagraph (A), in writing, not later than 14 days after the Secretary receives the request.''. (c) Definition of Special District.--Section 601(g) of the Social Security Act (42 U.S.C. 801(g)) is amended-- (1) by redesignating paragraphs (4) through (5) as paragraphs (5) through (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Special district.--The term `special district' means a political subdivision of a State, formed pursuant to general law or special act of the State, for the purpose of performing one or more governmental or proprietary functions.''. (d) Treasury IG Oversight Authority.--Section 601(f)(2) of such Act (42 U.S.C. 801(f)(2)) is amended-- (1) by inserting ``or that a special district or State has not complied with the requirements of paragraph (6) or (7) of subsection (c) (as applicable),'' after ``subsection (d),''; and (2) by striking ``such subsection'' and inserting ``subsection (d) or paragraph (6) or (7) of subsection (c) (as applicable)''. (e) Update to Guidance.--The Secretary of the Treasury shall update any guidance issued with respect to the Coronavirus Relief Fund established under section 601 of the Social Security Act (42 U.S.C. 801) to reflect the inclusion of special districts as eligible for payments from amounts appropriated under such section, to the extent such amounts exceed $150,000,000,000. SEC. 3. INCLUDING SPECIAL DISTRICTS IN THE MUNICIPAL LIQUIDITY FACILITY. The Board of Governors of the Federal Reserve System shall include special districts, as defined in section 601(g)(4) of the Social Security Act (42 U.S.C. 801(g)(4)) (as added by section 2(c)), as eligible issuers in the Municipal Liquidity Facility program authorized under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)). all
H.R. 536 (Introduced in House) - New Way Forward Act	https://www.govinfo.gov/content/pkg/BILLS-117hr536ih/html/BILLS-117hr536ih.htm	DOC 117th CONGRESS 1st Session H. R. 536 To reform the process for enforcing the immigration laws of the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Garcia of Illinois (for himself, Ms. Jayapal, Ms. Pressley, Ms. Bass, Mr. Espaillat, Ms. Schakowsky, Mrs. Watson Coleman, Mr. Rush, Ms. Norton, Ms. McCollum, Ms. Ocasio-Cortez, Mr. Lowenthal, Ms. Garcia of Texas, Ms. Clarke of New York, Mr. Danny K. Davis of Illinois, Mr. McGovern, Ms. Omar, Mr. Blumenauer, Mr. Cardenas, Mr. Pocan, Ms. Tlaib, Mr. Vargas, Ms. Lee of California, Ms. Escobar, Mr. Takano, Mr. Jones, Mr. Bowman, Ms. Bush, Ms. Williams of Georgia, Ms. Velazquez, Mr. Meeks, Mrs. Napolitano, Mr. DeSaulnier, Ms. Chu, Mr. Grijalva, Mr. Torres of New York, Ms. Barragan, Mr. Johnson of Georgia, Ms. Newman, and Ms. Meng) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To reform the process for enforcing the immigration laws of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``New Way Forward Act''. TITLE I--END MANDATORY DETENTION AND REQUIRE PROBABLE CAUSE FOR ARREST SEC. 101. PHASE-OUT OF PRIVATE FOR-PROFIT DETENTION FACILITIES AND USE OF JAILS. (a) Secure Detention Facilities.--Beginning on the date of the enactment of this Act, the Secretary of Homeland Security may not enter into, or extend, any contract with any public or private for-profit entity that owns or operates a detention facility for use of that facility to detain aliens in the custody of the Department of Homeland Security, and shall terminate any such contract not later than the date that is 3 years after the date of the enactment of this Act. Beginning on the date that is 3 years after the date of the enactment of this Act, any facility at which aliens in the custody of the Department of Homeland Security are detained shall be owned and operated by the Department of Homeland Security. (b) Non-Secure Detention Programs.--Beginning on the date of the enactment of this Act, the Secretary of Homeland Security may not enter into, or extend, any contract with any public or private for-profit entity that owns or operates a program or facility that provides for non-residential detention-related activities for aliens who are subject to monitoring by the Department of Homeland Security, and shall terminate any such contact not later than the date that is 3 years after the date of the enactment of this Act. Beginning on the date that is 3 years after the date of the enactment of this Act, any such program or facility shall be owned and operated by a nonprofit organization or by the Department of Homeland Security. (c) Publication of Plan.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall develop, and make publicly available, a plan and timeline for the implementation of this section. SEC. 102. PROCEDURES FOR DETAINING ALIENS. (a) Custody and Bond Determinations.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) by striking subsections (a) through (c) and inserting the following: ``(a) Arrest, Detention, and Release.-- ``(1) In general.--On a warrant issued by an immigration judge, or pursuant to section 287(a)(2), the Secretary of Homeland Security may arrest an alien and, in accordance with this section, may, pending a decision on whether the alien is to be removed from the United States-- ``(A) detain the alien; or ``(B) release the alien-- ``(i) on bond; ``(ii) subject to conditions; or ``(iii) on the alien's own recognizance. ``(2) Exception.--This section shall not apply to an unaccompanied alien child (as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))). Such an alien shall be transferred to the custody of the Secretary of Health and Human Services pursuant to section 235(b)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(b)(3)). ``(b) Custody and Bond Determinations.-- ``(1) Initial determination.--Not later than 48 hours after taking an alien into custody, the Secretary of Homeland Security shall make an initial custody determination with regard to that alien, and provide that determination in writing to the alien. If the Secretary determines that the release without conditions of an alien will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community, the custody determination under this paragraph will impose the least restrictive conditions, as described in paragraph (4). ``(2) Timing.--If an alien seeks to challenge the initial custody determination under paragraph (1), the alien shall be provided with the opportunity for a hearing before an immigration judge to determine whether the alien should be detained, which hearing shall occur not later than 72 hours after the initial custody determination, except that an immigration judge may grant a reasonable continuance upon the alien's request for additional time to prepare for the hearing. ``(3) Presumption of release.--In a hearing under this subsection, there shall be a rebuttable presumption that the alien should be released. The Government shall have the duty of rebutting this presumption by clear and convincing evidence based on credible and individualized information that establishes that the use of alternatives to detention will not reasonably assure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or the community. The fact that an alien has a prior conviction or a criminal charge pending against the alien may not be the sole factor to justify the continued detention of the alien. ``(4) Least restrictive conditions required.--If an immigration judge determines pursuant to a hearing under this section that the release without conditions of an alien will not reasonably assure the appearance of the alien as required or will endanger the safety of any other person or the community, the immigration judge shall order the least restrictive conditions, or combination of conditions, that the judge determines will reasonably assure the appearance of the alien as required and the safety of any other person and the community, which may include secured or unsecured release on bond, or participation in a program described in subsection (i). Any conditions assigned to an alien pursuant to this paragraph shall be reviewed by the immigration judge on a monthly basis. ``(5) Bond determination.--In the case that an immigration judge makes a determination to release an alien on bond under subsection (a)(1)(B)(i), the immigration judge shall consider, for purposes of setting the amount of the bond, the alien's financial resources and ability to pay the bond without imposing financial hardship on the alien. ``(6) Special rule for vulnerable persons and primary caregivers.--In a case in which an alien who is the subject of a custody determination under this subsection is a vulnerable person or a primary caregiver, the alien may not be detained unless the Government shows, in addition to the requirements under paragraph (3), that it is unreasonable or not practicable to place the individual in a community-based supervision program. ``(7) Definition.--In this subsection, the term `vulnerable person' means an individual who-- ``(A) is under 21 years of age or over 60 years of age; ``(B) is pregnant; ``(C) identifies as lesbian, gay, bisexual, transgender, or intersex; ``(D) is victim or witness of a crime; ``(E) has filed a nonfrivolous civil rights claim in Federal or State court; ``(F) has a serious mental or physical illness or disability; ``(G) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) to have a credible fear of persecution or a reasonable fear of persecution under section 208.31 or 241.8(e) of title 8, Code of Federal Regulations (as in effect on the date of the enactment of the New Way Forward Act); ``(H) has limited English language proficiency and is not provided access to appropriate and meaningful language services in a timely fashion; or ``(I) has been determined by an immigration judge or the Secretary of Homeland Security to be experiencing severe trauma or to be a survivor of torture or gender-based violence, based on information obtained during intake, from the alien's attorney or legal service provider, or through credible self- reporting. ``(c) Subsequent Determinations.--An alien who is detained under this section shall be provided with a de novo custody determination hearing under this subsection every 60 days, as well as upon showing of a change in circumstances or good cause for a de novo custody determination hearing.''; and (2) by striking subsection (e) and inserting the following: ``(e) Release Upon an Order Granting Relief From Removal.--In the case of an alien with respect to whom an immigration judge has entered an order terminating removal proceedings or an order providing for relief from removal, including an order granting asylum, or providing for withholding, deferral, or cancellation of removal, which order is pending appeal, the Secretary of Homeland Security shall immediately release the alien upon entry of the order, and may impose only reasonable conditions on the alien's release from custody. ``(f) Alternatives to Detention.-- ``(1) In general.--The Secretary of Homeland Security shall establish programs that provide alternatives to detaining aliens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support. The Secretary may contract with nongovernmental community-based organizations to provide programs, which may include case management services, appearance assistance services, and screenings of aliens who have been detained. ``(2) Individualized determination required.--In determining whether to order an alien to participate in a program under this subsection, the Secretary, or the immigration judge, as appropriate shall make an individualized determination to determine the appropriate level of supervision for the alien. Participation in a program under this subsection may not be ordered for an alien for whom it is determined that release on reasonable bond or recognizance will reasonably assure the appearance of the alien as required and the safety of any other person and the community.''. (b) Probable Cause Hearing.--Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)) is amended by striking the matter preceding paragraph (3) and inserting the following: ``(a) Any officer or employee of the Department of Homeland Security authorized under regulations prescribed by the Secretary of Homeland Security shall have power without warrant-- ``(1) to interrogate any alien or person believed to be an alien as to the person's right to be or to remain in the United States, provided that such interrogation is not based on the person's race, ethnicity, national origin, religion, sexual orientation, color, spoken language, or English language proficiency; and ``(2) to arrest any alien who in the officer or employee's presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United States, if-- ``(A) the officer or employee has probable cause to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest; ``(B) the officer or employee has reason to believe that the person would knowingly and willfully fail to appear in immigration court in response to a properly served notice to appear; and ``(C) not later than 48 hours after being taken into custody, the arrested alien is provided with a hearing before an immigration judge to determine whether there is probable cause as required by this section, including probable cause to believe that the person would have knowingly and willfully failed to appear as required under subparagraph (B), which burden to establish probable cause shall be on the Government.''. (c) Mandatory Detention Repealed.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended-- (1) in section 235(b)(1)(B)(ii)-- (A) by striking ``shall'' and inserting ``may''; and (B) by inserting before the period at the end the following: ``pursuant to the custody review procedures set forth in section 236''; (2) by striking section 235(b)(1)(B)(iii)(IV); (3) in section 235(b)(2)(A)-- (A) by striking ``shall'' and inserting ``may''; and (B) by inserting before the period at the end the following: ``pursuant to the custody review procedures set forth in section 236''; (4) by striking section 236A; (5) in section 238(a)(2), by striking ``pursuant to section 236(c)''; and (6) in section 506(a)(2)-- (A) by striking the paragraph heading and inserting the following: ``Release hearing for aliens detained''; and (B) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``lawfully admitted for permanent residence''; (ii) by striking clause (i); and (iii) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) Aliens Ordered Removed.--Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended-- (1) in paragraph (1), by striking ``90 days'' each place it appears and inserting ``60 days''; (2) by striking paragraph (2) and inserting the following: ``(2) Initial custody redetermination hearing.-- ``(A) In general.--Not later than 72 hours after the entry of a final administrative order of removal, the alien ordered removed shall be provided with a custody redetermination hearing before an immigration judge. ``(B) Presumption of detention.--For purposes of the hearing under subparagraph (A), the alien shall be detained during the removal period unless the alien can show, by a preponderance of the evidence, that the alien's removal is not reasonably foreseeable and that the alien does not pose a risk to the safety of any individual or to the community.''; (3) in paragraph (3)-- (A) in the paragraph heading, by striking ``90- day'' and inserting ``60-day''; and (B) in the matter preceding subparagraph (A), by striking ``the alien, pending removal, shall be subject to supervision under'' and inserting the following: ``except as provided in paragraph (7), any alien who has been detained during the removal period shall be released from custody, pending removal, subject to individualized supervision requirements in accordance with''; (4) by striking paragraph (6); and (5) by striking paragraph (7) and inserting the following: ``(7) Subsequent custody redetermination hearings.-- ``(A) In general.--The Government may request a subsequent redetermination hearing before an immigration judge seeking continued detention for an alien ordered to be detained pursuant to paragraph (2) who has not been removed within the removal period. ``(B) Standard.--An alien may only be detained after the removal period upon a showing by the Government that-- ``(i) the alien's removal is reasonably foreseeable; and ``(ii) the alien poses a risk to the safety of an individual or the community, which may only be established based on credible and individualized information that establishes objective risk factors, and may not be established based only on the fact that the alien has been charged with or is suspected of a crime. ``(C) Period of detention.--An alien may not be detained pursuant to an order under this paragraph for longer than a 60-day period. The Government may seek subsequent redetermination hearings under this paragraph in order to continue detaining an alien beyond each such 60-day period.''. TITLE II--STATUTE OF LIMITATIONS SEC. 201. TIME FOR COMMENCING REMOVAL PROCEEDINGS. Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the following: ``(3)(A) Notwithstanding paragraph (2), any removal proceeding against an alien previously admitted to the United States for being within a class of deportable aliens described in section 237(a)(2), or within a class of inadmissible aliens described in section 212(a)(2), shall not be entertained unless commenced not later than the date that is five years after the date on which the alien became deportable or inadmissible. ``(B) This paragraph shall apply to any removal proceeding resulting in an order of removal before the date of the enactment of the New Way Forward Act as if in effect on the date on which the removal proceeding was commenced.''. TITLE III--LIMIT CRIMINAL-SYSTEM-TO-REMOVAL PIPELINE SEC. 301. CRIMINAL OFFENSES AND IMMIGRATION LAWS. (a) Inadmissibility Based on Criminal and Related Grounds.--Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended-- (1) by striking subparagraph (A); and (2) by redesignating subparagraphs (B) through (I) as subparagraphs (A) through (H), respectively. (b) Deportability Based on Criminal Offenses.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking clauses (i) and (ii); (B) by redesignating clauses (iii) through (vi) as clauses (i) through (iv), respectively; and (C) in clause (iv), as so redesignated, by striking ``Clauses (i), (ii), and (iii)'' and inserting ``Clauses (i) and (ii)''; (2) by striking subparagraph (B); and (3) by redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively. SEC. 302. DEFINITIONS. (a) Aggravated Felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``means--'' and inserting ``means a felony, for which a term of imprisonment of not less than 5 years was imposed, that is--''; (2) in subparagraph (F), by striking ``for which the term of imprisonment at least one year''; (3) in subparagraph (G), by striking ``for which'' and all that follows through ``year''; (4) in subparagraph (J), by striking ``, for which a sentence of one year imprisonment or more may be imposed''; (5) in subparagraph (P)-- (A) by striking ``(i)''; and (B) by striking ``and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 12 months''; (6) in subparagraph (R), by striking ``for which the term of imprisonment is at least one year''; (7) in subparagraph (S), by striking ``, for which the term of imprisonment is at least one year''; and (8) by striking the last sentence. (b) Conviction.--Section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended-- (1) in subparagraph (A), by striking ``court'' and all that follows through ``to be imposed.'' and inserting the following: ``court. An adjudication or judgment of guilt that has been dismissed, expunged, sealed, deferred, annulled, invalidated, withheld, or vacated, or where a court has issued a judicial recommendation against removal, or an order of probation without entry of judgment or any similar disposition, shall not be considered a conviction for purposes of this Act. No judgment on appeal or within the time to file direct appeal shall be deemed a `conviction' for the purposes of this Act.''; and (2) in subparagraph (B)-- (A) by inserting ``only'' after ``deemed to include''; and (B) by striking ``or confinement'' and all that follows through the period at the end and inserting ``ordered by a court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part.''. (c) Particularly Serious Crime.--Section 208(b)(2)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(B)(i)) is amended to read as follows: ``(i) Conviction of aggravated felony.--For purposes of clause (ii) of subparagraph (A), section 241(b)(3)(B), or any other provision of this Act, only an alien who has been convicted of an aggravated felony for which a term of imprisonment of not less than five years was imposed shall be considered to have been convicted of a particularly serious crime.''. (d) Applicability.--The amendments made by this section shall apply to-- (1) admissions and conduct occurring before, on, or after the date of the enactment of this Act; and (2) convictions and sentences entered before, on, or after the date of the enactment of this Act. TITLE IV--RESTORE JUDICIAL DISCRETION AND END REMOVAL WITHOUT DUE PROCESS SEC. 401. IMMIGRATION PROCEDURAL CHANGES. (a) Decision and Burden of Proof.--Section 240(c)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1229(c)(1)(A)) is amended by inserting after the period at the end the following: ``Notwithstanding any other provision of law, an immigration judge may grant any relief or deferral from removal, including withholding of removal, to any individual who is otherwise eligible for such relief but for a prior criminal conviction, or the commission of or a finding of the commission of other conduct described in section 212(a)(2), 237(a)(2), or 237(a)(3), if the immigration judge finds such an exercise of discretion appropriate in pursuit of humanitarian purposes, to assure family unity, or when it is otherwise in the public interest.''. (b) Removal of Aliens Who Are Not Permanent Residents.--Section 238 of the Immigration and Nationality Act (8 U.S.C. 1228) is amended-- (1) by striking subsection (b); and (2) by redesignating the first subsection (c) as subsection (b). (c) Reinstatement of Removal Orders Against Aliens Illegally Reentering.--Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended-- (1) by striking paragraph (5); and (2) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6), respectively. (d) Special Rules Relating to Continuous Residence or Physical Presence.--Section 240A(d) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)) is amended-- (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (e) Judicial Review of Orders of Removal.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended by striking subsection (a)(2)(C). TITLE V--PROHIBITION AGAINST PERFORMANCE OF IMMIGRATION OFFICER FUNCTIONS BY STATE AND LOCAL OFFICERS AND EMPLOYEES SEC. 501. LOCAL ENFORCEMENT. (a) In General.--Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended to read as follows: ``(g)(1) The officers and employees of any State, or any political subdivision of a State, are prohibited from performing the function of an immigration officer in relation to the investigation, apprehension, transport, or detention of aliens in the United States or otherwise assist in the performance of such functions. ``(2) Civil immigration warrants shall not be made available to the officers or employees of any State, or any political subdivision of a State, through the National Crime Information Center database or its incorporated criminal history databases. Federal, State, and local law enforcement officials are prohibited from entering into the National Crime Information Center database or its incorporated criminal history databases information that relates to an alien's immigration status, the existence of a prior removal, deportation, or voluntary departure order entered against an alien, or any allegations of civil violations of the immigration laws. Any information described in this paragraph that is in the National Crime Information Center database shall be removed from such database not later than 90 days after the enactment of the New Way Forward Act.''. (b) Prohibiting Coordination for Enforcement of Immigration Laws.-- (1) Prohibiting state and local law enforcement arrest and detention of aliens.--Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 (8 U.S.C. 1252c) is repealed. (2) Communication.--Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644) is repealed. (c) Communication and Enforcement.--Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is repealed. SEC. 502. NATIONAL CRIME INFORMATION CENTER. Section 534(f) of title 28, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) Civil immigration warrants shall not be made available to the officers or employees of any State, or any political subdivision of a State, through the National Crime Information Center database or its incorporated criminal history databases. Federal, State, and local law enforcement officials are prohibited from entering into the National Crime Information Center database or its incorporated criminal history databases information that relates to an alien's immigration status, the existence of a prior removal, deportation, or voluntary departure order entered against an alien, or any allegations of civil violations of the immigration laws. Any information described in this paragraph that is in the National Crime Information Center database shall be removed from such database not later than 90 days after the enactment of the New Way Forward Act.''. TITLE VI--DECRIMINALIZE MIGRATION SEC. 601. REPEALING MIGRATION CRIMINAL LAWS. (a) Criminal Penalties for Entry at Improper Time or Place.-- Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is repealed. (b) Criminal Penalties for Reentry.--Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is repealed. TITLE VII--RIGHT TO COME HOME SEC. 701. RECONSIDERING AND REOPENING IMMIGRATION CASES. (a) In General.--Notwithstanding any other provision of law, the Attorney General-- (1) shall grant a motion to reconsider or reopen proceedings pursuant to paragraph (6) or (7) of section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) with respect to any alien who-- (A) on or after April 24, 1996-- (i) was ordered removed, deported, or excluded; or (ii) departed the United States pursuant to a grant of voluntary departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) (regardless of whether or not the alien was ordered removed, deported, or excluded); and (B) demonstrates that the alien-- (i) would not have been considered inadmissible, excludable, or deportable under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))) if this Act, and the amendments made by this Act, had been in effect on the date on which such order was issued or the voluntary departure took place; or (ii) would have been eligible to apply for relief from removal, deportation, or exclusion under such laws if this Act, and the amendments made by this Act, had been in effect on the date on which such order was issued or the voluntary departure took place; and (2) shall deem an alien who makes the demonstration under paragraph (1)(B) as not having been removed, deported, excluded, or departed, and as not having failed to depart under a voluntary departure order, for all purposes under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (b) Previously Filed Application; Previous Motions To Reopen or Reconsider.--The Attorney General may not reject or deny a motion to reconsider or reopen under subsection (a) because-- (1) the alien did not include a copy of any previously filed application for relief; or (2) the alien had previously filed a motion to reopen or reconsider. (c) Deadline.--The deadline described in paragraphs (6)(B) and (7)(C)(i) of section 240(c) of the Immigrations and Nationality Act (8 U.S.C. 1229a(c)) shall not apply to a motion to reopen or reconsider under this section. (d) Transportation.--The Secretary of Homeland Security shall provide transportation for aliens eligible for reopening or reconsideration of their proceedings under this section, at Government expense, to return to the United States for further immigration proceedings and shall admit or parole the alien into the United States. (e) Physical Presence Requirement.--For the purpose of applications filed subsequent to reopening under this section pursuant to section 240A of the Immigration and Nationality Act (8 U.S.C. 1229b), or any other application for relief under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), removal, deportation, exclusion, or voluntary departure shall not be considered to toll any physical presence requirement. (f) Judicial Review.--Notwithstanding any other provision of the Immigration and National Act (8 U.S.C. 1101 et seq.), any denial of a motion to reopen or reconsider submitted pursuant to this section is subject to de novo judicial review in a Federal district court having jurisdiction over the applicant's residence or, in the case of an applicant who was removed from the United States, the last known residential address of the applicant in the United States. all
H.R. 537 (Introduced in House) - Supplemental Security Income Equality Act	https://www.govinfo.gov/content/pkg/BILLS-117hr537ih/html/BILLS-117hr537ih.htm	DOC 117th CONGRESS 1st Session H. R. 537 To extend the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Miss Gonzalez-Colon (for herself, Mr. Torres of New York, Ms. Plaskett, and Mrs. Radewagen) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To extend the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supplemental Security Income Equality Act''. SEC. 2. EXTENSION OF THE SUPPLEMENTAL SECURITY INCOME PROGRAM TO PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, GUAM, AND AMERICAN SAMOA. (a) In General.--Section 303 of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking subsection (b). (b) Conforming Amendments.-- (1) Definition of state.--Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended by striking the 5th sentence and inserting the following: ``Such term when used in title XVI includes Puerto Rico, the United States Virgin Islands, Guam, and American Samoa.''. (2) Elimination of limit on total payments to the territories.--Section 1108 of such Act (42 U.S.C. 1308) is amended-- (A) in the section heading, by striking ``; limitation on total payments''; (B) by striking subsection (a); and (C) in subsection (c), by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (4), respectively. (3) United states nationals treated the same as citizens.-- Section 1614(a)(1)(B) of such Act (42 U.S.C. 1382c(a)(1)(B)) is amended-- (A) in clause (i)(I), by inserting ``or national,'' after ``citizen''; (B) in clause (i)(II), by adding ``; or'' at the end; and (C) in clause (ii), by inserting ``or national'' after ``citizen''. (4) Territories included in geographic meaning of united states.--Section 1614(e) of such Act (42 U.S.C. 1382c(e)) is amended by striking ``and the District of Columbia'' and inserting ``, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, and American Samoa''. (c) Waiver Authority.--The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in Puerto Rico, the United States Virgin Islands, Guam, or American Samoa, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of the territory involved. (d) Effective Date.--This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act. all
H.R. 538 (Introduced in House) - Downwinders Parity Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr538ih/html/BILLS-117hr538ih.htm	DOC 117th CONGRESS 1st Session H. R. 538 To amend the Radiation Exposure Compensation Act to include certain communities and to extend the fund, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Gosar introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Radiation Exposure Compensation Act to include certain communities and to extend the fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Downwinders Parity Act of 2021''. SEC. 2. INCLUSION UNDER THE RADIATION EXPOSURE COMPENSATION ACT. Section 4(b)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended-- (1) in subparagraph (B)-- (A) by striking ``that portion of''; and (B) by striking ``that consists of townships 13 through 16 at ranges 63 through 71''; and (2) in subparagraph (C), by inserting ``all acreage in any county all or part of which is located in'' before ``that part''. SEC. 3. EXTENSION OF FUND. Section 3(d) of the Radiation Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 note) is amended-- (1) by striking ``22 years'' and inserting ``27 years''; and (2) by striking ``22-year'' and inserting ``27-year''. all
H.R. 539 (Engrossed in House) - Preventing Disaster Revictimization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr539eh/html/BILLS-117hr539eh.htm	DOC 117th CONGRESS 1st Session H. R. 539 _______________________________________________________________________ AN ACT To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Disaster Revictimization Act''. SEC. 2. FLEXIBILITY. Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended-- (1) by amending paragraph (2)(A) to read as follows: ``(A) except as provided in subparagraph (B), shall-- ``(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and ``(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and''; and (2) in paragraph (3)(B)-- (A) by striking ``Removal of'' and inserting ``Report on''; and (B) in clause (ii) by striking ``the authority of the Administrator to waive debt under paragraph (2) shall no longer be effective'' and inserting ``the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate''. SEC. 3. REPORT TO CONGRESS. The Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of the internal processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any changes made to such processes. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives June 15, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 539 _______________________________________________________________________ AN ACT To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes.
H.R. 539 (Introduced in House) - Preventing Disaster Revictimization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr539ih/html/BILLS-117hr539ih.htm	DOC 117th CONGRESS 1st Session H. R. 539 To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Graves of Missouri (for himself, Mr. LaMalfa, Mr. Garamendi, Miss Gonzalez-Colon, Mr. Thompson of California, Mr. Huffman, and Mr. Carbajal) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Disaster Revictimization Act''. SEC. 2. FLEXIBILITY. Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended-- (1) by amending paragraph (2)(A) to read as follows: ``(A) except as provided in subparagraph (B), shall-- ``(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and ``(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and''; and (2) in paragraph (3)(B)-- (A) by striking ``Removal of'' and inserting ``Report on''; and (B) in clause (ii) by striking ``the authority of the Administrator to waive debt under paragraph (2) shall no longer be effective'' and inserting ``the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate''. SEC. 3. REPORT TO CONGRESS. The Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of the internal processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any changes made to such processes. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 539 (Referred in Senate) - Preventing Disaster Revictimization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr539rfs/html/BILLS-117hr539rfs.htm	DOC 117th CONGRESS 1st Session H. R. 539 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 16, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Disaster Revictimization Act''. SEC. 2. FLEXIBILITY. Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended-- (1) by amending paragraph (2)(A) to read as follows: ``(A) except as provided in subparagraph (B), shall-- ``(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and ``(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and''; and (2) in paragraph (3)(B)-- (A) by striking ``Removal of'' and inserting ``Report on''; and (B) in clause (ii) by striking ``the authority of the Administrator to waive debt under paragraph (2) shall no longer be effective'' and inserting ``the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate''. SEC. 3. REPORT TO CONGRESS. The Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of the internal processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any changes made to such processes. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 539 (Reported in House) - Preventing Disaster Revictimization Act	https://www.govinfo.gov/content/pkg/BILLS-117hr539rh/html/BILLS-117hr539rh.htm	DOC Union Calendar No. 43 117th CONGRESS 1st Session H. R. 539 To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Graves of Missouri (for himself, Mr. LaMalfa, Mr. Garamendi, Miss Gonzalez-Colon, Mr. Thompson of California, Mr. Huffman, and Mr. Carbajal) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned June 14, 2021 Additional sponsors: Mr. Webster of Florida, Mr. Delgado, and Ms. Plaskett June 14, 2021 Reported from the Committee on Transportation and Infrastructure June 14, 2021 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Disaster Revictimization Act''. SEC. 2. FLEXIBILITY. Section 1216(a) of the Disaster Recovery Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended-- (1) by amending paragraph (2)(A) to read as follows: ``(A) except as provided in subparagraph (B), shall-- ``(i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and ``(ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5160); and''; and (2) in paragraph (3)(B)-- (A) by striking ``Removal of'' and inserting ``Report on''; and (B) in clause (ii) by striking ``the authority of the Administrator to waive debt under paragraph (2) shall no longer be effective'' and inserting ``the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate''. SEC. 3. REPORT TO CONGRESS. The Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of the internal processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and Reform Act of 2018 (42 U.S.C. 5174a) and any changes made to such processes. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Union Calendar No. 43 117th CONGRESS 1st Session H. R. 539 _______________________________________________________________________ A BILL To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes. _______________________________________________________________________ June 14, 2021 Reported from the Committee on Transportation and Infrastructure June 14, 2021 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 53 (Introduced in House) - Freedom for Families Act	https://www.govinfo.gov/content/pkg/BILLS-117hr53ih/html/BILLS-117hr53ih.htm	DOC 117th CONGRESS 1st Session H. R. 53 To amend the Internal Revenue Code of 1986 to allow for tax-advantaged distributions from health savings accounts during family or medical leave, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to allow for tax-advantaged distributions from health savings accounts during family or medical leave, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom for Families Act''. SEC. 2. DISTRIBUTIONS FROM HEALTH SAVINGS ACCOUNTS DURING PERIODS OF QUALIFIED CAREGIVING. (a) In General.--Paragraphs (1) and (2) of section 223(f) of the Internal Revenue Code of 1986 are amended to read as follows: ``(1) Exclusion of amounts used for qualified medical expenses or distributed during periods of qualified caregiving.--Any amount paid or distributed out of a health savings account shall not be includible in gross income if it is-- ``(A) used exclusively to pay qualified medical expenses of any account beneficiary, or ``(B) paid or distributed during a period of qualified caregiving. ``(2) Inclusion of amounts neither used for qualified medical expenses nor distributed during periods of qualified caregiving.--Any amount paid or distributed out of a health savings account shall be included in the gross income of the account beneficiary if it is not described in paragraph (1).''. (b) Definition of Period of Qualified Caregiving.--Section 223(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Period of Qualified Caregiving.--For purposes of this section, the term `period of qualified caregiving' means any period during which an individual is on leave or not employed by reason of a situation described in subparagraphs (A) through (E) of section 102(a)(1) of the Family and Medical Leave Act of 1993.''. (c) Conforming Amendments.-- (1) Section 223(d)(1) of such Code is amended by inserting ``or the expenses incurred during a period of qualified caregiving of the account beneficiary''. (2) Section 223(f)(4) of such Code is amended in the heading by striking ``distributions not used for qualified medical expenses'' and inserting ``certain distributions''. (d) Effective Date.--The amendments made by this section shall apply with respect to taxable years beginning after the date of the enactment of this Act. SEC. 3. NO HIGH DEDUCTIBLE HEALTH PLAN REQUIRED FOR HEALTH SAVINGS ACCOUNTS. (a) In General.--Section 223(a) of the Internal Revenue Code of 1986 is amended by striking ``who is an eligible individual for any month during the taxable year''. (b) Conforming Amendments.-- (1) Section 223(b) of such Code is amended by striking paragraphs (7) and (8). (2) Section 223 of such Code is amended by striking subsection (c). (c) Increase in Contribution Limit for Health Savings Accounts.-- (1) In general.--Section 223(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``the sum of the monthly'' and all that follows through ``eligible individual'' and inserting ``$9,000 (twice such amount in the case of a joint return)''. (2) Conforming amendments.-- (A) Section 223(b) of such Code is amended by striking paragraphs (2), (3), and (5) and by redesignating paragraphs (4) and (6) as paragraphs (2) and (3), respectively. (B) Section 223(b)(2) of such Code (as redesignated by subparagraph (A)) is amended by striking the last sentence. (C) Section 223(d)(1)(A)(ii) is amended by striking ``the sum of'' and all that follows through the period at the end and inserting ``the dollar amount in effect under subsection (b)(1).''. (D) Section 223(g)(1) of such Code is amended-- (i) by striking ``Each dollar amount in subsections (b)(2) and (c)(2)(A)'' and inserting ``The dollar amount in subsection (b)(1)''; (ii) by striking ``thereof'' and all that follows through ```calendar year 2003'.'' and inserting ```calendar year 1997'.''; and (iii) by striking ``under subsections (b)(2) and (c)(2)(A)'' and inserting ``under subsection (b)(1)''. (d) Effective Date.--The amendments made by this section shall apply with respect to months in taxable years beginning after the date of the enactment of this Act. all
H.R. 540 (Introduced in House) - Child Care Workforce and Facilities Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr540ih/html/BILLS-117hr540ih.htm	DOC 117th CONGRESS 1st Session H. R. 540 To assist States in carrying out projects to expand the child care workforce and child care facilities in the States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Harder of California (for himself and Ms. Herrera Beutler) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To assist States in carrying out projects to expand the child care workforce and child care facilities in the States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Workforce and Facilities Act of 2021''. SEC. 2. CHILD CARE WORKFORCE AND FACILITIES GRANTS. (a) Definitions.--In this Act: (1) Child care and development block grant act of 1990 definitions.--The terms ``eligible child care provider'', ``Indian Tribe'', ``Tribal organization'', and ``State'' have the meanings given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). (2) Child care desert.--The term ``child care desert'' means-- (A) an area-- (i) within a census tract; and (ii) in which the number of children who are under age 5 (as determined using the most recent American Community Survey 1-year Estimates, as published by the Bureau of the Census) is more than 3 times the number of slots provided by child care providers who are licensed or registered by the State involved; or (B) a community that the State or Tribal entity involved determines has a low supply of quality, affordable child care. (3) Family child care provider.--The term ``family child care provider'' means such a provider that is described in paragraph (6)(A) of section 658P of the Child Care and Development Block Grant Act of 1990. (4) Licensed family child care home.--The term ``licensed family child care home'' means a facility of a family child care provider. (5) Portable credential; stackable credential.--The terms ``portable'' and ``stackable'', used with respect to a credential, have the meanings given the terms in the guidance document entitled ``Training and Employment Guidance Letter No. 15-10'', issued by the Assistant Secretary for Employment and Training of the Department of Labor on December 15, 2010. (6) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, after consultation with the Secretary of Education and the Secretary of Labor. (8) Tribal area.--The term ``Tribal area'' means a reservation or other area that is served by a Tribal entity. (9) Tribal entity.--The term ``Tribal entity'' means an Indian Tribe or Tribal organization. (b) Grants to States and Tribal Entities.-- (1) Grants.-- (A) In general.--The Secretary shall make grants to States and Tribal entities on a competitive basis under subparagraph (B) to pay for the Federal share of the cost of carrying out projects described in this Act, in order to increase access to quality child care, by eligible child care providers, in the States and Tribal areas. (B) Types of grants.--In making those grants, the Secretary may make-- (i) a child care workforce grant for a State or Tribal project to develop and expand the workforce of eligible child care providers in child care deserts in the State or Tribal area; or (ii) a child care facility grant for a State or Tribal project through which a State or Tribal entity may use or disburse the grant funds, including by making loans, for the construction, expansion, or renovation of facilities of eligible child care providers, including licensed family child care homes of family child care providers (including combinations of such providers) who are eligible child care providers, in child care deserts in the State or Tribal area. (C) Period of grants.--The Secretary shall make a grant under this paragraph for a period of not more than 5 years. (2) Application.--To be eligible to receive a grant under this subsection, a State or Tribal entity shall submit an application to the Secretary for a project described in paragraph (1) at such time, in such manner, and containing a plan that contains such information related to the project as the Secretary may reasonably require, including-- (A) information identifying the lead State agency that will administer the grant as determined by the Governor of the State, including whether the lead agency will be different from the lead agency referred to in section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b), or corresponding information for a lead Tribal agency in the case of a Tribal area; (B) in the case of a child care workforce grant-- (i) information specifying how the project carried out under the grant will increase the number of individuals attaining stackable and portable credentials in child care or early childhood education; (ii) information describing how the State or Tribal agency will emphasize the provision of-- (I) outreach to individuals who do not have degrees from postsecondary educational institutions, regarding career pathways to careers in child care or early childhood education; and (II) outreach to individuals who seek a career working with children, but who have not completed the requirements for, or cannot afford to obtain, a degree from a postsecondary educational institution in education, child care, or early childhood education; (iii) information describing how the project will provide assistance, including assistance described in paragraph (3)(A), to individuals-- (I) who are pursuing or with such project assistance would pursue secondary education, postsecondary education, or training, that leads to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation Opportunity Act (29 U.S.C. 3102)), and that is eligible for support under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) or the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), to enable the individuals to successfully complete the education or training involved; or (II) who are pursuing or with such project assistance would pursue secondary education, postsecondary education, or training, that meets such requirements as the State or Tribal entity shall specify, even if the education or training does not lead to credit toward such a recognized postsecondary credential or a degree from a postsecondary educational institution; (iv) information describing how the project will-- (I) increase the availability of quality child care provided by eligible child care providers in child care deserts (referred to in this clause as ``target child care'') in the State or Tribal area; (II) address the affordability of target child care; and (III) address the provision of target child care during nontraditional hours; (v) information describing how the project will increase access to quality child care provided by eligible child care providers in centers or other child care facilities; (vi) information describing how the project will enhance retention or compensation of eligible child care providers; and (vii) a description of how the State agency or Tribal entity will-- (I) coordinate activities carried out under the child care workforce grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support education and training described in clause (iii)(I); (II) leverage funds provided under the Acts specified in subclause (I) to support that education and training; and (III) utilize, and encourage individual participants in projects supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), prior to using assistance made available under this Act; and (C) in the case of a child care facility grant-- (i) information, with respect to the child care facility project involved, described in clause (v) of subparagraph (B); (ii) information on how the State or Tribal entity will use the grant funds to expand the supply of family child care providers (including combinations of such providers); and (iii) information describing how the project will-- (I) directly and indirectly, increase the availability of quality child care provided by eligible child care providers in child care deserts (referred to in this clause as ``target child care'') in the State or Tribal area, including through the construction, expansion, or renovation of child care facilities, including center-based child care facilities and licensed family child care homes; (II) address the affordability of target child care; and (III) address the provision of target child care during nontraditional hours. (3) Use of funds.-- (A) Child care workforce grants.--A State or Tribal entity that receives a child care workforce grant under paragraph (1)(B)(i) may use the funds made available through the grant to support programs that assist individuals in obtaining the education or training described in paragraph (2)(B)(iii)(I), or education or training described in paragraph (2)(B)(iii)(II), including using the funds to defray any of the following costs of related instruction: (i) Tuition and fees. (ii) Cost of textbooks, equipment, curriculum development, and other required educational materials. (iii) Cost of creating or expanding capacity for statewide, regional, or local child care resource and referral organizations, or similar entities, to conduct outreach, technical assistance, or State-recognized and credentialed training. (iv) Cost of any other item or service determined by the State or Tribal entity to be necessary. (B) Child care facility grants.--A State or Tribal entity that receives a child care facility grant under paragraph (1)(B)(ii) may use the funds made available through the grant to increase the availability of quality child care as described in paragraph (2)(C)(iii)(I) by constructing, expanding, or renovating child care facilities, including using the funds to defray any of the following costs: (i) Cost of equipment or materials. (ii) Cost of construction, expansion, or renovation. (iii) Cost of any other item or service determined by the State or Tribal entity to be necessary. (4) Administrative costs.--The State or Tribal entity that receives a grant under paragraph (1) may use not more than 10 percent of the grant funds for administrative costs relating to carrying out a project described in paragraph (1). (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be 50 percent. (2) Non-federal share.--The State or Tribal entity may make the non-Federal share available-- (A) in cash or in-kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities (other than recipients of assistance from a State or Tribal entity under this section). (d) Evaluation and Report.-- (1) Evaluation.--The Secretary shall conduct an evaluation of the activities carried out under the grants, which shall include an analysis of-- (A) with respect to the child care workforce grants-- (i) the characteristics of the individuals benefitting from the grants; (ii) the progress of such individuals in attaining stackable, portable credentials; and (iii) the progress the States and Tribal entities have achieved through the grants in enhancing retention and compensation of eligible child care providers; (B) with respect to the child care facilities grants, the number and location of facilities benefitting from the grants; and (C) the overall impact of the grants made under this section on the number and concentration of child care deserts across the Nation. (2) Report.--Not later than 2 years after the end of the grant period of the first child care workforce or child care facility grant the Secretary makes under subsection (b)(1), the Secretary shall submit a report to Congress that contains the findings of the evaluation. (e) Policy of the United States.--It is the policy of the United States that funds made available to a State or Tribal entity under this section should be used to supplement and not supplant other funds available under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal and State funds available to the State or Tribal entity to support programs to develop or expand the child care workforce or to construct, expand, or renovate child care facilities. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act a total of $100,000,000 for fiscal years 2022 through 2028. all
H.R. 541 (Introduced in House) - Defund Planned Parenthood Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr541ih/html/BILLS-117hr541ih.htm	DOC 117th CONGRESS 1st Session H. R. 541 To provide for a moratorium on Federal funding to Planned Parenthood Federation of America, Inc. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Hartzler (for herself, Mr. Biggs, Mr. McKinley, Mr. Duncan, Mr. Smith of Nebraska, Mr. Allen, Mr. Palazzo, Mr. Brooks, Mr. Pfluger, Mr. Joyce of Pennsylvania, Mr. Bergman, Mr. Budd, Mr. Aderholt, Mr. Gaetz, Mrs. Wagner, Mrs. Hinson, Mr. Grothman, Ms. Foxx, Mr. Guthrie, Mr. Williams of Texas, Mr. Mullin, Mr. Banks, Mr. Babin, Mrs. Walorski, Mr. Luetkemeyer, Mr. Lamborn, Mr. Rogers of Alabama, Mr. Reschenthaler, Mr. Feenstra, Mr. Mooney, Mr. Jordan, Mr. Timmons, Mr. Huizenga, Mr. Guest, Mr. Bucshon, Mr. Norman, Mr. Cloud, Mr. LaMalfa, Mr. Murphy of North Carolina, Mr. Rutherford, Mr. Scalise, Mr. Sessions, Mr. Weber of Texas, Mr. Gibbs, Mrs. Cammack, Mrs. Lesko, Mrs. Harshbarger, Mr. Davidson, Mr. Smucker, Mr. Wenstrup, Mr. Wilson of South Carolina, Mrs. Miller of West Virginia, Mr. Latta, Mr. Rodney Davis of Illinois, Mr. Chabot, Mr. Calvert, Mr. Steube, Mr. Hice of Georgia, Mr. Carl, Mr. Mann, Mr. Arrington, Mr. Rose, Mr. Waltz, Mr. McCarthy, Mr. LaHood, Mr. Good of Virginia, Mr. Harris, Mr. Kustoff, Mr. Moolenaar, Mr. Baird, Mr. Walberg, Mr. Wittman, Mr. Hill, Mr. Dunn, Mr. Valadao, Mr. Gooden of Texas, Ms. Cheney, Mr. LaTurner, Mr. Roy, Mr. Rouzer, Mr. Austin Scott of Georgia, Mr. Hudson, Mr. Smith of New Jersey, Mr. Palmer, Mr. Rogers of Kentucky, Mr. Long, Mr. Rosendale, Ms. Herrell, Mr. Rice of South Carolina, Mr. Keller, Mr. Fulcher, Mr. Jackson, Mr. Bishop of North Carolina, Mr. Crawford, Mrs. Fischbach, Mr. Meuser, Mr. Fleischmann, Mr. Hagedorn, Mr. Johnson of Louisiana, Mrs. Boebert, Mr. Gohmert, Mr. Armstrong, Mr. Stewart, Mr. Newhouse, Mr. Higgins of Louisiana, Mr. Bilirakis, Mr. Barr, Mr. Mast, Mr. Green of Tennessee, Mr. Hern, Mr. Balderson, Mr. Donalds, Mr. Bacon, Mr. Fitzgerald, Mr. Clyde, Mr. Womack, Mr. Emmer, Mr. Moore of Alabama, Mr. Bost, and Mr. Posey) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To provide for a moratorium on Federal funding to Planned Parenthood Federation of America, Inc. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defund Planned Parenthood Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) State and county health departments, community health centers, hospitals, physicians offices, and other entities currently provide, and will continue to provide, health services to women. Such health services include relevant diagnostic laboratory and radiology services, well-child care, prenatal and postpartum care, immunization, family planning services (including contraception), cervical and breast cancer screenings and referrals, and sexually transmitted disease testing. (2) Many such entities provide services to all persons, regardless of the person's ability to pay, and provide services in medically underserved areas and to medically underserved populations. (3) All funds that are no longer available to Planned Parenthood Federation of America, Inc. and its affiliates and clinics pursuant to this Act will continue to be made available to other eligible entities to provide women's health care services. (4) Funds authorized to be appropriated, and appropriated, by section 4 are offset by the funding limitation under section 3(a). SEC. 3. MORATORIUM ON FEDERAL FUNDING TO PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (a) In General.--For the one-year period beginning on the date of the enactment of this Act, subject to subsection (b), no funds authorized or appropriated by Federal law may be made available for any purpose to Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., unless such entities certify that Planned Parenthood Federation of America affiliates and clinics will not perform, and will not provide any funds to any other entity that performs, an abortion during such period. (b) Exception.--Subsection (a) shall not apply to an abortion-- (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (c) Repayment.--The Secretary of Health and Human Services and the Secretary of Agriculture shall seek repayment of any Federal assistance received by Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., if it violates the terms of the certification required by subsection (a) during the period specified in subsection (a). SEC. 4. FUNDING FOR COMMUNITY HEALTH CENTER PROGRAM. (a) In General.--There is authorized to be appropriated, and appropriated, $235,000,000 for the community health center program under section 330 of the Public Health Service Act (42 U.S.C. 254b), in addition to any other funds made available to such program, for the period for which the funding limitation under section 3(a) applies. (b) Limitation.--None of the funds authorized or appropriated pursuant to subsection (a) may be expended for an abortion other than as described in section 3(b). SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to reduce overall Federal funding available in support of women's health. all
H.R. 542 (Introduced in House) - Save Education Jobs Act	https://www.govinfo.gov/content/pkg/BILLS-117hr542ih/html/BILLS-117hr542ih.htm	DOC 117th CONGRESS 1st Session H. R. 542 To authorize the establishment of an Education Jobs Fund to retain and create education jobs in communities most impacted by COVID-19, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Hayes (for herself, Mr. Scott of Virginia, Mr. Sablan, Mr. Levin of Michigan, Ms. Adams, Ms. Castor of Florida, Ms. Bonamici, Mr. Suozzi, Mr. Trone, Ms. Tlaib, Mrs. Trahan, Mrs. Napolitano, Ms. Norton, Mr. Morelle, Mr. McGovern, Mr. Himes, Mr. Grijalva, Ms. Wilson of Florida, Mrs. Beatty, Mr. Jones, Mr. Sires, Mr. Kahele, Mr. Auchincloss, Mr. Lawson of Florida, Ms. Lee of California, Mr. Pocan, Mr. San Nicolas, Mr. Courtney, Mr. Johnson of Georgia, Mr. Cardenas, and Mr. Hastings) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To authorize the establishment of an Education Jobs Fund to retain and create education jobs in communities most impacted by COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Education Jobs Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS TO RETAIN AND CREATE EDUCATION JOBS. (a) In General.--There are authorized to be appropriated to the Secretary to establish and implement an Education Jobs Fund-- (1) $56,600,000,000 for fiscal year 2021; (2) $52,400,000,000 for fiscal year 2022; (3) $34,300,000,000 for fiscal year 2023; (4) $26,100,000,000 for fiscal year 2024; (5) $17,700,000,000 for fiscal year 2025; (6) $14,400,000,000 for fiscal year 2026; (7) $14,600,000,000 for fiscal year 2027; (8) $14,800,000,000 for fiscal year 2028; (9) $15,000,000,000 for fiscal year 2029; and (10) $15,200,000,000 for fiscal year 2030. (b) Reservation for Administrative Expenses.--Of the amounts made available for a fiscal year under subsection (a), the Secretary may reserve not more than $1,000,000 for each such fiscal year for administration and oversight of this Act. (c) Allocation Schedule.-- (1) First year of grants.--From the amounts first made available under subsection (a), not later than 30 days after the date of the enactment of this Act, the Secretary shall award grants in accordance with section 3. (2) Subsequent years.--Not later than 30 days after the first day of the first fiscal year that begins after the date of the enactment of this Act and annually thereafter, from the amounts made available under subsection (a), the Secretary shall award grants in accordance with section 3. SEC. 3. GRANTS TO RETAIN AND CREATE EDUCATION JOBS. (a) Eligibility.-- (1) National eligibility.-- (A) Fiscal years 2021 through 2026.--For fiscal years 2021 through 2026, each State educational agency that submits an application meeting the requirements under section 5 shall be eligible to receive a grant in accordance with this section for each such fiscal year. (B) Fiscal years 2027 through 2030.--Except as provided in paragraph (2), for fiscal years 2027 through 2030, each State educational agency that submits an application meeting the requirements under section 5 shall be eligible to receive a grant in accordance with this section for each such fiscal year. (2) State educational agency eligibility in the case of national unemployment average decrease.-- (A) Fiscal years for which national eligibility does not apply.--Paragraph (1)(B) shall not apply with respect to a fiscal year described in such paragraph if during the period beginning on the first day of fiscal year 2021 and ending on the last day of the fiscal year preceding such a fiscal year, the average rate of total unemployment in the Nation (seasonally adjusted) for the period consisting of the most recent 3 consecutive months for which data for all States are published by the Bureau of Labor Statistics was less than or equal to 5.5 percent. (B) State educational agency-based eligibility.--In the case of a fiscal year described in subparagraph (A), a State educational agency shall be eligible to receive a grant in accordance with this section for such fiscal year if-- (i) such State educational agency submits an application meeting the requirements under section 5; and (ii) with respect to each month occurring in the fiscal year preceding such fiscal year, the average rate of total unemployment in the State (seasonally adjusted) for the period consisting of the most recent 3 consecutive months for which data are published by the Bureau of Labor Statistics was greater than 5.5 percent. (3) Outlying area and bureau of indian education eligibility.-- (A) Fiscal years 2021 through 2026.--For fiscal years 2021 through 2026, each outlying area and program operated or funded by the Bureau of Indian Education shall be eligible to receive a grant in accordance with this section for each such fiscal year. (B) Fiscal years 2027 through 2030.--Except as provided in subparagraph (C), for fiscal years 2027 through 2030, each outlying area and program operated or funded by the Bureau of Indian Education shall be eligible to receive a grant in accordance with this section for each such fiscal year. (C) Exception.--Subparagraph (B) shall not apply with respect to a fiscal year described in such subparagraph if during the period beginning on the first day of fiscal year 2021 and ending on the last day of the fiscal year preceding such a fiscal year, the average rate of total unemployment in the Nation (seasonally adjusted) for the period consisting of the most recent 3 consecutive months for which data for all States are published by the Bureau of Labor Statistics was less than or equal to 3.5 percent. (b) Allocation of Grant Funds.-- (1) Allocation to outlying areas and bureau of indian education.-- (A) Reservation.--Subject to subsection (a)(3), from the amount made available under section 2(a) for a fiscal year, the Secretary shall reserve-- (i) an amount equal to \1/2\ of 1 percent for allocations to the outlying areas in accordance with subparagraph (B); and (ii) an amount equal to \1/2\ of 1 percent for allocations to programs operated or funded by the Bureau of Indian Education in accordance with subparagraph (C). (B) Outlying areas.--From the amount made available under subparagraph (A)(i) for a fiscal year, the Secretary shall allocate to each outlying area a grant that bears the same proportion to such amount as the amount the outlying area received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all outlying areas received under such part for the preceding fiscal year. (C) Programs operated or funded by the bureau of indian education.--From the amount made available under subparagraph (A)(ii) for a fiscal year, the Secretary shall, in consultation with the Secretary of the Interior, allocate to each program operated or funded by the Bureau of Indian Education a grant that bears the same proportion to such amount as the amount the program operated or funded by the Bureau of Indian Education received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all programs operated or funded by the Bureau of Indian Education received under such part for the preceding fiscal year. (2) Allocation to state educational agencies.--From the amount made available under section 2(a) for a fiscal year remaining after the reservation under paragraph (1)(A), the Secretary shall allocate to each State educational agency that is eligible under subsection (a) a grant that bears the same proportion to such amount as the amount the State educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all State educational agencies received under such part for the preceding fiscal year. (c) Reservation by State Educational Agency.-- (1) In general.--Of the amounts allocated to a State educational agency under subsection (b)(2) for a fiscal year, such State educational agency may reserve not more than 5 percent-- (A) for administrative costs of carrying out subgrants under subsection (d); (B) for the costs of retaining or creating positions in the State educational agency related to the administration or support of early childhood, public elementary, public secondary, or public postsecondary education; and (C) to implement evidence-based strategies to ensure that low-income students and minority children enrolled in schools assisted under this section are not served at disproportionate rates by ineffective, out- of-field, or inexperienced teachers, as described in section 1111(g)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(B)). (2) Prohibited use of funds.--None of the funds reserved by a State educational agency under paragraph (1) may be used by such State educational agency to carry out an activity described in paragraphs (1) through (5) of section 4(c). (d) Subgrants to Local Educational Agencies.--Of the amounts allocated to a State educational agency under subsection (b)(2) for a fiscal year and remaining after such State educational agency reserves funds under subsection (c)(1), such State educational agency shall allocate to each local educational agency in the State a grant that bears the same proportion to such amount as the amount the local educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year bears to the amount all local educational agencies in the State received under such part for the preceding fiscal year. SEC. 4. USE OF FUNDS. (a) Required Use of Funds.--A local educational agency that receives a subgrant under section 3(d) shall use not less than 90 percent of the subgrant funds for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, to recall or rehire former employees, and to hire new employees, in order to provide early childhood, elementary, or secondary educational related services. (b) Permissible Use of Funds.--A local educational agency that receives a subgrant under section 3(d) may use not more than 10 percent of such subgrant funds for any of the following: (1) Training, which may include high-quality residency, mentoring and induction programs, and professional development. (2) Salary increases to cover extended days or school years for instruction and enrichment to make up for students' lost instructional time due to COVID-19 and to ensure all students have access to a well-rounded education and the supports needed to succeed. (3) Salary increases to cover increased workdays to provide intensive professional learning and educator planning opportunities, including through professional learning communities. (4) Except as provided in subsection (c)(2), incentives, such as loan forgiveness, service scholarship programs, fee reimbursement for costs associated with obtaining advanced or additional teacher certification, or increased salaries, for teachers to teach in high-need schools and in high-need fields such as special education. (5) To develop, maintain, or expand partnership programs with teacher preparation programs in institutions of higher education that target high-need fields, high-need schools, and diverse candidates to expand the pipeline into the teaching profession. (6) Developing teacher leadership roles in high-need schools. (c) Prohibited Use of Funds.--A local educational agency that receives a subgrant under section 3(d) may not use such subgrant funds-- (1) for general administrative expenses or for other support services expenditures (as such terms are defined on the date of the enactment of this Act in the Common Core of Data of the National Center for Education Statistics); (2) to provide increased salaries or bonuses related to on- the-job performance; (3) directly or indirectly, to-- (A) establish, restore, or supplement a rainy-day fund; (B) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (C) reduce or retire debt obligations incurred by the State; or (D) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State; (4) to meet the requirements under section 1117 or 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6320; 20 U.S.C. 7881); or (5) to support private schools, through employment, services, vouchers, tax-credit scholarships, or savings accounts for students to attend private elementary or secondary schools, or other means. SEC. 5. APPLICATIONS. (a) In General.--A State educational agency seeking to receive a grant under this Act shall provide to the Secretary an application that includes the following: (1) An assurance that the State educational agency will develop and implement a monitoring plan that will enable the State educational agency to ensure that local educational agencies in such State comply with all applicable programmatic and fiscal requirements, including with the use of funds requirements under section 4. (2) An assurance that the State educational agency will support local educational agencies in targeting funding provided under this Act to high-need schools and to support subgroups of students, including low-income students, students with disabilities, English learners, minority children, students experiencing homelessness, children or youth in foster care, migrant children, students involved with the juvenile justice system, or children at risk for academic failure. (3) An assurance that the funds received under this Act will be used to supplement the level of Federal, State, and local public funds that would, in the absence of such Federal funds provided under this Act, be used to support public elementary and public secondary education and not supplant such funds. (4) An assurance that the State educational agency and local educational agencies in such State will provide the reports required under section 7. (5) An assurance that the State educational agency will provide the local educational agencies in such State with the technical assistance and support needed to help avoid unanticipated spending cliffs. (6) An assurance that the State educational agency will take action to ensure that low-income students and minority children enrolled in schools assisted under this section are not served at disproportionate rates by ineffective, out-of- field, or inexperienced teachers, as described in section 1111(g)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)(1)(B)). (7) An assurance the State educational agency will meet the maintenance of effort and equity requirements under section 6. (b) No Further Information or Assurances.--The Secretary may not require information or assurances in addition to the information and assurances required under subsection (a) and section 6 unless such information or assurance is necessary to determine compliance with this Act. SEC. 6. MAINTENANCE OF EFFORT AND EQUITY. (a) State Educational Agency Maintenance of Effort.--As a condition of receiving a grant under this Act for a fiscal year, a State educational agency shall provide to the Secretary an assurance that such State educational agency will, in such fiscal year, provide support for public elementary and public secondary education, including current and capital spending, that bears the same proportion to the overall State budget for such fiscal year as the average amount of such support for school years 2017-2018 and 2018-2019 bears to the average overall State budget for the fiscal years applicable to such school years. (b) Maintenance of Equity.-- (1) State educational agency maintenance of equity for high-need local educational agencies.--As a condition of receiving a grant under this Act for a fiscal year, a State educational agency shall provide to the Secretary an assurance that if any per-pupil reduction in State funding occurs in such fiscal year for any high-need local educational agency in the State, it shall not be more than the overall per-pupil reduction in State funds. (2) State educational agency maintenance of equity for schools with highest share of economically disadvantaged students.--As a condition of receiving a grant under this Act for a fiscal year, a State educational agency shall provide to the Secretary an assurance that the State educational agency will not reduce State funding below fiscal year 2019 levels for the 20 percent of local educational agencies in the State with the highest share of economically disadvantaged students. (3) Local educational agency maintenance of equity for high-poverty schools.--As a condition of receiving a subgrant under this Act for a fiscal year, a local educational agency shall provide to the State educational agency an assurance that-- (A) if any per-pupil reduction in local educational agency funding occurs in such fiscal year for any high- poverty school served by the local educational agency, it shall not be more than the overall per-pupil reduction in local educational agency funds; and (B) the local educational agency will not reduce staffing in any high-poverty school in an amount that is greater than-- (i) the total reduction in staffing in all schools served by the local educational agency, divided by (ii) the total enrollment in such local educational agency. SEC. 7. REPORTING REQUIREMENTS. (a) Reporting Requirements.-- (1) In general.--Not later than 60 days after the date of enactment of this Act, and annually for each subsequent year for which funds are made available under this Act, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Appropriations of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Appropriations of the House of Representatives that includes the following information: (A) The outlying areas to which the Secretary allocated funds under this Act. (B) The outlying areas to which the Secretary did not allocate funds under this Act. (C) The amounts allocated to each outlying area under this Act. (D) The programs operated or funded by the Bureau of Indian Education to which the Secretary, in consultation with the Secretary of the Interior, allocated funds. (E) The programs operated or funded by the Bureau of Indian Education to which the Secretary, in consultation with the Secretary of the Interior, did not allocate funds. (F) The amount allocated to each program operated or funded by the Bureau of Indian Education. (G) The amount allocated to each State educational agency under this Act. (H) A summary of the reports the Secretary received under subsections (b) and (c). (2) Publication.--The Secretary shall make each report submitted under paragraph (1) publicly available on the website of the Department of Education. (b) State Educational Agency Reporting.--Not later than 6 months after the disbursement of subgrants and annually for each subsequent year for which funds are made available under this Act, a State educational agency that receives a grant under this Act shall submit a report to the Secretary that includes the following information: (1) The number and percentage of educator and other staff positions that are eliminated or left unfilled in the State (as reported on the annual report card under paragraph (1) or (2) of section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h))), included in the aggregate and disaggregated by: (A) High-poverty local education agencies and schools compared to low-poverty local education agencies and schools. (B) Local educational agencies and schools serving the highest number and percentage of minority children compared to local education agencies and schools serving the fewest number and percent of minority children. (2) The number and percentage of teaching positions that are eliminated or left unfilled in the State (as reported on the annual report card under paragraph (1) or (2) of section 1111(h) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(h))), included in the aggregate and disaggregated by the following characteristics of the teacher who previously held the position: (A) Race and ethnicity. (B) Certification status (full-certification or provisional certification). (C) Teachers in the first 2 years of teaching. (D) Teachers with 3 or more years of teaching experience. (E) If determined appropriate by the State educational agency, the most recent effectiveness rating with respect to such teacher. (3) The percentage of funds under this Act reserved under section 3(c) and how such funds were spent. (4) A summary of the activities for which the subgrants were used in the State. (5) A summary of how the State educational agency ensured State funding for the 20 percent of local educational agencies in the State with the highest share of economically disadvantaged students remained at or above fiscal year 2019 levels. (6) A summary of how the State educational agency supported local educational agencies in prioritizing subgrants to meet the needs of low-income students, students with disabilities, English learners, minority children, students experiencing homeless, children and youth in foster care, migrant children, students involved with the juvenile justice system, and children at risk for academic failure. (7) The amount allocated by the State educational agency to each local educational agency. (8) A description of grant outcomes, including the extent to which teacher shortages in high-need-fields in high-needs schools remain. (9) A summary of the reports the State educational agency received under subsection (d). (c) Fiscal Accountability.--Not later than 60 days after a State educational agency receives funds under this Act, and annually for each subsequent year for which funds are made available under this Act thereafter, such State educational agency shall submit to the Secretary the following: (1) The number of full-time equivalent employees by category prior to receiving the funds under this Act and the number of full-time equivalent employees by category after receiving such funds. (2) The most current applicable maintenance of effort data available to demonstrate compliance with section 6(a). (3) The most current maintenance of equity data available to demonstrate compliance with section 6(b). (4) A summary of development and implementation of a monitoring plan that will enable the State educational agency to ensure that its local educational agencies comply with all applicable programmatic and fiscal requirements. (d) Local Educational Agency Reporting.--Not later than 1 year after a local educational agency receives a subgrant under section 3(d), and annually for each subsequent year for which funds are made available under this Act thereafter, such local educational agency shall submit a report to the State educational agency that includes the following: (1) A list of the activities for which such subgrant funds were used. (2) A description of the outcomes from the use of such subgrant funds. (3) A summary of how the local educational agency sought to preserve or improve the number of teacher and support staff positions in the local educational agency's highest poverty schools. (4) The per-pupil expenditures (which shall include actual personnel expenditures, including staff salary differentials for years of employment, and actual nonpersonnel expenditures) of State and local education funds for each school served by the agency for the preceding fiscal year, disaggregated by each quartile of students attending the school based on student level of poverty and by each major racial or ethnic group in the school, for the preceding fiscal year. (5) A description of how the local educational agency sought to protect the highest poverty schools from reductions- in-force or hiring freezes. (6) A description of how low-income and minority children are not served at disproportionate rates by ineffective, out- of-field, or inexperienced teachers. (7) A description of how the local educational agency allocated funding to high-need schools to support subgroups of students, including low-income students, students with disabilities, English learners, minority children, students experiencing homelessness, children or youth in foster care, migrant children, students involved with the juvenile justice system, and children at risk for academic failure. (8) The number of full-time equivalent employees by category prior to receiving the subgrant and the number of full time equivalent employees by category after receiving the subgrant. SEC. 8. DEFINITIONS. In this Act: (1) Economically disadvantaged student.--The term ``economically disadvantaged student'' means a student eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (2) Education jobs fund.--The term ``Education Jobs Fund'' means the fund established under section 2(a). (3) ESEA terms.--The terms ``English learner'', ``local educational agency'', ``outlying area'', ``paraprofessional'', ``professional development'', ``school leader'', ``specialized instructional support personnel'', ``Secretary'', ``State'', ``State educational agency'', and ``well-rounded education'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency that has a percentage of economically disadvantaged students that is greater than the median percentage of economically disadvantaged students for all local educational agencies in the State. (5) High-poverty school.--The term ``high-poverty school'' means, with respect to a school served by a local educational agency, a school that serves a higher percentage of economically disadvantaged students than the school that serves the median amount of economically disadvantaged students served by such local educational agency. (6) Overall per-pupil reduction in local educational agency funds.--The term ``overall per-pupil reduction in local educational agency funds'' means, with respect to a fiscal year-- (A) the total reduction in local educational agency funds in such fiscal year provided to all schools served by such local educational agency, divided by (B) the total student enrollment in such schools served by such local educational agency for each school year applicable to such fiscal year. (7) Overall per-pupil reduction in state funds.--The term ``overall per-pupil reduction in State funds'' means, with respect to a fiscal year-- (A) the total reduction in State funds in such fiscal year provided to all local educational agencies in the State, divided by (B) the total student enrollment in such local educational agencies in the State for each school year applicable to such fiscal year. all
H.R. 543 (Introduced in House) - Protecting Our Wealth of Energy Resources Act	https://www.govinfo.gov/content/pkg/BILLS-117hr543ih/html/BILLS-117hr543ih.htm	DOC 117th CONGRESS 1st Session H. R. 543 To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Herrell (for herself, Mr. McCarthy, Mr. Scalise, Mr. Westerman, Mr. Gosar, Mr. Newhouse, Mr. Moore of Utah, Mr. Crawford, Mr. Young, Mr. Owens, Mr. McKinley, Mr. Sessions, Mr. Brady, Mr. Stauber, Mr. Stewart, Mr. Tiffany, Mr. LaMalfa, Mr. Curtis, Mr. Lamborn, Mr. McClintock, Mr. Roy, Mr. Smith of Nebraska, Mr. Reschenthaler, Mr. Calvert, Mrs. Bice of Oklahoma, Mr. Baird, Mr. Mooney, Mr. Rosendale, Mr. Hern, Mrs. Boebert, and Mr. Amodei) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Wealth of Energy Resources Act'' or the ``POWER Act''. SEC. 2. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM ENERGY DEVELOPMENT. (a) Definitions.--In this section: (1) Critical mineral.--The term ``critical mineral'' means any mineral included on the list of critical minerals published in the notice of the Secretary of the Interior entitled ``Final List of Critical Minerals 2018'' (83 Fed. Reg. 23295 (May 18, 2018)). (2) Federal land.-- (A) In general.--The term ``Federal land'' means-- (i) National Forest System land; (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (iii) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and (iv) land managed by the Secretary of Energy. (B) Inclusion.--The term ``Federal land'' includes land described in clauses (i) through (iv) of subparagraph (A) for which the rights to the surface estate or subsurface estate are owned by a non-Federal entity. (3) President.--The term ``President'' means the President or any designee, including-- (A) the Secretary of Agriculture; (B) the Secretary of Energy; and (C) the Secretary of the Interior. (b) Prohibitions.-- (1) In general.--Notwithstanding any other provision of law, the President shall not carry out any action that would prohibit or substantially delay the issuance of any of the following on Federal land, unless such an action has been authorized by an Act of Congress: (A) New oil and gas leases, drill permits, approvals, or authorizations. (B) New coal leases, permits, approvals, or authorizations. (C) New hard rock leases, permits, approvals, or authorizations. (D) New critical minerals leases, permits, approvals, or authorizations. (2) Prohibition on withdrawal.--Notwithstanding any other provision of law, the President shall not withdraw any Federal land from forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, or disposition under laws pertaining to mineral and geothermal leasing or mineral materials unless the withdrawal has been authorized by an Act of Congress. all
H.R. 544 (Introduced in House) - Stop Arctic Ocean Drilling Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr544ih/html/BILLS-117hr544ih.htm	DOC 117th CONGRESS 1st Session H. R. 544 To prohibit drilling in the Arctic Ocean. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Huffman (for himself, Mr. Cleaver, Ms. Pingree, Ms. Barragan, Mr. Beyer, Mr. Lowenthal, Mrs. Watson Coleman, Mr. Casten, Ms. Kuster, Ms. Bonamici, Mr. Blumenauer, Mr. Pocan, Mr. Brendan F. Boyle of Pennsylvania, Mr. Kim of New Jersey, Ms. Velazquez, Ms. Brownley, Ms. Schakowsky, Ms. Jayapal, Mr. Welch, Mr. Panetta, Mr. Foster, Mr. Takano, Mr. Connolly, Mr. Khanna, Mr. Soto, Mr. McEachin, Mrs. Napolitano, Ms. Blunt Rochester, Ms. McCollum, Mr. Langevin, Mr. Tonko, and Mr. Scott of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To prohibit drilling in the Arctic Ocean. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Arctic Ocean Drilling Act of 2021''. SEC. 2. PROHIBITION OF OIL AND GAS LEASING IN ARCTIC OCEAN AREAS OF THE OUTER CONTINENTAL SHELF. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Prohibition of Oil and Gas Leasing in Arctic Planning Area of the Outer Continental Shelf.--Notwithstanding any other provision of this Act or any other law, the Secretary of the Interior shall not issue or renew a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral in the Arctic Ocean, including the Beaufort Sea and Chukchi Sea Planning Areas.''. all
H.R. 545 (Introduced in House) - No Congressional Gun Loophole Act	https://www.govinfo.gov/content/pkg/BILLS-117hr545ih/html/BILLS-117hr545ih.htm	DOC 117th CONGRESS 1st Session H. R. 545 To amend title 40, United States Code, to prevent Members of Congress and their employees from carrying firearms in the Capitol building, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Huffman (for himself, Mr. Levin of California, Mrs. Axne, Mr. Grijalva, Mr. Quigley, Ms. Norton, Ms. Escobar, Mr. Hastings, Miss Rice of New York, Ms. Barragan, Mrs. Watson Coleman, Ms. Scanlon, Mr. Casten, Ms. Castor of Florida, Mrs. Beatty, Mr. Torres of New York, Ms. Chu, Mr. McNerney, Mr. Vargas, Mr. Case, Mr. Auchincloss, Mr. Espaillat, Mr. Carson, Ms. Wasserman Schultz, Ms. Lee of California, Ms. Meng, Mr. Beyer, Mr. Jones, Ms. Wilson of Florida, Ms. Bonamici, Mr. DeSaulnier, Mr. Evans, and Ms. Stevens) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 40, United States Code, to prevent Members of Congress and their employees from carrying firearms in the Capitol building, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Congressional Gun Loophole Act''. SEC. 2. CAPITOL GROUNDS AND BUILDINGS SECURITY. (a) In General.--Section 5104(e)(1) of title 40, United States Code, is amended-- (1) in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and moving the margins 2 ems to the right; (2) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margins 2 ems to the right; (3) by striking ``An individual'' and inserting the following: ``(A) In general.--An individual''; and (4) by adding at the end the following: ``(B) Exception.--Notwithstanding subparagraph (A), the Capitol Police Board may not authorize or permit a Member of Congress or an employee of such Member of Congress to carry on or have readily accessible to such Member or employee a firearm, except a Member or employee may store a firearm in a car owned by such Member or employee that is parked in a garage in the Capitol complex if the Member or employee is in compliance with the firearms laws of the District of Columbia for the lawful possession of such firearm and such firearm is locked with a gun lock while on the Capitol complex.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 15 days after the date of the enactment of this Act. all
H.R. 546 (Engrossed in House) - Effective Assistance of Counsel in the Digital Era Act	https://www.govinfo.gov/content/pkg/BILLS-117hr546eh/html/BILLS-117hr546eh.htm	DOC 117th CONGRESS 1st Session H. R. 546 _______________________________________________________________________ AN ACT To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Assistance of Counsel in the Digital Era Act''. SEC. 2. ELECTRONIC COMMUNICATIONS BETWEEN AN INCARCERATED PERSON AND THE PERSON'S ATTORNEY. (a) Prohibition on Monitoring.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall create a program or system, or modify any program or system that exists on the date of enactment of this Act, through which an incarcerated person sends or receives an electronic communication, to exclude from monitoring the contents of any privileged electronic communication. In the case that the Attorney General creates a program or system in accordance with this subsection, the Attorney General shall, upon implementing such system, discontinue using any program or system that exists on the date of enactment of this Act through which an incarcerated person sends or receives a privileged electronic communication, except that any program or system that exists on such date may continue to be used for any other electronic communication. (b) Retention of Contents.--A program or system or a modification to a program or system under subsection (a) may allow for retention by the Bureau of Prisons of, and access by an incarcerated person to, the contents of electronic communications, including the contents of privileged electronic communications, of the person until the date on which the person is released from prison. (c) Attorney-Client Privilege.--Attorney-client privilege, and the protections and limitations associated with such privilege (including the crime fraud exception), applies to electronic communications sent or received through the program or system established or modified under subsection (a). (d) Accessing Retained Contents.--Contents retained under subsection (b) may only be accessed by a person other than the incarcerated person for whom such contents are retained under the following circumstances: (1) Attorney general.--The Attorney General may only access retained contents if necessary for the purpose of creating and maintaining the program or system, or any modification to the program or system, through which an incarcerated person sends or receives electronic communications. The Attorney General may not review retained contents that are accessed pursuant to this paragraph. (2) Investigative and law enforcement officers.-- (A) Warrant.-- (i) In general.--Retained contents may only be accessed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure. (ii) Approval.--No application for a warrant may be made to a court without the express approval of a United States Attorney or an Assistant Attorney General. (B) Privileged information.-- (i) Review.--Before retained contents may be accessed pursuant to a warrant obtained under subparagraph (A), such contents shall be reviewed by a United States Attorney to ensure that privileged electronic communications are not accessible. (ii) Barring participation.--A United States Attorney who reviews retained contents pursuant to clause (i) shall be barred from-- (I) participating in a legal proceeding in which an individual who sent or received an electronic communication from which such contents are retained under subsection (b) is a defendant; or (II) sharing the retained contents with an attorney who is participating in such a legal proceeding. (3) Motion to suppress.--In a case in which retained contents have been accessed in violation of this subsection, a court may suppress evidence obtained or derived from access to such contents upon motion of the defendant. (e) Definitions.--In this Act-- (1) the term ``agent of an attorney or legal representative'' means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff; (2) the term ``contents'' has the meaning given such term in 2510 of title 18, United States Code; (3) the term ``electronic communication'' has the meaning given such term in section 2510 of title 18, United States Code, and includes the Trust Fund Limited Inmate Computer System; (4) the term ``monitoring'' means accessing the contents of an electronic communication at any time after such communication is sent; (5) the term ``incarcerated person'' means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; and (6) the term ``privileged electronic communication'' means-- (A) any electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of such a person; and (B) any electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A). Passed the House of Representatives February 24, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 546 _______________________________________________________________________ AN ACT To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes.
H.R. 546 (Introduced in House) - Effective Assistance of Counsel in the Digital Era Act	https://www.govinfo.gov/content/pkg/BILLS-117hr546ih/html/BILLS-117hr546ih.htm	DOC 117th CONGRESS 1st Session H. R. 546 To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Jeffries (for himself, Mr. Taylor, Mr. Nadler, Mr. McClintock, Mr. Cicilline, Mr. Bacon, Mr. Neguse, Ms. Mace, and Mr. Armstrong) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Assistance of Counsel in the Digital Era Act''. SEC. 2. ELECTRONIC COMMUNICATIONS BETWEEN AN INCARCERATED PERSON AND THE PERSON'S ATTORNEY. (a) Prohibition on Monitoring.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall create a program or system, or modify any program or system that exists on the date of enactment of this Act, through which an incarcerated person sends or receives an electronic communication, to exclude from monitoring the contents of any privileged electronic communication. In the case that the Attorney General creates a program or system in accordance with this subsection, the Attorney General shall, upon implementing such system, discontinue using any program or system that exists on the date of enactment of this Act through which an incarcerated person sends or receives a privileged electronic communication, except that any program or system that exists on such date may continue to be used for any other electronic communication. (b) Retention of Contents.--A program or system or a modification to a program or system under subsection (a) may allow for retention by the Bureau of Prisons of, and access by an incarcerated person to, the contents of electronic communications, including the contents of privileged electronic communications, of the person until the date on which the person is released from prison. (c) Attorney-Client Privilege.--Attorney-client privilege, and the protections and limitations associated with such privilege (including the crime fraud exception), applies to electronic communications sent or received through the program or system established or modified under subsection (a). (d) Accessing Retained Contents.--Contents retained under subsection (b) may only be accessed by a person other than the incarcerated person for whom such contents are retained under the following circumstances: (1) Attorney general.--The Attorney General may only access retained contents if necessary for the purpose of creating and maintaining the program or system, or any modification to the program or system, through which an incarcerated person sends or receives electronic communications. The Attorney General may not review retained contents that are accessed pursuant to this paragraph. (2) Investigative and law enforcement officers.-- (A) Warrant.-- (i) In general.--Retained contents may only be accessed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure. (ii) Approval.--No application for a warrant may be made to a court without the express approval of a United States Attorney or an Assistant Attorney General. (B) Privileged information.-- (i) Review.--Before retained contents may be accessed pursuant to a warrant obtained under subparagraph (A), such contents shall be reviewed by a United States Attorney to ensure that privileged electronic communications are not accessible. (ii) Barring participation.--A United States Attorney who reviews retained contents pursuant to clause (i) shall be barred from-- (I) participating in a legal proceeding in which an individual who sent or received an electronic communication from which such contents are retained under subsection (b) is a defendant; or (II) sharing the retained contents with an attorney who is participating in such a legal proceeding. (3) Motion to suppress.--In a case in which retained contents have been accessed in violation of this subsection, a court may suppress evidence obtained or derived from access to such contents upon motion of the defendant. (e) Definitions.--In this Act-- (1) the term ``agent of an attorney or legal representative'' means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff; (2) the term ``contents'' has the meaning given such term in 2510 of title 18, United States Code; (3) the term ``electronic communication'' has the meaning given such term in section 2510 of title 18, United States Code, and includes the Trust Fund Limited Inmate Computer System; (4) the term ``monitoring'' means accessing the contents of an electronic communication at any time after such communication is sent; (5) the term ``incarcerated person'' means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; and (6) the term ``privileged electronic communication'' means-- (A) any electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of such a person; and (B) any electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A). all
H.R. 546 (Referred in Senate) - Effective Assistance of Counsel in the Digital Era Act	https://www.govinfo.gov/content/pkg/BILLS-117hr546rfs/html/BILLS-117hr546rfs.htm	DOC 117th CONGRESS 1st Session H. R. 546 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 25, 2021 Received; read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To regulate monitoring of electronic communications between an incarcerated person in a Bureau of Prisons facility and that person's attorney or other legal representative, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Assistance of Counsel in the Digital Era Act''. SEC. 2. ELECTRONIC COMMUNICATIONS BETWEEN AN INCARCERATED PERSON AND THE PERSON'S ATTORNEY. (a) Prohibition on Monitoring.--Not later than 180 days after the date of the enactment of this Act, the Attorney General shall create a program or system, or modify any program or system that exists on the date of enactment of this Act, through which an incarcerated person sends or receives an electronic communication, to exclude from monitoring the contents of any privileged electronic communication. In the case that the Attorney General creates a program or system in accordance with this subsection, the Attorney General shall, upon implementing such system, discontinue using any program or system that exists on the date of enactment of this Act through which an incarcerated person sends or receives a privileged electronic communication, except that any program or system that exists on such date may continue to be used for any other electronic communication. (b) Retention of Contents.--A program or system or a modification to a program or system under subsection (a) may allow for retention by the Bureau of Prisons of, and access by an incarcerated person to, the contents of electronic communications, including the contents of privileged electronic communications, of the person until the date on which the person is released from prison. (c) Attorney-Client Privilege.--Attorney-client privilege, and the protections and limitations associated with such privilege (including the crime fraud exception), applies to electronic communications sent or received through the program or system established or modified under subsection (a). (d) Accessing Retained Contents.--Contents retained under subsection (b) may only be accessed by a person other than the incarcerated person for whom such contents are retained under the following circumstances: (1) Attorney general.--The Attorney General may only access retained contents if necessary for the purpose of creating and maintaining the program or system, or any modification to the program or system, through which an incarcerated person sends or receives electronic communications. The Attorney General may not review retained contents that are accessed pursuant to this paragraph. (2) Investigative and law enforcement officers.-- (A) Warrant.-- (i) In general.--Retained contents may only be accessed by an investigative or law enforcement officer pursuant to a warrant issued by a court pursuant to the procedures described in the Federal Rules of Criminal Procedure. (ii) Approval.--No application for a warrant may be made to a court without the express approval of a United States Attorney or an Assistant Attorney General. (B) Privileged information.-- (i) Review.--Before retained contents may be accessed pursuant to a warrant obtained under subparagraph (A), such contents shall be reviewed by a United States Attorney to ensure that privileged electronic communications are not accessible. (ii) Barring participation.--A United States Attorney who reviews retained contents pursuant to clause (i) shall be barred from-- (I) participating in a legal proceeding in which an individual who sent or received an electronic communication from which such contents are retained under subsection (b) is a defendant; or (II) sharing the retained contents with an attorney who is participating in such a legal proceeding. (3) Motion to suppress.--In a case in which retained contents have been accessed in violation of this subsection, a court may suppress evidence obtained or derived from access to such contents upon motion of the defendant. (e) Definitions.--In this Act-- (1) the term ``agent of an attorney or legal representative'' means any person employed by or contracting with an attorney or legal representative, including law clerks, interns, investigators, paraprofessionals, and administrative staff; (2) the term ``contents'' has the meaning given such term in 2510 of title 18, United States Code; (3) the term ``electronic communication'' has the meaning given such term in section 2510 of title 18, United States Code, and includes the Trust Fund Limited Inmate Computer System; (4) the term ``monitoring'' means accessing the contents of an electronic communication at any time after such communication is sent; (5) the term ``incarcerated person'' means any individual in the custody of the Bureau of Prisons or the United States Marshals Service who has been charged with or convicted of an offense against the United States, including such an individual who is imprisoned in a State institution; and (6) the term ``privileged electronic communication'' means-- (A) any electronic communication between an incarcerated person and a potential, current, or former attorney or legal representative of such a person; and (B) any electronic communication between an incarcerated person and the agent of an attorney or legal representative described in subparagraph (A). Passed the House of Representatives February 24, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 547 (Introduced in House) - Direct Interstate Retail Exemption for Certain Transactions Act	https://www.govinfo.gov/content/pkg/BILLS-117hr547ih/html/BILLS-117hr547ih.htm	DOC 117th CONGRESS 1st Session H. R. 547 To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow for the interstate internet sales of certain State-inspected meat and poultry, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Johnson of South Dakota (for himself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Federal Meat Inspection Act and the Poultry Products Inspection Act to allow for the interstate internet sales of certain State-inspected meat and poultry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Direct Interstate Retail Exemption for Certain Transactions Act'' or the ``DIRECT Act''. SEC. 2. INTERSTATE INTERNET SALES OF CERTAIN STATE-INSPECTED MEAT. (a) In General.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) in subsection (a)(1), by inserting ``or for distribution pursuant to the second sentence of subsection (c)(2)'' before the period at the end; and (2) in subsection (c)(2)-- (A) in the first sentence, by inserting ``or by'' after ``conducted at'' each place it appears; and (B) by inserting after the first sentence the following: ``For the purposes of this paragraph, any retail store, restaurant, or similar retail-type establishment may sell over the internet and ship by carrier in commerce (other than for export to a foreign country) any State-inspected meat or meat food product, provided that the State-inspected meat or meat food product is shipped directly to household consumers and in normal retail quantities.''. (b) Technical Amendments.--Section 301 of the Federal Meat Inspection Act (21 U.S.C. 661) is amended-- (1) by striking ``he'' each place it appears and inserting ``the Secretary''; and (2) in subsection (c)-- (A) in paragraph (1), in the first sentence, by striking ``subparagraph (2)'' and inserting ``paragraph (2)''; (B) in paragraph (2)-- (i) in the first sentence, by striking ``paragraph (c)'' and inserting ``subsection''; and (ii) in the third sentence (as so redesignated), by striking ``subparagraph'' and inserting ``paragraph''; (C) in paragraph (3)-- (i) by striking ``paragraph (c)'' each place it appears and inserting ``subsection''; (ii) by striking ``subparagraph (1)'' and inserting ``paragraph (1)''; and (iii) by striking ``this paragraph'' each place it appears and inserting ``this subsection''; and (D) in paragraph (4), by striking ``paragraph (c)'' and inserting ``subsection''. SEC. 3. INTERSTATE INTERNET SALES OF CERTAIN STATE-INSPECTED POULTRY. (a) In General.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) in subsection (a)(1), by inserting ``or for distribution pursuant to the second sentence of subsection (c)(2)'' before the period at the end; and (2) in subsection (c)(2)-- (A) in the first sentence, by inserting ``or by'' after ``conducted at'' each place it appears; and (B) by inserting after the first sentence the following: ``For the purposes of this paragraph, any retail store, restaurant, or similar retail-type establishment may sell over the internet and ship by carrier in commerce (other than for export to a foreign country) any State-inspected poultry product, provided that the State-inspected poultry product is shipped directly to household consumers and in normal retail quantities.''. (b) Technical Amendments.--Section 5 of the Poultry Products Inspection Act (21 U.S.C. 454) is amended-- (1) by striking ``he'' each place it appears and inserting ``the Secretary''; (2) in subsection (a)(3), in the third sentence, by striking ``subparagraph (4)'' and inserting ``paragraph (4)''; and (3) in subsection (c)-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``subparagraph (2) of this paragraph (c)'' and inserting ``paragraph (2)''; and (ii) in the fourth sentence, by striking ``subparagraph (a)(4) of this section'' and inserting ``subsection (a)(4)''; (B) in paragraph (2)-- (i) in the first sentence, by striking ``paragraph (c)'' and inserting ``subsection''; and (ii) in the third sentence (as so redesignated), by striking ``subparagraph'' and inserting ``paragraph''; (C) in paragraph (3)-- (i) by striking ``subparagraph (1) of this paragraph (c)'' and inserting ``paragraph (1)''; (ii) by striking ``paragraph (c)'' each place it appears and inserting ``subsection''; and (iii) by striking ``this paragraph'' each place it appears and inserting ``this subsection''; and (D) in paragraph (4), by striking ``paragraph (c)'' and inserting ``subsection''. all
H.R. 548 (Introduced in House) - Fast Track Advanced Apprenticeships Now Act	https://www.govinfo.gov/content/pkg/BILLS-117hr548ih/html/BILLS-117hr548ih.htm	DOC 117th CONGRESS 1st Session H. R. 548 To direct the Secretary of Labor to make a determination on whether to approve an occupation as an apprenticeable occupation in a timely manner, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Kim of New Jersey (for himself and Mr. Norcross) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to make a determination on whether to approve an occupation as an apprenticeable occupation in a timely manner, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fast Track Advanced Apprenticeships Now Act''. SEC. 2. NEW APPRENTICEABLE OCCUPATIONS. (a) In General.--The Secretary of Labor shall review and make a determination on whether to approve an occupation as an apprenticeable occupation not later than 45 days after receiving an application from a person seeking such approval from the Secretary. (b) Estimated Timeline.--If such determination is not made within 45 days, the Secretary shall provide the applicant with a written explanation for the delay and offer an estimated timeline for a determination that does not exceed 90 days after the date of such written explanation. SEC. 3. INDUSTRY-RECOGNIZED OCCUPATIONAL STANDARDS. (a) In General.--The Secretary shall convene, on an ongoing basis and taking into consideration recommendations of the National Advisory Committee on Apprenticeships, as authorized under the Act of August 16, 1937 (commonly referred to as the National Apprenticeship Act), the industry sector leaders and experts described in subsection (b) for the purposes of establishing or updating specific frameworks of industry- recognized occupational standards for apprenticeable occupations (including potential apprenticeable occupations) that-- (1) meet the requirements of subpart A of part 29, and part 30 of title 29, Code of Federal Regulations (as in effect on September 18, 2020); and (2) describe program scope and length, related instruction, on-the-job training, recognized postsecondary credentials, and competencies, and relevant timelines for review of such frameworks. (b) Industry Sector Leaders and Experts.--The industry sector leaders and experts are employers, industry associations, joint labor- management organizations, labor organizations, education and training providers, credential providers, program participants, and other stakeholders relevant to the sector or occupation for which the frameworks are being established or updated, as determined by the Secretary. (c) Priority Industry-Recognized Apprenticeable Occupations.--In establishing frameworks under subsection (a) for the first time after the date enactment of this Act, the Secretary shall prioritize the establishment of such standards in high-skill, high-wage, or in-demand industry sectors and occupations. SEC. 4. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' or ``apprenticeship program'' means an apprenticeship-- (A) registered with the Department of Labor under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or a State Apprenticeship Agency recognized by the Department of Labor; and (B) that complies with the requirements of subpart A of part 29, and part 30 of title 29, Code of Federal Regulations (as in effect on September 18, 2020). (2) National apprenticeship system.--The term ``national apprenticeship system'' means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs registered under the Act of August 16, 1937 (commonly referred to as the National Apprenticeship Act). (3) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 5. FUNDING. Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of programs under the national apprenticeship system. all
H.R. 549 (Introduced in House) - STOP Bullying Act	https://www.govinfo.gov/content/pkg/BILLS-117hr549ih/html/BILLS-117hr549ih.htm	DOC 117th CONGRESS 1st Session H. R. 549 To amend the Elementary and Secondary Education Act of 1965 to establish a grant program that will support efforts at the State level to establish anti-bullying task forces to study, address, and reduce bullying in elementary and secondary schools, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Krishnamoorthi (for himself, Mr. Bishop of Georgia, Mr. Suozzi, and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to establish a grant program that will support efforts at the State level to establish anti-bullying task forces to study, address, and reduce bullying in elementary and secondary schools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``STOP Bullying Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Between one in four and one in three students in the United States report being bullied at school, and over 70 percent of young people say they have seen bullying in their schools. (2) Since most instances of bullying take place on school grounds, school staff and teachers play an instrumental role in bullying prevention. (3) Research shows that engaged educators who are supportive of all students help to reduce the overall presence of bullying and harassment on school grounds. (4) 87.3 percent of transgender students report feeling unsafe at school, and nine out of ten students who identify as lesbian, gay, bisexual, transgender, or queer (LGBTQ) report being harassed and bullied every year. (5) Hostile school environments have a detrimental effect on the academic success and health of students. (6) Law in effect before the date of the enactment of this Act does not sufficiently address bullying prevention, and governments and educators in every State have a responsibility to ensure State and local education systems have processes in place for students to be able to learn in a safe environment, regardless of their actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion. SEC. 3. STATE ANTI-BULLYING TASK FORCE REQUIREMENT. Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the following: ``SEC. 8549D. STATE ANTI-BULLYING TASK FORCE GRANTS. ``(a) Anti-Bullying Task Force Grant Program.--The Secretary shall carry out a program to make grants to each State to establish and implement a task force to study, address, and reduce bullying in elementary schools and secondary schools. ``(b) Use of Funds.--Each State task force established under a grant under this section shall use the grant funds to conduct a study on bullying in the elementary schools and secondary schools of such State that includes-- ``(1) policies of the local educational agencies in such State with respect to bullying; ``(2) teacher, parent, and student education with respect to bullying; and ``(3) the incidents of student violence and self-harm as a result of bullying. ``(c) Membership.-- ``(1) Chair.--Each Chief Education Officer of a State shall designate one individual to serve as the chair of the task force of such State. ``(2) Composition.--Each State shall designate at least one individual from each of the following categories to serve on the task force of such State: ``(A) At least one teacher at elementary schools and secondary schools selected in consultation with the union or association representing educators. ``(B) At least one school administrator. ``(C) At least one parent of students. ``(D) At least one K-12 student. ``(E) At least one guidance counselor. ``(F) At least one child psychologist. ``(G) At least one school psychologist. ``(H) At least one paraprofessional. ``(I) At least one lawyer. ``(J) At least one representative from a community- based organization who specializes in providing supportive services to students who identify as lesbian, gay, bisexual, transgender, or queer. ``(K) Professionals who specialize in providing support services to students who identify as lesbian, gay, bisexual, transgender, or queer. ``(L) At least one individual from the Sate Education Agency office focused on school improvement and school climate. ``(M) Additional individuals, as determined by the chair of the task force. ``(3) Terms of members.-- ``(A) In general.--Each member of a task force of State shall be appointed for the duration of the existence of such task force. ``(B) Vacancies.--A vacancy on a task force shall be filled in the manner in which the original designation was made under paragraph (2). ``(4) Discretionary coordination.--A task force of a State may coordinate activities under this section with other boards and commissions of such State. ``(d) Report to Chief Education Officer.-- ``(1) In general.--Not later than 1 year after the date on which the State submits the study required under subsection (b), the State task force of such State shall submit a final report to the Chief Education Officer of such State and the Secretary of Education containing-- ``(A) the annual findings and conclusions of the task force; ``(B) the recommendations of the task force for legislation or administrative actions; and ``(C) best practices with respect to bullying in elementary schools and secondary schools that includes recommendations for how-- ``(i) to address and reduce bullying; ``(ii) to best educate all relevant school staff on recognizing bullying; and ``(iii) parents can best address and discuss with their children the early warning signs of bullying. ``(2) Publication.--Each State task force shall make the final report submitted under paragraph (1) publicly available.''. all
H.R. 54 (Introduced in House) - Farewell to Unnecessary Energy Lifelines Reform Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr54ih/html/BILLS-117hr54ih.htm	DOC 117th CONGRESS 1st Session H. R. 54 To repeal the Department of Agriculture bioenergy subsidy programs and other related subsidy programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committees on Oversight and Reform, and Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To repeal the Department of Agriculture bioenergy subsidy programs and other related subsidy programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farewell to Unnecessary Energy Lifelines Reform Act of 2021'' or the ``FUEL Reform Act''. SEC. 2. REPEAL OF DEPARTMENT OF AGRICULTURE BIOENERGY SUBSIDY PROGRAMS AND OTHER RELATED SUBSIDY PROGRAMS. Title IX of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et seq.) is repealed. all
H.R. 550 (Engrossed in House) - Immunization Infrastructure Modernization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr550eh/html/BILLS-117hr550eh.htm	DOC 117th CONGRESS 1st Session H. R. 550 _______________________________________________________________________ AN ACT To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immunization Infrastructure Modernization Act of 2021''. SEC. 2. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. Subtitle C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end the following: ``SEC. 2824. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. ``(a) Expanding CDC and Public Health Department Capabilities.-- ``(1) In general.--The Secretary shall-- ``(A) conduct activities (including with respect to interoperability, population reporting, and bidirectional reporting) to expand, enhance, and improve immunization information systems that are administered by health departments or other agencies of State, local, Tribal, and territorial governments and used by health care providers; and ``(B) award grants or cooperative agreements to the health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments, for the expansion, enhancement, and improvement of immunization information systems to assist public health departments in-- ``(i) assessing current data infrastructure capabilities and gaps among health care providers to improve and increase consistency in patient matching, data collection, reporting, bidirectional exchange, and analysis of immunization-related information; ``(ii) providing for technical assistance and the efficient enrollment and training of health care providers, including at pharmacies and other settings where immunizations are being provided, such as long-term care facilities, specialty health care providers, community health centers, Federally qualified health centers, rural health centers, organizations serving adults 65 and older, and organizations serving homeless and incarcerated populations; ``(iii) improving secure data collection, transmission, bidirectional exchange, maintenance, and analysis of immunization information; ``(iv) improving the secure bidirectional exchange of immunization record data among Federal, State, local, Tribal, and territorial governmental entities and non-governmental entities, including by-- ``(I) improving such exchange among public health officials in multiple jurisdictions within a State, as appropriate; and ``(II) by simplifying and supporting electronic reporting by any health care provider; ``(v) supporting the standardization of immunization information systems to accelerate interoperability with health information technology, including with health information technology certified under section 3001(c)(5) or with health information networks; ``(vi) supporting adoption of the immunization information system functional standards of the Centers for Disease Control and Prevention and the maintenance of security standards to protect individually identifiable health information; ``(vii) supporting and training immunization information system, data science, and informatics personnel; ``(viii) supporting real-time immunization record data exchange and reporting, to support rapid identification of immunization coverage gaps; ``(ix) improving completeness of data by facilitating the capability of immunization information systems to exchange data, directly or indirectly, with immunization information systems in other jurisdictions; ``(x) enhancing the capabilities of immunization information systems to evaluate, forecast, and operationalize clinical decision support tools in alignment with the recommendations of the Advisory Committee on Immunization Practices as approved by the Director of the Centers for Disease Control and Prevention; ``(xi) supporting the development and implementation of policies that facilitate complete population-level capture, consolidation, and access to accurate immunization information; ``(xii) supporting the procurement and implementation of updated software, hardware, and cloud storage to adequately manage information volume and capabilities; ``(xiii) supporting expansion of capabilities within immunization information systems for outbreak response; ``(xiv) supporting activities within the applicable jurisdiction related to the management, distribution, and storage of vaccine doses and ancillary supplies; ``(xv) developing information related to the use and importance of immunization record data and disseminating such information to health care providers and other persons authorized under State law to access such information, including payors and health care facilities; or ``(xvi) supporting activities to improve the scheduling and administration of vaccinations. ``(2) Data standards.--In carrying out paragraph (1), the Secretary shall-- ``(A) designate data and technology standards that must be followed by governmental entities with respect to use of immunization information systems as a condition of receiving an award under this section, with priority given to standards developed by-- ``(i) consensus-based organizations with input from the public; and ``(ii) voluntary consensus-based standards bodies; and ``(B) support a means of independent verification of the standards used in carrying out paragraph (1). ``(3) Public-private partnerships.--In carrying out paragraph (1), the Secretary may develop and utilize contracts and cooperative agreements for technical assistance, training, and related implementation support. ``(b) Requirements.-- ``(1) Health information technology standards.--The Secretary may not award a grant or cooperative agreement under subsection (a)(1)(B) unless the applicant uses and agrees to use standards adopted by the Secretary under section 3004. ``(2) Waiver.--The Secretary may waive the requirement under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B) cannot otherwise be carried out within the applicable jurisdiction. ``(3) Application.--A State, local, Tribal, or territorial health department applying for a grant or cooperative agreement under subsection (a)(1)(B) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include information describing-- ``(A) the activities that will be supported by the grant or cooperative agreement; and ``(B) how the modernization of the immunization information systems involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if any, and the actions needed to address such gaps. ``(c) Strategy and Implementation Plan.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measures the Secretary will utilize to-- ``(1) update and improve immunization information systems supported by the Centers for Disease Control and Prevention; and ``(2) carry out the activities described in this section to support the expansion, enhancement, and improvement of State, local, Tribal, and territorial immunization information systems. ``(d) Consultation; Technical Assistance.-- ``(1) Consultation.--In developing the strategy and implementation plan under subsection (c), the Secretary shall consult with-- ``(A) health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments; ``(B) professional medical associations, public health associations, and associations representing pharmacists and pharmacies; ``(C) community health centers, long-term care facilities, and other appropriate entities that provide immunizations; ``(D) health information technology experts; and ``(E) other public or private entities, as appropriate. ``(2) Technical assistance.--In connection with consultation under paragraph (1), the Secretary may-- ``(A) provide technical assistance, certification, and training related to the exchange of information by immunization information systems used by health care and public health entities at the local, State, Federal, Tribal, and territorial levels; and ``(B) develop and utilize public-private partnerships for implementation support applicable to this section. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes-- ``(1) a description of any barriers to-- ``(A) public health authorities implementing interoperable immunization information systems; ``(B) the exchange of information pursuant to immunization records; or ``(C) reporting by any health care professional authorized under State law, using such immunization information systems, as appropriate, and pursuant to State law; or ``(2) a description of barriers that hinder the effective establishment of a network to support immunization reporting and monitoring, including a list of recommendations to address such barriers; and ``(3) an assessment of immunization coverage and access to immunizations services and any disparities and gaps in such coverage and access for medically underserved, rural, and frontier areas. ``(f) Definition.--In this section, the term `immunization information system' means a confidential, population-based, computerized database that records immunization doses administered by any health care provider to persons within the geographic area covered by that database. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $400,000,000, to remain available until expended.''. Passed the House of Representatives November 30, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 550 _______________________________________________________________________ AN ACT To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes.
H.R. 550 (Introduced in House) - Immunization Infrastructure Modernization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr550ih/html/BILLS-117hr550ih.htm	DOC 117th CONGRESS 1st Session H. R. 550 To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Kuster (for herself and Mr. Bucshon) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immunization Infrastructure Modernization Act of 2021''. SEC. 2. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. Subtitle C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end the following: ``SEC. 2823. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. ``(a) Expanding CDC and Public Health Department Capabilities.-- ``(1) In general.--The Secretary shall-- ``(A) conduct activities (including with respect to interoperability, population reporting, and bidirectional reporting) to expand, enhance, and improve immunization information systems that are administered by health departments or other agencies of State, local, Tribal, and territorial governments and used by health care providers; and ``(B) award grants or cooperative agreements to the health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments, for the expansion, enhancement, and improvement of immunization information systems to assist public health departments in-- ``(i) assessing current data infrastructure capabilities and gaps among health care providers to improve and increase consistency in patient matching, data collection, reporting, bidirectional exchange, and analysis of immunization-related information; ``(ii) providing for the efficient enrollment and training of health care providers, including at pharmacies and other settings where immunizations are being provided, such as long-term care facilities, specialty health care providers, community health centers, Federally qualified health centers, rural health centers, organizations serving adults 65 and older, and organizations serving homeless and incarcerated populations; ``(iii) improving secure data collection, transmission, bidirectional exchange, maintenance, and analysis of immunization information; ``(iv) improving the secure bidirectional exchange of immunization record data among Federal, State, local, Tribal, and territorial governmental entities and non-governmental entities, including by-- ``(I) improving such exchange among public health officials in multiple jurisdictions within a State, as appropriate; and ``(II) by simplifying and supporting electronic reporting by any health care provider; ``(v) supporting the standardization of immunization information systems to accelerate interoperability with health information technology, including with health information technology certified under section 3001(c)(5) or with health information networks; ``(vi) supporting adoption of the immunization information system functional standards of the Centers for Disease Control and Prevention and the maintenance of security standards to protect individually identifiable health information as defined in section 160.103 of title 45, Code of Federal Regulations (or any successor regulations); ``(vii) supporting and training immunization information system, data science, and informatics personnel; ``(viii) supporting real-time immunization record data exchange and reporting, to support rapid identification of immunization coverage gaps; ``(ix) improving completeness of data by facilitating the capability of immunization information systems to exchange data, directly or indirectly, with immunization information systems in other jurisdictions; ``(x) enhancing the capabilities of immunization information systems to evaluate, forecast, and operationalize clinical decision support tools in alignment with the recommendations of the Advisory Committee on Immunization Practices as approved by the Director of the Centers for Disease Control and Prevention; ``(xi) supporting the development and implementation of policies that facilitate complete population-level capture, consolidation, and access to accurate immunization information; ``(xii) supporting the procurement and implementation of updated software, hardware, and cloud storage to adequately manage information volume and capabilities; ``(xiii) supporting expansion of capabilities within immunization information systems for outbreak response; ``(xiv) supporting activities within the applicable jurisdiction related to the management, distribution, and storage of vaccine doses and ancillary supplies; and ``(xv) developing information related to the use and importance of immunization record data and disseminating such information to health care providers and other persons authorized under State law to access such information, including payors and health care facilities. ``(2) Data standards.--In carrying out paragraph (1), the Secretary shall-- ``(A) designate data and technology standards that must be followed by governmental entities with respect to use of immunization information systems as a condition of receiving an award under this section, with priority given to standards developed by-- ``(i) consensus-based organizations with input from the public; and ``(ii) voluntary consensus-based standards bodies; and ``(B) support a means of independent verification of the standards used in carrying out paragraph (1). ``(3) Public-private partnerships.--In carrying out paragraph (1), the Secretary may develop and utilize contracts and cooperative agreements for technical assistance, training, and related implementation support. ``(b) Requirements.-- ``(1) Health information technology standards.--The Secretary may not award a grant or cooperative agreement under subsection (a)(1)(B) unless the applicant uses and agrees to use standards adopted by the Secretary under section 3004. ``(2) Waiver.--The Secretary may waive the requirement under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B) cannot otherwise be carried out within the applicable jurisdiction. ``(3) Application.--A State, local, Tribal, or territorial health department applying for a grant or cooperative agreement under subsection (a)(1)(B) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include information describing-- ``(A) the activities that will be supported by the grant or cooperative agreement; and ``(B) how the modernization of the immunization information systems involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if any, and the actions needed to address such gaps. ``(c) Strategy and Implementation Plan.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measures the Secretary will utilize to-- ``(1) update and improve immunization information systems supported by the Centers for Disease Control and Prevention; and ``(2) carry out the activities described in this section to support the expansion, enhancement, and improvement of State, local, Tribal, and territorial immunization information systems. ``(d) Consultation; Technical Assistance.-- ``(1) Consultation.--In developing the strategy and implementation plan under subsection (c), the Secretary shall consult with-- ``(A) health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments; ``(B) professional medical, associations, public health associations, and associations representing pharmacists and pharmacies; ``(C) community health centers, long-term care facilities, and other appropriate entities that provide immunizations; ``(D) health information technology experts; and ``(E) other public or private entities, as appropriate. ``(2) Technical assistance.--In connection with consultation under paragraph (1), the Secretary may-- ``(A) provide technical assistance, certification, and training related to the exchange of information by immunization information systems used by health care and public health entities at the local, State, Federal, Tribal, and territorial levels; and ``(B) develop and utilize public-private partnerships for implementation support applicable to this section. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes-- ``(1) a description of any barriers to-- ``(A) public health authorities implementing interoperable immunization information systems; ``(B) the exchange of information pursuant to immunization records; or ``(C) reporting by any health care professional authorized under State law, using such immunization information systems, as appropriate, and pursuant to State law; or ``(2) a description of barriers that hinder the effective establishment of a network to support immunization reporting and monitoring, including a list of recommendations to address such barriers; and ``(3) an assessment of immunization coverage and access to immunizations services and any disparities and gaps in such coverage and access for medically underserved, rural, and frontier areas. ``(f) Definition.--In this section, the term `immunization information system' means a confidential, population-based, computerized database that records immunization doses administered by any health care provider to persons within the geographic area covered by that database. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $400,000,000, to remain available until expended.''. all
H.R. 550 (Referred in Senate) - Immunization Infrastructure Modernization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr550rfs/html/BILLS-117hr550rfs.htm	DOC 117th CONGRESS 1st Session H. R. 550 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES December 1, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immunization Infrastructure Modernization Act of 2021''. SEC. 2. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. Subtitle C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end the following: ``SEC. 2824. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. ``(a) Expanding CDC and Public Health Department Capabilities.-- ``(1) In general.--The Secretary shall-- ``(A) conduct activities (including with respect to interoperability, population reporting, and bidirectional reporting) to expand, enhance, and improve immunization information systems that are administered by health departments or other agencies of State, local, Tribal, and territorial governments and used by health care providers; and ``(B) award grants or cooperative agreements to the health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments, for the expansion, enhancement, and improvement of immunization information systems to assist public health departments in-- ``(i) assessing current data infrastructure capabilities and gaps among health care providers to improve and increase consistency in patient matching, data collection, reporting, bidirectional exchange, and analysis of immunization-related information; ``(ii) providing for technical assistance and the efficient enrollment and training of health care providers, including at pharmacies and other settings where immunizations are being provided, such as long-term care facilities, specialty health care providers, community health centers, Federally qualified health centers, rural health centers, organizations serving adults 65 and older, and organizations serving homeless and incarcerated populations; ``(iii) improving secure data collection, transmission, bidirectional exchange, maintenance, and analysis of immunization information; ``(iv) improving the secure bidirectional exchange of immunization record data among Federal, State, local, Tribal, and territorial governmental entities and non-governmental entities, including by-- ``(I) improving such exchange among public health officials in multiple jurisdictions within a State, as appropriate; and ``(II) by simplifying and supporting electronic reporting by any health care provider; ``(v) supporting the standardization of immunization information systems to accelerate interoperability with health information technology, including with health information technology certified under section 3001(c)(5) or with health information networks; ``(vi) supporting adoption of the immunization information system functional standards of the Centers for Disease Control and Prevention and the maintenance of security standards to protect individually identifiable health information; ``(vii) supporting and training immunization information system, data science, and informatics personnel; ``(viii) supporting real-time immunization record data exchange and reporting, to support rapid identification of immunization coverage gaps; ``(ix) improving completeness of data by facilitating the capability of immunization information systems to exchange data, directly or indirectly, with immunization information systems in other jurisdictions; ``(x) enhancing the capabilities of immunization information systems to evaluate, forecast, and operationalize clinical decision support tools in alignment with the recommendations of the Advisory Committee on Immunization Practices as approved by the Director of the Centers for Disease Control and Prevention; ``(xi) supporting the development and implementation of policies that facilitate complete population-level capture, consolidation, and access to accurate immunization information; ``(xii) supporting the procurement and implementation of updated software, hardware, and cloud storage to adequately manage information volume and capabilities; ``(xiii) supporting expansion of capabilities within immunization information systems for outbreak response; ``(xiv) supporting activities within the applicable jurisdiction related to the management, distribution, and storage of vaccine doses and ancillary supplies; ``(xv) developing information related to the use and importance of immunization record data and disseminating such information to health care providers and other persons authorized under State law to access such information, including payors and health care facilities; or ``(xvi) supporting activities to improve the scheduling and administration of vaccinations. ``(2) Data standards.--In carrying out paragraph (1), the Secretary shall-- ``(A) designate data and technology standards that must be followed by governmental entities with respect to use of immunization information systems as a condition of receiving an award under this section, with priority given to standards developed by-- ``(i) consensus-based organizations with input from the public; and ``(ii) voluntary consensus-based standards bodies; and ``(B) support a means of independent verification of the standards used in carrying out paragraph (1). ``(3) Public-private partnerships.--In carrying out paragraph (1), the Secretary may develop and utilize contracts and cooperative agreements for technical assistance, training, and related implementation support. ``(b) Requirements.-- ``(1) Health information technology standards.--The Secretary may not award a grant or cooperative agreement under subsection (a)(1)(B) unless the applicant uses and agrees to use standards adopted by the Secretary under section 3004. ``(2) Waiver.--The Secretary may waive the requirement under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B) cannot otherwise be carried out within the applicable jurisdiction. ``(3) Application.--A State, local, Tribal, or territorial health department applying for a grant or cooperative agreement under subsection (a)(1)(B) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include information describing-- ``(A) the activities that will be supported by the grant or cooperative agreement; and ``(B) how the modernization of the immunization information systems involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if any, and the actions needed to address such gaps. ``(c) Strategy and Implementation Plan.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measures the Secretary will utilize to-- ``(1) update and improve immunization information systems supported by the Centers for Disease Control and Prevention; and ``(2) carry out the activities described in this section to support the expansion, enhancement, and improvement of State, local, Tribal, and territorial immunization information systems. ``(d) Consultation; Technical Assistance.-- ``(1) Consultation.--In developing the strategy and implementation plan under subsection (c), the Secretary shall consult with-- ``(A) health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments; ``(B) professional medical associations, public health associations, and associations representing pharmacists and pharmacies; ``(C) community health centers, long-term care facilities, and other appropriate entities that provide immunizations; ``(D) health information technology experts; and ``(E) other public or private entities, as appropriate. ``(2) Technical assistance.--In connection with consultation under paragraph (1), the Secretary may-- ``(A) provide technical assistance, certification, and training related to the exchange of information by immunization information systems used by health care and public health entities at the local, State, Federal, Tribal, and territorial levels; and ``(B) develop and utilize public-private partnerships for implementation support applicable to this section. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes-- ``(1) a description of any barriers to-- ``(A) public health authorities implementing interoperable immunization information systems; ``(B) the exchange of information pursuant to immunization records; or ``(C) reporting by any health care professional authorized under State law, using such immunization information systems, as appropriate, and pursuant to State law; or ``(2) a description of barriers that hinder the effective establishment of a network to support immunization reporting and monitoring, including a list of recommendations to address such barriers; and ``(3) an assessment of immunization coverage and access to immunizations services and any disparities and gaps in such coverage and access for medically underserved, rural, and frontier areas. ``(f) Definition.--In this section, the term `immunization information system' means a confidential, population-based, computerized database that records immunization doses administered by any health care provider to persons within the geographic area covered by that database. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $400,000,000, to remain available until expended.''. Passed the House of Representatives November 30, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 550 (Reported in House) - Immunization Infrastructure Modernization Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr550rh/html/BILLS-117hr550rh.htm	DOC Union Calendar No. 128 117th CONGRESS 1st Session H. R. 550 To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Kuster (for herself and Mr. Bucshon) introduced the following bill; which was referred to the Committee on Energy and Commerce November 30, 2021 Additional sponsors: Mr. Baird, Ms. Williams of Georgia, Mrs. Demings, Ms. Lois Frankel of Florida, Mr. Bera, Ms. Underwood, Mr. Levin of California, Ms. Sewell, Ms. Schrier, Mr. McKinley, Mr. Fitzpatrick, Mr. Ruiz, and Ms. Castor of Florida November 30, 2021 Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immunization Infrastructure Modernization Act of 2021''. SEC. 2. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. Subtitle C of title XXVIII of the Public Health Service Act (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end the following: ``SEC. 2824. IMMUNIZATION INFORMATION SYSTEM DATA MODERNIZATION AND EXPANSION. ``(a) Expanding CDC and Public Health Department Capabilities.-- ``(1) In general.--The Secretary shall-- ``(A) conduct activities (including with respect to interoperability, population reporting, and bidirectional reporting) to expand, enhance, and improve immunization information systems that are administered by health departments or other agencies of State, local, Tribal, and territorial governments and used by health care providers; and ``(B) award grants or cooperative agreements to the health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments, for the expansion, enhancement, and improvement of immunization information systems to assist public health departments in-- ``(i) assessing current data infrastructure capabilities and gaps among health care providers to improve and increase consistency in patient matching, data collection, reporting, bidirectional exchange, and analysis of immunization-related information; ``(ii) providing for technical assistance and the efficient enrollment and training of health care providers, including at pharmacies and other settings where immunizations are being provided, such as long-term care facilities, specialty health care providers, community health centers, Federally qualified health centers, rural health centers, organizations serving adults 65 and older, and organizations serving homeless and incarcerated populations; ``(iii) improving secure data collection, transmission, bidirectional exchange, maintenance, and analysis of immunization information; ``(iv) improving the secure bidirectional exchange of immunization record data among Federal, State, local, Tribal, and territorial governmental entities and non-governmental entities, including by-- ``(I) improving such exchange among public health officials in multiple jurisdictions within a State, as appropriate; and ``(II) by simplifying and supporting electronic reporting by any health care provider; ``(v) supporting the standardization of immunization information systems to accelerate interoperability with health information technology, including with health information technology certified under section 3001(c)(5) or with health information networks; ``(vi) supporting adoption of the immunization information system functional standards of the Centers for Disease Control and Prevention and the maintenance of security standards to protect individually identifiable health information; ``(vii) supporting and training immunization information system, data science, and informatics personnel; ``(viii) supporting real-time immunization record data exchange and reporting, to support rapid identification of immunization coverage gaps; ``(ix) improving completeness of data by facilitating the capability of immunization information systems to exchange data, directly or indirectly, with immunization information systems in other jurisdictions; ``(x) enhancing the capabilities of immunization information systems to evaluate, forecast, and operationalize clinical decision support tools in alignment with the recommendations of the Advisory Committee on Immunization Practices as approved by the Director of the Centers for Disease Control and Prevention; ``(xi) supporting the development and implementation of policies that facilitate complete population-level capture, consolidation, and access to accurate immunization information; ``(xii) supporting the procurement and implementation of updated software, hardware, and cloud storage to adequately manage information volume and capabilities; ``(xiii) supporting expansion of capabilities within immunization information systems for outbreak response; ``(xiv) supporting activities within the applicable jurisdiction related to the management, distribution, and storage of vaccine doses and ancillary supplies; ``(xv) developing information related to the use and importance of immunization record data and disseminating such information to health care providers and other persons authorized under State law to access such information, including payors and health care facilities; or ``(xvi) supporting activities to improve the scheduling and administration of vaccinations. ``(2) Data standards.--In carrying out paragraph (1), the Secretary shall-- ``(A) designate data and technology standards that must be followed by governmental entities with respect to use of immunization information systems as a condition of receiving an award under this section, with priority given to standards developed by-- ``(i) consensus-based organizations with input from the public; and ``(ii) voluntary consensus-based standards bodies; and ``(B) support a means of independent verification of the standards used in carrying out paragraph (1). ``(3) Public-private partnerships.--In carrying out paragraph (1), the Secretary may develop and utilize contracts and cooperative agreements for technical assistance, training, and related implementation support. ``(b) Requirements.-- ``(1) Health information technology standards.--The Secretary may not award a grant or cooperative agreement under subsection (a)(1)(B) unless the applicant uses and agrees to use standards adopted by the Secretary under section 3004. ``(2) Waiver.--The Secretary may waive the requirement under paragraph (1) with respect to an applicant if the Secretary determines that the activities under subsection (a)(1)(B) cannot otherwise be carried out within the applicable jurisdiction. ``(3) Application.--A State, local, Tribal, or territorial health department applying for a grant or cooperative agreement under subsection (a)(1)(B) shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include information describing-- ``(A) the activities that will be supported by the grant or cooperative agreement; and ``(B) how the modernization of the immunization information systems involved will support or impact the public health infrastructure of the health department, including a description of remaining gaps, if any, and the actions needed to address such gaps. ``(c) Strategy and Implementation Plan.--Not later than 90 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measures the Secretary will utilize to-- ``(1) update and improve immunization information systems supported by the Centers for Disease Control and Prevention; and ``(2) carry out the activities described in this section to support the expansion, enhancement, and improvement of State, local, Tribal, and territorial immunization information systems. ``(d) Consultation; Technical Assistance.-- ``(1) Consultation.--In developing the strategy and implementation plan under subsection (c), the Secretary shall consult with-- ``(A) health departments, or such other governmental entities as administer immunization information systems, of State, local, Tribal, and territorial governments; ``(B) professional medical, associations, public health associations, and associations representing pharmacists and pharmacies; ``(C) community health centers, long-term care facilities, and other appropriate entities that provide immunizations; ``(D) health information technology experts; and ``(E) other public or private entities, as appropriate. ``(2) Technical assistance.--In connection with consultation under paragraph (1), the Secretary may-- ``(A) provide technical assistance, certification, and training related to the exchange of information by immunization information systems used by health care and public health entities at the local, State, Federal, Tribal, and territorial levels; and ``(B) develop and utilize public-private partnerships for implementation support applicable to this section. ``(e) Report to Congress.--Not later than 1 year after the date of enactment of this section, the Secretary shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives that includes-- ``(1) a description of any barriers to-- ``(A) public health authorities implementing interoperable immunization information systems; ``(B) the exchange of information pursuant to immunization records; or ``(C) reporting by any health care professional authorized under State law, using such immunization information systems, as appropriate, and pursuant to State law; or ``(2) a description of barriers that hinder the effective establishment of a network to support immunization reporting and monitoring, including a list of recommendations to address such barriers; and ``(3) an assessment of immunization coverage and access to immunizations services and any disparities and gaps in such coverage and access for medically underserved, rural, and frontier areas. ``(f) Definition.--In this section, the term `immunization information system' means a confidential, population-based, computerized database that records immunization doses administered by any health care provider to persons within the geographic area covered by that database. ``(g) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $400,000,000, to remain available until expended.''. Union Calendar No. 128 117th CONGRESS 1st Session H. R. 550 _______________________________________________________________________ A BILL To amend the Public Health Service Act with respect to immunization system data modernization and expansion, and for other purposes. _______________________________________________________________________ November 30, 2021 Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 551 (Introduced in House) - Energy Debt Relief for American Families Act	https://www.govinfo.gov/content/pkg/BILLS-117hr551ih/html/BILLS-117hr551ih.htm	DOC 117th CONGRESS 1st Session H. R. 551 To amend the Low-Income Home Energy Assistance Act of 1981 to provide for supplemental assistance for COVID-19 relief, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Kuster (for herself, Mr. Welch, Mrs. Trahan, Mr. Garcia of Illinois, Mrs. Dingell, Ms. Wasserman Schultz, Mr. Jones, Mr. Brendan F. Boyle of Pennsylvania, Ms. Norton, Mr. McNerney, Ms. Sewell, Mr. Tonko, Mr. Cleaver, Mr. Keating, Ms. Blunt Rochester, Ms. Matsui, Mr. Cohen, and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Low-Income Home Energy Assistance Act of 1981 to provide for supplemental assistance for COVID-19 relief, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Debt Relief for American Families Act''. SEC. 2. ENERGY DEBT RELIEF FOR AMERICAN FAMILIES PROGRAM. (a) Authorization.--Section 2602 of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621) is amended by adding at the end the following: ``(f) There is authorized to be appropriated for payments under this title, in addition to amounts appropriated for distribution to all the States in accordance with section 2604 or to carry out section 2607A, $10,000,000,000 for allocation to States under section 2607C.''. (b) Supplemental Allotments for COVID-19 Relief.--The Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) is amended by inserting after section 2607B the following: ``SEC. 2607C. SUPPLEMENTAL ALLOTMENTS FOR COVID-19 RELIEF. ``(a) Allotment of Funds.--The Secretary may allocate amounts appropriated under section 2602(f) to provide supplementary funds to States to assist eligible households in accordance with this section. ``(b) Formula for Distribution.--Distribution of amounts made available under this section shall be based on a formula developed by the Secretary that provides funding to States based on-- ``(1) the amount allotted to the State under this title, other than section 2607A, in fiscal year 2021; and ``(2) the average unemployment rate in the State from January 31, 2020, through December 31, 2020. ``(c) Use of Funds.-- ``(1) Assistance.--A State may use funds allocated to the State under this section to help eligible households in the State maintain home energy or electricity service, by providing to such households, in accordance with the plan submitted by the State under paragraph (2), 100 percent of the amount of any utility bill incurred during the COVID-19 pandemic that is in arrears. ``(2) Plan for disbursement.--Not later than 60 days after the date of enactment of this section, each State shall submit to the Secretary a plan for providing assistance under paragraph (1) that prioritizes the restoration of terminated service and the prevention of service terminations, taking into consideration the total amount of debt in arrears of eligible households and any other factors that the State finds relevant. ``(3) Administrative expenses.--A State may use not more than 15 percent of funds allocated to the State under this section for administrative expenses related to providing assistance under paragraph (1). ``(d) Definitions.--In this section: ``(1) Eligible household.--The term `eligible household' means a household with a utility bill incurred during the COVID-19 pandemic that certifies to the State (including through proof of job loss of a member of the household, such as a layoff or furlough notice or verification of application for unemployment benefits) that it cannot pay such utility bill because of economic distress caused by the COVID-19 pandemic. ``(2) Utility bill.--The term `utility bill' means a bill charged to a household for home energy or electricity service. ``(3) Utility bill incurred during the covid-19 pandemic.-- The term `utility bill incurred during the COVID-19 pandemic' means a utility bill for service provided during the period during which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19 (or any renewal of that declaration), is in effect. ``(e) Termination.-- ``(1) Date.--The authority of the Secretary to allocate funds under this section, and the authority of a State to use such funds under subsection (c), shall expire on the date that is 1 year after the date of enactment of this section. ``(2) Remaining funds.-- ``(A) Unallocated funds.--The Secretary may not allocate or otherwise use any funds appropriated under section 2602(f) that have not been allocated under this section by the date described in paragraph (1). ``(B) Unused funds.--A State to which funds have been allocated under this section shall use any such funds, which have not been used under subsection (c) by the date described in paragraph (1), in the same manner as amounts allotted to the State under section 2604.''. (c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report describing-- (1) the number of households in each State that received assistance under subsection (c)(1) of section 2607C of the Low- Income Home Energy Assistance Act of 1981, and demographic information for such households, to the extent such information is available; (2) the total amount of assistance provided to households in each State under such subsection (c)(1); (3) the total amount of funds used by States under subsection (c)(3) of such section 2607C; and (4) any other information relating to the implementation and effectiveness of such section, as determined appropriate by the Secretary. all
H.R. 552 (Introduced in House) - Second Chance at Life Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr552ih/html/BILLS-117hr552ih.htm	DOC 117th CONGRESS 1st Session H. R. 552 To ensure that a woman seeking a chemical abortion is informed that it may be possible to reverse the intended effects of the abortion if the woman changes her mind, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Lamborn (for himself, Mr. Pfluger, Mr. Allen, Mr. Duncan, Mr. Wittman, Mr. Norman, Mr. Babin, Mr. Kelly of Pennsylvania, Mr. Budd, Mr. Grothman, Mr. Mooney, Mr. Baird, Mr. Fleischmann, Mr. Banks, Mr. Luetkemeyer, Mr. Rogers of Alabama, Mr. Murphy of North Carolina, Mr. Huizenga, Mr. Estes, Mr. Jordan, Mr. LaMalfa, Mr. Cawthorn, Mr. Weber of Texas, Mr. Gibbs, Mr. Kelly of Mississippi, Mr. Joyce of Pennsylvania, Mrs. Harshbarger, Mr. Wright, Mr. Smucker, Mr. Wenstrup, Mr. Westerman, Mr. Latta, Mr. Bacon, Mr. Rutherford, Mr. Williams of Texas, Mr. Carl, Mrs. Lesko, Mr. Moore of Alabama, Mr. Gaetz, Mr. Good of Virginia, Mr. Harris, Mr. Moolenaar, Mr. McHenry, Mr. Guest, Mr. Rosendale, Ms. Herrell, Mr. Bilirakis, Mr. C. Scott Franklin of Florida, Mr. LaTurner, Mr. Hern, Mr. Kustoff, Mr. Reschenthaler, Mr. Johnson of Louisiana, Mr. Hice of Georgia, Mr. Biggs, Mrs. Boebert, Mr. Cloud, Mr. Wilson of South Carolina, Mr. Steube, Mr. Jackson, and Mr. Mast) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To ensure that a woman seeking a chemical abortion is informed that it may be possible to reverse the intended effects of the abortion if the woman changes her mind, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Chance at Life Act of 2021''. SEC. 2. ABORTION PILL REVERSAL INFORMED CONSENT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--ABORTION PILL REVERSAL INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion provider.--The term `abortion provider' means any person licensed to perform a chemical abortion under applicable Federal and State laws. ``(2) Chemical abortion.--The term `chemical abortion' means the use or prescription of an abortion-inducing drug dispensed with the intent to cause the death of the unborn child. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3402. ABORTION PILL REVERSAL INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Effective 30 days after the date of enactment of the Second Chance at Life Act of 2021, any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any chemical abortion, shall comply with the requirements of this title. ``(b) Informed Consent.--Except in the case of a medical emergency described in section 3403, a chemical abortion involving the two drug process of dispensing mifepristone first and then misoprostol shall not be performed or induced or attempted to be performed or induced without the following: ``(1) The woman is informed, by telephone or in person, by the physician who is to perform the chemical abortion, by a referring physician, or by an agent of either physician at least 24 hours before the chemical abortion, that-- ``(A) it may be possible to reverse the intended effects of a mifepristone-induced chemical abortion if the woman changes her mind but that time is of the essence; and ``(B) information on and assistance with reversing the effects of a mifepristone-induced chemical abortion is available on the website of the Department of Health and Human Services required by section 3405(b). ``(2) After the first drug involved in the two drug process is dispensed in a mifepristone-induced chemical abortion, the physician shall provide written medical discharge instructions to the pregnant woman which must include the statement: ```Recent developing research has indicated that mifepristone alone is not always effective in ending a pregnancy. It may be possible to avoid, cease, or even to reverse the intended effects of a mifepristone-induced chemical abortion if the second pill has not been taken. Please consult with a health care professional immediately.'. ``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. ``SEC. 3404. SIGN POSTING. ``(a) Posting.--Any private office, freestanding surgical outpatient clinic or other facility, or clinic in which chemical abortions, other than abortions necessary in the case of a medical emergency described in section 3403, are performed shall conspicuously post a sign (in a location as described in subsection (c) so as to be clearly visible to patients) which reads: ```Research has indicated that mifepristone alone is not always effective in ending a pregnancy and that its effects can be blocked or reversed if the second pill has not yet been taken. If you change your mind prior to taking the second pill and desire to attempt to save your pregnancy, consult with a health care professional immediately.'. ``(b) Lettering; Size.--The sign required by subsection (a) shall be printed with lettering that is-- ``(1) legible; and ``(2) at least three quarters of an inch boldfaced type. ``(c) Locations.--A facility in which chemical abortions are performed that is a private office or a freestanding surgical outpatient clinic shall post the sign required by subsection (a) in each patient waiting room and patient consultation room used by patients on whom chemical abortions are performed. A hospital or any other facility in which chemical abortions are performed that is not a private office or freestanding surgical outpatient clinic shall post the required sign in each patient admission area used by patients on whom chemical abortions are performed. ``SEC. 3405. PRINTED INFORMATION AND WEBSITE. ``(a) In General.--The Secretary shall publish, in English and in each language which is the primary language of 2 percent or more of the population of any State, and shall cause to be available on the website required by subsection (b), the following printed materials in such a way as to ensure that the information is easily comprehensible: ``(1) Materials designed to inform the woman of the possibility of reversing the effects of a chemical abortion utilizing mifepristone if she changes her mind. ``(2) Materials on the assistance and resources that may be available to help reverse the effects of a chemical abortion. ``(b) Website.--Not later than 30 days after the date of enactment of the Second Chance at Life Act of 2021, the Secretary shall develop and maintain a website to provide the information described in subsection (a) in accordance with the following: ``(1) No information regarding who uses the website shall be collected or maintained. ``(2) The Secretary shall monitor on a regular basis the website to prevent and correct tampering. ``(3) The website shall be maintained at a minimum resolution of 70 DPI (dots per inch). ``(4) All pictures appearing on the website shall be a minimum of 200x300 pixels. ``(5) All letters on the website shall be a minimum of 12 point font. ``(6) All information and pictures on the website shall be accessible with an industry standard browser, requiring no additional plug-ins. ``SEC. 3406. CIVIL REMEDIES. ``(a) Civil Suits for Violation.--Except as provided in subsection (b), any of the following parties may bring a civil action before the appropriate Federal district court for actual and punitive damages against an abortion provider who knowingly or recklessly performed or attempted to perform a chemical abortion in violation of this title: ``(1) A person upon whom such a chemical abortion has been performed or attempted. ``(2) A father of an unborn child who is the subject of such a chemical abortion. ``(3) A parent of a person upon whom such a chemical abortion has been performed or attempted if such person had not attained 18 years of age at the time of such abortion or if such person died as the result of such abortion. ``(b) Barring Suit.--A plaintiff may not bring a civil action under subsection (a) if a chemical abortion is performed or attempted with respect to a pregnancy that is the result of the plaintiff's criminal conduct. ``(c) Attorney's Fee.--If a party described in paragraph (1), (2), or (3) of subsection (a) is the prevailing party in an action under this section, the court shall award a reasonable attorney's fee to such party. If a defendant is the prevailing party in an action under this section, and the court finds that such action was frivolous or brought in bad faith, the court shall award a reasonable attorney's fee to the defendant.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendment made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. SEC. 4. SEVERABILITY. If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding. all
H.R. 553 (Introduced in House) - Aviation Manufacturing Jobs Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr553ih/html/BILLS-117hr553ih.htm	DOC 117th CONGRESS 1st Session H. R. 553 To establish a program to preserve and restore jobs in the aviation manufacturing industry, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Larsen of Washington (for himself, Mr. Estes, Mr. Smith of Washington, Mrs. Napolitano, Mr. Carson, Miss Rice of New York, Ms. Schrier, and Ms. Davids of Kansas) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a program to preserve and restore jobs in the aviation manufacturing industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Manufacturing Jobs Protection Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) At-risk employee group.--The term ``at-risk employee group''-- (A) means the 25 percent of an employer's United States workforce comprised of employees-- (i) who are most at risk of a permanent reduction in force or furlough due to the COVID-19 public health emergency; or (ii) who-- (I) were previously part of a reduction in force or furlough due to the COVID-19 public health emergency; and (II) the employer would choose to recall under the program established by this section; but (B) does not include-- (i) senior executive employees; or (ii) any employee with a total compensation level of $200,000 or more. (2) Aviation employer.--The term ``aviation employer'' means an aviation manufacturing company. (3) Aviation manufacturing company.--The term ``aviation manufacturing company'' means a corporation, firm, or other business entity that-- (A) holds a type or production certificate or similar authorization issued under section 44704 of title 49, United States Code; (B) holds a certificate issued under part 145 of title 14, Code of Federal Regulations, for maintenance, repair, and overhaul of aircraft, aircraft engines, components, or propellers; or (C) under contract or subcontract, produces components, parts, or systems of aircraft, aircraft engines, or appliances for inclusion in an aircraft, aircraft engine, or appliance. (4) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the public health emergency with respect to the 2019 Novel Coronavirus. (5) Senior executive employee.--The term ``senior executive employee'' means a chief executive officer, chief operating officer, or chief financial officer. (6) Total compensation level.--The term ``total compensation level'' means salary, bonuses, awards of stock, and other financial benefits of an employee, excluding overtime and premium pay, as of April 1, 2020. SEC. 3. PAYROLL SUPPORT EXTENSION PROGRAM. (a) In General.--The Secretary of Transportation, in coordination with other appropriate Federal departments or agencies, shall establish a payroll support extension program to enter into agreements with aviation employers to provide a 50 percent share for the compensation, benefits, and training of at-risk employee groups financially impacted by the COVID-19 public health emergency. (b) Procedures.--Not later than 10 days after the date of enactment of this Act, the Secretary shall establish, and make available to the public, procedures for application and minimum eligibility requirements for participation in the program established under subsection (a). (c) Compensation Contributions.--Under the program established under this section, the Secretary may enter into agreements to provide a 50 percent contribution to ensure the total compensation level of the at-risk employee group of an aviation employer for any period beginning on or after April 1, 2020, and ending not later than April 30, 2023. (d) Eligibility.--The Secretary may enter into an agreement with an aviation employer under this section if the Secretary determines that-- (1) the aviation employer has experienced at least a 15 percent decline in revenues between October 1, 2019, and October 1, 2020; (2) the aviation employer has an identifiable at-risk employee group; (3) the aviation employer agrees to provide the non-Federal share of the agreement under this section; (4) the aviation employer provides a written justification for the need for assistance, including the size of the at-risk employee group and a description of the economic conditions of the company that make Federal assistance necessary under this section; and (5) receipt of assistance under this section will reduce the likelihood of a permanent reduction in force or furlough, or facilitate the retention or recall, of the at-risk employee group of the aviation employer. (e) Requirements.--An agreement entered into under this section shall require that-- (1) the aviation employer may not carry out any permanent reduction in force or furlough of employees in the at-risk employee group for the duration of the agreement, subject to the aviation employer's right to discipline or terminate an employee in accordance with policies of the aviation employer; (2) assistance provided under this section may not be used for stock buybacks or to pay out dividends; (3) assistance provided under this section shall be used solely for the purpose of providing compensation, benefits, and training of the at-risk employee group; (4) the aviation employer may not-- (A) circumvent or abrogate a collective bargaining agreement, including any training provided for in such agreement; or (B) move jobs assisted by this program out of the United States; (5) the aviation employer may only provide compensation, benefits, and training to United States-based employees; and (6) restore the rights and protections for returning employees as if such employees had not been involuntarily furloughed. (f) Duration of Agreement.--An agreement entered into under this section shall be for a period not to exceed 6 months, and may be renewed for a period of 2 years, at the discretion of the Secretary, so long as the Secretary recertifies such agreement every 6 months. (g) Federal Share.--The Federal share of assistance provided to an aviation employer under an agreement entered into pursuant to this section shall not exceed 50 percent. (h) Multiple Agreements.--The Secretary may enter into multiple agreements with an aviation employer under this section, except that the total assistance shall not exceed beyond the applicable at-risk employee group. (i) Coordination With Employee Retention Credit.--The Secretary shall not enter into any agreement under this section with an employer who was allowed a credit under section 2301 of the CARES Act for any calendar quarter ending before such agreement is entered into and such section 2301 shall not apply to any employer who enters into any agreement under this section. (j) Report.--An aviation employer entering into an agreement under this section shall submit to Congress, after submission to the Secretary for review, on the implementation and allocation of funds provided pursuant to this section. (k) Tax Treatment.--For purposes of the Internal Revenue Code of 1986, any public partner contribution provided by the Secretary under this section which is received by any employee shall be included in the gross income of such employee and no deduction shall be allowed under such Code to the employer with respect to any such contribution. (l) Termination.-- (1) Sunset.--The authority established by this Act shall end on April 30, 2023. (2) Agreement duration.--No agreement may be entered into under this section that provides for assistance after April 30, 2023. (m) Authorization of Appropriations.--There is authorized to be appropriated $15,000,000,000 to carry out this Act. all
H.R. 554 (Introduced in House) - Support And Value Expectant Moms and Babies Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr554ih/html/BILLS-117hr554ih.htm	DOC 117th CONGRESS 1st Session H. R. 554 To amend the Federal Food, Drug, and Cosmetic Act to prohibit the approval of new abortion drugs, to prohibit investigational use exemptions for abortion drugs, and to impose additional regulatory requirements with respect to previously approved abortion drugs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Latta (for himself, Mr. Mooney, Mr. Biggs, Mr. Harris, Mrs. Wagner, Mr. Gonzalez of Ohio, Mrs. Hinson, Mr. Moore of Alabama, Mr. Luetkemeyer, Mr. Good of Virginia, Mr. Wenstrup, Mr. Babin, Mr. Westerman, Mrs. Rodgers of Washington, Mr. Roy, Mr. Smith of New Jersey, Mr. Bishop of North Carolina, Mr. LaHood, Mr. Kustoff, Mr. Valadao, Mrs. Lesko, Mr. LaMalfa, Mr. Lamborn, Mr. Johnson of South Dakota, Mr. Grothman, Mr. Steube, Mr. Reschenthaler, Mr. LaTurner, Mr. Duncan, Mr. Carl, Mr. Baird, Mr. Banks, Mr. Jordan, Mr. Arrington, Mr. Wilson of South Carolina, Mr. Curtis, Mr. Joyce of Pennsylvania, Mr. Rose, Mr. Bucshon, Mrs. Boebert, Mr. Rosendale, Mr. Burgess, Mr. Guest, Mr. Waltz, Mr. Bost, Mr. Johnson of Louisiana, Mr. Dunn, Mr. McHenry, Mr. Sessions, Mr. Norman, Mr. Feenstra, Mr. Weber of Texas, Mr. Allen, Mr. Wittman, Mr. Williams of Texas, Mr. Budd, Mr. Walberg, Mr. Rice of South Carolina, Mr. Mann, Mr. Kelly of Mississippi, Mr. Taylor, Mr. Davidson, Ms. Herrell, Mrs. Fischbach, Mr. Carter of Georgia, Mr. Hice of Georgia, Mr. Huizenga, Mr. Brooks, Mr. Steil, Mr. Mast, Mr. Jackson, Mr. Hern, and Mr. Tony Gonzales of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to prohibit the approval of new abortion drugs, to prohibit investigational use exemptions for abortion drugs, and to impose additional regulatory requirements with respect to previously approved abortion drugs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Support And Value Expectant Moms and Babies Act of 2021'' or the ``SAVE Moms and Babies Act of 2021''. SEC. 2. ABORTION DRUGS PROHIBITED. (a) In General.--Section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) is amended by adding at the end the following: ``(z) Abortion Drugs.-- ``(1) Prohibitions.--The Secretary shall not approve-- ``(A) any application submitted under subsection (b) or (j) for marketing an abortion drug; or ``(B) grant an investigational use exemption under subsection (i) for-- ``(i) an abortion drug; or ``(ii) any investigation in which the human embryo or human fetus of a woman known to be pregnant is knowingly destroyed. ``(2) Previously approved abortion drugs.--If an approval described in paragraph (1) is in effect for an abortion drug as of the date of enactment of the Support And Value Expectant Moms and Babies Act of 2021, the Secretary shall-- ``(A) not approve any labeling change-- ``(i) to approve the use of such abortion drug after 70 days gestation; or ``(ii) to approve the dispensing of such abortion drug by any means other than in-person administration by the prescribing health care practitioner; ``(B) treat such abortion drug as subject to section 503(b)(1); and ``(C) require such abortion drug to be subject to a risk evaluation and mitigation strategy under section 505-1 that at a minimum-- ``(i) requires health care practitioners who prescribe such abortion drug-- ``(I) to be certified in accordance with the strategy; and ``(II) to not be acting in their capacity as a pharmacist; ``(ii) as part of the certification process referred to in clause (i), requires such practitioners-- ``(I) to have the ability to assess the duration of pregnancy accurately; ``(II) to have the ability to diagnose ectopic pregnancies; ``(III) to have the ability to provide surgical intervention in cases of incomplete abortion or severe bleeding; ``(IV) to have the ability to ensure patient access to medical facilities equipped to provide blood transfusions and resuscitation, if necessary; and ``(V) to report any deaths or other adverse events associated with the use of such abortion drug to the Food and Drug Administration and to the manufacturer of such abortion drug, identifying the patient by a non- identifiable reference and the serial number from each package of such abortion drug; ``(iii) limits the dispensing of such abortion drug to patients-- ``(I) in a clinic, medical office, or hospital by means of in-person administration by the prescribing health care practitioner; and ``(II) not in pharmacies or any setting other than the health care settings described in subclause (I); ``(iv) requires the prescribing health care practitioner to give to the patient documentation on any risk of serious complications associated with use of such abortion drug and receive acknowledgment of such receipt from the patient; ``(v) requires all known adverse events associated with such abortion drug to be reported, excluding any individually identifiable patient information, to the Food and Drug Administration by the-- ``(I) manufacturers of such abortion drug; and ``(II) prescribers of such abortion drug; and ``(vi) requires reporting of administration of the abortion drug as required by State law, or in the absence of a State law regarding such reporting, in the same manner as a surgical abortion. ``(3) Reporting on adverse events by other health care practitioners.--The Secretary shall require all other health care practitioners to report to the Food and Drug Administration any adverse events experienced by their patients that are connected to use of an abortion drug, excluding any individually identifiable patient information. ``(4) Rule of construction.--Nothing in this section shall be construed to restrict the authority of the Secretary, or of a State, to establish, implement, and enforce requirements and restrictions with respect to abortion drugs under provisions of law other than this section that are in addition to the requirements and restrictions under this section. ``(5) Definitions.--In this section: ``(A) The term `abortion drug' means any drug, substance, or combination of drugs or substances that is intended for use or that is in fact used (irrespective of how the product is labeled)-- ``(i) to intentionally kill the unborn child of a woman known to be pregnant; or ``(ii) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(I) to produce a live birth; or ``(II) to remove a dead unborn child. ``(B) The term `adverse event' includes each of the following: ``(i) A fatality. ``(ii) An ectopic pregnancy. ``(iii) A hospitalization. ``(iv) A blood loss requiring a transfusion. ``(v) An infection, including endometritis, pelvic inflammatory disease, and pelvic infections with sepsis. ``(vi) A severe infection. ``(C) The term `gestation' means the period of days beginning on the first day of the last menstrual period. ``(D) The term `health care practitioner' means any individual who is licensed, registered, or otherwise permitted, by the United States or the jurisdiction in which the individual practices, to prescribe drugs subject to section 503(b)(1). ``(E) The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code.''. (b) Ongoing Investigational Use.--In the case of any investigational use of a drug pursuant to an investigational use exemption under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) that was granted before the date of enactment of this Act, such exemption is deemed to be rescinded as of the day that is 3 years after the date of enactment of this Act if the Secretary would be prohibited by section 505(z)(1)(B) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), from granting such exemption as of such day. all
H.R. 555 (Introduced in House) - Protecting the Dignity of Unborn Children Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr555ih/html/BILLS-117hr555ih.htm	DOC 117th CONGRESS 1st Session H. R. 555 To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Latta (for himself, Mr. Mooney, Mr. Harris, Mr. Moore of Alabama, Mr. Luetkemeyer, Mr. Babin, Mrs. Lesko, Mr. LaMalfa, Mr. Grothman, Mr. Rogers of Kentucky, Mr. LaTurner, Mr. Duncan, Mr. Fortenberry, Mr. Carl, Mr. Banks, Mr. Jordan, Mr. Hice of Georgia, Mr. Joyce of Pennsylvania, Mrs. Boebert, Mr. Rosendale, Mr. Guest, Mr. Waltz, Mrs. Fischbach, Mr. Johnson of Louisiana, Mr. Sessions, Mr. Norman, Mr. Allen, Mr. Budd, Mr. Kelly of Mississippi, Mr. Balderson, Mr. Davidson, Ms. Herrell, and Mr. Jackson) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit the unlawful disposal of fetal remains, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting the Dignity of Unborn Children Act of 2021''. SEC. 2. PROHIBITING UNLAWFUL DISPOSAL OF FETAL REMAINS. Part I of title 18, United States Code, is amended by adding at the end the following: ``CHAPTER 125--UNLAWFUL DISPOSAL OF FETAL REMAINS ``SEC. 2741. UNLAWFUL DISPOSAL OF FETAL REMAINS. ``(a) In General.--Whoever recklessly disposes of or abandons fetal remains in a landfill or in any of the navigable waters of the United States shall be imprisoned not more than 3 years or fined under this title, or both. ``(b) Rule of Construction.--Nothing in this section shall be construed to authorize the prosecution of any woman for the disposal of the remains of her unborn child. ``(c) Definitions.--In this section: ``(1) Fetal remains.--The term `fetal remains' means any part of a human fetus that is deceased by reason of an abortion, but does not include any such part that has been cremated. ``(2) Landfill.--The term `landfill' means a sanitary landfill, as such term is defined in section 1004(26) of the Solid Waste Disposal Act. ``(3) Navigable waters.--The term `navigable waters' has the meaning given such term in section 502(7) of the Federal Water Pollution Control Act.''. all
H.R. 556 (Introduced in House) - Global Health, Empowerment and Rights Act	https://www.govinfo.gov/content/pkg/BILLS-117hr556ih/html/BILLS-117hr556ih.htm	DOC 117th CONGRESS 1st Session H. R. 556 To prohibit the application of certain restrictive eligibility requirements to foreign nongovernmental organizations with respect to the provision of assistance under part I of the Foreign Assistance Act of 1961. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Lee of California (for herself, Mr. Bera, Ms. Schakowsky, Mr. Deutch, Mrs. Beatty, Mrs. Hayes, Mr. Sherman, Ms. Brownley, Mr. Larson of Connecticut, Mr. Cooper, Ms. Speier, Ms. Wasserman Schultz, Mr. Foster, Mrs. Kirkpatrick, Mr. Gallego, Ms. Houlahan, Mr. McGovern, Mr. Higgins of New York, Mr. Castro of Texas, Ms. Wild, Mrs. Demings, Ms. Moore of Wisconsin, Mr. Malinowski, Mr. Trone, Mr. Larsen of Washington, Mr. Connolly, Ms. Escobar, Ms. Velazquez, Mrs. Watson Coleman, Mr. Nadler, Ms. Bonamici, Mrs. Carolyn B. Maloney of New York, Mrs. Napolitano, Mrs. Lawrence, Mr. Hastings, Mr. Danny K. Davis of Illinois, Ms. Ocasio-Cortez, Mr. Espaillat, Mr. Bowman, Ms. Lois Frankel of Florida, Ms. DeGette, Ms. DelBene, Mr. Smith of Washington, Mr. Stanton, Ms. Clark of Massachusetts, Ms. Pressley, Mr. Welch, Ms. Matsui, Mr. Levin of Michigan, Mrs. Trahan, Mr. Cicilline, Mr. DeFazio, Mr. Schneider, Ms. McCollum, Ms. Sanchez, Ms. Blunt Rochester, Mr. Cartwright, Mrs. McBath, Mr. Peters, Mr. Gomez, Ms. Chu, Ms. Meng, Mr. Torres of New York, Mr. Grijalva, Mr. Moulton, Ms. Pingree, Mr. Brendan F. Boyle of Pennsylvania, Mr. Kilmer, Mr. Morelle, Mr. Pappas, Mr. Jones, Mrs. Torres of California, Ms. Titus, Ms. Tlaib, Miss Rice of New York, Mr. Ruppersberger, Mrs. Fletcher, Ms. Kelly of Illinois, Mr. Takano, Mr. Green of Texas, Ms. Newman, Mr. Kildee, Mr. Neguse, Mr. Carbajal, Mr. Casten, Ms. Manning, Mr. Huffman, Mr. Sarbanes, Ms. Norton, Mr. Soto, Mr. Sean Patrick Maloney of New York, Mr. Beyer, Mr. Thompson of California, Mr. Panetta, Ms. Barragan, Mr. Krishnamoorthi, Mr. Khanna, Mr. Lowenthal, Mr. Pocan, Mr. Levin of California, Ms. Clarke of New York, Mr. Kahele, Mr. Crow, Mr. Case, Ms. Kuster, Mr. Price of North Carolina, Ms. DeLauro, Ms. Bass, Mr. Yarmuth, Ms. Eshoo, Mr. Quigley, Ms. Castor of Florida, Mr. Schiff, Ms. Jackson Lee, Mr. Raskin, Mr. Tonko, Mr. Kim of New Jersey, Ms. Strickland, Mr. Kind, Mr. McEachin, Ms. Ross, Ms. Adams, Mr. Cardenas, Ms. Johnson of Texas, Ms. Wexton, Ms. Williams of Georgia, Mr. Himes, Ms. Dean, Mr. Auchincloss, Ms. Bush, Mr. Blumenauer, Ms. Sherrill, Mr. Delgado, Mr. Payne, Mr. Sires, Ms. Garcia of Texas, Mr. Pallone, Mr. Cohen, Ms. Kaptur, Mr. Costa, Ms. Roybal-Allard, Mr. DeSaulnier, Mr. Pascrell, Mr. Keating, Ms. Omar, Mr. Meeks, Mr. Lieu, Ms. Scanlon, Mr. Lynch, Mr. Jeffries, Ms. Underwood, Mr. Carson, Mrs. Dingell, Mrs. Murphy of Florida, Ms. Lofgren, Mr. McNerney, Mr. Rush, Mr. Swalwell, Mr. Veasey, Ms. Craig, Mr. Ruiz, Mr. Horsford, Mr. Vargas, Mr. Correa, Mr. Neal, Mr. Lawson of Florida, Mr. Johnson of Georgia, Mr. Garcia of Illinois, Ms. Jayapal, Mr. Aguilar, Mr. Ryan, Ms. Wilson of Florida, Mr. Allred, and Mr. Scott of Virginia) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To prohibit the application of certain restrictive eligibility requirements to foreign nongovernmental organizations with respect to the provision of assistance under part I of the Foreign Assistance Act of 1961. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Global Health, Empowerment and Rights Act''. SEC. 2. ASSISTANCE FOR FOREIGN NONGOVERNMENTAL ORGANIZATIONS UNDER PART I OF THE FOREIGN ASSISTANCE ACT OF 1961. Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental organizations-- (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non- United States Government funds if such services do not violate the laws of the country in which they are being provided and would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under part I of such Act. all
H.R. 557 (Introduced in House) - Make Education Local Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr557ih/html/BILLS-117hr557ih.htm	DOC 117th CONGRESS 1st Session H. R. 557 To allow a State to submit a State management decision to the Secretary of Education to combine certain funds to improve the academic achievement of students. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Lesko (for herself, Mr. Gosar, Mr. Biggs, and Mr. Schweikert) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To allow a State to submit a State management decision to the Secretary of Education to combine certain funds to improve the academic achievement of students. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; PURPOSE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Make Education Local Act of 2021''. (b) Purpose.--The purposes of this Act are as follows: (1) To give States and local communities added flexibility and control to determine how to improve academic achievement and implement education policy. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public and to parents for advancing the academic achievement of all students, especially disadvantaged children. (c) Definitions.-- (1) In general.--Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801 et seq.). (2) Other terms.--In this Act: (A) Accountability.--The term ``accountability'' means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student academic progress to parents and taxpayers regularly. (B) State.--The term ``State'' has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6332(e)). (C) State management decision.--The term ``State management decision'' means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (D) State authorizing officials.--The term ``State Authorizing Officials'' means the State officials who shall authorize the submission of a State management decision, and any amendments thereto, on behalf of the State. Such officials shall include not less than two of the following: (i) The Governor of the State. (ii) The highest elected education official of the State, if any. (iii) The legislature of the State. (E) State designated officer.--The term ``State Designated Officer'' means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a State management decision, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. SEC. 2. STATE MANAGEMENT DECISION. (a) In General.--Each State is authorized to submit to the Secretary a State management decision permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs Eligible for Consolidation and Permissible Use of Funds.-- (1) Scope.--A State may choose to include within the scope of the State management decision of the State any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 (20 U.S.C. 6301). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds.--Funds made available to a State pursuant to a State management decision under this Act shall be used for any educational purpose permitted by State law of the State submitting a State management decision. (3) Removal of fiscal and accounting barriers.--Each State educational agency that operates under a State management decision under this Act may modify or eliminate State fiscal and accounting barriers that prevent local educational agencies and schools from easily consolidating funds from other eligible Federal, State, and local sources in order to improve educational opportunities and reduce unnecessary fiscal and accounting requirements. (c) Contents of Decision.--Each State management decision shall contain-- (1) a list of eligible programs that are subject to the State management decision; (2) an assurance that the submission of the State management decision has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the State management decision; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the State management decision and in consolidating and using the funds under the State management decision; (6) an assurance that in implementing the State management decision the State will seek to advance educational opportunities for the disadvantaged; (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State; (8) an assurance that in implementing the State management decision, the State will seek to use Federal funds to supplement, rather than supplant, State education funding; and (9) a description of how the State will address persistently failing public schools. (d) Minimum Duration.--The duration of the State management decision shall-- (1) be greater than or equal to 5 years; and (2) be less than or equal to 10 years. (e) Review, Implementation, and Recognition by the Secretary.-- (1) In general.--The Secretary shall review the State management decision received from the State Designated Officer not more than 60 days after the date of receipt of such decision, and shall approve, with respect to permitting the State to receive the funds described in subsection (a), such State management decision unless the State management decision fails to meet the requirements under subsection (c). (2) Recognition by operation of law.--If the Secretary fails to take action within the time specified in paragraph (1), the State management decision, as submitted, shall be deemed to be approved. (f) Amendment to State Management Decision.-- (1) In general.--The State Authorizing Officials may direct the State Designated Officer to submit amendments to a State management decision that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized.--A State management decision that is in effect may be amended to-- (A) expand the scope of such State management decision to encompass additional eligible programs; (B) reduce the scope of such State management decision by excluding coverage of a Federal program included in the original State management decision; (C) modify the duration of such State management decision; or (D) achieve such other modifications as the State Authorizing Officials deem appropriate. (3) Effective date.--The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the State management decision by the proposed amendment. (4) Treatment of program funds withdrawn from state management decision.--Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the State management decision shall apply to the State's use of funds made available under the program. SEC. 3. TRANSPARENCY FOR RESULTS OF PUBLIC EDUCATION. (a) In General.--Each State operating under a State management decision under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency, as described in paragraph (2), for the purpose of public accountability to parents and taxpayers. (b) Accountability System.-- (1) In general.--The State shall determine and establish an accountability system to ensure accountability under this Act. (2) Academic achievement.--Any accountability system established by a State pursuant to paragraph (1) shall-- (A) be focused on the academic achievement of students; and (B) include a system, as determined by the State, of evaluating the academic achievement and progress of students. (c) Report on Student Progress.--Not later than 1 year after the effective date of the State management decision, and annually thereafter, a State shall, in a format acceptable to such State, disseminate widely to parents and the general public a report that describes student progress. The report shall include-- (1) student performance data disaggregated by various student groups, as determined by the State; (2) a description of other high-quality school options available to parents in the State; and (3) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities. SEC. 4. ADMINISTRATIVE EXPENSES. (a) In General.--Except as provided in subsection (b), the amount that a State with a State management decision may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such State management decision. (b) States Not Consolidating Funds Under Part A of Title I.--If the State management decision does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such State management decision. SEC. 5. EQUITABLE PARTICIPATION OF PRIVATE SCHOOLS. Each State consolidating and using funds pursuant to a State management decision under this Act shall provide for the participation of private school children and teachers in the activities assisted under the State management decision in the same manner as participation is provided to private school children and teachers under section 8501 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881). all
H.R. 558 (Introduced in House) - Dismemberment Abortion Ban Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr558ih/html/BILLS-117hr558ih.htm	DOC 117th CONGRESS 1st Session H. R. 558 To amend title 18, United States Code, to prohibit dismemberment abortions, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Lesko (for herself, Mr. Lamborn, Mr. Budd, Mr. Kelly of Pennsylvania, Mr. Mooney, Mr. Biggs, Mr. Norman, Mr. Duncan, Mr. Gaetz, Mr. Chabot, Mr. Palmer, Mr. Allen, Mr. Weber of Texas, Mr. Grothman, Mr. Babin, Mr. Hice of Georgia, Mr. Joyce of Pennsylvania, Mr. Stewart, Mr. Wilson of South Carolina, Mr. Wright, Mr. Steube, Mr. Latta, Mr. Johnson of Louisiana, Mr. Jackson, Mr. Banks, and Ms. Herrell) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit dismemberment abortions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dismemberment Abortion Ban Act of 2021''. SEC. 2. DISMEMBERMENT ABORTION BAN. (a) In General.--Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Dismemberment abortion ban ``(a) Dismemberment Abortion Prohibited.--Any physician who, in or affecting interstate or foreign commerce, knowingly performs a dismemberment abortion and thereby kills an unborn child shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a dismemberment abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life- endangering physical condition caused by or arising from the pregnancy itself. ``(b) Rule of Construction.--Nothing in this section shall be construed to limit abortions performed for any reason, including when the pregnancy is a result of rape or incest, if performed by a method other than dismemberment abortion. ``(c) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--A woman upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Civil action by a parent of a minor on whom an abortion is performed.--A parent of a minor upon whom an abortion has been performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct. ``(3) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; ``(B) statutory damages equal to three times the cost of the abortion; and ``(C) punitive damages. ``(4) Attorneys fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. ``(5) Attorneys fees for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(6) Awards against woman.--Except under paragraph (5), in a civil action under this subsection, no damages, attorney's fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted. ``(d) Immunity From Prosecution for Woman Upon Whom a Dismemberment Abortion Is Performed.--A woman upon whom a dismemberment abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. ``(e) Definitions.--In this section-- ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Dismemberment abortion.--The term `dismemberment abortion'-- ``(A) means, with the purpose of causing the death of an unborn child, knowingly dismembering a living unborn child and extracting such unborn child one piece at a time or intact but crushed from the uterus through the use of clamps, grasping forceps, tongs, scissors or similar instruments that, through the convergence of two rigid levers, slice, crush or grasp a portion of the unborn child's body in order to cut or rip it off or crush it; but ``(B) does not include an abortion which uses suction to dismember the body of the unborn child by sucking fetal parts into a collection container unless the actions described in subparagraph (A) are used to cause the death of an unborn child but suction is subsequently used to extract fetal parts after the death of the unborn child. ``(3) Minor.--The term `minor' means an individual who has not attained the age of 18 years. ``(4) Physician.--The term `physician' means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the State in which the doctor performs such activity, or any other individual legally authorized by the State to perform abortions: Provided, however, That any individual who is not a physician or not otherwise legally authorized by the State to perform abortions, but who nevertheless directly performs an abortion prohibited in this section shall be subject to the provisions of this section. ``(5) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item: ``1532. Dismemberment abortion ban.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``PARTIAL-BIRTH ABORTIONS'' and inserting ``ABORTIONS''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-birth abortions'' and inserting ``Abortions''. all
"H.R. 559 (Introduced in House)- Strengthening Training and Accessibility for New and Diverse 
Apprenticeships through Relevant and Dependable Standards Act"	https://www.govinfo.gov/content/pkg/BILLS-117hr559ih/html/BILLS-117hr559ih.htm	DOC 117th CONGRESS 1st Session H. R. 559 To promote the furtherance of standards necessary to safeguard the welfare of apprentices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Levin of Michigan (for himself and Ms. Bonamici) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To promote the furtherance of standards necessary to safeguard the welfare of apprentices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Training and Accessibility for New and Diverse Apprenticeships through Relevant and Dependable Standards Act'' or the ``STANDARDS Act''. SEC. 2. QUALITY STANDARDS OF APPRENTICESHIP PROGRAMS UNDER THE NATIONAL APPRENTICESHIP SYSTEM. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary of Labor (acting through the Administrator of the Office of Apprenticeship) shall formulate and promote the furtherance of quality standards necessary to safeguard the welfare of apprentices. (b) Apprenticeship Program Standards.--An apprenticeship program shall meet the following standards: (1) The program has an organized and clearly written plan, developed by the sponsor, that includes, at a minimum, the following information: (A) The employment and training to be received by each apprentice participating in the program, including-- (i) an outline of the work processes or the plan in which the apprentice will receive supervised work experience and on-the-job learning; (ii) the allocation of the approximate amount of time to be spent in each major work process by the apprentice; (iii) a description of the mentoring that will be provided to the apprentice; and (iv) a description or timeline explaining the periodic reviews and evaluations of the apprentice's performance on the job and in related instruction. (B) A process for maintaining appropriate progress records, including the reviews and evaluations described in subparagraph (A)(iv). (C) A description of the organized, related instruction the apprentice will receive in technical subjects related to the occupation, which-- (i) for time-based or hybrid apprenticeship programs as described in subparagraph (E), shall include not less than 144 hours for each year of apprenticeship, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Administrator; (ii) may be accomplished through classroom instruction, occupational or industry courses, instruction provided through electronic media, or other instruction approved by the registration agency; (iii) shall be provided by one or more qualified instructors that-- (I)(aa) meet technical instructor requirements of the applicable education agency in the State of registration; or (bb) are subject matter experts, defined for purposes of this subparagraph as individuals recognized within an industry as having expertise in a specific occupation; and (II) have training in teaching techniques and learning styles, or will obtain such training before providing the related technical instruction; and (iv) where appropriate and to the extent practicable, shall be aligned to a career pathway. (D) A progressively increasing, clearly defined schedule of wages to be paid to the apprentice that is-- (i) consistent with measurable skill gains; and (ii) ensures the entry wage is not less than the greater of-- (I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)); or (II) the applicable wage required by other applicable Federal or State laws (including regulations) or collective bargaining agreements. (E) The term of the apprenticeship program, which may be measured through-- (i) a time-based model, which requires the completion of the industry standard for on-the- job learning hours, which in no case shall be less than 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Secretary and registration agency; (ii) a competency-based model, which requires the attainment of competency in the occupation; or (iii) a hybrid model, which blends the time-based and competency-based approaches. (F) The methods used to measure an apprentice's skills and competencies, may include an initial diagnostic assessment of credentials that verify an individual's foundational knowledge and skills that would be needed to succeed in an apprenticeship program, and which shall include-- (i) in the case of a time-based apprenticeship described in subparagraph (E)(i), the individual apprentice's completion of the required hours of on-the-job learning as described in a work process schedule; (ii) in the case of a competency-based model, the individual apprentice's successful demonstration of acquired skills and knowledge through appropriate means of testing and evaluation for such competencies, and by requiring apprentices to complete a paid on- the-job learning component of the apprenticeship; or (iii) in the case of a hybrid apprenticeship described in subparagraph (E)(iii), a combination of specified minimum number of hours of on-the-job learning and the successful demonstration of competency, as described in a work process schedule. (2) The program equally grants advanced standing or credit to all individuals applying for the apprenticeship with demonstrated competency or acquired experience, training, or skills, and provides commensurate wages for any progression in standing or credit so granted, including for veterans' service acquired skills and experiences. (3) The program has minimum qualifications for individuals desiring to enter the apprenticeship program, with an eligible starting age for an apprentice of not less than 16 years. (4) In the case of a program that chooses to issue an interim credential, the program-- (A) clearly identifies each interim credential; (B) only issues an interim credential for recognized components of an apprenticeable occupation and demonstrates how each interim credential specifically links to the knowledge, skills, and abilities associated with such components; and (C) establishes the process for assessing an individual apprentice's demonstration of competency and measurable skill gains associated with the particular interim credential. (5) The program-- (A) has adequate and safe equipment, environments, and facilities for training and supervision; (B) provides safety training on-the-job and in related instruction as applicable by apprenticeable occupation; and (C) provides adequate training for mentors and qualified instructors on providing a safe work and training environment. (6) The program records and maintains all records concerning the program as may be required by the Secretary, the registration agency of the program, or any other applicable law, including records required under title 38, United States Code, in order for veterans and other individuals eligible for educational assistance under such title to use such assistance for enrollment in the program. (7) The Administrator shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- (A) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high- wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; (B) ensuring programs under the national apprenticeship system-- (i) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); (ii) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and (iii) are subject, for any violation of clause (i) or (ii), to enforcement action under this Act; and (C) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. (8) The program awards a certificate of completion in recognition of successful completion of the program, evidenced by an appropriate certificate issued by the registration agency, and culminates in a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation and Opportunity Act). (9) The program provides that an individual who is to become a program participant under the program enters into a written apprenticeship agreement with the sponsor of the program. (10) The ratio of program participants to supervisors (such as journeyworkers, mentors, or on-the-job learning instructors, as applicable) for the apprenticeable occupation, that are based on evidence-based and evidence-informed best practices for supervision, training, safety, and continuity of employment, throughout the work processes of the program, job site, department, or plant, appropriate for the degree of hazard in different occupations, and provisions in collective bargaining agreements, as applicable, except if such ratios are expressly prohibited by the collective bargaining agreements. (c) Apprenticeship Agreements.-- (1) In general.--To ensure the standards described in subsection (b) are applied to programs under the national apprenticeship system, the Administrator shall require a sponsor to develop an apprenticeship agreement that shall-- (A) be the same for each program participant; (B) contain the names and signatures of the program participant and the sponsor; (C) meet the requirements of paragraph (2); and (D) be submitted to the registration agency in accordance with the registration requirements of the program sponsor. (2) Standards.--Each agreement under paragraph (1) shall contain, explicitly or by reference, program standards under subsection (b), including-- (A) in the case of an apprenticeship program-- (i) that is time-based, a statement of the number of hours to be spent by the program participant in on-the-job learning and on-the- job training in order to complete the program; (ii) that is competency-based, a description of the skill sets to be attained by completion of the program, including the on- the-job learning and work components; or (iii) that is a hybrid model, the minimum number of hours to be spent by the program participant in on-the-job learning and work components and in related instruction, and a description of the skill sets and competencies to be attained by completion of the program; (B) the number of hours and form of related instruction, including how related instruction will be compensated (whether through academic credit, wages, or both), the costs the program participant will incur costs for participating in the program (such as for equipment or related instruction), and the recognized postsecondary credentials the program participants will be eligible to receive upon program completion; (C) a schedule of the work processes in the occupation or industry divisions in which the program participant is to be trained and the approximate time to be spent at each process; (D) for apprenticeships or youth apprenticeships, the graduated wage scale to be paid to the apprentices, benefits offered to the apprentices, and how the wages and benefits compare to State, local, or regional wages in the related occupation; and (E) demonstration of commitment to and compliance with subsection (b)(7). (d) Apprenticeable Occupation.--For an occupation to be an apprenticeable occupation under this Act, a person seeking approval for such occupation to be an apprenticeable occupation shall submit an application to the Secretary of Labor (acting through the Administrator of the Office of Apprenticeship) that demonstrates that such apprenticeable occupation will prepare individuals for the full range of skills and competencies needed for such occupation by describing how such apprenticeable occupation shall-- (1) meet the industry recognized occupational standards required by the Administrator; or (2) involve the progressive attainment of skills competencies and knowledge that are-- (A) clearly identified and commonly recognized throughout an industry or occupation; (B) customarily learned or enhanced in a practical way through a structured, systematic program of on-the- job supervised learning and related instruction to supplement such learning; and (C) offered through a time-based, competency-based, or a hybrid model measured using-- (i) a time-based model, which requires the completion of the industry standard for on-the- job learning hours, which in no case shall be less than 2,000 hours, unless an alternative requirement is put forth by the employer and sponsor that reflects industry standards and is accepted by the Secretary; (ii) a competency-based model, which requires the attainment of competency in the occupation; or (iii) a hybrid model, which blends the time-based and competency-based approaches. (e) Registration Agency Defined.--The term ``registration agency'' means the State Office of Apprenticeship or State apprenticeship agency in a State that is responsible for-- (1) approving or denying applications from sponsors for registration of programs under the national apprenticeship system in the State or area covered by the registration agency; and (2) carrying out the responsibilities of supporting the apprenticeship programs registered by the registration agency, including-- (A) determining whether to approve a proposal submitted by a sponsor and notifying the sponsor of the determination by not later than 60 days after receipt of the proposal; and (B) if the proposal is approved, the amending the record of the program to reflect the modification or change, and providing the sponsor or program administrator with an acknowledgment of the amended program, by not later than 30 days after the date of approval. all
H.R. 55 (Introduced in House) - Emmett Till Antilynching Act	https://www.govinfo.gov/content/pkg/BILLS-117hr55ih/html/BILLS-117hr55ih.htm	DOC 117th CONGRESS 1st Session H. R. 55 To amend section 249 of title 18, United States Code, to specify lynching as a hate crime act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend section 249 of title 18, United States Code, to specify lynching as a hate crime act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emmett Till Antilynching Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In the 20th century lynching occurred mostly in southern States by White southerners against Black southerners. (2) In 1892, the Tuskegee Institute began to record statistics of lynchings and reported that 4,742 reported lynchings had taken place by 1968, of which 3,445 of the victims were Black. (3) Most of the lynchings that occurred in the South were mass moblike lynchings. (4) Mass moblike lynchings were barbaric by nature characterized by members of the mob, mostly White southerners, shooting, burning, and mutilating the victim's body, alive. (5) In ``Anatomy of a Lynching: The Killing of Claude Neal'', community papers readily advertised mob lynchings, as evidenced by a Florida local paper headline: ``Florida to Burn Negro at Stake: Sex Criminal Seized from Brewton Jail, Will be Mutilated, Set Afire in Extra-Legal Vengeance for Deed.'' (6) Civil rights groups documented and presented Congress evidence of vigilante moblike lynchings. (7) Evidence by NAACP investigator Howard Kester documented the extreme brutality of these lynchings. An excerpt from ``Anatomy of a Lynching'' further illustrates this point: ``After taking the nigger to the woods about four miles from Greenwood, they cut off his penis. He was made to eat it. Then they cut off his testicles and made him eat them and say he liked it.'' (8) Many civil rights groups, notably the Anti-Lynching Crusaders, also known as the ALC, operating under the umbrella of the NAACP, made numerous requests to Congress to make lynching a Federal crime. (9) Congressman George Henry White, an African American, introduced the first Federal antilynching bill and subsequently nearly 200 anti-lynching bills were introduced in the Congress during the first half of the 20th century. (10) Between 1890 and 1952, seven Presidents petitioned Congress to end lynching. (11) Between 1920 and 1940, the House of Representatives passed three strong anti-lynching measures, of which Congress came closest to enacting anti-lynching legislation sponsored by Congressman Leonidas C. Dyer in 1922. (12) On all three occasions, opponents of anti-lynching legislation, argued States' rights and used the filibuster, or the threat of it, to block the Senate from voting on the measures. (13) The enactment of the Civil Rights Act of 1968 was the closest Congress ever came in the post-Reconstruction era to enacting anti-lynching legislation. (14) In 2005, the Senate passed a resolution, sponsored by Senators Mary Landrieu and George Allen, apologizing for the Senate's failure to enact anti-lynching legislation as a Federal crime, with Senator Landrieu saying, ``There may be no other injustice in American history for which the Senate so uniquely bears responsibility.'' (15) To heal past and present racial injustice, Congress must make lynching a Federal crime so our Nation can begin reconciliation. SEC. 3. SPECIFYING LYNCHING AS A HATE CRIME ACT. Section 249(a) of title 18, United States Code, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Offenses involving lynching.--Whoever, whether or not acting under color of law, willfully, acting as part of any collection of people, assembled for the purpose and with the intention of committing an act of violence upon any person, causes death to any person, shall be imprisoned for any term of years or for life, fined under this title, or both.''. all
H.R. 560 (Introduced in House) - Northern Mariana Islands Legal Residents Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr560ih/html/BILLS-117hr560ih.htm	DOC 117th CONGRESS 1st Session H. R. 560 To amend section 6 of the Joint Resolution entitled ``A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Sablan introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend section 6 of the Joint Resolution entitled ``A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Legal Residents Relief Act of 2021''. SEC. 2. LONG-TERM LEGAL RESIDENTS OF THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) In General.--Section 6(e)(6) of the Joint Resolution entitled ``A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes'', approved March 24, 1976 (48 U.S.C. 1806; Public Law 94-241), is amended-- (1) in subparagraph (A)-- (A) in clause (ii)-- (i) in subclause (I), by inserting ``(aa)'' before ``shall establish a process''; (ii) by striking ``; and'' and inserting ``or during the 180-day period beginning on the date that is 90 days after the date of the enactment of the Northern Mariana Islands Legal Residents Relief Act of 2021;''; (iii) by adding the following: ``(bb) Waiver of application deadline.--The Secretary of Homeland Security may accept an application for CNMI Resident Status submitted after the application deadline if-- ``(AA) the applicant is eligible for CNMI Resident Status; and ``(BB) the applicant timely filed an application for CNMI Resident Status and made a good faith effort to comply with the application requirements as determined by the Secretary.''; (iv) in subclause (II), by striking the period and inserting ``; and''; and (v) by adding at the end the following: ``(III) in the case of an alien who has nonimmigrant status on the date on which the alien applies for CNMI Resident Status, the Secretary of Homeland Security shall extend such nonimmigrant status and work authorization, if applicable, through the end of the 180-day period described in subclause (I)(aa) or the date of adjudication of the alien's application for CNMI Resident Status, whichever is later.''; and (B) in clause (iii), by inserting after the period at the end the following: ``An alien granted status under this paragraph shall be deemed a qualified alien under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of receiving relief or assistance available in connection with-- ``(I) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or ``(II) a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).''; (2) in subparagraph (B)-- (A) in clause (i), by striking ``on June 25, 2019, or on December 31, 2018,'' and inserting ``on December 31, 2020, June 25, 2019, or December 31, 2018,''; (B) in clause (iii), by inserting ``except in the case of an alien who meets the requirements of subclause (III) or (VI) of clause (v),'' before ``resided continuously and lawfully''; and (C) in clause (v)-- (i) in subclause (III), by striking ``subclause (I) or (II)'' and inserting ``subclause (I), (II), (IV), (V), (VI), (VII), or (VIII)''; (ii) in subclause (IV), by striking ``; or'' and inserting a semicolon; (iii) in subclause (V), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: ``(VI) was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of the enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 (Public Law 115-218); ``(VII) resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is presently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)); or ``(VIII) resided in the Northern Mariana Islands as a guestworker under Commonwealth immigration law for at least 5 years prior to May 8, 2008, and is presently a resident classified as a Commonwealth Only Transitional Worker.''; (3) in subparagraph (C)(ii), by striking ``180-period'' and inserting ``180-day period''; and (4) by adding at the end the following: ``(F) Adjustment of status for cnmi residents.--An alien with CNMI Resident Status may adjust his or her status to that of an alien lawfully admitted for permanent residence 5 years after the date of enactment of the Northern Mariana Islands Legal Residents Relief Act of 2021 or 5 years after the date on which CNMI Resident Status is granted, whichever is later.''. (b) Technical Amendments.--Section 6(b)(1) of Public Law 94-241 (48 U.S.C. 1806(b)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``(8 USC 1101(a)(15)(H))'' and inserting ``(8 U.S.C. 1101(a)(15)(H))''; and (B) by striking ``(8 USC 1184(g))'' and inserting ``(8 U.S.C. 1184(g))''; and (2) in subparagraph (B)(i), by striking ``contact'' and inserting ``contract''. (c) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 3. TEMPORARY LABOR CERTIFICATION. (a) In General.--Section 6(d)(2) of Public Law 94-241 (48 U.S.C. 1806(d)(2)) is amended in subparagraph (B), by striking ``an annual'' and inserting ``a biennial''. (b) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act. SEC. 4. ADDITIONAL TIME FOR RECEIPT OF VISA. Section 6(d)(3)(D)(iii) of Public Law 94-241 (48 U.S.C. 1806(d)(3)(D)(iii)) is amended in subclause (I)(bb) by striking ``10 days'' and inserting ``90 days''. SEC. 5. AMENDMENTS TO THE REQUIREMENT TO REMAIN OUTSIDE THE UNITED STATES. (a) In General.--Section 6(d)(7) of Public Law 94-241 (48 U.S.C. 1806(d)(7)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by inserting ``and (C)'' after ``subparagraph (B)''; and (B) in clause (ii)-- (i) by inserting ``at any time after the expiration of the first renewal period'' after ``30 days''; and (ii) by inserting ``third'' after ``submission of a''; and (2) by adding at the end the following: ``(C) Deferral.--In general.--The Secretary of Homeland Security may defer the requirement to remain outside of the United States during or in connection to-- ``(i) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or ``(ii) a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of Public Law 115-218. SEC. 6. QUALIFIED ALIEN. (a) In General.--Section 6(d) of Public Law 94-241 (48 U.S.C. 1806(d)) is further amended by adding at the end the following: ``(8) Qualified alien.--An alien granted status under this subsection shall be deemed a qualified alien under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641) for purposes of receiving relief or assistance available in connection with-- ``(A) a presidentially declared major disaster or emergency under section 401 or 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 or 5191); or ``(B) a presidentially declared national emergency under section 201 of the National Emergencies Act (50 U.S.C. 1601 et seq.).''. (b) Effective Date.--The amendment made by this section shall take effect on the date of enactment of this Act. all
H.R. 561 (Introduced in House) - Reopen Small Businesses Safely Act	https://www.govinfo.gov/content/pkg/BILLS-117hr561ih/html/BILLS-117hr561ih.htm	DOC 117th CONGRESS 1st Session H. R. 561 To direct the Administrator of the Small Business Administration to issue rules or guidance on the ability of borrowers to use economic injury disaster loan proceeds for covered worker protection expenditures, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Lieu (for himself, Mr. Fitzpatrick, Mr. Suozzi, Mr. Case, Miss Rice of New York, and Ms. Craig) introduced the following bill; which was referred to the Committee on Small Business _______________________________________________________________________ A BILL To direct the Administrator of the Small Business Administration to issue rules or guidance on the ability of borrowers to use economic injury disaster loan proceeds for covered worker protection expenditures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reopen Small Businesses Safely Act''. SEC. 2. USE OF ECONOMIC INJURY DISASTER LOAN PROCEEDS FOR COVERED WORKER PROTECTION EXPENDITURES. (a) In General.--Not later than 10 days after the date of the enactment of this Act, the Administrator of the Small Business Administration shall issue such rules or guidance necessary to ensure that a borrower of a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) may use the proceeds of such loan for covered worker protection expenditures (as defined in section 7A(a) of the Small Business Act). (b) Applicability.--This Act shall apply to a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))-- (1) on or after the date of the enactment of this Act; or (2) before the date of the enactment of this Act that is in repayment on such date of the enactment. all
H.R. 562 (Introduced in House) - Protections and Transparency in the Workplace Act	https://www.govinfo.gov/content/pkg/BILLS-117hr562ih/html/BILLS-117hr562ih.htm	DOC 117th CONGRESS 1st Session H. R. 562 To amend the Securities Exchange Act of 1934 to require public companies to provide sexual harassment claim disclosures in certain reports, to require public companies to implement mandatory sexual harassment training, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Lieu introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To amend the Securities Exchange Act of 1934 to require public companies to provide sexual harassment claim disclosures in certain reports, to require public companies to implement mandatory sexual harassment training, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protections and Transparency in the Workplace Act''. SEC. 2. COVERED DISCRIMINATION AND HARASSMENT DISCLOSURES. (a) Definition.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended-- (1) by redesignating the second paragraph (80) (related to funding portals) as paragraph (81); and (2) by adding at the end the following: ``(82) Covered discrimination and harassment.--The term `covered discrimination and harassment' means-- ``(A) discrimination because of race, color, religion, sex (including sexual orientation and gender identity), or national origin under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); ``(B) discrimination because of age under the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); ``(C) discrimination on the basis of disability under-- ``(i) title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); or ``(ii) section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791); ``(D) discrimination because of genetic information under title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); ``(E) discrimination on the basis of status concerning service in a uniformed service under section 4311(a) of title 38, United States Code; ``(F) sexual harassment; or ``(G) sexual assault or abuse.''. (b) Disclosures.--Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following: ``(s) Covered Discrimination and Harassment Disclosures.-- ``(1) Annual and quarterly disclosures.--Each issuer required to file an annual or quarterly report under subsection (a) shall disclose, in each such report, the following: ``(A) In general.-- ``(i) The number of covered discrimination and harassment claims received within the reporting period. ``(ii) The current number of covered discrimination and harassment claims being investigated at the time of the report. ``(iii) The number of covered discrimination and harassment claims that were resolved within the reporting period. ``(iv) The number of settlements in connection with covered discrimination and harassment claims within the reporting period. ``(v) The number of court judgements in connection with covered discrimination and harassment claims within the reporting period. ``(vi) The aggregate amount of payments made in connection with covered discrimination and harassment claims, including payments made by persons other than the issuer (including amounts that may have been paid under an insurance policy or directly by an employee of the issuer). ``(vii) The outcomes of all adjudicated covered discrimination and harassment cases, including which party was the prevailing party or, if there was no prevailing party, whether there was a settlement with no admission of guilt. ``(B) Additional disclosures.-- ``(i) The number of repeat settlements of covered discrimination and harassment claims with respect to a specific individual. ``(ii) The efforts taken by the issuer, including mandatory covered discrimination and harassment training, to prevent the perpetration of harassment, discrimination, or abuse by employees. ``(iii) The average length of time it takes for the issuer to resolve covered discrimination and harassment claims. ``(C) Inclusion of related entities.-- ``(i) In general.--In making any disclosure under this paragraph, the issuer shall disclosure such information with respect to itself as well as any parent, subsidiary, or affiliate. ``(ii) Data format.--In making any disclosure under this paragraph, the issuer shall report each of the following sets of data: ``(I) In an aggregated format including the disclosures with respect to the issuer and all parents, subsidiaries, and affiliates of the issuer. ``(II) The aggregate of the disclosures for all parents, subsidiaries, and affiliates of the issuer. ``(III) Separate disclosures for the issuer and each parent, subsidiary, or affiliate. ``(2) Attestation requirement.--Each issuer required to file an annual or quarterly report under subsection (a) shall include with such report a separate attestation by the general counsel, the chief financial officer, the chief executive officer, and each member of the board of directors of the issuer that the issuer-- ``(A) has in place policies and systems to ensure that the management of the issuer is aware of the requirements of this subsection, section 14C, and section 14D, and any rules issued thereunder; and ``(B) is in compliance with such requirements and rules. ``(3) Current reports.-- ``(A) In general.--Each issuer required to file current reports under this section shall-- ``(i) file such a report each time the issuer enters or exits any agreement related to the resolution of a covered discrimination and harassment claim against the issuer (or a parent, subsidiary, or other affiliate of the issuer); and ``(ii) state in such report whether the agreement involved a claim against an employee who has had 2 or more previous covered discrimination and harassment claims made against them. ``(B) Redactions.--In making a report required under subparagraph (A), the issuer-- ``(i) may redact the names of specific individuals involved with the agreement; and ``(ii) unless the issuer has received consent from a complainant, shall redact the name of the complainant. ``(4) Claim defined.--In this subsection, the term `claim' means any allegation, assertion, or formal legal action.''. SEC. 3. INDEPENDENT AND IMPARTIAL INVESTIGATORY REQUIREMENTS. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 14B the following: ``SEC. 14C. INDEPENDENT AND IMPARTIAL INVESTIGATORY REQUIREMENTS. ``(a) In General.--In investigating any covered discrimination and harassment claim, an issuer shall engage and pay for a third-party law firm to investigate reports of covered discrimination and harassment on an impartial, fact-finding basis rather than at the direction of or scope defined by the issuer. ``(b) Selection of Law Firm.--In choosing the third-party law firm to be engaged under subsection (a), the issuer may only choose a law firm agreed to by all employees involved with the claim. ``(c) Claim Defined.--In this section, the term `claim' means any allegation, assertion, or formal legal action.''. SEC. 4. MANDATORY COVERED DISCRIMINATION AND HARASSMENT TRAINING, INCLUDING BYSTANDER TRAINING, AND WORKPLACE SURVEY. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.), as amended by section 3, is further amended by inserting after section 14C the following: ``SEC. 14D. MANDATORY COVERED DISCRIMINATION AND HARASSMENT TRAINING, INCLUDING BYSTANDER TRAINING, AND WORKPLACE SURVEY. ``(a) Workplace Training Programs.-- ``(1) In general.--Each covered issuer shall develop and disseminate workplace training programs to educate employees at all levels, no matter what position, about what constitutes prohibited covered discrimination and harassment, how to report covered discrimination and harassment, how to prevent covered discrimination and harassment, and what rights employees have with respect to covered discrimination and harassment. ``(2) Special training for certain employees.--Each training program developed under paragraph (1) shall require separate training for managers and human resources employees. ``(3) Specific contents of training program.--Each training program developed under paragraph (1) shall contain the following: ``(A) An explanation of what constitutes covered discrimination and harassment. ``(B) An explanation of how covered discrimination and harassment can impact victims. ``(C) The rights of individuals with respect to covered discrimination and harassment and how to report it. ``(D) How individuals, including bystanders who encounter covered discrimination and harassment, can intervene or report covered discrimination and harassment and what their rights are should they report. ``(E) How employers and managers can prevent covered discrimination and harassment from occurring in the workplace. ``(F) An identification of available resources for making complaints, including contact information for the head of human resources, contact information for the whistleblower tip line established under this section, and other public resources where further information can be obtained, such as law enforcement agencies, hospitals, and mental health resources. ``(4) Frequency of training.--Each training program developed under paragraph (1) shall-- ``(A) require new employees to complete the training program not later than 60 days after the employee assumes their position; ``(B) require all employees to complete the training program once annually; and ``(C) require any employee found to have committed covered discrimination and harassment to retake the training as soon as possible. ``(b) Annual Survey.--Each covered issuer shall conduct an annual survey of the issuer's employees to determine-- ``(1) whether employees feel safe; ``(2) whether employees would be comfortable reporting sexual harassment; and ``(3) if there are ways the issuer could create better avenues for employees to report sexual harassment. ``(c) Use of Outside Law Firms.-- ``(1) In general.--Each covered issuer shall contract with a third-party law firm to carry out the workplace training program required under subsection (a) and the annual survey required under subsection (b). ``(2) Sense of congress.--It is the sense of the Congress that covered issuers should use the same law firm to carry out the annual survey and the workplace training program. ``(d) Whistleblower Tip Line.--Each covered issuer shall-- ``(1) establish an anonymous whistleblower tip line for employees; and ``(2) with respect to any report made to the tip line, immediately provide the report to the general counsel of the issuer, the head of human resources for the issuer, and the members of the board of directors of the issuer. ``(e) Definitions.--In this section: ``(1) Covered issuer.--The term `covered issuer' means an issuer of a security registered pursuant to section 12. ``(2) Employee.--With respect to an issuer, the term `employee' means-- ``(A) an employee of the issuer, including a volunteer or other individual working for the issuer without pay; and ``(B) an independent contractor who is contracting with the issuer, and each employee of the independent contractor, including a volunteer or other individual working for the contractor without pay.''. all
H.R. 563 (Introduced in House) - Protecting Life and Integrity in Research Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr563ih/html/BILLS-117hr563ih.htm	DOC 117th CONGRESS 1st Session H. R. 563 To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Luetkemeyer (for himself, Mr. Mooney, Mr. Gaetz, Mr. Palazzo, Mr. Joyce of Pennsylvania, Mr. Allen, Mr. Duncan, Mr. Norman, Mr. Weber of Texas, Mr. Tiffany, Mr. Lamborn, Mr. Kelly of Pennsylvania, Mr. Banks, Mr. Jordan, Mr. Wright, Mr. Chabot, Mr. Budd, Mr. Sessions, Mr. Carl, Mr. Feenstra, Mr. Grothman, Mr. Posey, Mr. Graves of Louisiana, Mr. Babin, Mr. Biggs, Mr. Waltz, Mr. Arrington, Mr. Rose, Mr. Stauber, Mr. LaMalfa, Mr. Good of Virginia, Mr. Harris, Mr. Kustoff, Mr. Gibbs, Mr. Kelly of Mississippi, Mr. Latta, Mr. Guest, Mr. Roy, Mr. Loudermilk, Mr. Moore of Alabama, Mr. Smith of New Jersey, Mr. LaTurner, Mr. Rogers of Kentucky, Mr. Rosendale, Ms. Herrell, Mrs. Miller of Illinois, Mr. Jackson, Mrs. Lesko, Mr. Steube, Mr. Fortenberry, Mr. Johnson of Louisiana, Mr. Dunn, and Mrs. Boebert) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from conducting or supporting any research involving human fetal tissue that is obtained pursuant to an induced abortion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Life and Integrity in Research Act of 2021''. SEC. 2. NO RESEARCH BY HHS INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--The Public Health Service Act is amended by inserting after section 498A of such Act (42 U.S.C. 289g-1) the following: ``SEC. 498A-1. NO RESEARCH INVOLVING HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN INDUCED ABORTION. ``(a) In General.--The Secretary may not conduct or support any research involving human fetal tissue that is obtained pursuant to an induced abortion. ``(b) Development of New, Ethical Cell Lines.--Subsection (a) does not limit the authority of the Secretary to develop or support the development of new, high-efficiency cell lines, including for the production of vaccines and genetic vectors, so long as the cell lines are not derived from human fetal tissue that is obtained pursuant to an induced abortion.''. (b) Conforming Amendments.--Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in subsections (a)(2), (c)(1)(B), and (g), by striking ``or induced'' each place it appears; and (2) in subsection (b)(2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as (A) and (B), respectively. SEC. 3. PROHIBITION AGAINST SOLICITATION OR KNOWING ACQUISITION, RECEIPT, OR ACCEPTANCE OF A DONATION OF HUMAN FETAL TISSUE KNOWING THAT THE TISSUE WAS OBTAINED PURSUANT TO AN INDUCED ABORTION. (a) In General.--Paragraph (1) of section 498B(c) of the Public Health Service Act (42 U.S.C. 289g-2(c)) is amended to read as follows: ``(1) solicit or knowingly acquire, receive, or accept a donation (excluding any transfer for purposes of autopsy or burial) of human fetal tissue knowing that-- ``(A) a human pregnancy was deliberately initiated to provide such tissue; or ``(B) the tissue was obtained pursuant to an induced abortion; or''. (b) Conforming Changes.--Section 498B of the Public Health Service Act (42 U.S.C. 289g-2) is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively; (3) in subsection (c), as redesignated-- (A) in paragraph (1), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (B) in paragraph (2), by striking ``or (b)(3)''; and (4) in subsection (d), as redesignated, by amending paragraph (1) to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. SEC. 4. AUTHORIZATION FOR HHS RESEARCH ON FETAL TISSUE AND CORRESPONDING REPORTING. Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in the section heading, by striking ``research on transplantation of fetal tissue'' and inserting ``research on fetal tissue''; (2) in subsection (a)(1)-- (A) by striking ``research on the transplantation of human fetal tissue for therapeutic purposes'' and inserting ``research on human fetal tissue''; and (B) by adding at the end the following: ``Notwithstanding any other provision of law, any research of the Department of Health and Human Services on human fetal tissue shall be conducted or supported in accordance with this section.''; and (3) in subsection (b)(1)(B), by inserting ``if the fetal tissue is intended for transplantation,'' before ``the donation is made''. all
H.R. 564 (Introduced in House) - Comprehensive Paid Leave for Federal Employees Act	https://www.govinfo.gov/content/pkg/BILLS-117hr564ih/html/BILLS-117hr564ih.htm	DOC 117th CONGRESS 1st Session H. R. 564 To provide paid family and medical leave to Federal employees, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Hoyer, Mr. Smith of Washington, Ms. DeLauro, Mr. Connolly, Mr. Beyer, Ms. Norton, and Ms. Speier) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Veterans' Affairs, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide paid family and medical leave to Federal employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Paid Leave for Federal Employees Act''. SEC. 2. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL EMPLOYEES COVERED BY TITLE 5. Chapter 63 of title 5, United States Code, is amended-- (1) in section 6381, by amending paragraph (1)(B) to read as follows: ``(B) has completed at least 12 months of service-- ``(i) as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or ``(ii) on covered active duty as a member of the National Guard or Reserves that interrupts service described in clause (i);''; and (2) in section 6382-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``12 administrative workweeks of leave'' and inserting ``12 administrative work weeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii)''; and (II) in subparagraph (B), by inserting ``and in order to care for such son or daughter'' before the period; (ii) by amending paragraph (2) to read as follows: ``(2)(A) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) shall commence at time of birth or placement of a son or daughter and shall expire at the end of the 12-month period beginning on the date of such birth or placement. ``(B) Notwithstanding subparagraph (A), the entitlement to leave under subparagraph (B) in connection with adoption may commence prior to the placement of the son or daughter to be adopted for activities necessary to allow the adoption to proceed.''; and (iii) in paragraph (4)-- (I) by striking ``Subject to subsection (d)(2), during'' and inserting ``During''; and (II) by inserting ``(or 26 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii))'' after ``26 administrative workweeks of leave''; and (B) in subsection (d)-- (i) in paragraph (1)-- (I) by striking the first sentence; and (II) by striking ``under subchapter I''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A) through (E)''; (II) by striking ``parental'' in each instance; (III) in subparagraph (B)(i), by striking ``birth or placement involved'' and inserting ``event giving rise to such leave''; (IV) by amending subparagraph (E) to read as follows: ``(E) Nothing in this paragraph shall be construed to modify the service requirement in section 6381(1)(B).''; (V) in subparagraph (F)(i), by striking ``An employee'' and inserting ``With respect to leave described under subparagraph (A) or (B) of subsection (a)(1), an employee''; and (VI) by adding at the end the following: ``(H) Notwithstanding paragraph (2)(B)(i), with respect to any employee who received paid leave for an event giving rise to such leave under any other provision of law and who becomes subject to this section during the period of eligibility for paid leave under this section with respect to such event, any paid leave for such event provided by this section shall be reduced by the total number of days of paid leave taken by such employee under such other provision of law.''. SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995. Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312), is amended-- (1) in subsection (a)-- (A) paragraph (1)-- (i) in the second sentence-- (I) by striking ``subsection (a)(1)(A) or (B)'' and inserting ``under any of subsections (a)(1)(A) through (E)''; and (II) by inserting ``and in the case of leave that includes leave for such an event, the period of leave to which a covered employee is entitled under section 102(a)(1) of such Act shall be 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B) of this section'' before the period; and (ii) by striking the third sentence and inserting the following: ``For purposes of applying section 102(a)(4) of such Act, in the case of leave that includes leave under any of subparagraphs (A) through (E) of section 102(a)(1) of such Act, a covered employee is entitled, under paragraphs (1) and (3) of section 102(a) of such Act, to a combined total of 26 workweeks of leave plus any additional period of leave used under subsection (d)(2)(B) of this section.''; and (B) in paragraph (2), by amending subparagraph (B) to read as follows: ``(B) except for leave described under section 102(a)(3) of such Act, the term `eligible employee' as used in that Act means a covered employee.''; and (2) in subsection (d)-- (A) in the subsection heading, by striking ``Parental Leave'' and inserting ``Family and Medical Leave''; (B) by striking ``subparagraph (A) or (B)'' and inserting ``any of subparagraphs (A) through (E)''; (C) by striking ``parental'' in each instance; and (D) in paragraph (2)(A), by striking ``birth or placement involved'' and inserting ``event giving rise to such leave''. SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, AND POSTAL REGULATORY COMMISSION EMPLOYEES. The Family and Medical Leave Act of 1993 (29 U.S.C. 2612), is amended-- (1) in section 101(2)(E)-- (A) in the subparagraph heading, by inserting ``USPS, and postal regulatory commission'' after ``GAO''; (B) by inserting ``the United States Postal Service, or the Postal Regulatory Commission'' after ``Government Accountability Office''; and (C) by striking ``section 102(a)(1)(A) or (B)'' and inserting ``section 102(a)(1)(A) through (E)''; (2) in section 102(a)(3)-- (A) in the paragraph heading, by inserting ``USPS, and postal regulatory commission'' after ``GAO''; (B) by striking ``the Government Accountability Office'' in each instance and inserting ``the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission''; (C) by striking ``parental'' in each instance and inserting ``family and medical''; (D) in subparagraph (A), by striking ``subparagraph (A) or (B)'' and inserting ``subparagraphs (A) through (E)''; and (E) in subparagraph (B)(i), by striking ``birth or placement involved'' and inserting ``event giving rise to such leave''; and (3) by adding at the end of section 102(a) the following: ``(6) Special rules on period of leave.--With respect to an employee of the Government Accountability Office, the Library of Congress, the United States Postal Service, or the Postal Regulatory Commission-- ``(A) in the case of leave that includes leave under subparagraph (A) through (E) of paragraph (1), the employee shall be entitled to 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be; and ``(B) for the purposes of paragraph (4), the employee is entitled, under paragraphs (1) and (3), to a combined total of 26 workweeks of leave plus, if applicable, any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be.''. SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE PRESIDENT. Section 412 of title 3, United States Code, is amended-- (1) in subsection (a)(3), by striking ``or (B)'' and inserting ``through (E)''; and (2) in subsection (c), by striking ``or (B)'' in each instance and inserting ``through (E)''. SEC. 6. FAA AND TSA EMPLOYEES. Section 40122(g)(5) of title 49, United States Code, is amended-- (1) in the paragraph heading, by striking ``parental''; and (2) by striking ``parental'' in each instance. SEC. 7. TITLE 38 EMPLOYEES. Not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall modify the family and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to conform with this Act and the amendments made by this Act. SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE. (a) District of Columbia Courts.--Subsection (d) of section 11- 1726, District of Columbia Official Code, is amended to read as follows: ``(d) In carrying out the family and medical leave act of 1993 (29 U.S.C. 2601 et seq.) with respect to non-judicial employees of the District of Columbia courts, the Joint Committee on Judicial Administration shall, notwithstanding any provision of such Act, establish a paid family and medical leave program for the leave described in subparagraphs (A) through (E) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)). In developing the terms and conditions for this program, the Joint Committee may be guided by the terms and conditions applicable to the provision of paid family and medical leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.''. (b) District of Columbia Public Defender Service.--Subsection (d) of section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 21605, D.C. Official Code) is amended to read as follows: ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to employees of the Service, the Director shall, notwithstanding any provision of such Act, establish a paid leave program for the leave described in subparagraphs (A) through (E) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)). In developing the terms and conditions for this program, the Director may be guided by the terms and conditions applicable to the provision of paid family and medical leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.''. all
H.R. 565 (Introduced in House) - South Florida Clean Coastal Waters Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr565ih/html/BILLS-117hr565ih.htm	DOC 117th CONGRESS 1st Session H. R. 565 To require the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to develop a plan for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Mast (for himself, Mr. Soto, and Mr. Posey) introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require the Inter-Agency Task Force on Harmful Algal Blooms and Hypoxia to develop a plan for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``South Florida Clean Coastal Waters Act of 2021''. SEC. 2. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA ASSESSMENT AND ACTION PLAN. (a) In General.--The Harmful Algal Bloom and Hypoxia Research and Control Act of 1998 (Public Law 105-383; 33 U.S.C. 4001 et seq.) is amended-- (1) by redesignating sections 605 through 609 as sections 606 through 610, respectively; and (2) by inserting after section 604 the following: ``SEC. 605. SOUTH FLORIDA HARMFUL ALGAL BLOOMS AND HYPOXIA. ``(a) South Florida.--In this section, the term `South Florida' means-- ``(1) all lands and waters within the administrative boundaries of the South Florida Water Management District; ``(2) regional coastal waters, including Biscayne Bay, the Caloosahatchee Estuary, Florida Bay, Indian River Lagoon, and St. Lucie River Estuary; and ``(3) the Florida Reef Tract. ``(b) Integrated Assessment.-- ``(1) Interim integrated assessment.--Not later than 540 days after the date of enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force, in accordance with the authority under section 603, shall complete and submit to Congress and the President an interim integrated assessment. ``(2) Finalized integrated assessment.--Not later than 3 years after the date of enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force shall finalize, and submit to Congress and the President, the interim integrated assessment required by paragraph (1). ``(3) Contents of integrated assessment.--The integrated assessment required by paragraphs (1) and (2) shall examine the causes, consequences, and potential approaches to reduce harmful algal blooms and hypoxia in South Florida, and the status of, and gaps within, current harmful algal bloom and hypoxia research, monitoring, management, prevention, response, and control activities that directly affect the region by-- ``(A) Federal agencies; ``(B) State agencies; ``(C) regional research consortia; ``(D) academia; ``(E) private industry; ``(F) nongovernmental organizations; and ``(G) Indian tribes (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)). ``(c) Action Plan.-- ``(1) In general.--Not later than 3 years and 180 days after the date of the enactment of the South Florida Clean Coastal Waters Act of 2021, the Task Force shall develop and submit to Congress a plan, based on the integrated assessment under subsection (b), for reducing, mitigating, and controlling harmful algal blooms and hypoxia in South Florida. ``(2) Contents.--The plan submitted under paragraph (1) shall-- ``(A) address the monitoring needs identified in the integrated assessment under subsection (b); ``(B) develop a timeline and budgetary requirements for deployment of future assets; ``(C) identify requirements for the development and verification of South Florida harmful algal bloom and hypoxia models, including-- ``(i) all assumptions built into the models; and ``(ii) data quality methods used to ensure the best available data are utilized; and ``(D) propose a plan to implement a remote monitoring network and early warning system for alerting local communities in the region to harmful algal bloom risks that may impact human health. ``(3) Requirements.--In developing the action plan, the Task Force shall-- ``(A) consult with the State of Florida, and affected local and tribal governments; ``(B) consult with representatives from regional academic, agricultural, industry, and other stakeholder groups; ``(C) ensure that the plan complements and does not duplicate activities conducted by other Federal or State agencies, including the South Florida Ecosystem Restoration Task Force; ``(D) identify critical research for reducing, mitigating, and controlling harmful algal bloom events and their effects; ``(E) evaluate cost-effective, incentive-based partnership approaches; ``(F) ensure that the plan is technically sound and cost-effective; ``(G) utilize existing research, assessments, reports, and program activities; ``(H) publish a summary of the proposed plan in the Federal Register at least 180 days prior to submitting the completed plan to Congress; and ``(I) after submitting the completed plan to Congress, provide biennial progress reports on the activities toward achieving the objectives of the plan.''. (b) Clerical Amendment and Correction.--The table of contents in section 2 of the Coast Guard Authorization Act of 1998 (Public Law 105- 383) is amended by striking the items relating to title VI and inserting the following new items: ``TITLE VI--HARMFUL ALGAL BLOOMS AND HYPOXIA ``Sec. 601. Short title. ``Sec. 602. Findings. ``Sec. 603. Assessments. ``Sec. 603A. National Harmful Algal Bloom and Hypoxia Program. ``Sec. 603B. Comprehensive research plan and action strategy. ``Sec. 604. Northern Gulf of Mexico hypoxia. ``Sec. 605. South Florida harmful algal blooms and hypoxia. ``Sec. 606. Great Lakes hypoxia and harmful algal blooms. ``Sec. 607. Protection of States' rights. ``Sec. 608. Effect on other Federal authority. ``Sec. 609. Definitions. ``Sec. 610. Authorization of appropriations.''. all
"H.R. 566 (Introduced in House)- To amend section 105(a) of the Child Abuse Prevention and Treatment 
Act to authorize the Secretary of Health and Human Services to award a 
grant to a nonprofit entity for a national child abuse hotline."	https://www.govinfo.gov/content/pkg/BILLS-117hr566ih/html/BILLS-117hr566ih.htm	DOC 117th CONGRESS 1st Session H. R. 566 To amend section 105(a) of the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to award a grant to a nonprofit entity for a national child abuse hotline. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. McBath (for herself and Ms. Stefanik) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend section 105(a) of the Child Abuse Prevention and Treatment Act to authorize the Secretary of Health and Human Services to award a grant to a nonprofit entity for a national child abuse hotline. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NATIONAL CHILD ABUSE HOTLINE. Section 105(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106(a)) is amended by adding at the end the following: ``(8) National child abuse hotline.-- ``(A) In general.--The Secretary may award a grant under this subsection to a nonprofit entity to provide for the ongoing operation of a 24-hour, national, toll- free telephone hotline to provide information and assistance to youth victims of child abuse or neglect, parents, caregivers, mandated reporters, and other concerned community members, including through alternative modalities for communications (such as texting or chat services) with such victims and other information seekers. ``(B) Priority.--In awarding grants described in this paragraph, the Secretary shall give priority to applicants with experience in operating a hotline that provides assistance to victims of child abuse, parents, caregivers, and mandated reporters. ``(C) Application.--To be eligible to receive a grant described in this paragraph, a nonprofit entity shall submit an application to the Secretary that shall-- ``(i) contain such assurances and information, be in such form, and be submitted in such manner, as the Secretary shall prescribe; ``(ii) include a complete description of the entity's plan for the operation of a national child abuse hotline, including descriptions of-- ``(I) the professional development program for hotline personnel, including technology professional development to ensure that all persons affiliated with the hotline are able to effectively operate any technological systems used by the hotline; ``(II) the qualifications for hotline personnel; ``(III) the methods for the creation, maintenance, and updating of a comprehensive list of prevention and treatment service providers; ``(IV) a plan for publicizing the availability of the hotline throughout the United States; ``(V) a plan for providing service to non-English speaking callers, including service through hotline personnel who have non-English language capability; ``(VI) a plan for facilitating access to the hotline and alternative modality services by persons with hearing impairments and disabilities; ``(VII) a plan for providing crisis counseling, general assistance, and referrals to youth victims of child abuse; and ``(VIII) a plan to offer alternative services to calling, such as texting or live chat; ``(iii) demonstrate that the entity has the capacity and the expertise to maintain a child abuse hotline and a comprehensive list of service providers; ``(iv) demonstrate the ability to provide information and referrals for contacts, directly connect contacts to service providers, and employ crisis interventions; ``(v) demonstrate that the entity has a commitment to providing services to individuals in need; and ``(vi) demonstrate that the entity complies with State privacy laws and has established quality assurance practices.''. all
H.R. 567 (Engrossed in House) - Trans-Sahara Counterterrorism Partnership Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr567eh/html/BILLS-117hr567eh.htm	DOC 117th CONGRESS 1st Session H. R. 567 _______________________________________________________________________ AN ACT To establish an interagency program to assist countries in North and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trans-Sahara Counterterrorism Partnership Program Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) terrorist and violent extremist organizations, such as Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State of West Africa, and other affiliated groups, have killed tens of thousands of innocent civilians, displaced populations, destabilized local and national governments, and caused mass human suffering in the affected communities; (2) poor governance, political and economic marginalization, and lack of accountability for human rights abuses by security forces are drivers of extremism; (3) it is in the national security interest of the United States to combat the spread of terrorism and violent extremism and build the capacity of partner countries to combat these threats in Africa; (4) terrorist and violent extremist organizations exploit vulnerable and marginalized communities suffering from poverty, lack of economic opportunity (particularly among youth populations), corruption, and weak governance; and (5) a comprehensive, coordinated interagency approach is needed to develop an effective strategy to address the security challenges in the Sahel-Maghreb, appropriately allocate resources, de-conflict programs, and maximize the effectiveness of United States defense, diplomatic, and development capabilities. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to assist countries in North and West Africa, and other allies and partners active in those regions, in combating terrorism and violent extremism through a coordinated interagency approach with a consistent strategy that appropriately balances security activities with diplomatic and development efforts to address the political, socioeconomic, governance, and development challenges in North and West Africa that contribute to terrorism and violent extremism. SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM. (a) Trans-Sahara Counterterrorism Partnership Program.-- (1) Establishment.--The Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall establish a partnership program, to be known as the ``Trans- Sahara Counterterrorism Partnership (TSCTP) Program'' to coordinate all programs, projects, and activities of the United States Government in countries in North and West Africa that are conducted for any of the following purposes: (A) To improve governance and the capacities of countries in North and West Africa to deliver basic services, particularly with at-risk communities, as a means of countering terrorism and violent extremism by enhancing state legitimacy and authority and countering corruption. (B) To address the factors that make people and communities vulnerable to recruitment by terrorist and violent extremist organizations, including economic vulnerability and mistrust of government and government security forces, through activities such as-- (i) supporting strategies that increase youth employment opportunities; (ii) promoting girls' education and women's political participation; (iii) strengthening local governance and civil society capacity; (iv) improving government transparency and accountability; (v) fighting corruption; (vi) improving access to economic opportunities; and (vii) other development activities necessary to support community resilience. (C) To strengthen the rule of law in such countries, including by enhancing the capability of the judicial institutions to independently, transparently, and credibly deter, investigate, and prosecute acts of terrorism and violent extremism. (D) To improve the ability of military and law enforcement entities in partner countries to detect, disrupt, respond to, and prosecute violent extremist and terrorist activity while respecting human rights, and to cooperate with the United States and other partner countries on counterterrorism and counter- extremism efforts. (E) To enhance the border security capacity of partner countries, including the ability to monitor, detain, and interdict terrorists. (F) To identify, monitor, disrupt, and counter the human capital and financing pipelines of terrorism. (G) To support the free expression and operations of independent, local-language media, particularly in rural areas, while countering the media operations and recruitment propaganda of terrorist and violent extremist organizations. (2) Assistance framework.--Activities carried out under the TSCTP Program shall-- (A) be carried out in countries where the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, determines that there is an adequate level of partner country commitment, and has considered partner country needs, absorptive capacity, sustainment capacity, and efforts of other donors in the sector; (B) have clearly defined outcomes; (C) be closely coordinated among United States diplomatic and development missions, United States Africa Command, and relevant participating departments and agencies; (D) have specific plans with robust indicators to regularly monitor and evaluate outcomes and impact; (E) complement and enhance efforts to promote democratic governance, the rule of law, human rights, and economic growth; (F) in the case of train and equip programs, complement longer-term security sector institution- building; and (G) have mechanisms in place to track resources and routinely monitor and evaluate the efficacy of relevant programs. (3) Consultation.--In coordinating activities through the TSCTP Program, the Secretary of State shall also establish a coordination mechanism that ensures periodic consultation with, as appropriate, the Director of National Intelligence, the Secretary of the Treasury, the Attorney General, the Chief Executive Officer of the United States Agency for Global Media (formerly known as the Broadcasting Board of Governors), and the heads of other relevant Federal departments and agencies, as determined by the President. (4) Congressional notification.--Not later than 15 days before obligating amounts for an activity of the TSCTP Program pursuant to paragraph (1), the Secretary of State shall submit a notification to the appropriate congressional committees, in accordance with the requirements of section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1), that includes the following: (A) The foreign country and entity, as applicable, whose capabilities are to be enhanced in accordance with the purposes specified in paragraph (1). (B) The amount, type, and purpose of support to be provided. (C) An assessment of the capacity of the foreign country to effectively implement, benefit from, or utilize the assistance to be provided for the intended purpose. (D) The anticipated implementation timeline for the activity. (E) As applicable, a description of the plans to sustain any military or security equipment provided beyond the completion date of such activity, and the estimated cost and source of funds to support such sustainment. (b) International Coordination.--Efforts carried out under this section shall take into account partner country counterterrorism, counter-extremism, and development strategies and, to the extent practicable, shall be aligned with such strategies. Such efforts shall be coordinated with counterterrorism and counter-extremism activities and programs in the areas of defense, diplomacy, and development carried out by other like-minded donors and international organizations in the relevant country. (c) Strategies.--Not later than 270 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development and other relevant Federal Government agencies, shall submit to the appropriate congressional committees the following strategies: (1) A comprehensive five-year strategy for the sahel- maghreb.--A comprehensive five-year strategy for the Sahel- Maghreb, including details related to whole-of-government efforts in the areas of defense, diplomacy, and development to advance the national security, economic, and humanitarian interests of the United States, including-- (A) efforts to ensure coordination with multilateral and bilateral partners, such as the Joint Force of the Group of Five of the Sahel, and with other relevant assistance frameworks; (B) a public diplomacy strategy and actions to ensure that populations in the Sahel-Maghreb are aware of the development activities of the United States Government, especially in countries with a significant Department of Defense presence or engagement through train and equip programs; (C) activities aimed at supporting democratic institutions and countering violent extremism with measurable goals and transparent benchmarks; (D) plans to help each partner country address humanitarian and development needs and to help prevent, respond to, and mitigate intercommunal violence; (E) a comprehensive plan to support security sector reform in each partner country that includes a detailed section on programs and activities being undertaken by relevant stakeholders and other international actors operating in the sector and that incorporates as appropriate any lessons learned from previous initiatives to improve security sector governance; and (F) a specific strategy for Mali that includes plans for sustained, high-level diplomatic engagement with stakeholders, including countries in Europe and the Middle East with interests in the Sahel-Maghreb, regional governments, relevant multilateral organizations, signatory groups of the 2015 Agreement for Peace and Reconciliation in Mali, and civil society actors. (2) A comprehensive five-year strategy for tsctp program counterterrorism efforts.--A comprehensive five-year strategy for the TSCTP Program that includes-- (A) a clear statement of the objectives of United States counterterrorism efforts in North and West Africa with respect to the use of all forms of United States assistance to combat terrorism and counter violent extremism, including efforts to build military and civilian law enforcement capacity, strengthen the rule of law, promote responsive and accountable governance, and address the root causes of terrorism and violent extremism; (B) a plan for coordinating programs through the TSCTP Program pursuant to subsection (a)(1), including an identification of which agency or bureau of the Department of State, as applicable, will be responsible for leading, coordinating, and conducting monitoring and evaluation for each such program, and the process for enabling the leading agency or bureau to establish standards, compel partners to adhere to those standards, and report results; (C) a plan to monitor, evaluate, and share data and learning about the TSCTP Program that includes quantifiable baselines, targets, and results in accordance with monitoring and evaluation provisions of sections 3 and 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114-191); and (D) a plan for ensuring coordination and compliance with related requirements in United States law, including the Global Fragility Act of 2019 (title V of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94)). (3) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Department of State shall consult with appropriate congressional committees on progress made towards developing the strategies required in paragraphs (1) and (2). (d) Supporting Material in Annual Budget Request.--The Secretary of State shall include in the budget materials submitted to Congress in support of the President's annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year beginning after the date of the enactment of this Act, and annually thereafter for five years, a description of the requirements, activities, and planned allocation of amounts requested by the TSCTP Program. This requirement does not apply to activities of the Department of Defense conducted pursuant to authorities under title 10, United States Code. (e) Monitoring and Evaluation of Programs and Activities.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report that describes-- (1) the progress made in meeting the objectives of the strategies required under paragraphs (1) and (2) of subsection (c), including any lessons learned in carrying out TSCTP Program activities and any recommendations for improving such programs and activities; (2) the efforts taken to coordinate, de-conflict, and streamline TSCTP Program activities to maximize resource effectiveness; (3) the extent to which each partner country has demonstrated the ability to absorb the equipment or training provided in the previous year under the TSCTP Program, and where applicable, the ability to maintain and appropriately utilize such equipment; (4) the extent to which each partner country is investing its own resources to advance the goals described in subsection (a)(1) or is demonstrating a commitment and willingness to cooperate with the United States to advance such goals; (5) the actions taken by the government of each partner country receiving assistance under the TSCTP Program to combat corruption, improve transparency and accountability, and promote other forms of democratic governance; (6) the assistance provided in each of the three preceding fiscal years under this program, broken down by partner country, to include the type, statutory authorization, and purpose of all United States security assistance provided to the country pursuant to authorities under title 10, United States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other ``train and equip'' authorities of the Department of Defense; and (7) any changes or updates to the Comprehensive Five-Year Strategy for the TSCTP Program required under paragraph (2) of subsection (c) necessitated by the findings in this annual report. (f) Reporting Requirement Related to Audit of Bureau of African Affairs Monitoring and Coordination of the Trans-Sahara Counterterrorism Partnership Program.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter until all 13 recommendations in the September 2020 Department of State Office of Inspector General audit entitled ``Audit of the Department of State Bureau of African Affairs Monitoring and Coordination of the Trans- Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are closed or until the date that is three years after the date of the enactment of this Act, whichever is earlier, the Secretary of State shall submit to the appropriate congressional committees a report that identifies-- (1) which of the 13 recommendations in AUD-MERO-20-42 have not been closed; (2) a description of progress made since the last report toward closing each recommendation identified under paragraph (1); (3) additional resources needed, including assessment of staffing capacity, if any, to complete action required to close each recommendation identified under paragraph (1); and (4) the anticipated timeline for completion of action required to close each recommendation identified under paragraph (1), including application of all recommendations into all existing security assistance programs managed by the Department of State under the TSCTP Program. (g) Program Administration.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall report to Congress plans for conducting a written review of a representative sample of each of the security assistance programs administered by the Bureau of African Affairs to identify potential waste, fraud, abuse, inefficiencies, or deficiencies. The review shall include an analysis of staff capacity, including human resource needs, available resources, procedural guidance, and monitoring and evaluation processes to ensure the Bureau of African Affairs is managing programs efficiently and effectively. (h) Form.--The strategies required under paragraphs (1) and (2) of subsection (c) and the reports required under subsections (e), (f), and (g) shall be submitted in unclassified form but may include a classified annex. (i) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. Passed the House of Representatives June 29, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 567 _______________________________________________________________________ AN ACT To establish an interagency program to assist countries in North and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes.
H.R. 567 (Introduced in House) - Trans-Sahara Counterterrorism Partnership Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr567ih/html/BILLS-117hr567ih.htm	DOC 117th CONGRESS 1st Session H. R. 567 To establish an interagency program to assist countries in North and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. McCaul introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To establish an interagency program to assist countries in North and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trans-Sahara Counterterrorism Partnership Program Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) terrorist and violent extremist organizations, such as Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State of West Africa, and other affiliated groups, have killed tens of thousands of innocent civilians, displaced populations, destabilized local and national governments, and caused mass human suffering in the affected communities; (2) poor governance, political and economic marginalization, and lack of accountability for human rights abuses by security forces are drivers of extremism; (3) it is in the national security interest of the United States to combat the spread of terrorism and violent extremism and build the capacity of partner countries to combat these threats in Africa; (4) terrorist and violent extremist organizations exploit vulnerable and marginalized communities suffering from poverty, lack of economic opportunity (particularly among youth populations), corruption, and weak governance; and (5) a comprehensive, coordinated interagency approach is needed to develop an effective strategy to address the security challenges in the Sahel-Maghreb, appropriately allocate resources, de-conflict programs, and maximize the effectiveness of United States defense, diplomatic, and development capabilities. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to assist countries in North and West Africa, and other allies and partners active in those regions, in combating terrorism and violent extremism through a coordinated interagency approach with a consistent strategy that appropriately balances security activities with diplomatic and development efforts to address the political, socioeconomic, governance, and development challenges in North and West Africa that contribute to terrorism and violent extremism. SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM. (a) Trans-Sahara Counterterrorism Partnership Program.-- (1) Establishment.--The Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall establish a partnership program, to be known as the ``Trans- Sahara Counterterrorism Partnership (TSCTP) Program'' to coordinate all programs, projects, and activities of the United States Government in countries in North and West Africa that are conducted for any of the following purposes: (A) To improve governance and the capacities of countries in North and West Africa to deliver basic services, particularly with at-risk communities, as a means of countering terrorism and violent extremism by enhancing state legitimacy and authority and countering corruption. (B) To address the factors that make people and communities vulnerable to recruitment by terrorist and violent extremist organizations, including economic vulnerability and mistrust of government and government security forces, through activities such as-- (i) supporting strategies that increase youth employment opportunities; (ii) promoting girls' education and women's political participation; (iii) strengthening local governance and civil society capacity; (iv) improving government transparency and accountability; (v) fighting corruption; (vi) improving access to economic opportunities; and (vii) other development activities necessary to support community resilience. (C) To strengthen the rule of law in such countries, including by enhancing the capability of the judicial institutions to independently, transparently, and credibly deter, investigate, and prosecute acts of terrorism and violent extremism. (D) To improve the ability of military and law enforcement entities in partner countries to detect, disrupt, respond to, and prosecute violent extremist and terrorist activity while respecting human rights, and to cooperate with the United States and other partner countries on counterterrorism and counter- extremism efforts. (E) To enhance the border security capacity of partner countries, including the ability to monitor, detain, and interdict terrorists. (F) To identify, monitor, disrupt, and counter the human capital and financing pipelines of terrorism. (G) To support the free expression and operations of independent, local-language media, particularly in rural areas, while countering the media operations and recruitment propaganda of terrorist and violent extremist organizations. (2) Assistance framework.--Activities carried out under the TSCTP Program shall-- (A) be carried out in countries where the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, determines that there is an adequate level of partner country commitment, and has considered partner country needs, absorptive capacity, sustainment capacity, and efforts of other donors in the sector; (B) have clearly defined outcomes; (C) be closely coordinated among United States diplomatic and development missions, United States Africa Command, and relevant participating departments and agencies; (D) have specific plans with robust indicators to regularly monitor and evaluate outcomes and impact; (E) complement and enhance efforts to promote democratic governance, the rule of law, human rights, and economic growth; (F) in the case of train and equip programs, complement longer-term security sector institution- building; and (G) have mechanisms in place to track resources and routinely monitor and evaluate the efficacy of relevant programs. (3) Consultation.--In coordinating activities through the TSCTP Program, the Secretary of State shall also establish a coordination mechanism that ensures periodic consultation with, as appropriate, the Director of National Intelligence, the Secretary of the Treasury, the Attorney General, the Chief Executive Officer of the United States Agency for Global Media (formerly known as the Broadcasting Board of Governors), and the heads of other relevant Federal departments and agencies, as determined by the President. (4) Congressional notification.-- (A) In general.--Not later than 15 days before obligating amounts for an activity of the TSCTP Program pursuant to paragraph (1), the Secretary of State shall submit a notification to the appropriate congressional committees, in accordance with the requirements of section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1), that includes the following: (i) The foreign country and entity, as applicable, whose capabilities are to be enhanced in accordance with the purposes specified in paragraph (1). (ii) The amount, type, and purpose of support to be provided. (iii) An assessment of the capacity of the foreign country to effectively implement, benefit from, or utilize the assistance to be provided for the intended purpose. (iv) The anticipated implementation timeline for the activity. (v) As applicable, a description of the plans to sustain any military or security equipment provided beyond the completion date of such activity, and the estimated cost and source of funds to support such sustainment. (B) Exception.--The notification requirement under subparagraph (A) does not apply to activities of the Department of Defense conducted pursuant to authorities under title 10, United States Code. (b) International Coordination.--Efforts carried out under this section shall take into account partner country counterterrorism, counter-extremism, and development strategies and, to the extent practicable, shall be aligned with such strategies. Such efforts shall be coordinated with counterterrorism and counter-extremism activities and programs in the areas of defense, diplomacy, and development carried out by other like-minded donors and international organizations in the relevant country. (c) Strategies.--Not later than 270 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development and other relevant Federal Government agencies, shall submit to the appropriate congressional committees the following strategies: (1) A comprehensive five-year strategy for the sahel- maghreb.--A comprehensive five-year strategy for the Sahel- Maghreb, including details related to whole-of-government efforts in the areas of defense, diplomacy, and development to advance the national security, economic, and humanitarian interests of the United States, including-- (A) efforts to ensure coordination with multilateral and bilateral partners, such as the Joint Force of the Group of Five of the Sahel, and with other relevant assistance frameworks; (B) a public diplomacy strategy and actions to ensure that populations in the Sahel-Maghreb are aware of the development activities of the United States Government, especially in countries with a significant Department of Defense presence or engagement through train and equip programs; (C) activities aimed at supporting democratic institutions and countering violent extremism with measurable goals and transparent benchmarks; (D) plans to help each partner country address humanitarian and development needs and to help prevent, respond to, and mitigate intercommunal violence; (E) a comprehensive plan to support security sector reform in each partner country that includes a detailed section on programs and activities being undertaken by relevant stakeholders and other international actors operating in the sector; and (F) a specific strategy for Mali that includes plans for sustained, high-level diplomatic engagement with stakeholders, including countries in Europe and the Middle East with interests in the Sahel-Maghreb, regional governments, relevant multilateral organizations, signatory groups of the 2015 Agreement for Peace and Reconciliation in Mali, and civil society actors. (2) A comprehensive five-year strategy for tsctp program counterterrorism efforts.--A comprehensive five-year strategy for the TSCTP Program that includes-- (A) a clear statement of the objectives of United States counterterrorism efforts in North and West Africa with respect to the use of all forms of United States assistance to combat terrorism and counter violent extremism, including efforts to build military and civilian law enforcement capacity, strengthen the rule of law, promote responsive and accountable governance, and address the root causes of terrorism and violent extremism; (B) a plan for coordinating programs through the TSCTP Program pursuant to subsection (a)(1), including an identification of which agency or bureau of the Department of State, as applicable, will be responsible for leading, coordinating, and conducting monitoring and evaluation for each such program, and the process for enabling the leading agency or bureau to establish standards, compel partners to adhere to those standards, and report results; (C) a plan to monitor, evaluate, and share data and learning about the TSCTP Program that includes quantifiable baselines, targets, and results in accordance with monitoring and evaluation provisions of sections 3 and 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114-191); and (D) a plan for ensuring coordination and compliance with related requirements in United States law, including the Global Fragility Act of 2019 (title V of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94)). (3) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Department of State shall consult with appropriate congressional committees on progress made towards developing the strategies required in paragraphs (1) and (2). (d) Supporting Material in Annual Budget Request.--The Secretary of State shall include in the budget materials submitted to Congress in support of the President's annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year beginning after the date of the enactment of this Act, and annually thereafter for five years, a description of the requirements, activities, and planned allocation of amounts requested by the TSCTP Program. This requirement does not apply to activities of the Department of Defense conducted pursuant to authorities under title 10, United States Code. (e) Monitoring and Evaluation of Programs and Activities.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report that describes-- (1) the progress made in meeting the objectives of the strategies required under paragraphs (1) and (2) of subsection (c), including any lessons learned in carrying out TSCTP Program activities and any recommendations for improving such programs and activities; (2) the efforts taken to coordinate, de-conflict, and streamline TSCTP Program activities to maximize resource effectiveness; (3) the extent to which each partner country has demonstrated the ability to absorb the equipment or training provided in the previous year under the TSCTP Program, and where applicable, the ability to maintain and appropriately utilize such equipment; (4) the extent to which each partner country is investing its own resources to advance the goals described in subsection (a)(1) or is demonstrating a commitment and willingness to cooperate with the United States to advance such goals; (5) the actions taken by the government of each partner country receiving assistance under the TSCTP Program to combat corruption, improve transparency and accountability, and promote other forms of democratic governance; (6) the assistance provided in each of the three preceding fiscal years under this program, broken down by partner country, to include the type, statutory authorization, and purpose of all United States security assistance provided to the country pursuant to authorities under title 10, United States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other ``train and equip'' authorities of the Department of Defense; and (7) any changes or updates to the Comprehensive Five-Year Strategy for the TSCTP Program required under paragraph (2) of subsection (c) necessitated by the findings in this annual report. (f) Reporting Requirement Related to Audit of Bureau of African Affairs Monitoring and Coordination of the Trans-Sahara Counterterrorism Partnership Program.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter until all 13 recommendations in the September 2020 Department of State Office of Inspector General audit entitled ``Audit of the Department of State Bureau of African Affairs Monitoring and Coordination of the Trans- Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are closed or until the date that is three years after the date of the enactment of this Act, whichever is earlier, the Secretary of State shall submit to the appropriate congressional committees a report that identifies-- (1) which of the 13 recommendations in AUD-MERO-20-42 have not been closed; (2) a description of progress made since the last report toward closing each recommendation identified under paragraph (1); (3) additional resources needed, including assessment of staffing capacity, if any, to complete action required to close each recommendation identified under paragraph (1); and (4) the anticipated timeline for completion of action required to close each recommendation identified under paragraph (1), including application of all recommendations into all existing security assistance programs managed by the Department of State under the TSCTP Program. (g) Program Administration.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall report to Congress plans for conducting a written review of a representative sample of each of the security assistance programs administered by the Bureau of African Affairs to identify potential waste, fraud, abuse, inefficiencies, or deficiencies. The review shall include an analysis of staff capacity, including human resource needs, available resources, procedural guidance, and monitoring and evaluation processes to ensure the Bureau of African Affairs is managing programs efficiently and effectively. (h) Form.--The strategies required under paragraphs (1) and (2) of subsection (c) and the reports required under subsections (e), (f), and (g) shall be submitted in unclassified form but may include a classified annex. (i) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. all
H.R. 567 (Referred in Senate) - Trans-Sahara Counterterrorism Partnership Program Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr567rfs/html/BILLS-117hr567rfs.htm	DOC 117th CONGRESS 1st Session H. R. 567 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 12, 2021 Received; read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ AN ACT To establish an interagency program to assist countries in North and West Africa to improve immediate and long-term capabilities to counter terrorist threats, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Trans-Sahara Counterterrorism Partnership Program Act of 2021''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) terrorist and violent extremist organizations, such as Al Qaeda in the Islamic Maghreb, Boko Haram, the Islamic State of West Africa, and other affiliated groups, have killed tens of thousands of innocent civilians, displaced populations, destabilized local and national governments, and caused mass human suffering in the affected communities; (2) poor governance, political and economic marginalization, and lack of accountability for human rights abuses by security forces are drivers of extremism; (3) it is in the national security interest of the United States to combat the spread of terrorism and violent extremism and build the capacity of partner countries to combat these threats in Africa; (4) terrorist and violent extremist organizations exploit vulnerable and marginalized communities suffering from poverty, lack of economic opportunity (particularly among youth populations), corruption, and weak governance; and (5) a comprehensive, coordinated interagency approach is needed to develop an effective strategy to address the security challenges in the Sahel-Maghreb, appropriately allocate resources, de-conflict programs, and maximize the effectiveness of United States defense, diplomatic, and development capabilities. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to assist countries in North and West Africa, and other allies and partners active in those regions, in combating terrorism and violent extremism through a coordinated interagency approach with a consistent strategy that appropriately balances security activities with diplomatic and development efforts to address the political, socioeconomic, governance, and development challenges in North and West Africa that contribute to terrorism and violent extremism. SEC. 4. TRANS-SAHARA COUNTERTERRORISM PARTNERSHIP PROGRAM. (a) Trans-Sahara Counterterrorism Partnership Program.-- (1) Establishment.--The Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall establish a partnership program, to be known as the ``Trans- Sahara Counterterrorism Partnership (TSCTP) Program'' to coordinate all programs, projects, and activities of the United States Government in countries in North and West Africa that are conducted for any of the following purposes: (A) To improve governance and the capacities of countries in North and West Africa to deliver basic services, particularly with at-risk communities, as a means of countering terrorism and violent extremism by enhancing state legitimacy and authority and countering corruption. (B) To address the factors that make people and communities vulnerable to recruitment by terrorist and violent extremist organizations, including economic vulnerability and mistrust of government and government security forces, through activities such as-- (i) supporting strategies that increase youth employment opportunities; (ii) promoting girls' education and women's political participation; (iii) strengthening local governance and civil society capacity; (iv) improving government transparency and accountability; (v) fighting corruption; (vi) improving access to economic opportunities; and (vii) other development activities necessary to support community resilience. (C) To strengthen the rule of law in such countries, including by enhancing the capability of the judicial institutions to independently, transparently, and credibly deter, investigate, and prosecute acts of terrorism and violent extremism. (D) To improve the ability of military and law enforcement entities in partner countries to detect, disrupt, respond to, and prosecute violent extremist and terrorist activity while respecting human rights, and to cooperate with the United States and other partner countries on counterterrorism and counter- extremism efforts. (E) To enhance the border security capacity of partner countries, including the ability to monitor, detain, and interdict terrorists. (F) To identify, monitor, disrupt, and counter the human capital and financing pipelines of terrorism. (G) To support the free expression and operations of independent, local-language media, particularly in rural areas, while countering the media operations and recruitment propaganda of terrorist and violent extremist organizations. (2) Assistance framework.--Activities carried out under the TSCTP Program shall-- (A) be carried out in countries where the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, determines that there is an adequate level of partner country commitment, and has considered partner country needs, absorptive capacity, sustainment capacity, and efforts of other donors in the sector; (B) have clearly defined outcomes; (C) be closely coordinated among United States diplomatic and development missions, United States Africa Command, and relevant participating departments and agencies; (D) have specific plans with robust indicators to regularly monitor and evaluate outcomes and impact; (E) complement and enhance efforts to promote democratic governance, the rule of law, human rights, and economic growth; (F) in the case of train and equip programs, complement longer-term security sector institution- building; and (G) have mechanisms in place to track resources and routinely monitor and evaluate the efficacy of relevant programs. (3) Consultation.--In coordinating activities through the TSCTP Program, the Secretary of State shall also establish a coordination mechanism that ensures periodic consultation with, as appropriate, the Director of National Intelligence, the Secretary of the Treasury, the Attorney General, the Chief Executive Officer of the United States Agency for Global Media (formerly known as the Broadcasting Board of Governors), and the heads of other relevant Federal departments and agencies, as determined by the President. (4) Congressional notification.--Not later than 15 days before obligating amounts for an activity of the TSCTP Program pursuant to paragraph (1), the Secretary of State shall submit a notification to the appropriate congressional committees, in accordance with the requirements of section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1), that includes the following: (A) The foreign country and entity, as applicable, whose capabilities are to be enhanced in accordance with the purposes specified in paragraph (1). (B) The amount, type, and purpose of support to be provided. (C) An assessment of the capacity of the foreign country to effectively implement, benefit from, or utilize the assistance to be provided for the intended purpose. (D) The anticipated implementation timeline for the activity. (E) As applicable, a description of the plans to sustain any military or security equipment provided beyond the completion date of such activity, and the estimated cost and source of funds to support such sustainment. (b) International Coordination.--Efforts carried out under this section shall take into account partner country counterterrorism, counter-extremism, and development strategies and, to the extent practicable, shall be aligned with such strategies. Such efforts shall be coordinated with counterterrorism and counter-extremism activities and programs in the areas of defense, diplomacy, and development carried out by other like-minded donors and international organizations in the relevant country. (c) Strategies.--Not later than 270 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development and other relevant Federal Government agencies, shall submit to the appropriate congressional committees the following strategies: (1) A comprehensive five-year strategy for the sahel- maghreb.--A comprehensive five-year strategy for the Sahel- Maghreb, including details related to whole-of-government efforts in the areas of defense, diplomacy, and development to advance the national security, economic, and humanitarian interests of the United States, including-- (A) efforts to ensure coordination with multilateral and bilateral partners, such as the Joint Force of the Group of Five of the Sahel, and with other relevant assistance frameworks; (B) a public diplomacy strategy and actions to ensure that populations in the Sahel-Maghreb are aware of the development activities of the United States Government, especially in countries with a significant Department of Defense presence or engagement through train and equip programs; (C) activities aimed at supporting democratic institutions and countering violent extremism with measurable goals and transparent benchmarks; (D) plans to help each partner country address humanitarian and development needs and to help prevent, respond to, and mitigate intercommunal violence; (E) a comprehensive plan to support security sector reform in each partner country that includes a detailed section on programs and activities being undertaken by relevant stakeholders and other international actors operating in the sector and that incorporates as appropriate any lessons learned from previous initiatives to improve security sector governance; and (F) a specific strategy for Mali that includes plans for sustained, high-level diplomatic engagement with stakeholders, including countries in Europe and the Middle East with interests in the Sahel-Maghreb, regional governments, relevant multilateral organizations, signatory groups of the 2015 Agreement for Peace and Reconciliation in Mali, and civil society actors. (2) A comprehensive five-year strategy for tsctp program counterterrorism efforts.--A comprehensive five-year strategy for the TSCTP Program that includes-- (A) a clear statement of the objectives of United States counterterrorism efforts in North and West Africa with respect to the use of all forms of United States assistance to combat terrorism and counter violent extremism, including efforts to build military and civilian law enforcement capacity, strengthen the rule of law, promote responsive and accountable governance, and address the root causes of terrorism and violent extremism; (B) a plan for coordinating programs through the TSCTP Program pursuant to subsection (a)(1), including an identification of which agency or bureau of the Department of State, as applicable, will be responsible for leading, coordinating, and conducting monitoring and evaluation for each such program, and the process for enabling the leading agency or bureau to establish standards, compel partners to adhere to those standards, and report results; (C) a plan to monitor, evaluate, and share data and learning about the TSCTP Program that includes quantifiable baselines, targets, and results in accordance with monitoring and evaluation provisions of sections 3 and 4 of the Foreign Aid Transparency and Accountability Act of 2016 (Public Law 114-191); and (D) a plan for ensuring coordination and compliance with related requirements in United States law, including the Global Fragility Act of 2019 (title V of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94)). (3) Consultation.--Not later than 90 days after the date of the enactment of this Act, the Department of State shall consult with appropriate congressional committees on progress made towards developing the strategies required in paragraphs (1) and (2). (d) Supporting Material in Annual Budget Request.--The Secretary of State shall include in the budget materials submitted to Congress in support of the President's annual budget request (submitted to Congress pursuant to section 1105 of title 31, United States Code) for each fiscal year beginning after the date of the enactment of this Act, and annually thereafter for five years, a description of the requirements, activities, and planned allocation of amounts requested by the TSCTP Program. This requirement does not apply to activities of the Department of Defense conducted pursuant to authorities under title 10, United States Code. (e) Monitoring and Evaluation of Programs and Activities.--Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report that describes-- (1) the progress made in meeting the objectives of the strategies required under paragraphs (1) and (2) of subsection (c), including any lessons learned in carrying out TSCTP Program activities and any recommendations for improving such programs and activities; (2) the efforts taken to coordinate, de-conflict, and streamline TSCTP Program activities to maximize resource effectiveness; (3) the extent to which each partner country has demonstrated the ability to absorb the equipment or training provided in the previous year under the TSCTP Program, and where applicable, the ability to maintain and appropriately utilize such equipment; (4) the extent to which each partner country is investing its own resources to advance the goals described in subsection (a)(1) or is demonstrating a commitment and willingness to cooperate with the United States to advance such goals; (5) the actions taken by the government of each partner country receiving assistance under the TSCTP Program to combat corruption, improve transparency and accountability, and promote other forms of democratic governance; (6) the assistance provided in each of the three preceding fiscal years under this program, broken down by partner country, to include the type, statutory authorization, and purpose of all United States security assistance provided to the country pursuant to authorities under title 10, United States Code, the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), or any other ``train and equip'' authorities of the Department of Defense; and (7) any changes or updates to the Comprehensive Five-Year Strategy for the TSCTP Program required under paragraph (2) of subsection (c) necessitated by the findings in this annual report. (f) Reporting Requirement Related to Audit of Bureau of African Affairs Monitoring and Coordination of the Trans-Sahara Counterterrorism Partnership Program.--Not later than 90 days after the date of the enactment of this Act, and every 120 days thereafter until all 13 recommendations in the September 2020 Department of State Office of Inspector General audit entitled ``Audit of the Department of State Bureau of African Affairs Monitoring and Coordination of the Trans- Sahara Counterterrorism Partnership Program'' (AUD-MERO-20-42) are closed or until the date that is three years after the date of the enactment of this Act, whichever is earlier, the Secretary of State shall submit to the appropriate congressional committees a report that identifies-- (1) which of the 13 recommendations in AUD-MERO-20-42 have not been closed; (2) a description of progress made since the last report toward closing each recommendation identified under paragraph (1); (3) additional resources needed, including assessment of staffing capacity, if any, to complete action required to close each recommendation identified under paragraph (1); and (4) the anticipated timeline for completion of action required to close each recommendation identified under paragraph (1), including application of all recommendations into all existing security assistance programs managed by the Department of State under the TSCTP Program. (g) Program Administration.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall report to Congress plans for conducting a written review of a representative sample of each of the security assistance programs administered by the Bureau of African Affairs to identify potential waste, fraud, abuse, inefficiencies, or deficiencies. The review shall include an analysis of staff capacity, including human resource needs, available resources, procedural guidance, and monitoring and evaluation processes to ensure the Bureau of African Affairs is managing programs efficiently and effectively. (h) Form.--The strategies required under paragraphs (1) and (2) of subsection (c) and the reports required under subsections (e), (f), and (g) shall be submitted in unclassified form but may include a classified annex. (i) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. Passed the House of Representatives June 29, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 568 (Introduced in House)- Safe Responsible Ethical Scientific Endeavors Assuring Research for 
Compassionate Healthcare Act"	https://www.govinfo.gov/content/pkg/BILLS-117hr568ih/html/BILLS-117hr568ih.htm	DOC 117th CONGRESS 1st Session H. R. 568 To amend the Public Health Service Act to prohibit research with human fetal tissue obtained pursuant to an abortion, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. McClain introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to prohibit research with human fetal tissue obtained pursuant to an abortion, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Responsible Ethical Scientific Endeavors Assuring Research for Compassionate Healthcare Act'' or the ``Safe RESEARCH Act''. SEC. 2. PROHIBITION ON RESEARCH WITH HUMAN FETAL TISSUE OBTAINED PURSUANT TO AN ABORTION. (a) In General.--Section 498A of the Public Health Service Act (42 U.S.C. 289g-1) is amended-- (1) in the section heading, by striking ``research on transplantation of fetal tissue'' and inserting ``research with fetal tissue''; (2) by amending subsection (a) to read as follows: ``(a) Establishment of Program.-- ``(1) In general.--The Secretary may conduct or support research with human fetal tissue, or research on modern, efficient alternatives to human fetal tissue such as organoids, induced pluripotent stem cells, and adult stem cells. The Secretary shall conduct or support any such research in accordance with this section. ``(2) Source of tissue.--Human fetal tissue may be used in research carried out under paragraph (1) only if the tissue is obtained pursuant to a stillbirth.''; (3) in subsection (b)(2)-- (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; (4) in subsection (c)(1)(B), by striking ``may have been obtained pursuant to a spontaneous or induced abortion or pursuant to a stillbirth'' and inserting ``has been obtained pursuant to a stillbirth''; (5) in subsection (e), by adding at the end the following new paragraph: ``(3) Human fetal tissue obtained for research.--In research carried out under subsection (a), human fetal tissue may be used only if such tissue was obtained in accordance with applicable State law regulating anatomical gifts.''; and (6) by amending subsection (g) to read as follows: ``(g) Definitions.--In this section: ``(1) Human fetal tissue.--The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a stillbirth. ``(2) Stillbirth.--The term `stillbirth' means a fetal death that occurs as a result of natural causes during a pregnancy, including an ectopic pregnancy.''. (b) Technical Amendment.--Paragraph (1) of section 498B(e) of the Public Health Service Act (42 U.S.C. 289g-2(e)(1)) is amended to read as follows: ``(1) The term `human fetal tissue' means tissue or cells obtained from a dead human embryo or fetus after a spontaneous or induced abortion, or after a stillbirth.''. (c) Revision of Regulations.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall revise such regulations as necessary, including section 46.206 of title 45, Code of Federal Regulations, to incorporate the requirements of this section. (d) Repeal.--Section 113 of the National Institutes of Health Revitalization Act of 1993 (42 U.S.C. 289g-1 note) is hereby repealed. all
H.R. 569 (Introduced in House) - Defend our Coast Act	https://www.govinfo.gov/content/pkg/BILLS-117hr569ih/html/BILLS-117hr569ih.htm	DOC 117th CONGRESS 1st Session H. R. 569 To amend the Outer Continental Shelf Lands Act to withdraw the outer Continental Shelf in the Mid-Atlantic planning area from disposition, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. McEachin (for himself, Ms. Adams, Mr. Beyer, Mr. Brown, Mr. Connolly, Mrs. Luria, Mr. Price of North Carolina, Ms. Ross, and Mr. Scott of Virginia) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Outer Continental Shelf Lands Act to withdraw the outer Continental Shelf in the Mid-Atlantic planning area from disposition, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defend our Coast Act''. SEC. 2. WITHDRAWAL FROM DISPOSITION OF MID-ATLANTIC OUTER CONTINENTAL SHELF. Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended by adding at the end the following: ``(g) Withdrawal From Disposition of Mid-Atlantic Outer Continental Shelf.--The Secretary may not issue a lease for the exploration, development, or production of oil or gas on the outer Continental Shelf in the Mid-Atlantic planning area.''. all
H.R. 56 (Introduced in House) - Patient Access to Medical Foods Act	https://www.govinfo.gov/content/pkg/BILLS-117hr56ih/html/BILLS-117hr56ih.htm	DOC 117th CONGRESS 1st Session H. R. 56 To amend the Orphan Drug Act with respect to the definition of medical food, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Orphan Drug Act with respect to the definition of medical food, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Access to Medical Foods Act''. SEC. 2. DEFINITION OF MEDICAL FOOD FOR PURPOSES OF ORPHAN DRUG ACT. (a) In General.--Section 5(b)(3) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)) is amended to read as follows: ``(3) The term `medical food' means a food which-- ``(A) is formulated to be consumed or administered enterally, including tube feeding and oral intake, and dispensed upon a written prescription of a practitioner licensed under the laws of the State in which such practitioner practices to administer drugs; and ``(B)(i) is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, including conditions of inborn errors of metabolism, based on recognized scientific principles, are established by medical evaluation; or ``(ii) in the case of an individual for whom the prescribing physician determines the individual has failed on traditional therapies or determines continuing the traditional therapy is inappropriate for the patient due to comorbidities or severe side effects that endanger the health of the individual-- ``(I) has been shown to provide clinical benefit in well-controlled peer-reviewed clinical trials to patients with a disease or condition specified in clause (i); and ``(II) is determined by the prescribing physician to be a safer therapeutic option or the only effective clinical option for the individual.''. (b) National Drug Code Number.--Section 5 of the Orphan Drug Act (21 U.S.C. 360ee) is amended-- (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: ``(c) National Drug Code Number.--Medical foods shall be eligible for a National Drug Code number.''. SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD UNDER FEDERAL HEALTH PROGRAMS AND PRIVATE HEALTH INSURANCE. (a) Coverage Under Medicare Program.-- (1) Part b coverage.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (kkk));''. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Medically Necessary Food ``(kkk) The term `medically necessary food' has the meaning given the term `medical food' in section 5(b)(3) of the Orphan Drug Act (21 U.S.C. 360ee(b)(3)).''. (C) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``, and (EE) with respect to medically necessary food (as defined in section 1861(kkk)), the amount paid shall be an amount equal to 80 percent of the actual charge for the services.''. (D) Effective date.--The amendments made by this paragraph shall apply to items and services furnished on or after January 1, 2022. (2) Coverage as covered part d drug.-- (A) In general.--Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended-- (i) in subparagraph (A), by striking at the end ``or''; (ii) in subparagraph (B), by striking at the end the comma and inserting ``; or''; and (iii) by inserting after subparagraph (B) the following new subparagraph: ``(C) a medically necessary food (as defined in section 1861(kkk)),''. (B) Effective date.--The amendments made by subparagraph (A) shall apply with respect to plan years beginning on or after January 1, 2022. (b) Coverage Under Medicaid Program.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (29), by striking ``and'' at the end; (B) by redesignating paragraph (30) as paragraph (31); and (C) by inserting after paragraph (29) the following new paragraph: ``(30) medically necessary food (as defined in section 1861(kkk)); and''. (2) Mandatory benefit.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (29)'' and inserting ``(29), and (30)''. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall apply with respect to medical assistance furnished on or after July 1, 2022. (B) Exception if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(11) Medically necessary food.--The child health assistance provided to a targeted low-income child shall include coverage of medically necessary food (as defined in section 1861(kkk)).''. (2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``, (8), and (11)''. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall apply with respect to child health assistance furnished on or after July 1, 2022. (B) Exception if state legislation required.--In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (d) Coverage Under TRICARE.--Paragraph (2) of section 1077(h) of title 10, United States Code, is amended to read as follows: ``(2) In this section, the term `medically necessary food' has the meaning given the term `medical food' in section 5(b)(3) of the Orphan Drug Act.''. (e) Coverage Under Private Health Insurance.-- (1) In general.--Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2730. COVERAGE OF MEDICALLY NECESSARY FOOD. ``A group health plan and group or individual health insurance coverage offered by a health insurance issuer shall provide coverage for medically necessary food (as defined in section 1861(kkk) of the Social Security Act).''. (2) Effective date.--The amendment made by paragraph (1) shall apply to plan years beginning on or after January 1, 2022. all
H.R. 570 (Introduced in House) - Offshore Accountability Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr570ih/html/BILLS-117hr570ih.htm	DOC 117th CONGRESS 1st Session H. R. 570 To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. McEachin (for himself, Mr. Buchanan, Mr. Carbajal, Mr. Gaetz, Mr. Grijalva, Mr. Huffman, Mr. Lowenthal, and Mrs. Luria) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To require operators of offshore oil and gas facilities to report failures of critical systems to the Secretary of the Interior, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be referred to as the ``Offshore Accountability Act of 2021''. SEC. 2. REPORTING REQUIREMENT. (a) In General.--Not more than 30 days after the discovery of an equipment failure of a critical system operated at an offshore oil or gas facility, the operator of such facility shall provide a written notice of such failure to the Secretary and the manufacturer of such equipment. (b) Investigation.-- (1) Analysis report.--Subject to subsection (d), an operator required to provide notice to the Secretary under subsection (a) shall ensure that an investigation and an equipment failure analysis are completed within 120 days of the failure to determine the cause of such failure. The operator shall provide an analysis report to the Secretary and to the manufacturer of such equipment documenting such investigation and any corrective action taken. (2) Publication.--Not more than 30 days after receiving an analysis report submitted under paragraph (1), the Secretary shall make such analysis report available to the public on the Department of the Interior website. (c) Extension.--An operator required to provide an analysis report under subsection (b) may request an extension of up to 60 days from the Secretary for such requirement by submitting a written request detailing how such operator will complete the investigation and report required by subsection (b). The Secretary shall review and respond to such request not later than 30 days after the date on which such request is submitted, and may not grant more than one such extension with respect to a single investigation and report. (d) Notice of Change in Equipment or Procedures.--An operator required to provide a notice under subsection (a) shall-- (1) not more than 30 days after receiving notice from a manufacturer of any critical system that made changes in the design of a critical system as the result of the reported failure, report in writing such notice to the Secretary; and (2) not more than 30 days after a change in such operator's operating or repair procedures as a result of the reported failure, report in writing such change to the Secretary. (e) Definitions.--In this section: (1) Blowout preventer system.--The term ``blowout preventer system'' means a wellhead device or combination of devices that is specifically designed to prevent the uncontrolled release of gas, oil, or other fluids or hydrocarbons. (2) Critical system.--The term ``critical system'' means safety and pollution prevention equipment or a blowout preventer system. (3) Equipment failure.--The term ``equipment failure'' means any conditions that prevents equipment from meeting its functional specifications or purpose. (4) Operator.--The term ``operator'' means the operator of an offshore oil or gas facility. (5) Safety and pollution prevention equipment.--The term ``safety and pollution prevention system'' means any equipment that is specifically designed to prevent a malfunction or failure of an offshore well, resulting in injury or loss of life, damage to the environment, or serious damage to the equipment, including-- (A) surface safety valves and actuators; (B) boarding shutdown valves and the actuators of such valves; (C) underwater safety valves and actuators; (D) subsurface safety valves and associated safety valve locks and landing nipples; and (E) gas lift shutdown valves and actuators associated with such valves. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. all
H.R. 571 (Introduced in House) - Safe from the Start Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr571ih/html/BILLS-117hr571ih.htm	DOC 117th CONGRESS 1st Session H. R. 571 To improve United States consideration of, and strategic support for, programs to prevent and respond to gender-based violence beginning with the onset of humanitarian emergencies, to build the capacity of humanitarian assistance to address the immediate and long-term challenges resulting from such violence, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Meng (for herself, Mr. Diaz-Balart, Ms. Houlahan, Mr. Stewart, Ms. Lois Frankel of Florida, Mr. Case, Mr. Phillips, Mr. Meeks, Mr. Cicilline, Ms. Titus, Mr. Deutch, Mr. Lowenthal, Mr. Trone, Ms. Lee of California, Ms. Pingree, Mr. Connolly, Ms. Spanberger, Mr. Bilirakis, Mr. Cohen, Mr. Cardenas, Mr. Evans, Ms. Bass, Ms. Wild, Mr. Hastings, Mr. Carbajal, Mr. Grijalva, Miss Gonzalez-Colon, Mr. Lawson of Florida, Mr. Pocan, Mrs. Hayes, Mr. McGovern, and Mr. Carson) introduced the following bill; which was referred to the Committee on Foreign Affairs _______________________________________________________________________ A BILL To improve United States consideration of, and strategic support for, programs to prevent and respond to gender-based violence beginning with the onset of humanitarian emergencies, to build the capacity of humanitarian assistance to address the immediate and long-term challenges resulting from such violence, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe from the Start Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters face extreme violence and threats, including-- (A) rape and sexual assault; (B) domestic or intimate partner violence; (C) child, early, and forced marriage; (D) trafficking for the purposes of sexual; (E) exploitation and forced labor; (F) harmful traditional practices such as female genital mutilation or cutting; and (G) harassment, exploitation, and abuse by humanitarian personnel. (2) Gender-based violence is known to increase during humanitarian emergencies. Violent acts such as intimate partner violence and child marriage that take place during times of stability are often exacerbated during times of crisis. (3) For example, according to the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo, there was an increase of 56 percent in reported cases of conflict-related sexual violence between 2016 and 2017. (4) Nearly 1 in 5 women report experiencing sexual violence during a humanitarian emergency. (5) Intimate partner violence is pervasive and becomes increasingly common during times of conflict and crisis. Residence in a conflict-affected district is associated with a 50-percent increase in risk of intimate partner violence, and women who have experienced 4-5 cumulative years of conflict are almost 90 percent more likely to experience such violence than women who are not living in conflict settings. (6) Child, early, and forced marriages increase during humanitarian crises and can be used as a tool of last resort to cope with economic hardship and to protect girls from increased violence. Conflict can exacerbate cultural norms of child, early, and forced marriage or create harmful cultural behaviors where they had not previously existed. (7) Women and girls are especially vulnerable to trafficking during humanitarian crises, particularly by non- state armed groups who abduct and traffic women and girls for sexual exploitation, domestic servitude, and child, early, and forced marriage, among other forms of exploitation. (8) The power imbalance between aid workers and displaced people, combined with the economic hardship caused by crises, creates markets for sexual exploitation and abuse that are too frequently abused by aid workers and peacekeepers seeking sexual services from displaced or vulnerable people. (9) In 2018, the United Nations received a total of 148 sexual exploitation and abuse allegations directly involving United Nations aid workers, and 111 involving staff from partner organizations implementing United Nations programs. (10) According to United Nations High Commissioner for Refugees, while women and girls are most vulnerable to gender- based violence, marginalized populations are also at particular risk of gender-based violence in humanitarian crises, including adolescent girls, older women, women and children with disabilities, sexual and gender minorities, and female heads of households. (11) Gender-based violence is under-reported, both in times of stability and during crises. While data may not be immediately available in each crisis or conflict, evidence shows that gender-based violence is consistently a major and pressing concern for women and girls facing humanitarian emergency contexts and should be assumed to be a protection concern in all humanitarian planning and risk assessment, even in the absence of data. (12) Men and boys play a critical role in preventing gender-based violence, and engaging them in prevention and accountability activities while empowering women and girls in the transformation of gender roles and combating harmful norms that lead to increased rates of gender-based violence at the onset of emergencies, leads to lasting results. (13) Survivors of gender-based violence during humanitarian emergencies and their families require immediate, life-saving assistance, including post-rape care or access to other comprehensive medical and psychosocial services, to address the physical, psychological, and social impacts of gender-based violence. They also require long-term support such as opportunities to earn livelihoods, build skills or receive an education, and access to justice and community-level reintegration. Early medical interventions after incidents of rape can help to prevent infections, HIV, and pregnancy. (14) Empowering women to assume leadership roles in delivering humanitarian response and meaningfully engaging local organizations, including women's rights, humanitarian, advocacy, and service-provider organizations, through training and directed resources to operate in emergency settings and provide life-saving assistance is critical to supporting survivors or those at risk of gender-based violence. (15) The international community has prioritized addressing the issue of gender-based violence in humanitarian contexts by launching a Global Call to Action on Protection from Gender- Based Violence in Emergencies in 2013, which the United States implemented through establishing the ``Safe from the Start'' initiative, carried out by the Department of State and the United States Agency for International Development. (16) Safe from the Start aimed to prevent and respond to gender-based violence at the onset of an emergency and to provide resources to strengthen the core capacity of humanitarian assistance implementers to address gender-based violence at the earliest phases of an emergency, including through supporting the development of training, guidelines, toolkits, and other resources to guide operations. (17) The Women's Entrepreneurship and Economic Empowerment Act (Public Law 115-428) requires the United States ``to strive to eliminate gender-based violence and mitigate its harmful effects on individuals and communities'' in its development cooperation policy. Recognizing the need to prevent and respond to gender-based violence globally, Congress has appropriated $150,000,000 annually in each of fiscal years 2013 through 2019 for this purpose. (18) The United States has further committed to prevention and response to gender-based violence globally through the interagency United States Strategy to Prevent and Respond to Gender-Based Violence Globally, the Women, Peace and Security Act Strategy and Implementation Plan, the U.S. Global Strategy to Empower Adolescent Girls, the U.S. Strategy to Support Women and Girls at Risk from Extremism and Conflict, and the U.S. Government Strategy on Advancing Protection and Care for Children in Adversity. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to take effective action to prevent, mitigate, and address gender-based violence occurring during humanitarian emergencies around the world to promote respect for basic human rights and gender equality, economic growth, improved public health, and peace and stability; (2) to ensure collective commitment to and accountability for immediate humanitarian action on gender-based violence at all levels, especially on the part of senior humanitarian leadership; (3) to maintain sustained political will and robust systems and processes in order to establish, monitor, and enforce accountability for humanitarian action; (4) to systematically integrate and coordinate efforts to prevent and respond to gender-based violence in United States foreign policy and foreign assistance programs, including conflict prevention, humanitarian relief and recovery, and peace-building efforts; (5) to promote accountability and access to justice for acts of gender-based violence; (6) to build local capacity in countries responding to humanitarian crises, including the capacity of governments at all levels and of nongovernmental organizations, especially women-focused and women-led organizations, to prevent, mitigate, and respond to gender-based violence; (7) to consult, cooperate, coordinate, and collaborate with a wide variety of nongovernmental partners and international organizations, including women-focused and women-led organizations, when designing and implementing humanitarian response programs; (8) to support activities that prevent and mitigate the impacts of gender-based violence in humanitarian settings and that empower survivors or those at risk of gender-based violence, including through economic opportunities, access to education and skills building, and promotion of women's leadership and participation in humanitarian response; (9) to ensure that international organizations and nongovernmental organizations receiving funding from the United States have the capacity and internal protocols to address gender-based violence, including sexual exploitation and abuse committed by humanitarian personnel, integrate gender-based violence prevention and response initiatives into policies and programs, and report regularly on efforts to prevent and respond to gender-based violence; (10) to employ a multisectoral approach to preventing and responding to gender-based violence globally, including through activities in the economic, education, health, protection, nutrition, and legal sectors; (11) to ensure protection against sexual exploitation and abuse by humanitarian actors; and (12) to include the active leadership and participation of women and girls in humanitarian program design, implementation, and evaluation. SEC. 4. SAFE FROM THE START AUTHORIZATION. (a) Establishment.--The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, is authorized to establish an interagency effort, to be known as the ``Safe from the Start'' program, to-- (1) coordinate efforts to prevent, mitigate, and address gender-based violence in humanitarian crises; and (2) provide assistance to international and local non- governmental organizations to carry out Safe from the Start programming. (b) Programming Efforts.--The Secretary shall support efforts to prevent, mitigate, and address gender-based violence through Safe from the Start, including the following efforts: (1) Building capacity to recognize, prevent, and address gender-based violence in humanitarian settings and to support survivors and those at risk. (2) Promoting women's leadership and participation in humanitarian response activities, including the design, implementation, and evaluation of humanitarian responses. (3) Ensuring quality protection for survivors of such crises beginning with the onset of the emergency, by developing technical capability for advocacy, monitoring, data collection, evaluation, and communications, including timely gender analyses, throughout the United States Government, recipient country's government, local nongovernmental organizations, and international non-governmental organizations. (4) Increasing and improving empowerment activities for survivors of gender-based violence, including women's and girls' access to economic opportunities and livelihoods, education and skills, and leadership roles. (5) Building and improving international standards and evidence-based best practices with respect to gender-based violence prevention, monitoring, and response, through support to programs, evaluations, research, and the development of innovative new practices. (6) Developing safe spaces for the safe disclosure of incidents of gender-based violence, meaningful dialogue, psycho-social interventions, and culturally-specific support. (7) Safeguarding against sexual exploitation or abuse by humanitarian personnel by prioritizing activities that ensure that Federal employees and contractors delivering United States humanitarian assistance are equipped to address sexual exploitation and abuse in settings of humanitarian aid delivery, including by strengthening guidelines, training, reporting mechanisms, and remedies that both recognize and address the risks within the humanitarian aid context that can create vulnerabilities for sexual exploitation and abuse. (c) Programming Improvement of Protection Mechanisms.--The Secretary shall improve the delivery and quality of United States assistance to protect survivors of gender-based violence, through the Safe from the Start programming described in subsection (b), by improving assistance activities, including activities carried out under the Safe from the Start program, in the following areas: (1) Access to and quality of comprehensive medical services for survivors and at-risk populations in line with the international standards described in subsection (b)(5), including-- (A) post-rape and post-sexual assault medical care; (B) psycho-social and mental health services; and (C) hygiene and dignity kits. (2) Service delivery to hard-to-reach populations, prioritizing services that reach-- (A) survivors of natural disasters; (B) refugee and internally displaced person camps and settlements; (C) active conflict zones; and (D) refugees and IDPs living in urban areas. (d) Improving Standards and Guidelines.--The Secretary shall support global efforts to develop guidelines, toolkits, reporting mechanisms, and other institutional response and accountability measures in order to incorporate effective gender-based violence prevention and response activities across all humanitarian assistance programs and projects, including through-- (1) the promotion of minimum standards, indicators, and metrics to assess the adequacy of interventions relating to gender-based violence, taking into consideration the ``Guidelines for Integrating Gender-Based Violence Interventions in Humanitarian Action'' published by the Inter Agency Standing Committee in 2015, the findings of the evaluation of the Real-Time Accountability Partnership on Gender-Based Violence in Emergencies in 2016, and the ``Minimum Standards for Child Protection in Humanitarian Action'' published by the Alliance for Child Protection in Humanitarian Action in 2019; (2) support to international organizations and nongovernmental organizations, with the establishment and implementation of standards, protocols, and accountability mechanisms for preventing and addressing sexual exploitation or abuse perpetrated by personnel delivering humanitarian assistance; and (3) assistance for the development of monitoring tools across all humanitarian assistance programming to standardize monitoring and accountability relating to gender-based violence prevention and response. (e) Capacity Building Support.--The Secretary shall provide support for capacity-building of organizations seeking to prevent, mitigate, and address gender-based violence, including by-- (1) building capacity of on-the-ground organizations to recognize, prevent, and address gender-based violence in humanitarian settings and to support survivors and those at risk, including through training and deploying female humanitarian aid workers; (2) performing on-the-ground gender-based and gender-based violence analyses and otherwise rapidly assessing and communicating the needs of women, girls, and other populations that are vulnerable to gender-based violence in crises; (3) improving technical expertise and the availability of dedicated gender advisors in international organizations to prevent and respond to gender-based violence in humanitarian settings through the Gender Based Violence Area of Responsibility of the United Nations Populations Fund and across sectors of humanitarian action, including through training and sensitization of humanitarian aid workers on support for survivors of gender-based violence; (4) promoting supportive partnerships between local humanitarian actors and nongovernmental organizations, including for women's leadership and participation in humanitarian response; and (5) training for nongovernmental providers of international development assistance during the onset and subsequent phases of a humanitarian crisis, so that such providers are equipped to continue relief, recovery, and reconstruction work that is sensitive to the prevention and mitigation of gender-based violence after the immediate humanitarian engagement has finished. SEC. 5. REPORTS REQUIRED. (a) Progress Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report on the progress made by the United States and by partners, including international organizations, in the implementation or delivery of humanitarian assistance to prevent, mitigate, and address gender-based violence in humanitarian emergencies. (2) Elements.--The report required by paragraph (1) shall include each of the following: (A) An aggregation and examination of data and research regarding the key drivers of gender-based violence during humanitarian emergencies, the critical needs of and services required by survivors or those at risk of such violence, and successful program models to address, prevent, and mitigate such violence. (B) A detailed description of the programs, diplomatic efforts, and other activities undertaken by the United States to implement the Safe from the Start programming focus described in section 4, including specific descriptions of-- (i) the steps taken to integrate prevention, mitigation, and response to gender- based violence into the delivery of humanitarian assistance, the development of humanitarian standards, and responses to specific humanitarian crises; (ii) the progress made, as of the date of the submission of the report, toward achieving specific objectives, metrics, and indicators for implementation of Safe from the Start programming, disaggregated where appropriate by gender, age, and type of violence; (iii) a list of the projects funded or supported through the Safe from the Start programming focus, with specific details on levels of funding or assistance and impacts of such projects, disaggregated where appropriate by gender, age, and type of violence; (iv) an assessment of the extent to which consultations with nongovernmental organizations, including local actors, and intergovernmental actors, have led to the development of programs, standards, and interventions to combat gender-based violence; (v) a list of the policies or programs implemented by international or multilateral organizations receiving funding from the United States Government to improve capacity and internal protocols to identify signs of gender- based violence, including sexual exploitation and abuse, and integrate initiatives to prevent and respond to gender-based violence into all programs of the organization; and (vi) a description of any diplomatic action taken bilaterally, multilaterally, or with international organizations to encourage international organizations and the governments of other countries to adopt policies to prevent and respond to gender-based violence in emergency situations, including any diplomatic efforts to strengthen the Global Call to Action on Protection from Gender-Based Violence in Emergencies by increasing the number of governments participating in and contributing to its gender-based violence prevention and response activities. (3) Consultation required.--In developing the report required by paragraph (1), the Secretary of State and Administrator of the United States Agency for International Development shall consult with the Assistant Secretary for Population, Refugees, and Migration of the Department of State and the Associate Administrator for Humanitarian Assistance of the Agency for International Development. (4) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. The unclassified portion of such report shall concurrently be published on a publicly available website of the Department of State. (b) Budget Report.--Not later than 120 days after the submission of each budget submitted to Congress by the President under section 1105(a) of title 31, United States Code, after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the appropriate congressional committees a budget crosscut report that-- (1) displays the budget proposed, including any planned interagency or intra-agency transfer, for each of the principal Federal agencies that will be carrying out activities through the Safe from the Start programming focus described in section 4(a) in the fiscal year for which such budget is submitted; (2) separately reports the amount of funding to be provided pertaining to Safe from the Start activities authorized pursuant to section 4(a), to the extent such plans are available; and (3) to the extent practicable, identifies all assistance and research expenditures at the account level in each of the five previous fiscal years by the Federal Government using Federal funds for Safe from the Start activities. (c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Appropriations and the Committee on Foreign Relations of the Senate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $140,000,000 for each fiscal year to carry out this Act. all
H.R. 572 (Introduced in House) - National Office of New Americans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr572ih/html/BILLS-117hr572ih.htm	DOC 117th CONGRESS 1st Session H. R. 572 To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Meng (for herself, Ms. Jayapal, Mr. Garcia of Illinois, Mr. Espaillat, Mr. Torres of New York, Mr. McGovern, Mr. Khanna, Ms. Norton, Mr. Smith of Washington, Ms. Schakowsky, Ms. Velazquez, Mrs. Napolitano, Mrs. Watson Coleman, Mr. Evans, Mr. DeSaulnier, Mr. Neguse, Ms. Tlaib, Ms. Clarke of New York, Mr. Cooper, Ms. Titus, Ms. Jackson Lee, Mrs. Carolyn B. Maloney of New York, Mr. Danny K. Davis of Illinois, Mr. Bowman, Mr. Carson, Ms. Lee of California, Ms. Speier, Mr. Blumenauer, Mrs. Demings, Ms. Ocasio-Cortez, Mr. Gallego, Mr. Jones, Ms. Chu, Ms. Bush, Mrs. Torres of California, Mr. Grijalva, Ms. Omar, Mr. Sires, Mr. Hastings, Mr. Takano, Mr. Swalwell, Mr. Gomez, Ms. Pressley, Ms. Pingree, Ms. Garcia of Texas, Mr. Lieu, Mrs. Trahan, Ms. Newman, Ms. Porter, Mr. Nadler, Mr. Kahele, Mr. Auchincloss, Mr. Horsford, Mr. Johnson of Georgia, Mr. Case, Mr. Crow, Ms. Matsui, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish the National Office of New Americans within the Executive Office of the President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Office of New Americans Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Office of New Americans. (2) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (3) Office.--The term ``Office'' means the National Office of New Americans established by section 3(a). SEC. 3. NATIONAL OFFICE OF NEW AMERICANS. (a) Establishment.--There is established within the Executive Office of the President an office to be known as the ``National Office of New Americans''. (b) Purposes.--The purposes of the Office are the following: (1) To welcome and support immigrants and refugees in the United States. (2) To promote and support immigrant and refugee integration into, and inclusion in, the social, cultural, economic, and civic life of the United States. (3) To ensure that the Federal Government and Federal agencies promote the pursuit of United States citizenship among immigrants and refugees. (4) To ensure access to quality English language learning programs that support the successful integration of immigrant adults, including by enhancing-- (A) employment and career prospects and economic integration; and (B) social integration in local communities and participation in civic life, including engagement with State and local governments, schools, and private and nonprofit community institutions. (5) To improve access to workforce development programs, including by ensuring that such programs meet the demand and the unique language, training, and educational needs of immigrants and refugees. (6) To coordinate the efforts of Federal, State, and local entities to support the effective social, economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. (7) To provide advice and leadership to the President, Members of Congress, and other Federal Government officials on the challenges and opportunities facing such entities with respect to immigrant and refugee integration. (8) To evaluate the scale, quality, and effectiveness of Federal Government efforts with respect to immigrant and refugee social and economic integration, including access to United States citizenship, English language learning, education, and workforce development programs. (9) To identify the anticipated effects of new Federal policies on existing integration efforts and advise the President on how to address potential integration needs and the effects of such policies. (10) With respect to immigrant and refugee integration efforts, to consult on a biannual basis with State and local government officials on challenges and opportunities presented by such efforts. (11) With respect to the activities described in paragraphs (8) through (10), to ensure the inclusion of the perspectives of immigrants and refugees. (12) To submit to the President and the appropriate committees of Congress a biannual report that describes the activities of the Office and the results of the consultation processes described in paragraphs (8) through (11). (c) Director.-- (1) In general.--The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Responsibilities.--The Director shall-- (A) establish policies, objectives, and priorities for the Office with respect to immigrant and refugee integration; (B) with the assistance of the Deputy Director for Citizenship and Inclusion, the Deputy Director for Workforce and the Economy, the Deputy Director for Children's Integration Success, and the Associate Director of State and Local Affairs, carry out the purposes of the Office, as described in subsection (b); (C) serve as the Chair of the Federal Initiative for New Americans established under section 4; (D) make recommendations to the President on changes in the organization, management, programs, and budget of the Federal agencies to promote the integration of immigrants and refugees; (E) with respect to efforts to promote United States citizenship and the integration of immigrants and refugees, consult, support, and coordinate with State and local governments; and (F) serve as a member of the Domestic Policy Council and the National Economic Council. (3) Powers of the director.--In carrying out the responsibilities under paragraph (2) and the purposes under subsection (b), the Director may-- (A) select, appoint, employ, and fix compensation of such officers and employees as may be necessary to carry out such responsibilities and purposes; (B) with the concurrence of the head of the applicable Federal agency, direct the temporary reassignment within the Federal Government of personnel employed by such Federal agency; (C) use for administrative purposes, on a reimbursable basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; (D) procure the services of experts and consultants, in accordance with section 3109 of title 5, United States Code (relating to appointments in the Federal service) at rates of compensation for individuals not to exceed the daily equivalent of the rate of pay payable for level GS-18 of the General Schedule under section 5332 of title 5, United States Code; (E) accept and use donations of property from Federal, State, and local government agencies; (F) use the mail in the same manner as other Federal agencies; and (G) monitor the implementation of immigrant and refugee integration-related activities of the Federal Government, including by-- (i) conducting program and performance audits and evaluations of each Federal agency; and (ii) requesting assistance from the Inspector General of the applicable Federal agency in such audits and evaluations. (d) Deputy Directors.-- (1) In general.--There shall be in the Office a Deputy Director for Citizenship and Inclusion, a Deputy Director for Workforce and the Economy, and a Deputy Director for Children's Integration and Success, each of whom shall be appointed by the President, in consultation with the Director. (2) Responsibilities.-- (A) Deputy director for citizenship and inclusion.--The Deputy Director for Citizenship and Inclusion shall, among other duties as assigned by the Director, assist the Director in promoting-- (i) inclusion of immigrants and refugees in the social, economic, and civic life of their communities and the United States; and (ii) access to United States citizenship. (B) Deputy director for workforce and the economy.--The Deputy Director for Workforce and the Economy shall, among other duties as assigned by the Director, assist the Director in-- (i) promoting participation of immigrants and refugees in the United States workforce; and (ii) increasing the contributions of immigrants and refugees to the United States economy. (C) Deputy director for children's integration success.--The Deputy Director for Children's Integration Success shall, among other duties as assigned by the Director, assist the Director in ensuring that Federal policies and programs intended to support the healthy development and educational success of children are effective in reaching and serving the children of immigrant families. (e) Bureau of State and Local Affairs.-- (1) In general.--There is established within the Office a Bureau of State and Local Affairs. (2) Associate director.-- (A) In general.--The Bureau of State and Local Affairs shall be headed by an Associate Director of State and Local Affairs, who shall be appointed by the President, in consultation with the Director. (B) Duties.--The Associate Director of State and Local Affairs shall, among other duties as assigned by the Director, assist the Director in coordinating the efforts of State and local entities to support the economic, linguistic, and civic integration of immigrants, refugees, and the children of immigrants and refugees. (f) Limitation.--An individual may not serve as Director, Deputy Director for Citizenship and Inclusion, Deputy Director for Workforce and the Economy, Deputy Director for Children's Integration Success, or Associate Director of State and Local Affairs while serving in any other position in the Federal Government. (g) Access by Congress.--The establishment of the Office within the Executive Office of the President shall not affect access to the Office by a Member of Congress or any member of a committee of the Senate or the House of Representatives, including access to-- (1) any information, document, or study in the possession of, or conducted by or at the direction of, the Director; or (2) personnel of the Office. SEC. 4. FEDERAL INITIATIVE ON NEW AMERICANS. (a) Establishment.--Not later than 180 days after the confirmation of the Director of the Office, the Director shall establish within the Office a Federal Initiative on New Americans (referred to in this section as the ``Initiative''). (b) Purpose.--The purposes of the Initiative are-- (1) to welcome and support immigrants and refugees in the United States; (2) to establish a coordinated Federal program to respond effectively to immigrant and refugee integration issues; and (3) to advise and assist the Director in identifying and implementing the necessary policies to carry out such program. (c) Membership.--The Initiative shall be composed of-- (1) the Director, who shall serve as Chair; (2) the Secretary of the Treasury; (3) the Attorney General; (4) the Secretary of Commerce; (5) the Secretary of Labor; (6) the Secretary of Health and Human Services; (7) the Secretary of Housing and Urban Development; (8) the Secretary of Education; (9) the Secretary of Homeland Security; (10) the Secretary of State; (11) the Director of the Office of Refugee Resettlement; (12) the Director of the Small Business Administration; (13) the Director of the Office of Management and Budget; (14) the Director of the Bureau of Consumer Financial Protection; and (15) any other individual-- (A) invited by the Director to participate; and (B) who occupies a position listed under level I or II of the Executive Schedule, as provided in sections 5312 and 5313 of title 5, United States Code. (d) Duties.-- (1) In general.--The Initiative shall meet at the call of the Chair and perform such duties as the Chair reasonably requires. (2) Coordinated response to immigrant and refugee issues.-- The Initiative shall join with Federal agencies in providing a coordinated Federal response to adequately address matters that affect the lives of immigrant and refugee families and local communities with growing immigrant and refugee populations, including access to-- (A) English language learning; (B) adult education and workforce training; (C) occupational licensure; (D) early childhood care and education; (E) elementary, secondary, and postsecondary education; (F) health care; (G) naturalization; (H) civic engagement; (I) immigration assistance and legal services; (J) economic development; (K) language access services; and (L) other services the Director identifies as aiding the integration of immigrants and refugees into the social, cultural, economic, and civic life of the United States. (3) Liaison with federal agencies.-- (A) In general.--Each member of the Initiative shall serve as a liaison to the Federal agency of the member to ensure that the Federal agency coordinates with and responds to the recommendations of the Initiative in a timely and meaningful manner. (B) Duties of a liaison.--The duties of each member as a Federal agency liaison include-- (i) developing, for the applicable Federal agency, immigrant and refugee integration goals and indicators; (ii) implementing the biannual consultation process described in section 3(b)(10) by consulting with the State and local counterparts of the Federal agency; (iii) reporting to the Initiative on the progress made by the Federal agency in achieving the goals and indicators described in clause (i); and (iv) upon request by the Director and subject to laws governing disclosure of information, providing such information as may be required to carry out the responsibilities of the Director and the functions of the Office. (4) Recommendations of the initiative.--Not later than 1 year after the date on which the Initiative becomes fully operational, and every 2 years thereafter, the Director shall submit to Congress a report that includes the following: (A) Findings from the consultation process described in section 3(b)(10), including a description of the immigrant and refugee integration opportunities offered by, and integration challenges facing, State and local governments. (B) An assessment of the effects of, and recommendations with respect to, pending legislation and executive branch policy proposals. (C) A description of the possible effects of pending legislation and executive branch policy proposals on immigrant and refugee integration. (D) An identification of any Federal program or policy that has a negative impact on immigrants, refugees, and local communities with growing immigrant and refugee populations, as compared to the general population, and recommendations for changes to any such program or policy. (E) Recommendations on legislative solutions to better support the successful integration of immigrants and refugees and the children of immigrants and refugees. all
H.R. 573 (Introduced in House) - Family Poverty is Not Child Neglect Act	https://www.govinfo.gov/content/pkg/BILLS-117hr573ih/html/BILLS-117hr573ih.htm	DOC 117th CONGRESS 1st Session H. R. 573 To amend the Child Abuse Prevention and Treatment Act to ensure that child protective services systems do not permit the separation of children from parents on the basis of poverty, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Moore of Wisconsin (for herself, Mr. Danny K. Davis of Illinois, Ms. Sewell, and Mr. Vargas) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Child Abuse Prevention and Treatment Act to ensure that child protective services systems do not permit the separation of children from parents on the basis of poverty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Poverty is Not Child Neglect Act''. SEC. 2. GRANTS TO STATES FOR CHILD ABUSE OR NEGLECT PREVENTION AND TREATMENT PROGRAMS. Section 106(a) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a(a)) is amended-- (1) in paragraph (1), by striking ``neglect;'' and inserting ``neglect, ensuring that reports concerning a child's living arrangements or subsistence needs are addressed through services and benefits and that no child is separated from the child's parent for reasons of poverty;''; and (2) in paragraph (4), by striking ``response;'' and inserting ``response, except that such system, tools, and protocols shall not authorize the separation of any child from the child's parent or guardian on the basis of poverty;''. all
H.R. 574 (Introduced in House) - Earned Income and Child Tax Credits Outreach Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr574ih/html/BILLS-117hr574ih.htm	DOC 117th CONGRESS 1st Session H. R. 574 To require the Secretary of the Treasury to conduct outreach to inform certain individuals of their potential eligibility for the Earned Income Tax Credit and the Child Tax Credit, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Moore of Wisconsin (for herself, Mr. Panetta, Mr. Beyer, Mr. Suozzi, Ms. Scanlon, Mr. Cohen, Ms. Norton, Ms. Schakowsky, Mr. Danny K. Davis of Illinois, Ms. Bonamici, Mrs. Watson Coleman, Mr. Hastings, Ms. DelBene, Mr. Blumenauer, Mrs. Hayes, Mr. Carson, Mr. Rush, Mr. Vargas, Mr. Welch, Ms. Sewell, Mr. Horsford, Mr. Nadler, Mr. Higgins of New York, Mr. Pocan, Mr. Ryan, Mr. Larson of Connecticut, Mr. Schneider, Mrs. Lawrence, and Ms. DeLauro) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To require the Secretary of the Treasury to conduct outreach to inform certain individuals of their potential eligibility for the Earned Income Tax Credit and the Child Tax Credit, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Earned Income and Child Tax Credits Outreach Act of 2021''. SEC. 2. OUTREACH TO CERTAIN INDIVIDUALS REGARDING THE EARNED INCOME TAX CREDIT AND THE CHILD TAX CREDIT. (a) In General.--Not later than March 1, 2021, the Secretary of the Treasury shall carry out a program of public outreach, including on the Internet and through mailed notices, to inform identified individuals of their potential eligibility for the earned income tax credit under section 32 of the Internal Revenue Code of 1986 and the child tax credit under section 24 of such Code. (b) Identified Individuals.-- (1) In general.--The term ``identified individuals''-- (A) means individuals-- (i) who used the non-filer portal to provide their identifying information and receive recovery rebate payments, and (ii) whose identity has been verified by the Internal Revenue Service, and (B) does not include individuals who-- (i) are age 65 or older as of December 31, 2020, and (ii) did not claim a dependent in tax year 2019. (c) Non-Filer Portal.--The term ``non-filer portal'' means the electronic portal established by the Secretary of the Treasury for the purpose of making payments under section 6428 of the Internal Revenue Code of 1986 to individuals who did not file a return of tax for 2018 or 2019. (d) Form and Manner of Notice.--Mailed notices sent to identified individuals under subsection (a) may be sent to individuals in such form and manner as the Secretary of the Treasury may require, including as an attachment to, or in conjunction with, any mailed correspondence providing information on recovery rebate payments. (e) Notice Contents.--Mailed notices sent to identified individuals under subsection (a) shall provide-- (1) a description of the earned income tax credit and the qualifications for receiving such credit, (2) a description of the child tax credit and the qualifications for receiving such credit, (3) information on the availability of, and eligibility requirements for receiving, advice and assistance from qualified return preparation programs as defined in section 7526A(e)(1) of the Internal Revenue Code of 1986, and information regarding how to locate and contact such programs, and (4) information on the availability of, and eligibility requirements for receiving, advice and assistance from organizations that provide tax counseling for the elderly pursuant to a cooperative agreement with the Internal Revenue Service under section 163 of the Revenue Act of 1978 (Public Law 95-600), and information regarding how to locate and contact such organizations. SEC. 3. EFFECTIVENESS STUDY. (a) Study.--The Treasury Inspector General for Tax Administration shall conduct a study to-- (1) evaluate the outreach conducted under section 2(a), including-- (A) a description of communications the Internal Revenue Service issued, (B) the date the Internal Revenue Service issued communications on the Internet and the date mailed notices were sent, (C) whether the information provided on the Internet and in mailed notices adequately described the earned income tax credit and the child tax credit and the qualifications for receiving such credits, (D) in what languages such communications were offered, (E) the number of filers who used the non-filer portal to properly claim recovery rebate payments, and (F) the number of mailed notices that were returned to the IRS as undeliverable, and (2) make recommendations for improving outreach to expand the use of the credits by identified individuals. (b) Report.--Not later than December 31, 2022, the Treasury Inspector General for Tax Administration shall submit to the Committee on Ways and Means of the House of Representatives and the Senate Committee on Finance a report on the results of the study conducted under subsection (a). all
H.R. 575 (Introduced in House) - Promoting Cross-border Energy Infrastructure Act	https://www.govinfo.gov/content/pkg/BILLS-117hr575ih/html/BILLS-117hr575ih.htm	DOC 117th CONGRESS 1st Session H. R. 575 To establish a more uniform, transparent, and modern process to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas and the transmission of electricity. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Mullin (for himself, Mr. Weber of Texas, Mr. Newhouse, Mr. McKinley, Mr. Balderson, Mr. Bilirakis, Mr. Meuser, Mr. Burgess, Ms. Stefanik, Mr. Hill, Mr. Norman, Mr. Gosar, Mr. Grothman, Mr. LaMalfa, Mr. Steube, Mr. Johnson of South Dakota, Mr. Duncan, Mr. Baird, Mr. Jackson, Mr. Stauber, Mr. Lamborn, Mr. Reschenthaler, Mr. Hudson, Mr. Gooden of Texas, Mr. Cole, Mr. Murphy of North Carolina, Mr. Gibbs, Mrs. Boebert, Mr. Joyce of Pennsylvania, Mr. Chabot, Mr. Fallon, Mr. Womack, Mr. Mann, Mr. Guest, Mr. Babin, Ms. Herrell, Mr. Austin Scott of Georgia, Mr. Latta, Mr. Hern, Mr. Stewart, Mr. Rutherford, Mr. Perry, Mrs. Bice of Oklahoma, and Mr. Keller) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a more uniform, transparent, and modern process to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas and the transmission of electricity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Cross-border Energy Infrastructure Act''. SEC. 2. STRENGTHENING NORTH AMERICAN ENERGY SECURITY. (a) Authorization of Certain Energy Infrastructure Projects at an International Boundary of the United States.-- (1) Authorization.--Except as provided in paragraph (3) and subsection (e), no person may construct, connect, operate, or maintain a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing.-- (A) Requirement.--Not later than 120 days after final action is taken, by the relevant official or agency identified under subparagraph (B), under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to a border-crossing facility for which a person requests a certificate of crossing under this subsection, the relevant official or agency, in consultation with appropriate Federal agencies, shall issue a certificate of crossing for the border-crossing facility unless the relevant official or agency finds that the construction, connection, operation, or maintenance of the border-crossing facility is not in the public interest of the United States. (B) Relevant official or agency.--The relevant official or agency referred to in subparagraph (A) is-- (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities.--In the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of-- (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions.--This subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity-- (A) if the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (B) if a permit described in subsection (d) for the construction, connection, operation, or maintenance has been issued; or (C) if an application for a permit described in subsection (d) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act, until the earlier of-- (i) the date on which such application is denied; or (ii) two years after the date of enactment of this Act, if such a permit has not been issued by such date of enactment. (4) Effect of other laws.-- (A) Application to projects.--Nothing in this subsection or subsection (e) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border- crossing facility is requested under this subsection. (B) Natural gas act.--Nothing in this subsection or subsection (e) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act for the siting, construction, or operation of any facility to import or export natural gas. (C) Oil pipelines.--Nothing in this subsection or subsection (e) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (b) Importation or Exportation of Natural Gas to Canada and Mexico.--Section 3(c) of the Natural Gas Act (15 U.S.C. 717b(c)) is amended by adding at the end the following: ``In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application.''. (c) Transmission of Electric Energy to Canada and Mexico.-- (1) Repeal of requirement to secure order.--Section 202(e) of the Federal Power Act (16 U.S.C. 824a(e)) is repealed. (2) Conforming amendments.-- (A) State regulations.--Section 202(f) of the Federal Power Act (16 U.S.C. 824a(f)) is amended by striking ``insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection 202(e)''. (B) Seasonal diversity electricity exchange.-- Section 602(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-4(b)) is amended by striking ``the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act'' and all that follows through the period at the end and inserting ``the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary.''. (d) No Presidential Permit Required.--No Presidential permit (or similar permit) required under Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3, United States Code, Executive Order No. 12038, Executive Order No. 10485, or any other Executive order shall be necessary for the construction, connection, operation, or maintenance of an oil or natural gas pipeline or electric transmission facility, or any border- crossing facility thereof. (e) Modifications to Existing Projects.--No certificate of crossing under subsection (a), or permit described in subsection (d), shall be required for a modification to-- (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (d) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (a). (f) Effective Date; Rulemaking Deadlines.-- (1) Effective date.--Subsections (a) through (e), and the amendments made by such subsections, shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines.--Each relevant official or agency described in subsection (a)(2)(B) shall-- (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register notice of a proposed rulemaking to carry out the applicable requirements of subsection (a); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (a). (g) Definitions.--In this section-- (1) the term ``border-crossing facility'' means the portion of an oil or natural gas pipeline or electric transmission facility that is located at an international boundary of the United States; (2) the term ``modification'' includes a reversal of flow direction, change in ownership, change in flow volume, addition or removal of an interconnection, or an adjustment to maintain flow (such as a reduction or increase in the number of pump or compressor stations); (3) the term ``natural gas'' has the meaning given that term in section 2 of the Natural Gas Act (15 U.S.C. 717a); (4) the term ``oil'' means petroleum or a petroleum product; (5) the terms ``Electric Reliability Organization'' and ``regional entity'' have the meanings given those terms in section 215 of the Federal Power Act (16 U.S.C. 824o); and (6) the terms ``Independent System Operator'' and ``Regional Transmission Organization'' have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796). all
H.R. 576 (Introduced in House) - Next Generation Votes Act	https://www.govinfo.gov/content/pkg/BILLS-117hr576ih/html/BILLS-117hr576ih.htm	DOC 117th CONGRESS 1st Session H. R. 576 To amend the National Voter Registration Act of 1993 to require States to accept applications to register to vote in elections for Federal office in the State from individuals under 18 years of age at the time of application. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Neguse (for himself, Mr. Sarbanes, Ms. Moore of Wisconsin, Mr. Levin of Michigan, Ms. Norton, Ms. DeGette, Mr. Raskin, Mr. Soto, Ms. Schakowsky, Ms. Pressley, Mr. Jones, Mr. Blumenauer, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the National Voter Registration Act of 1993 to require States to accept applications to register to vote in elections for Federal office in the State from individuals under 18 years of age at the time of application. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Votes Act''. SEC. 2. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM INDIVIDUALS UNDER 18 YEARS OF AGE. (a) Acceptance of Applications.--Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended-- (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: ``(j) Acceptance of Applications From Individuals Under 18 Years of Age.-- ``(1) In general.--A State may not refuse to accept or process an individual's application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time. ``(2) No effect on state voting age requirements.--Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2021. all
H.R. 577 (Introduced in House) - Colorado Outdoor Recreation and Economy Act	https://www.govinfo.gov/content/pkg/BILLS-117hr577ih/html/BILLS-117hr577ih.htm	DOC 117th CONGRESS 1st Session H. R. 577 To provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Neguse (for himself, Mr. Crow, Ms. DeGette, and Mr. Perlmutter) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To provide for the designation of certain wilderness areas, recreation management areas, and conservation areas in the State of Colorado, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Colorado Outdoor Recreation and Economy Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of State. TITLE I--CONTINENTAL DIVIDE Sec. 101. Definitions. Sec. 102. Colorado Wilderness additions. Sec. 103. Williams Fork Mountains Wilderness. Sec. 104. Tenmile Recreation Management Area. Sec. 105. Porcupine Gulch Wildlife Conservation Area. Sec. 106. Williams Fork Mountains Wildlife Conservation Area. Sec. 107. Camp Hale National Historic Landscape. Sec. 108. White River National Forest boundary modification. Sec. 109. Rocky Mountain National Park Potential Wilderness boundary adjustment. Sec. 110. Administrative provisions. TITLE II--SAN JUAN MOUNTAINS Sec. 201. Definitions. Sec. 202. Additions to National Wilderness Preservation System. Sec. 203. Special management areas. Sec. 204. Release of wilderness study areas. Sec. 205. Administrative provisions. TITLE III--THOMPSON DIVIDE Sec. 301. Purposes. Sec. 302. Definitions. Sec. 303. Thompson Divide Withdrawal and Protection Area. Sec. 304. Thompson Divide lease exchange. Sec. 305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program. Sec. 306. Effect. TITLE IV--CURECANTI NATIONAL RECREATION AREA Sec. 401. Definitions. Sec. 402. Curecanti National Recreation Area. Sec. 403. Acquisition of land; boundary management. Sec. 404. General management plan. Sec. 405. Boundary survey. SEC. 2. DEFINITION OF STATE. In this Act, the term ``State'' means the State of Colorado. TITLE I--CONTINENTAL DIVIDE SEC. 101. DEFINITIONS. In this title: (1) Covered area.--The term ``covered area'' means any area designated as wilderness by the amendments to section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) made by section 102(a). (2) Historic landscape.--The term ``Historic Landscape'' means the Camp Hale National Historic Landscape designated by section 107(a). (3) Recreation management area.--The term ``Recreation Management Area'' means the Tenmile Recreation Management Area designated by section 104(a). (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Wildlife conservation area.--The term ``Wildlife Conservation Area'' means, as applicable-- (A) the Porcupine Gulch Wildlife Conservation Area designated by section 105(a); and (B) the Williams Fork Mountains Wildlife Conservation Area designated by section 106(a). SEC. 102. COLORADO WILDERNESS ADDITIONS. (a) Designation.--Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is amended-- (1) in paragraph (18), by striking ``1993,'' and inserting ``1993, and certain Federal land within the White River National Forest that comprises approximately 6,896 acres, as generally depicted as `Proposed Ptarmigan Peak Wilderness Additions' on the map entitled `Proposed Ptarmigan Peak Wilderness Additions' and dated June 24, 2019,''; and (2) by adding at the end the following: ``(23) Holy cross wilderness addition.--Certain Federal land within the White River National Forest that comprises approximately 3,866 acres, as generally depicted as `Proposed Megan Dickie Wilderness Addition' on the map entitled `Holy Cross Wilderness Addition Proposal' and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Holy Cross Wilderness designated by section 102(a)(5) of Public Law 96-560 (94 Stat. 3266). ``(24) Hoosier ridge wilderness.--Certain Federal land within the White River National Forest that comprises approximately 5,235 acres, as generally depicted as `Proposed Hoosier Ridge Wilderness' on the map entitled `Tenmile Proposal' and dated June 24, 2019, which shall be known as the `Hoosier Ridge Wilderness'. ``(25) Tenmile wilderness.--Certain Federal land within the White River National Forest that comprises approximately 7,624 acres, as generally depicted as `Proposed Tenmile Wilderness' on the map entitled `Tenmile Proposal' and dated June 24, 2019, which shall be known as the `Tenmile Wilderness'. ``(26) Eagles nest wilderness additions.--Certain Federal land within the White River National Forest that comprises approximately 9,670 acres, as generally depicted as `Proposed Freeman Creek Wilderness Addition' and `Proposed Spraddle Creek Wilderness Addition' on the map entitled `Eagles Nest Wilderness Additions Proposal' and dated June 24, 2019, which shall be incorporated into, and managed as part of, the Eagles Nest Wilderness designated by Public Law 94-352 (90 Stat. 870).''. (b) Applicable Law.--Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering a covered area. (c) Fire, Insects, and Diseases.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may carry out any activity in a covered area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. (d) Grazing.--The grazing of livestock on a covered area, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (e) Coordination.--For purposes of administering the Federal land designated as wilderness by paragraph (26) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103- 77) (as added by subsection (a)(2)), the Secretary shall, as determined to be appropriate for the protection of watersheds, coordinate the activities of the Secretary in response to fires and flooding events with interested State and local agencies, including operations using aircraft or mechanized equipment. SEC. 103. WILLIAMS FORK MOUNTAINS WILDERNESS. (a) Designation.--In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land in the White River National Forest in the State, comprising approximately 8,036 acres, as generally depicted as ``Proposed Williams Fork Mountains Wilderness'' on the map entitled ``Williams Fork Mountains Proposal'' and dated June 24, 2019, is designated as a potential wilderness area. (b) Management.--Subject to valid existing rights and except as provided in subsection (d), the potential wilderness area designated by subsection (a) shall be managed in accordance with-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and (2) this section. (c) Livestock Use of Vacant Allotments.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, in accordance with applicable laws (including regulations), the Secretary shall publish a determination regarding whether to authorize livestock grazing or other use by livestock on the vacant allotments known as-- (A) the ``Big Hole Allotment''; and (B) the ``Blue Ridge Allotment''. (2) Modification of allotments.--In publishing a determination pursuant to paragraph (1), the Secretary may modify or combine the vacant allotments referred to in that paragraph. (3) Permit or other authorization.--Not later than 1 year after the date on which a determination of the Secretary to authorize livestock grazing or other use by livestock is published under paragraph (1), if applicable, the Secretary shall grant a permit or other authorization for that livestock grazing or other use in accordance with applicable laws (including regulations). (d) Range Improvements.-- (1) In general.--If the Secretary permits livestock grazing or other use by livestock on the potential wilderness area under subsection (c), the Secretary, or a third party authorized by the Secretary, may use any motorized or mechanized transport or equipment for purposes of constructing or rehabilitating such range improvements as are necessary to obtain appropriate livestock management objectives (including habitat and watershed restoration). (2) Termination of authority.--The authority provided by this subsection terminates on the date that is 2 years after the date on which the Secretary publishes a positive determination under subsection (c)(3). (e) Designation as Wilderness.-- (1) Designation.--The potential wilderness area designated by subsection (a) shall be designated as wilderness, to be known as the ``Williams Fork Mountains Wilderness''-- (A) effective not earlier than the date that is 180 days after the date of enactment this Act; and (B) on the earliest of-- (i) the date on which the Secretary publishes in the Federal Register a notice that the construction or rehabilitation of range improvements under subsection (d) is complete; (ii) the date described in subsection (d)(2); and (iii) the effective date of a determination of the Secretary not to authorize livestock grazing or other use by livestock under subsection (c)(1). (2) Administration.--Subject to valid existing rights, the Secretary shall manage the Williams Fork Mountains Wilderness in accordance with-- (A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77); and (B) this title. SEC. 104. TENMILE RECREATION MANAGEMENT AREA. (a) Designation.--Subject to valid existing rights, the approximately 17,122 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Tenmile Recreation Management Area'' on the map entitled ``Tenmile Proposal'' and dated June 24, 2019, are designated as the ``Tenmile Recreation Management Area''. (b) Purposes.--The purposes of the Recreation Management Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the recreational, scenic, watershed, habitat, and ecological resources of the Recreation Management Area. (c) Management.-- (1) In general.--The Secretary shall manage the Recreation Management Area-- (A) in a manner that conserves, protects, and enhances-- (i) the purposes of the Recreation Management Area described in subsection (b); and (ii) recreation opportunities, including mountain biking, hiking, fishing, horseback riding, snowshoeing, climbing, skiing, camping, and hunting; and (B) in accordance with-- (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Recreation Management Area as the Secretary determines would further the purposes described in subsection (b). (B) Vehicles.-- (i) In general.--Except as provided in clause (iii), the use of motorized vehicles in the Recreation Management Area shall be limited to the roads, vehicle classes, and periods authorized for motorized vehicle use on the date of enactment of this Act. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary road shall be constructed in the Recreation Management Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) rerouting or closing an existing road or trail to protect natural resources from degradation, as the Secretary determines to be appropriate; (II) authorizing the use of motorized vehicles for administrative purposes or roadside camping; (III) constructing temporary roads or permitting the use of motorized vehicles to carry out pre- or post-fire watershed protection projects; (IV) authorizing the use of motorized vehicles to carry out any activity described in subsection (d), (e)(1), or (f); or (V) responding to an emergency. (C) Commercial timber.-- (i) In general.--Subject to clause (ii), no project shall be carried out in the Recreation Management Area for the purpose of harvesting commercial timber. (ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Recreation Management Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Water.-- (1) Effect on water management infrastructure.--Nothing in this section affects the construction, repair, reconstruction, replacement, operation, maintenance, or renovation within the Recreation Management Area of-- (A) water management infrastructure in existence on the date of enactment of this Act; or (B) any future infrastructure necessary for the development or exercise of water rights decreed before the date of enactment of this Act. (2) Applicable law.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Recreation Management Area. (f) Regional Transportation Projects.--Nothing in this section precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Recreation Management Area for-- (1) a regional transportation project, including-- (A) highway widening or realignment; and (B) construction of multimodal transportation systems; or (2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1). (g) Applicable Law.--Nothing in this section affects the designation of the Federal land within the Recreation Management Area for purposes of-- (1) section 138 of title 23, United States Code; or (2) section 303 of title 49, United States Code. (h) Permits.--Nothing in this section alters or limits-- (1) any permit held by a ski area or other entity; or (2) the acceptance, review, or implementation of associated activities or facilities proposed or authorized by law or permit outside the boundaries of the Recreation Management Area. SEC. 105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA. (a) Designation.--Subject to valid existing rights, the approximately 8,287 acres of Federal land located in the White River National Forest, as generally depicted as ``Proposed Porcupine Gulch Wildlife Conservation Area'' on the map entitled ``Porcupine Gulch Wildlife Conservation Area Proposal'' and dated June 24, 2019, are designated as the ``Porcupine Gulch Wildlife Conservation Area'' (referred to in this section as the ``Wildlife Conservation Area''). (b) Purposes.--The purposes of the Wildlife Conservation Area are-- (1) to conserve and protect a wildlife migration corridor over Interstate 70; and (2) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, and ecological resources of the Wildlife Conservation Area. (c) Management.-- (1) In general.--The Secretary shall manage the Wildlife Conservation Area-- (A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and (B) in accordance with-- (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b). (B) Recreation.--The Secretary may permit such recreational activities in the Wildlife Conservation Area that the Secretary determines are consistent with the purposes described in subsection (b). (C) Motorized vehicles and mechanized transport; new or temporary roads.-- (i) Motorized vehicles and mechanized transport.--Except as provided in clause (iii), the use of motorized vehicles and mechanized transport in the Wildlife Conservation Area shall be prohibited. (ii) New or temporary roads.--Except as provided in clause (iii) and subsection (e), no new or temporary road shall be constructed within the Wildlife Conservation Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) authorizing the use of motorized vehicles or mechanized transport for administrative purposes; (II) constructing temporary roads or permitting the use of motorized vehicles or mechanized transport to carry out pre- or post-fire watershed protection projects; (III) authorizing the use of motorized vehicles or mechanized transport to carry out activities described in subsection (d) or (e); or (IV) responding to an emergency. (D) Commercial timber.-- (i) In general.--Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber. (ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Regional Transportation Projects.--Nothing in this section or section 110(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for-- (1) a regional transportation project, including-- (A) highway widening or realignment; and (B) construction of multimodal transportation systems; or (2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1). (f) Applicable Law.--Nothing in this section affects the designation of the Federal land within the Wildlife Conservation Area for purposes of-- (1) section 138 of title 23, United States Code; or (2) section 303 of title 49, United States Code. (g) Water.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area. SEC. 106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION AREA. (a) Designation.--Subject to valid existing rights, the approximately 3,528 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Williams Fork Mountains Wildlife Conservation Area'' on the map entitled ``Williams Fork Mountains Proposal'' and dated June 24, 2019, are designated as the ``Williams Fork Mountains Wildlife Conservation Area'' (referred to in this section as the ``Wildlife Conservation Area''). (b) Purposes.--The purposes of the Wildlife Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the wildlife, scenic, roadless, watershed, recreational, and ecological resources of the Wildlife Conservation Area. (c) Management.-- (1) In general.--The Secretary shall manage the Wildlife Conservation Area-- (A) in a manner that conserves, protects, and enhances the purposes described in subsection (b); and (B) in accordance with-- (i) the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.); (ii) any other applicable laws (including regulations); and (iii) this section. (2) Uses.-- (A) In general.--The Secretary shall only allow such uses of the Wildlife Conservation Area as the Secretary determines would further the purposes described in subsection (b). (B) Motorized vehicles.-- (i) In general.--Except as provided in clause (iii), the use of motorized vehicles in the Wildlife Conservation Area shall be limited to designated roads and trails. (ii) New or temporary roads.--Except as provided in clause (iii), no new or temporary road shall be constructed in the Wildlife Conservation Area. (iii) Exceptions.--Nothing in clause (i) or (ii) prevents the Secretary from-- (I) authorizing the use of motorized vehicles for administrative purposes; (II) authorizing the use of motorized vehicles to carry out activities described in subsection (d); or (III) responding to an emergency. (C) Bicycles.--The use of bicycles in the Wildlife Conservation Area shall be limited to designated roads and trails. (D) Commercial timber.-- (i) In general.--Subject to clause (ii), no project shall be carried out in the Wildlife Conservation Area for the purpose of harvesting commercial timber. (ii) Limitation.--Nothing in clause (i) prevents the Secretary from harvesting or selling a merchantable product that is a byproduct of an activity authorized under this section. (E) Grazing.--The laws (including regulations) and policies followed by the Secretary in issuing and administering grazing permits or leases on land under the jurisdiction of the Secretary shall continue to apply with regard to the land in the Wildlife Conservation Area, consistent with the purposes described in subsection (b). (d) Fire, Insects, and Diseases.--The Secretary may carry out any activity, in accordance with applicable laws (including regulations), that the Secretary determines to be necessary to prevent, control, or mitigate fire, insects, or disease in the Wildlife Conservation Area, subject to such terms and conditions as the Secretary determines to be appropriate. (e) Regional Transportation Projects.--Nothing in this section or section 110(f) precludes the Secretary from authorizing, in accordance with applicable laws (including regulations), the use or leasing of Federal land within the Wildlife Conservation Area for-- (1) a regional transportation project, including-- (A) highway widening or realignment; and (B) construction of multimodal transportation systems; or (2) any infrastructure, activity, or safety measure associated with the implementation or use of a facility constructed under paragraph (1). (f) Water.--Section 3(e) of the James Peak Wilderness and Protection Area Act (Public Law 107-216; 116 Stat. 1058) shall apply to the Wildlife Conservation Area. SEC. 107. CAMP HALE NATIONAL HISTORIC LANDSCAPE. (a) Designation.--Subject to valid existing rights, the approximately 28,676 acres of Federal land in the White River National Forest in the State, as generally depicted as ``Proposed Camp Hale National Historic Landscape'' on the map entitled ``Camp Hale National Historic Landscape Proposal'' and dated June 24, 2019, are designated the ``Camp Hale National Historic Landscape''. (b) Purposes.--The purposes of the Historic Landscape are-- (1) to provide for-- (A) the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history; (B) the historic preservation of the Historic Landscape, consistent with-- (i) the designation of the Historic Landscape as a national historic site; and (ii) the other purposes of the Historic Landscape; (C) recreational opportunities, with an emphasis on the activities related to the historic use of the Historic Landscape, including skiing, snowshoeing, snowmobiling, hiking, horseback riding, climbing, other road- and trail-based activities, and other outdoor activities; and (D) the continued environmental remediation and removal of unexploded ordnance at the Camp Hale Formerly Used Defense Site and the Camp Hale historic cantonment area; and (2) to conserve, protect, restore, and enhance for the benefit and enjoyment of present and future generations the scenic, watershed, and ecological resources of the Historic Landscape. (c) Management.-- (1) In general.--The Secretary shall manage the Historic Landscape in accordance with-- (A) the purposes of the Historic Landscape described in subsection (b); and (B) any other applicable laws (including regulations). (2) Management plan.-- (A) In general.--Not later than 5 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Historic Landscape. (B) Contents.--The management plan prepared under subparagraph (A) shall include plans for-- (i) improving the interpretation of historic events, activities, structures, and artifacts of the Historic Landscape, including with respect to the role of the Historic Landscape in local, national, and world history; (ii) conducting historic preservation and veteran outreach and engagement activities; (iii) managing recreational opportunities, including the use and stewardship of-- (I) the road and trail systems; and (II) dispersed recreation resources; (iv) the conservation, protection, restoration, or enhancement of the scenic, watershed, and ecological resources of the Historic Landscape, including conducting the restoration and enhancement project under subsection (d); and (v) environmental remediation and, consistent with subsection (e)(2), the removal of unexploded ordnance. (3) Explosive hazards.--The Secretary shall provide to the Secretary of the Army a notification of any unexploded ordnance (as defined in section 101(e) of title 10, United States Code) that is discovered in the Historic Landscape. (d) Camp Hale Restoration and Enhancement Project.-- (1) In general.--The Secretary shall conduct a restoration and enhancement project in the Historic Landscape-- (A) to improve aquatic, riparian, and wetland conditions in and along the Eagle River and tributaries of the Eagle River; (B) to maintain or improve recreation and interpretive opportunities and facilities; and (C) to conserve historic values in the Camp Hale area. (2) Coordination.--In carrying out the project described in paragraph (1), the Secretary shall coordinate with-- (A) the Corps of Engineers; (B) the Camp Hale-Eagle River Headwaters Collaborative Group; (C) the National Forest Foundation; (D) the Colorado Department of Public Health and Environment; (E) the Colorado State Historic Preservation Office; (F) units of local government; and (G) other interested organizations and members of the public. (e) Environmental Remediation.-- (1) In general.--The Secretary of the Army shall continue to carry out the projects and activities of the Department of the Army in existence on the date of enactment of this Act relating to cleanup of-- (A) the Camp Hale Formerly Used Defense Site; or (B) the Camp Hale historic cantonment area. (2) Removal of unexploded ordnance.-- (A) In general.--The Secretary of the Army may remove unexploded ordnance (as defined in section 101(e) of title 10, United States Code) from the Historic Landscape, as the Secretary of the Army determines to be appropriate in accordance with applicable law (including regulations). (B) Action on receipt of notice.--On receipt from the Secretary of a notification of unexploded ordnance under subsection (c)(3), the Secretary of the Army may remove the unexploded ordnance in accordance with-- (i) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code; (ii) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); and (iii) any other applicable provision of law (including regulations). (3) Effect of subsection.--Nothing in this subsection modifies any obligation in existence on the date of enactment of this Act relating to environmental remediation or removal of any unexploded ordnance located in or around the Camp Hale historic cantonment area, the Camp Hale Formerly Used Defense Site, or the Historic Landscape, including such an obligation under-- (A) the program for environmental restoration of formerly used defense sites under section 2701 of title 10, United States Code; (B) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or (C) any other applicable provision of law (including regulations). (f) Interagency Agreement.--The Secretary and the Secretary of the Army shall enter into an agreement-- (1) to specify-- (A) the activities of the Secretary relating to the management of the Historic Landscape; and (B) the activities of the Secretary of the Army relating to environmental remediation and the removal of unexploded ordnance in accordance with subsection (e) and other applicable laws (including regulations); and (2) to require the Secretary to provide to the Secretary of the Army, by not later than 1 year after the date of enactment of this Act and periodically thereafter, as appropriate, a management plan for the Historic Landscape for purposes of the removal activities described in subsection (e). (g) Effect.--Nothing in this section-- (1) affects the jurisdiction of the State over any water law, water right, or adjudication or administration relating to any water resource; (2) affects any water right in existence on or after the date of enactment of this Act, or the exercise of such a water right, including-- (A) a water right under an interstate water compact (including full development of any apportionment made in accordance with such a compact); (B) a water right decreed within, above, below, or through the Historic Landscape; (C) a water right held by the United States; (D) the management or operation of any reservoir, including the storage, management, release, or transportation of water; and (E) the construction or operation of such infrastructure as is determined to be necessary by an individual or entity holding water rights to develop and place to beneficial use those rights, subject to applicable Federal, State, and local law (including regulations); (3) constitutes an express or implied reservation by the United States of any reserved or appropriative water right; (4) alters or limits-- (A) a permit held by a ski area; (B) the implementation of activities governed by a ski area permit; or (C) the authority of the Secretary to modify or expand an existing ski area permit; (5) prevents the Secretary from closing portions of the Historic Landscape for public safety, environmental remediation, or other use in accordance with applicable laws; or (6) affects-- (A) any special use permit in effect on the date of enactment of this Act; or (B) the renewal of a permit described in subparagraph (A). (h) Funding.-- (1) In general.--There is established in the general fund of the Treasury a special account, to be known as the ``Camp Hale Historic Preservation and Restoration Fund''. (2) Authorization of appropriations.--There is authorized to be appropriated to the Camp Hale Historic Preservation and Restoration Fund $10,000,000, to be available to the Secretary until expended, for activities relating to historic interpretation, preservation, and restoration carried out in and around the Historic Landscape. (i) Designation of Overlook.--The interpretive site located beside United States Route 24 in the State, at 39.431N 106.323W, is designated as the ``Sandy Treat Overlook''. SEC. 108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION. (a) In General.--The boundary of the White River National Forest is modified to include the approximately 120 acres comprised of the SW\1/ 4\, the SE\1/4\, and the NE\1/4\ of the SE\1/4\ of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in Summit County in the State. (b) Land and Water Conservation Fund.--For purposes of section 200306 of title 54, United States Code, the boundaries of the White River National Forest, as modified by subsection (a), shall be considered to be the boundaries of the White River National Forest as in existence on January 1, 1965. SEC. 109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS BOUNDARY ADJUSTMENT. (a) Purpose.--The purpose of this section is to provide for the ongoing maintenance and use of portions of the Trail River Ranch and the associated property located within Rocky Mountain National Park in Grand County in the State. (b) Boundary Adjustment.--Section 1952(b) of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1070) is amended by adding at the end the following: ``(3) Boundary adjustment.--The boundary of the Potential Wilderness is modified to exclude the area comprising approximately 15.5 acres of land identified as `Potential Wilderness to Non-wilderness' on the map entitled `Rocky Mountain National Park Proposed Wilderness Area Amendment' and dated January 16, 2018.''. SEC. 110. ADMINISTRATIVE PROVISIONS. (a) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (b) No Buffer Zones.-- (1) In general.--Nothing in this title or an amendment made by this title establishes a protective perimeter or buffer zone around-- (A) a covered area; (B) a wilderness area or potential wilderness area designated by section 103; (C) the Recreation Management Area; (D) a Wildlife Conservation Area; or (E) the Historic Landscape. (2) Outside activities.--The fact that a nonwilderness activity or use on land outside of the areas described in paragraph (1) can be seen or heard from within the areas described in paragraph (1) shall not preclude the activity or use outside the boundary of the areas described in paragraph (1). (c) Tribal Rights and Uses.-- (1) Treaty rights.--Nothing in this title affects the treaty rights of an Indian Tribe. (2) Traditional tribal uses.--Subject to any terms and conditions that the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the areas described in subsection (b)(1) by members of Indian Tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of each area described in subsection (b)(1) with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (e) Acquisition of Land.-- (1) In general.--The Secretary may acquire any land or interest in land within the boundaries of an area described in subsection (b)(1) only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness area, Recreation Management Area, Wildlife Conservation Area, or Historic Landscape, as applicable, in which the land or interest in land is located. (f) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the areas described in subsection (b)(1) are withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (g) Military Overflights.--Nothing in this title or an amendment made by this title restricts or precludes-- (1) any low-level overflight of military aircraft over any area subject to this title or an amendment made by this title, including military overflights that can be seen, heard, or detected within such an area; (2) flight testing or evaluation over an area described in paragraph (1); or (3) the use or establishment of-- (A) any new unit of special use airspace over an area described in paragraph (1); or (B) any military flight training or transportation over such an area. (h) Sense of Congress.--It is the sense of Congress that military aviation training on Federal public land in the State, including the training conducted at the High-Altitude Army National Guard Aviation Training Site, is critical to the national security of the United States and the readiness of the Armed Forces. TITLE II--SAN JUAN MOUNTAINS SEC. 201. DEFINITIONS. In this title: (1) Covered land.--The term ``covered land'' means-- (A) land designated as wilderness under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202); and (B) a Special Management Area. (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (3) Special management area.--The term ``Special Management Area'' means each of-- (A) the Sheep Mountain Special Management Area designated by section 203(a)(1); and (B) the Liberty Bell East Special Management Area designated by section 203(a)(2). SEC. 202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION SYSTEM. Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as amended by section 102(a)(2)) is amended by adding at the end the following: ``(27) Lizard head wilderness addition.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,141 acres, as generally depicted on the map entitled `Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness. ``(28) Mount sneffels wilderness additions.-- ``(A) Liberty bell and last dollar additions.-- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 7,235 acres, as generally depicted on the map entitled `Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(B) Whitehouse additions.--Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 12,465 acres, as generally depicted on the map entitled `Proposed Whitehouse Additions to the Mt. Sneffels Wilderness' and dated September 6, 2018, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. ``(29) Mckenna peak wilderness.--Certain Federal land in the State of Colorado comprising approximately 8,884 acres of Bureau of Land Management land, as generally depicted on the map entitled `Proposed McKenna Peak Wilderness Area' and dated September 18, 2018, to be known as the `McKenna Peak Wilderness'.''. SEC. 203. SPECIAL MANAGEMENT AREAS. (a) Designation.-- (1) Sheep mountain special management area.--The Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests in the State comprising approximately 21,663 acres, as generally depicted on the map entitled ``Proposed Sheep Mountain Special Management Area'' and dated September 19, 2018, is designated as the ``Sheep Mountain Special Management Area''. (2) Liberty bell east special management area.--The Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests in the State comprising approximately 792 acres, as generally depicted on the map entitled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area'' and dated September 6, 2018, is designated as the ``Liberty Bell East Special Management Area''. (b) Purpose.--The purpose of the Special Management Areas is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Areas. (c) Management.-- (1) In general.--The Secretary shall manage the Special Management Areas in a manner that-- (A) conserves, protects, and enhances the resources and values of the Special Management Areas described in subsection (b); (B) subject to paragraph (3), maintains or improves the wilderness character of the Special Management Areas and the suitability of the Special Management Areas for potential inclusion in the National Wilderness Preservation System; and (C) is in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this title; and (iii) any other applicable laws. (2) Prohibitions.--The following shall be prohibited in the Special Management Areas: (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land, to provide access for abandoned mine cleanup, and to protect public health and safety-- (i) the use of motor vehicles, motorized equipment, or mechanical transport (other than as provided in paragraph (3)); and (ii) the establishment of temporary roads. (3) Authorized activities.-- (A) In general.--The Secretary may allow any activities (including helicopter access for recreation and maintenance and the competitive running event permitted since 1992) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Areas, subject to such terms and conditions as the Secretary may require. (B) Permitting.--The designation of the Special Management Areas by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act. (C) Bicycles.--The Secretary may permit the use of bicycles in-- (i) the portion of the Sheep Mountain Special Management Area identified as ``Ophir Valley Area'' on the map entitled ``Proposed Sheep Mountain Special Management Area'' and dated September 19, 2018; and (ii) the portion of the Liberty Bell East Special Management Area identified as ``Liberty Bell Corridor'' on the map entitled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness, Liberty Bell East Special Management Area'' and dated September 6, 2018. (d) Applicable Law.--Water and water rights in the Special Management Areas shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762), except that, for purposes of this title-- (1) any reference contained in that section to ``the lands designated as wilderness by this Act'', ``the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act'', or ``the areas described in sections 2, 5, 6, and 9 of this Act'' shall be considered to be a reference to ``the Special Management Areas''; and (2) any reference contained in that section to ``this Act'' shall be considered to be a reference to ``the Colorado Outdoor Recreation and Economy Act''. SEC. 204. RELEASE OF WILDERNESS STUDY AREAS. (a) Dominguez Canyon Wilderness Study Area.--Subtitle E of title II of Public Law 111-11 is amended-- (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as section 2409; and (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) the following: ``SEC. 2408. RELEASE. ``(a) In General.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation. ``(b) Release.--Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle-- ``(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and ``(2) shall be managed in accordance with this subtitle and any other applicable laws.''. (b) McKenna Peak Wilderness Study Area.-- (1) In general.--Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak Wilderness Study Area in San Miguel County in the State not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) have been adequately studied for wilderness designation. (2) Release.--Any public land referred to in paragraph (1) that is not designated as wilderness by paragraph (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202)-- (A) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (B) shall be managed in accordance with applicable laws. SEC. 205. ADMINISTRATIVE PROVISIONS. (a) Fish and Wildlife.--Nothing in this title affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (b) No Buffer Zones.-- (1) In general.--Nothing in this title establishes a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the activity or use outside the boundary of the covered land. (c) Tribal Rights and Uses.-- (1) Treaty rights.--Nothing in this title affects the treaty rights of any Indian Tribe, including rights under the Agreement of September 13, 1873, ratified by the Act of April 29, 1874 (18 Stat. 36, chapter 136). (2) Traditional tribal uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the covered land by members of Indian Tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. (d) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) and the Special Management Areas with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary or the Secretary of the Interior, as appropriate, may correct any typographical errors in the maps and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. (e) Acquisition of Land.-- (1) In general.--The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of a Special Management Area or the wilderness designated under paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) only through exchange, donation, or purchase from a willing seller. (2) Management.--Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located. (f) Grazing.--The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered to be necessary by the Secretary with jurisdiction over the covered land, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the applicable guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th Congress (H. Rept. 96-617). (g) Fire, Insects, and Diseases.--In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary with jurisdiction over a wilderness area designated by paragraphs (27) through (29) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by section 202) may carry out any activity in the wilderness area that the Secretary determines to be necessary for the control of fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be appropriate. (h) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,590 acres generally depicted on the map entitled ``Proposed Naturita Canyon Mineral Withdrawal Area'' and dated September 6, 2018, is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. TITLE III--THOMPSON DIVIDE SEC. 301. PURPOSES. The purposes of this title are-- (1) subject to valid existing rights, to withdraw certain Federal land in the Thompson Divide area from mineral and other disposal laws in order to protect the agricultural, ranching, wildlife, air quality, recreation, ecological, and scenic values of the area; and (2) to promote the capture of fugitive methane emissions that would otherwise be emitted into the atmosphere-- (A) to reduce methane gas emissions; and (B) to provide-- (i) new renewable electricity supplies and other beneficial uses of fugitive methane emissions; and (ii) increased royalties for taxpayers. SEC. 302. DEFINITIONS. In this title: (1) Fugitive methane emissions.--The term ``fugitive methane emissions'' means methane gas from the Federal land in Garfield, Gunnison, Delta, or Pitkin County in the State, as generally depicted on the pilot program map as ``Fugitive Coal Mine Methane Use Pilot Program Area'', that would leak or be vented into the atmosphere from an active, inactive, or abandoned underground coal mine. (2) Pilot program.--The term ``pilot program'' means the Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program established by section 305(a)(1). (3) Pilot program map.--The term ``pilot program map'' means the map entitled ``Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program Area'' and dated June 17, 2019. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Thompson divide lease.-- (A) In general.--The term ``Thompson Divide lease'' means any oil or gas lease in effect on the date of enactment of this Act within the Thompson Divide Withdrawal and Protection Area. (B) Exclusions.--The term ``Thompson Divide lease'' does not include any oil or gas lease that-- (i) is associated with a Wolf Creek Storage Field development right; or (ii) before the date of enactment of this Act, has expired, been cancelled, or otherwise terminated. (6) Thompson divide map.--The term ``Thompson Divide map'' means the map entitled ``Greater Thompson Divide Area Map'' and dated June 13, 2019. (7) Thompson divide withdrawal and protection area.--The term ``Thompson Divide Withdrawal and Protection Area'' means the Federal land and minerals generally depicted on the Thompson Divide map as the ``Thompson Divide Withdrawal and Protection Area''. (8) Wolf creek storage field development right.-- (A) In general.--The term ``Wolf Creek Storage Field development right'' means a development right for any of the Federal mineral leases numbered COC 007496, COC 007497, COC 007498, COC 007499, COC 007500, COC 007538, COC 008128, COC 015373, COC 0128018, COC 051645, and COC 051646, as generally depicted on the Thompson Divide map as ``Wolf Creek Storage Agreement''. (B) Exclusions.--The term ``Wolf Creek Storage Field development right'' does not include any storage right or related activity within the area described in subparagraph (A). SEC. 303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA. (a) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, the Thompson Divide Withdrawal and Protection Area is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Surveys.--The exact acreage and legal description of the Thompson Divide Withdrawal and Protection Area shall be determined by surveys approved by the Secretary, in consultation with the Secretary of Agriculture. (c) Grazing.--Nothing in this Act affects the administration of grazing in the Thompson Divide Withdrawal and Protection Area. SEC. 304. THOMPSON DIVIDE LEASE EXCHANGE. (a) In General.--In exchange for the relinquishment by a leaseholder of all Thompson Divide leases of the leaseholder, the Secretary may issue to the leaseholder credits for any bid, royalty, or rental payment due under any Federal oil or gas lease on Federal land in the State, in accordance with subsection (b). (b) Amount of Credits.-- (1) In general.--Subject to paragraph (2), the amount of the credits issued to a leaseholder of a Thompson Divide lease relinquished under subsection (a) shall-- (A) be equal to the sum of-- (i) the amount of the bonus bids paid for the applicable Thompson Divide leases; (ii) the amount of any rental paid for the applicable Thompson Divide leases as of the date on which the leaseholder submits to the Secretary a notice of the decision to relinquish the applicable Thompson Divide leases; and (iii) the amount of any expenses incurred by the leaseholder of the applicable Thompson Divide leases in the preparation of any drilling permit, sundry notice, or other related submission in support of the development of the applicable Thompson Divide leases as of January 28, 2019, including any expenses relating to the preparation of any analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) require the approval of the Secretary. (2) Exclusion.--The amount of a credit issued under subsection (a) shall not include any expenses paid by the leaseholder of a Thompson Divide lease for legal fees or related expenses for legal work with respect to a Thompson Divide lease. (c) Cancellation.--Effective on relinquishment under this section, and without any additional action by the Secretary, a Thompson Divide lease-- (1) shall be permanently cancelled; and (2) shall not be reissued. (d) Conditions.-- (1) Applicable law.--Except as otherwise provided in this section, each exchange under this section shall be conducted in accordance with-- (A) this Act; and (B) other applicable laws (including regulations). (2) Acceptance of credits.--The Secretary shall accept credits issued under subsection (a) in the same manner as cash for the payments described in that subsection. (3) Applicability.--The use of a credit issued under subsection (a) shall be subject to the laws (including regulations) applicable to the payments described in that subsection, to the extent that the laws are consistent with this section. (4) Treatment of credits.--All amounts in the form of credits issued under subsection (a) accepted by the Secretary shall be considered to be amounts received for the purposes of-- (A) section 35 of the Mineral Leasing Act (30 U.S.C. 191); and (B) section 20 of the Geothermal Steam Act of 1970 (30 U.S.C. 1019). (e) Wolf Creek Storage Field Development Rights.-- (1) Conveyance to secretary.--As a condition precedent to the relinquishment of a Thompson Divide lease, any leaseholder with a Wolf Creek Storage Field development right shall permanently relinquish, transfer, and otherwise convey to the Secretary, in a form acceptable to the Secretary, all Wolf Creek Storage Field development rights of the leaseholder. (2) Limitation of transfer.--An interest acquired by the Secretary under paragraph (1)-- (A) shall be held in perpetuity; and (B) shall not be-- (i) transferred; (ii) reissued; or (iii) otherwise used for mineral extraction. SEC. 305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE USE PILOT PROGRAM. (a) Fugitive Coal Mine Methane Use Pilot Program.-- (1) Establishment.--There is established in the Bureau of Land Management a pilot program, to be known as the ``Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot Program''. (2) Purpose.--The purpose of the pilot program is to promote the capture, beneficial use, mitigation, and sequestration of fugitive methane emissions-- (A) to reduce methane emissions; (B) to promote economic development; (C) to produce bid and royalty revenues; (D) to improve air quality; and (E) to improve public safety. (3) Plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall develop a plan-- (i) to complete an inventory of fugitive methane emissions in accordance with subsection (b); (ii) to provide for the leasing of fugitive methane emissions in accordance with subsection (c); and (iii) to provide for the capping or destruction of fugitive methane emissions in accordance with subsection (d). (B) Coordination.--In developing the plan under this paragraph, the Secretary shall coordinate with-- (i) the State; (ii) Garfield, Gunnison, Delta, and Pitkin Counties in the State; (iii) lessees of Federal coal within the counties referred to in clause (ii); (iv) interested institutions of higher education in the State; and (v) interested members of the public. (b) Fugitive Methane Emission Inventory.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall complete an inventory of fugitive methane emissions. (2) Conduct.--The Secretary may conduct the inventory under paragraph (1) through, or in collaboration with-- (A) the Bureau of Land Management; (B) the United States Geological Survey; (C) the Environmental Protection Agency; (D) the United States Forest Service; (E) State departments or agencies; (F) Garfield, Gunnison, Delta, or Pitkin County in the State; (G) the Garfield County Federal Mineral Lease District; (H) institutions of higher education in the State; (I) lessees of Federal coal within a county referred to in subparagraph (F); (J) the National Oceanic and Atmospheric Administration; (K) the National Center for Atmospheric Research; or (L) other interested entities, including members of the public. (3) Contents.--The inventory under paragraph (1) shall include-- (A) the general location and geographic coordinates of each vent, seep, or other source producing significant fugitive methane emissions; (B) an estimate of the volume and concentration of fugitive methane emissions from each source of significant fugitive methane emissions, including details of measurements taken and the basis for that emissions estimate; (C) an estimate of the total volume of fugitive methane emissions each year; (D) relevant data and other information available from-- (i) the Environmental Protection Agency; (ii) the Mine Safety and Health Administration; (iii) the Colorado Department of Natural Resources; (iv) the Colorado Public Utility Commission; (v) the Colorado Department of Health and Environment; and (vi) the Office of Surface Mining Reclamation and Enforcement; and (E) such other information as may be useful in advancing the purposes of the pilot program. (4) Public participation; disclosure.-- (A) Public participation.--The Secretary shall provide opportunities for public participation in the inventory under this subsection. (B) Availability.--The Secretary shall make the inventory under this subsection publicly available. (C) Disclosure.--Nothing in this subsection requires the Secretary to publicly release information that-- (i) poses a threat to public safety; (ii) is confidential business information; or (iii) is otherwise protected from public disclosure. (5) Use.--The Secretary shall use the inventory in carrying out-- (A) the leasing program under subsection (c); and (B) the capping or destruction of fugitive methane emissions under subsection (d). (c) Fugitive Methane Emission Leasing Program.-- (1) In general.--Subject to valid existing rights and in accordance with this section, not later than 1 year after the date of completion of the inventory required under subsection (b), the Secretary shall carry out a program to encourage the use and destruction of fugitive methane emissions. (2) Fugitive methane emissions from coal mines subject to lease.-- (A) In general.--The Secretary shall authorize the holder of a valid existing Federal coal lease for a mine that is producing fugitive methane emissions to capture for use, or destroy by flaring, the fugitive methane emissions. (B) Conditions.--The authority under subparagraph (A) shall be subject to-- (i) valid existing rights; and (ii) such terms and conditions as the Secretary may require. (C) Limitations.--The program carried out under paragraph (1) shall only include fugitive methane emissions that can be captured for use, or destroyed by flaring, in a manner that does not-- (i) endanger the safety of any coal mine worker; or (ii) unreasonably interfere with any ongoing operation at a coal mine. (D) Cooperation.-- (i) In general.--The Secretary shall work cooperatively with the holders of valid existing Federal coal leases for mines that produce fugitive methane emissions to encourage-- (I) the capture of fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; or (II) if the beneficial use of the fugitive methane emissions is not feasible, the destruction of the fugitive methane emissions by flaring. (ii) Guidance.--In furtherance of the purposes of this paragraph, not later than 1 year after the date of enactment of this Act, the Secretary shall issue guidance for the implementation of Federal authorities and programs to encourage the capture for use, or destruction by flaring, of fugitive methane emissions, while minimizing impacts on natural resources or other public interest values. (E) Royalties.--The Secretary shall determine whether any fugitive methane emissions used or destroyed pursuant to this paragraph are subject to the payment of a royalty under applicable law. (3) Fugitive methane emissions from abandoned coal mines.-- (A) In general.--Except as otherwise provided in this section, notwithstanding section 303, subject to valid existing rights, and in accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, the Secretary shall-- (i) authorize the capture for use, or destruction by flaring, of fugitive methane emissions from abandoned coal mines on Federal land; and (ii) make available for leasing such fugitive methane emissions from abandoned coal mines on Federal land as the Secretary considers to be in the public interest. (B) Source.--To the maximum extent practicable, the Secretary shall offer for lease each significant vent, seep, or other source of fugitive methane emissions from abandoned coal mines. (C) Bid qualifications.--A bid to lease fugitive methane emissions under this paragraph shall specify whether the prospective lessee intends-- (i) to capture the fugitive methane emissions for beneficial use, such as generating electrical power, producing usable heat, transporting the methane to market, or transforming the fugitive methane emissions into a different marketable material; (ii) to destroy the fugitive methane emissions by flaring; or (iii) to employ a specific combination of-- (I) capturing the fugitive methane emissions for beneficial use; and (II) destroying the fugitive methane emission by flaring. (D) Priority.-- (i) In general.--If there is more than 1 qualified bid for a lease under this paragraph, the Secretary shall select the bid that the Secretary determines is likely to most significantly advance the public interest. (ii) Considerations.--In determining the public interest under clause (i), the Secretary shall take into consideration-- (I) the size of the overall decrease in the time-integrated radiative forcing of the fugitive methane emissions; (II) the impacts to other natural resource values, including wildlife, water, and air; and (III) other public interest values, including scenic, economic, recreation, and cultural values. (E) Lease form.-- (i) In general.--The Secretary shall develop and provide to prospective bidders a lease form for leases issued under this paragraph. (ii) Due diligence.--The lease form developed under clause (i) shall include terms and conditions requiring the leased fugitive methane emissions to be put to beneficial use or flared by not later than 1 year after the date of issuance of the lease. (F) Royalty rate.--The Secretary shall develop a minimum bid and royalty rate for leases under this paragraph to advance the purposes of this section, to the maximum extent practicable. (d) Sequestration.--If, by not later than 4 years after the date of enactment of this Act, any significant fugitive methane emissions from abandoned coal mines on Federal land are not leased under subsection (c)(3), the Secretary shall, in accordance with applicable law, take all reasonable measures-- (1) to cap those fugitive methane emissions at the source in any case in which the cap will result in the long-term sequestration of all or a significant portion of the fugitive methane emissions; or (2) if sequestration under paragraph (1) is not feasible, destroy the fugitive methane emissions by flaring. (e) Report to Congress.--Not later than 4 years after the date of enactment of this Act the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report detailing-- (1) the economic and environmental impacts of the pilot program, including information on increased royalties and estimates of avoided greenhouse gas emissions; and (2) any recommendations of the Secretary on whether the pilot program could be expanded geographically to include other significant sources of fugitive methane emissions from coal mines. SEC. 306. EFFECT. Except as expressly provided in this title, nothing in this title-- (1) expands, diminishes, or impairs any valid existing mineral leases, mineral interest, or other property rights wholly or partially within the Thompson Divide Withdrawal and Protection Area, including access to the leases, interests, rights, or land in accordance with applicable Federal, State, and local laws (including regulations); (2) prevents the capture of methane from any active, inactive, or abandoned coal mine covered by this title, in accordance with applicable laws; or (3) prevents access to, or the development of, any new or existing coal mine or lease in Delta or Gunnison County in the State. TITLE IV--CURECANTI NATIONAL RECREATION AREA SEC. 401. DEFINITIONS. In this title: (1) Map.--The term ``map'' means the map entitled ``Curecanti National Recreation Area, Proposed Boundary'', numbered 616/100,485C, and dated August 11, 2016. (2) National recreation area.--The term ``National Recreation Area'' means the Curecanti National Recreation Area established by section 402(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 402. CURECANTI NATIONAL RECREATION AREA. (a) Establishment.--Effective beginning on the earlier of the date on which the Secretary approves a request under subsection (c)(2)(B)(i)(I) and the date that is 1 year after the date of enactment of this Act, there shall be established as a unit of the National Park System the Curecanti National Recreation Area, in accordance with this Act, consisting of approximately 50,667 acres of land in the State, as generally depicted on the map as ``Curecanti National Recreation Area Proposed Boundary''. (b) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Administration.-- (1) In general.--The Secretary shall administer the National Recreation Area in accordance with-- (A) this title; and (B) the laws (including regulations) generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code. (2) Dam, power plant, and reservoir management and operations.-- (A) In general.--Nothing in this title affects or interferes with the authority of the Secretary-- (i) to operate the Uncompahgre Valley Reclamation Project under the reclamation laws; (ii) to operate the Wayne N. Aspinall Unit of the Colorado River Storage Project under the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620 et seq.); or (iii) under the Federal Water Project Recreation Act (16 U.S.C. 460l-12 et seq.). (B) Reclamation land.-- (i) Submission of request to retain administrative jurisdiction.--If, before the date that is 1 year after the date of enactment of this Act, the Commissioner of Reclamation submits to the Secretary a request for the Commissioner of Reclamation to retain administrative jurisdiction over the minimum quantity of land within the land identified on the map as ``Lands withdrawn or acquired for Bureau of Reclamation projects'' that the Commissioner of Reclamation identifies as necessary for the effective operation of Bureau of Reclamation water facilities, the Secretary may-- (I) approve, approve with modifications, or disapprove the request; and (II) if the request is approved under subclause (I), make any modifications to the map that are necessary to reflect that the Commissioner of Reclamation retains management authority over the minimum quantity of land required to fulfill the reclamation mission. (ii) Transfer of land.-- (I) In general.--Administrative jurisdiction over the land identified on the map as ``Lands withdrawn or acquired for Bureau of Reclamation projects'', as modified pursuant to clause (i)(II), if applicable, shall be transferred from the Commissioner of Reclamation to the Director of the National Park Service by not later than the date that is 1 year after the date of enactment of this Act. (II) Access to transferred land.-- (aa) In general.--Subject to item (bb), the Commissioner of Reclamation shall retain access to the land transferred to the Director of the National Park Service under subclause (I) for reclamation purposes, including for the operation, maintenance, and expansion or replacement of facilities. (bb) Memorandum of understanding.--The terms of the access authorized under item (aa) shall be determined by a memorandum of understanding entered into between the Commissioner of Reclamation and the Director of the National Park Service not later than 1 year after the date of enactment of this Act. (3) Management agreements.-- (A) In general.--The Secretary may enter into management agreements, or modify management agreements in existence on the date of enactment of this Act, relating to the authority of the Director of the National Park Service, the Commissioner of Reclamation, the Director of the Bureau of Land Management, or the Chief of the Forest Service to manage Federal land within or adjacent to the boundary of the National Recreation Area. (B) State land.--The Secretary may enter into cooperative management agreements for any land administered by the State that is within or adjacent to the National Recreation Area, in accordance with the cooperative management authority under section 101703 of title 54, United States Code. (4) Recreational activities.-- (A) Authorization.--Except as provided in subparagraph (B), the Secretary shall allow boating, boating-related activities, hunting, and fishing in the National Recreation Area in accordance with applicable Federal and State laws. (B) Closures; designated zones.-- (i) In general.--The Secretary, acting through the Superintendent of the National Recreation Area, may designate zones in which, and establish periods during which, no boating, hunting, or fishing shall be permitted in the National Recreation Area under subparagraph (A) for reasons of public safety, administration, or compliance with applicable laws. (ii) Consultation required.--Except in the case of an emergency, any closure proposed by the Secretary under clause (i) shall not take effect until after the date on which the Superintendent of the National Recreation Area consults with-- (I) the appropriate State agency responsible for hunting and fishing activities; and (II) the Board of County Commissioners in each county in which the zone is proposed to be designated. (5) Landowner assistance.--On the written request of an individual that owns private land located not more than 3 miles from the boundary of the National Recreation Area, the Secretary may work in partnership with the individual to enhance the long-term conservation of natural, cultural, recreational, and scenic resources in and around the National Recreation Area-- (A) by acquiring all or a portion of the private land or interests in private land located not more than 3 miles from the boundary of the National Recreation Area by purchase, exchange, or donation, in accordance with section 403; (B) by providing technical assistance to the individual, including cooperative assistance; (C) through available grant programs; and (D) by supporting conservation easement opportunities. (6) Withdrawal.--Subject to valid rights in existence on the date of enactment of this Act, all Federal land within the National Recreation Area is withdrawn from-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (7) Grazing.-- (A) State land subject to a state grazing lease.-- (i) In general.--If State land acquired under this title is subject to a State grazing lease in effect on the date of acquisition, the Secretary shall allow the grazing to continue for the remainder of the term of the lease, subject to the related terms and conditions of user agreements, including permitted stocking rates, grazing fee levels, access rights, and ownership and use of range improvements. (ii) Access.--A lessee of State land may continue to use established routes within the National Recreation Area to access State land for purposes of administering the lease if the use was permitted before the date of enactment of this Act, subject to such terms and conditions as the Secretary may require. (B) State and private land.--The Secretary may, in accordance with applicable laws, authorize grazing on land acquired from the State or private landowners under section 403, if grazing was established before the date of acquisition. (C) Private land.--On private land acquired under section 403 for the National Recreation Area on which authorized grazing is occurring before the date of enactment of this Act, the Secretary, in consultation with the lessee, may allow the continuation and renewal of grazing on the land based on the terms of acquisition or by agreement between the Secretary and the lessee, subject to applicable law (including regulations). (D) Federal land.--The Secretary shall-- (i) allow, consistent with the grazing leases, uses, and practices in effect as of the date of enactment of this Act, the continuation and renewal of grazing on Federal land located within the boundary of the National Recreation Area on which grazing is allowed before the date of enactment of this Act, unless the Secretary determines that grazing on the Federal land would present unacceptable impacts (as defined in section 1.4.7.1 of the National Park Service document entitled ``Management Policies 2006: The Guide to Managing the National Park System'') to the natural, cultural, recreational, and scenic resource values and the character of the land within the National Recreation Area; and (ii) retain all authorities to manage grazing in the National Recreation Area. (E) Termination of leases.--Within the National Recreation Area, the Secretary may-- (i) accept the voluntary termination of a lease or permit for grazing; or (ii) in the case of a lease or permit vacated for a period of 3 or more years, terminate the lease or permit. (8) Water rights.--Nothing in this title-- (A) affects any use or allocation in existence on the date of enactment of this Act of any water, water right, or interest in water; (B) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (C) affects any interstate water compact in existence on the date of enactment of this Act; (D) shall be considered to be a relinquishment or reduction of any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or (E) constitutes an express or implied Federal reservation of any water or water rights with respect to the National Recreation Area. (9) Fishing easements.-- (A) In general.--Nothing in this title diminishes or alters the fish and wildlife program for the Aspinall Unit developed under section 8 of the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (70 Stat. 110, chapter 203; 43 U.S.C. 620g), by the United States Fish and Wildlife Service, the Bureau of Reclamation, and the Colorado Division of Wildlife (including any successor in interest to that division) that provides for the acquisition of public access fishing easements as mitigation for the Aspinall Unit (referred to in this paragraph as the ``program''). (B) Acquisition of fishing easements.--The Secretary shall continue to fulfill the obligation of the Secretary under the program to acquire 26 miles of class 1 public fishing easements to provide to sportsmen access for fishing within the Upper Gunnison Basin upstream of the Aspinall Unit, subject to the condition that no existing fishing access downstream of the Aspinall Unit shall be counted toward the minimum mileage requirement under the program. (C) Plan.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop a plan for fulfilling the obligation of the Secretary described in subparagraph (B) by the date that is 10 years after the date of enactment of this Act. (D) Reports.--Not later than each of 2 years, 5 years, and 8 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the progress made in fulfilling the obligation of the Secretary described in subparagraph (B). (d) Tribal Rights and Uses.-- (1) Treaty rights.--Nothing in this title affects the treaty rights of any Indian Tribe. (2) Traditional tribal uses.--Subject to any terms and conditions as the Secretary determines to be necessary and in accordance with applicable law, the Secretary shall allow for the continued use of the National Recreation Area by members of Indian Tribes-- (A) for traditional ceremonies; and (B) as a source of traditional plants and other materials. SEC. 403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT. (a) Acquisition.-- (1) In general.--The Secretary may acquire any land or interest in land within the boundary of the National Recreation Area. (2) Manner of acquisition.-- (A) In general.--Subject to subparagraph (B), land described in paragraph (1) may be acquired under this subsection by-- (i) donation; (ii) purchase from willing sellers with donated or appropriated funds; (iii) transfer from another Federal agency; or (iv) exchange. (B) State land.--Land or interests in land owned by the State or a political subdivision of the State may only be acquired by purchase, donation, or exchange. (b) Transfer of Administrative Jurisdiction.-- (1) Forest service land.-- (A) In general.--Administrative jurisdiction over the approximately 2,560 acres of land identified on the map as ``U.S. Forest Service proposed transfer to the National Park Service'' is transferred to the Secretary, to be administered by the Director of the National Park Service as part of the National Recreation Area. (B) Boundary adjustment.--The boundary of the Gunnison National Forest shall be adjusted to exclude the land transferred to the Secretary under subparagraph (A). (2) Bureau of land management land.--Administrative jurisdiction over the approximately 5,040 acres of land identified on the map as ``Bureau of Land Management proposed transfer to National Park Service'' is transferred from the Director of the Bureau of Land Management to the Director of the National Park Service, to be administered as part of the National Recreation Area. (3) Withdrawal.--Administrative jurisdiction over the land identified on the map as ``Proposed for transfer to the Bureau of Land Management, subject to the revocation of Bureau of Reclamation withdrawal'' shall be transferred to the Director of the Bureau of Land Management on relinquishment of the land by the Bureau of Reclamation and revocation by the Bureau of Land Management of any withdrawal as may be necessary. (c) Potential Land Exchange.-- (1) In general.--The withdrawal for reclamation purposes of the land identified on the map as ``Potential exchange lands'' shall be relinquished by the Commissioner of Reclamation and revoked by the Director of the Bureau of Land Management and the land shall be transferred to the National Park Service. (2) Exchange; inclusion in national recreation area.--On transfer of the land described in paragraph (1), the transferred land-- (A) may be exchanged by the Secretary for private land described in section 402(c)(5)-- (i) subject to a conservation easement remaining on the transferred land, to protect the scenic resources of the transferred land; and (ii) in accordance with the laws (including regulations) and policies governing National Park Service land exchanges; and (B) if not exchanged under subparagraph (A), shall be added to, and managed as a part of, the National Recreation Area. (d) Addition to National Recreation Area.--Any land within the boundary of the National Recreation Area that is acquired by the United States shall be added to, and managed as a part of, the National Recreation Area. SEC. 404. GENERAL MANAGEMENT PLAN. Not later than 3 years after the date on which funds are made available to carry out this title, the Director of the National Park Service, in consultation with the Commissioner of Reclamation, shall prepare a general management plan for the National Recreation Area in accordance with section 100502 of title 54, United States Code. SEC. 405. BOUNDARY SURVEY. The Secretary (acting through the Director of the National Park Service) shall prepare a boundary survey and legal description of the National Recreation Area. all
H.R. 578 (Introduced in House) - Apprenticeship Hubs Across America Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr578ih/html/BILLS-117hr578ih.htm	DOC 117th CONGRESS 1st Session H. R. 578 To promote registered apprenticeships, including registered apprenticeships within in-demand industry sectors, through the support of workforce intermediaries, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Norcross (for himself, Mr. Bacon, Mr. Fitzpatrick, and Mr. McKinley) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To promote registered apprenticeships, including registered apprenticeships within in-demand industry sectors, through the support of workforce intermediaries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship Hubs Across America Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Registered apprenticeship programs provide apprentices employment with structured on-the-job training, little to no student loan debt, competitive wages, industry-recognized credentials, direct access to jobs and careers, and in some cases, the potential to earn college credit toward an associate's or bachelor's degree. (2) According to the Department of Labor Apprenticeship Toolkit, the average wage for a fully-proficient worker who completes an apprenticeship is $50,000 annually. Apprentices who complete their program earn approximately $300,000 more during their career than non-apprenticeship workers. (3) There are still very few apprenticeship positions in sectors with high job growth. According to data from the Department of Labor, health care--the industry with the greatest job growth--had only 1,852 apprentices in 2016. Information technology, another sector with rapidly expanding job opportunities in the United States, had fewer than 1,000 apprentices in 2016. (4) A major barrier to expanding registered apprenticeships in high-growth job sectors is employers' lack of familiarity with the process to establish, and the requirements of, registered apprenticeship programs. (5) Workforce intermediaries, which are organizations at the national, regional, State, or local level that help ease the process for employers in developing and delivering new registered apprenticeship programs, can serve as a catalyzing force for creating and expanding registered apprenticeships in high-growth job sectors through technical assistance and capacity building for employers, labor organizations, educational institutions, and government entities. SEC. 3. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' means an opportunity in a registered apprenticeship program. (2) In-demand industry sector.--The term ``in-demand industry sector'' means a sector described in subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(23)). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (4) Local board.--The term ``local board'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (5) Nontraditional apprenticeship occupation.--The term ``nontraditional apprenticeship occupation'' means an occupation that has not traditionally engaged in carrying out registered apprenticeship programs, but which the Secretary determines would benefit from having such a program (such as an occupation in a financial services, advanced manufacturing, information technology, health care, or hospitality industry sector). (6) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (7) Secretary.--The term ``Secretary'' means the Secretary of Labor. (8) State board.--The term ``State board'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (9) Workforce intermediary.--The term ``workforce intermediary'' means an entity that, at the national, regional, State, or local level-- (A)(i) facilitates the establishment of registered apprenticeship programs; or (ii) if awarded a grant under this Act, has the capacity, and will work, to facilitate the establishment of registered apprenticeship programs; and (B) may be a partnership that includes one or more of the following as partners: (i) A business or industry organization. (ii) A community-based organization. (iii) A joint labor-management partnership. (iv) An institution of higher education. (v) A State board or local board. (vi) A nonprofit organization. (vii) An industry or sector partnership as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (viii) An industry association. (ix) A joint labor-management organization. (x) A consortium of organizations that provide technical assistance to support and to increase the development of registered apprenticeship programs. (xi) Any other entity that the Secretary considers to be appropriate. SEC. 4. WORKFORCE INTERMEDIARIES GRANT PROGRAM. (a) Establishment.--From amounts made available to carry out this Act, the Secretary shall establish and carry out a workforce intermediaries grant program by awarding grants, on a competitive basis, to workforce intermediaries, to enable the workforce intermediaries to engage a variety of stakeholders, such as local boards, secondary schools, institutions of higher education, and employers, to support, develop, and implement registered apprenticeship programs in accordance with section 6. (b) Duration.--A grant awarded under this Act shall be for a period of not more than 4 years. (c) Amount.--A grant awarded under this Act shall be in an amount of not more than $6,000,000, and such amount shall be determined based on the relative number of apprentices a workforce intermediary plans to facilitate. (d) Geographic Diversity.--In awarding grants under this Act, the Secretary shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants. (e) Matching Funds.--A workforce intermediary receiving a grant under this Act shall provide matching funds, from non-Federal sources, for the activities supported under the grant. The matching funds shall be in an amount that is not less than 20 percent of the amount of grant funds provided under the grant. SEC. 5. APPLICATIONS. (a) In General.--A workforce intermediary desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (b) Contents.--The application described in subsection (a) shall include-- (1) information regarding-- (A) in the case of a workforce intermediary described in section 3(9)(A)(i), the extent to which the workforce intermediary is working, as of the date of the application, with stakeholders to provide activities such as the activities described in section 6; or (B) in the case of a workforce intermediary described in section 3(9)(A)(ii), the capacity of the workforce intermediary to begin providing activities described in section 6 upon receipt of the grant, including information demonstrating that the workforce intermediary would be successful in carrying out such activities; (2) information regarding the extent to which the grant will help the workforce intermediary-- (A) expand apprenticeships for in-demand industry sectors that lack apprenticeships at the time of the application; or (B) target populations that are underrepresented-- (i) in apprenticeships generally; or (ii) in the fields in which the apprentices will be trained; (3) assurances that-- (A) the workforce intermediary will cooperate in the evaluation of the project conducted under section 7; and (B) the workforce intermediary will meet the matching requirement under section 4(e); (4) information about the workforce intermediary's-- (A) experience in providing activities described in section 6 and capacity, or ability to develop or expand capacity, to provide such activities; (B) experience working in a collaborative environment with government and nongovernmental entities; (C) ability to raise or provide funding to cover operating costs for the long-term sustainability of the activities supported under the grant; and (D) capacity and infrastructure to track outcomes and measure results, including capacity to track and analyze program performance and assess program impact; and (5) information describing how the workforce intermediary will promote the diversity described in section 6(b)(1)(F). SEC. 6. USE OF FUNDS. (a) In General.--A workforce intermediary that receives a grant under this Act shall use the grant funds to carry out activities, which may include activities described in subsection (b) or other strategies as may be necessary, that support the development and successful implementation of registered apprenticeship programs. (b) Suggested Uses.--A workforce intermediary may carry out subsection (a) through one or more of the following activities, as determined appropriate by the Secretary: (1) Outreach and marketing.--A workforce intermediary may provide services to engage employers in registered apprenticeship programs, which may include-- (A) marketing apprenticeships regionally, to employers and to potential apprentices; (B) marketing apprenticeships to secondary school students, counselors, school administrators, or parents; (C) recruiting and evaluating candidates for apprenticeships; (D) conducting outreach to employers to persuade the employers to adopt the apprenticeship model; (E) matching employers with apprentices; and (F) promoting diversity among apprentices by promoting outreach to underrepresented populations (such as women and minorities), youth, individuals with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)), and veterans. (2) Employer engagement.--The workforce intermediary may provide services to engage employers in, and develop curricula for, registered apprenticeship programs, which may include assisting a small or medium-sized employer with-- (A) designing a curriculum for a registered apprenticeship program that blends occupation-specific skills and general industry skills; (B) designing a comprehensive training plan for apprentices; (C) navigating the registration process for the registered apprenticeship program; (D) identifying skills, both technical and behavioral, needed to perform the occupation in question; (E) providing training to managers and front-line employees to serve as trainers or mentors to apprentices in the registered apprenticeship program; (F) paying for the cost of off-site training provided to apprentices; (G) coordinating activities between training instructors and worksite supervisors of apprentices; (H) conducting or arranging for off-the-job training related to the apprenticeship; (I) convening employers to define skills for the registered apprenticeship program; and (J) developing occupational standards that are nationally recognized and portable to help guide employers and sponsors in establishing new registered apprenticeship programs. (3) Support services for apprentices.--The workforce intermediary may provide support services for apprentices to assure their success in, and after, registered apprenticeship programs, which may include-- (A) providing guidance to, mentorship to, and oversight of apprentices during the program, to ensure retention and completion; (B) providing services to address challenges that surface for apprentices during the apprenticeship; (C) providing professional development training needed for apprentices to succeed in a full-time job after the apprenticeship; (D) providing post-apprenticeship job counseling and job placement services; (E) coordinating pre-apprenticeship training or off-the-job training related to the occupation involved in the apprenticeship; and (F) arranging for an institution of higher education to provide training courses. (4) Local and national support for registered apprenticeships.--The workforce intermediary may support registered apprenticeship programs locally and nationally, which may include-- (A) developing national guidelines and standards for registered apprenticeships in nontraditional apprenticeship occupations; (B) connecting multi-region efforts for registered apprenticeship programs; (C) documenting best practices in operating a workforce intermediary; and (D) providing the ongoing infrastructure to support apprenticeships in an industry. (c) Emphasis on In-Demand Registered Apprenticeship Programs.--In carrying out activities under a grant under this Act, the workforce intermediary receiving the grant shall place an emphasis on supporting registered apprenticeship programs that lead to skilled jobs and wages in in-demand industry sectors. SEC. 7. PERFORMANCE AND EVALUATION. (a) Performance Progress Reports to the Secretary.-- (1) In general.--The Secretary shall require each workforce intermediary receiving a grant under this Act to submit performance progress reports at such time, in such manner, and containing such information as the Secretary may require. (2) Elements.--Each report described in paragraph (1) shall include, at a minimum-- (A) the goals, plans, and accomplishments of the workforce intermediary; (B) how grant funds have been used; and (C) how the workforce intermediary has furthered the purposes described in section 4(a). (b) Evaluations.-- (1) In general.--The Secretary shall conduct an evaluation of each workforce intermediary that receives a grant under this Act 6 years after the date on which funds for the grant are first disbursed. (2) Contents of evaluation.--The evaluation described in paragraph (1) shall include a critical analysis of the workforce intermediary-- (A) by addressing topics such as-- (i) the goals of the workforce intermediary; (ii) the core competency training offered by the workforce intermediary, without regard as to whether such training was supported by grant funds; (iii) the structure of the wage progression or career ladder for each registered apprenticeship program established or supported by the workforce intermediary; (iv) the major recruitment sources of apprentices for the workforce intermediary; (v) information on how apprentices are selected by the workforce intermediary; (vi) the recruitment challenges that the workforce intermediary faces; (vii) the demographic and educational characteristics of apprentices supported by the workforce intermediary; (viii) the structure of the workforce intermediary, including the number of staff employed by the workforce intermediary; (ix) the factors that contribute to a workforce intermediary's sustainability and replicability; and (x) the number of apprenticeships facilitated by the workforce intermediary and the occupations involved in the apprenticeships; and (B) that evaluates the workforce intermediary using information on-- (i) the levels of performance achieved by the workforce intermediary with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)), for all apprentices who complete a registered apprenticeship program supported by the workforce intermediary; (ii) the completion rates for apprentices in each registered apprenticeship program supported by the workforce intermediary; (iii) job retention of apprentices, based on 1 year after completing the registered apprenticeship program supported by the workforce intermediary; (iv) the income level of jobs obtained by apprentices after completing the apprenticeship program; and (v) the occupations in in-demand industry sectors, and nontraditional apprenticeship occupations, that the workforce intermediary has successfully served through the grant by creating registered apprenticeship programs in those occupations. (3) Scope of evaluation.--In conducting the evaluation under paragraph (1), the Secretary shall, to the fullest extent practicable, limit the evaluation to the efforts of the workforce intermediary supported under this Act, but shall also consider all of the efforts of the workforce intermediary to support registered apprenticeship programs. (4) Report.--By not later than 90 days after the evaluation is completed, the Secretary shall prepare and submit to the workforce intermediary, and make publicly available, a report that will contain-- (A) the results of the evaluation, including the topics and information described in paragraph (2); and (B) recommendations on how to further improve the outcomes of the workforce intermediary. (c) Renewal.--The Secretary shall use the performance progress reports and the results of an evaluation under this section for a project to determine whether to renew a grant for the workforce intermediary for that project. SEC. 8. WORKSHOPS; BEST PRACTICES. The Secretary shall use not more than 5 percent of the funds made available under this Act to-- (1) plan and conduct workshops throughout the United States to instruct interested organizations on how to create workforce intermediaries on a national, State, or local level, and navigate the grant process described in this Act; and (2) disseminate best practices on effective development and implementation of registered apprenticeship programs through workforce intermediaries. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $25,000,000 for each of fiscal years 2022 through 2026. all
H.R. 579 (Introduced in House) - 21st Century Energy Workforce Act	https://www.govinfo.gov/content/pkg/BILLS-117hr579ih/html/BILLS-117hr579ih.htm	DOC 117th CONGRESS 1st Session H. R. 579 To require the Secretary of Energy to establish a pilot competitive grant program for the development of a skilled energy workforce, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Norcross (for himself and Mr. McKinley) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To require the Secretary of Energy to establish a pilot competitive grant program for the development of a skilled energy workforce, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Energy Workforce Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the energy sector is the third-largest industry in the United States; (2) 1,500,000 new skilled workers will be needed in the energy sector over the next 15 years; and (3) a skilled workforce is a critical component of ensuring the growth of the energy sector in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Apprenticeship program.--The term ``apprenticeship program'' means-- (A) an apprenticeship program registered with the Department of Labor as of the date of enactment of this Act that has a completion rate for participants of not less than 60 percent; or (B) an apprenticeship program not registered with the Department of Labor as of the date of enactment of this Act, but that the Secretary determines should be eligible for a grant under section 5. (2) Board.--The term ``Board'' means the National Center of Excellence for the 21st Century Workforce Advisory Board established under section 4(a). (3) Community college.--The term ``community college'' means a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f))). (4) Program.--The term ``program'' means the pilot program established under section 5(a). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (6) Veterans service organization.--The term ``veterans service organization'' means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. NATIONAL CENTER OF EXCELLENCE FOR THE 21ST CENTURY WORKFORCE. (a) In General.--The Secretary shall establish a nationwide advisory board, to be known as the ``National Center of Excellence for the 21st Century Workforce Advisory Board'', to foster strategic vision, guidance, and networks for the energy industry. (b) Representatives.--The members of the Board shall consist of energy sector stakeholders, including-- (1) representatives of relevant industries; (2) experts in labor, economics, and workforce development; (3) representatives of States and units of local government; (4) representatives of elementary and secondary education and postsecondary education; and (5) representatives of labor organizations. (c) Purposes.--The purposes of the Board are-- (1) to support and develop training and science education programs that-- (A) meet the industry and labor needs of the energy sector; and (B) provide opportunities for students to become qualified for placement in traditional and clean energy sector jobs; (2) to align apprenticeship programs and industry certifications to further develop succession planning in the energy sector; (3) to integrate educational standards to develop foundational skills for elementary and secondary education and postsecondary education to create a pipeline between education and career; and (4) to support the replication of existing model energy curricula. SEC. 5. ENERGY WORKFORCE PILOT GRANT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall establish a pilot program to award grants on a competitive basis to eligible entities for job training to obtain an industry-recognized credential. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall be a public or nonprofit organization that-- (1) includes an advisory board of proportional participation, as determined by the Secretary, of relevant organizations, including-- (A) relevant energy industry organizations, including public and private employers; (B) labor organizations; and (C) elementary and secondary education and postsecondary education organizations; (2) demonstrates experience in implementing and operating job training and education programs; (3) demonstrates the ability to recruit and support individuals who plan to work in the energy industry in the successful completion of relevant job training and education programs; and (4) provides students who complete the job training and education program with an industry-recognized credential. (c) Applications.--Eligible entities desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Priority.--In selecting eligible entities to receive grants under this section, the Secretary shall prioritize applicants that-- (1) house the job training and education programs in-- (A) a community college or institution of higher education that includes basic science and math education in the curriculum of the community college, institution of higher education; or (B) an apprenticeship program, and with respect to such apprenticeship programs described in section 3(1)(B), the Secretary shall further prioritize such programs that can demonstrate to the Secretary a completion rate for participants of not less than 60 percent; (2) work with the Secretary of Defense or veterans organizations to transition members of the Armed Forces and veterans to careers in the energy sector; (3) apply as a State or regional consortia to leverage best practices already available in the State or region in which the community college or institution of higher education is located; (4) have a State-supported entity included in the application; (5) include an apprenticeship program as part of the job training and education program; (6) develop a mentorship program for energy professionals and elementary and secondary education students; (7) provide support services and career coaching; (8) provide introductory energy workforce development training; or (9) provide industry-affiliated pre-apprenticeship programs, including intensive skill-building programs and intensive short-term programs. (e) Additional Consideration.--In making grants under this section, the Secretary shall consider regional diversity. (f) Limitation on Applications.--An eligible entity may not submit, either individually or as part of a joint application, more than 1 application for a grant under this section during any 1 fiscal year. (g) Limitations on Amount of Grant.--The amount of a grant for any 1 year shall not exceed $1,000,000. (h) Costs.-- (1) Federal share.--The Federal share of the cost of a job training and education program carried out using a grant under this section shall be not greater than 65 percent. (2) Non-federal share.-- (A) In general.--The non-Federal share of the cost of a job training and education program carried out using a grant under this section shall consist of not less than 50 percent cash. (B) Limitation.--Not greater than 50 percent of the non-Federal contribution of the total cost of a job training and education program carried out using a grant under this section shall be in the form of in- kind contributions of goods or services fairly valued. (i) Reduction of Duplication.--Prior to submitting an application for a grant under this section, each applicant shall consult with the applicable agencies of the Federal Government and coordinate the proposed activities of the applicant with existing State and local programs. (j) Technical Assistance.--The Secretary shall provide technical assistance and capacity building to national and State energy partnerships, including the entities described in subsection (b)(1), to leverage the existing job training and education programs of the Department of Energy. (k) Report.--The Secretary shall submit to Congress and make publicly available on the website of the Department of Energy an annual report on the program established under this section, including a description of-- (1) the entities receiving grants; (2) the activities carried out using the grants; (3) best practices used to leverage the investment of the Federal Government; (4) the rate of employment for participants after completing a job training and education program carried out using a grant; and (5) an assessment of the results achieved by the program. (l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2021 through 2025. all
H.R. 57 (Introduced in House) - No Free Rent for Freeloaders Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr57ih/html/BILLS-117hr57ih.htm	DOC 117th CONGRESS 1st Session H. R. 57 To establish a penalty for the Department of Housing and Urban Development for failure to enforce compliance with the public housing community service and self-sufficiency requirement under law, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a penalty for the Department of Housing and Urban Development for failure to enforce compliance with the public housing community service and self-sufficiency requirement under law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Free Rent for Freeloaders Act of 2021''. SEC. 2. MONITORING COMPLIANCE. (a) In General.--The Inspector General of the Department of Housing and Urban Development shall, on an annual basis and for each public housing agency (as such term is defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)))-- (1) monitor the extent of noncompliance with the requirements under section 12(c) of such Act (42 U.S.C. 1437j(c)); and (2) determine the aggregate amount provided in Federal subsidies for all public housing dwelling units that were occupied by tenants who were not in compliance with such requirements. (b) Publication.--Not later than September 30 of each fiscal year, the Inspector General of the Department of Housing and Urban Development shall cause to be published in the Federal Register a statement of the amount determined for such fiscal year pursuant to subsection (a)(2). SEC. 3. RESCISSION OF AMOUNTS FROM HUD MANAGEMENT AND ADMINISTRATION ACCOUNT. (a) In General.--In each fiscal year, on October 15 or the date specified in subsection (b), whichever occurs later, there is rescinded, from amounts made available for such fiscal year for the Management and Administration account of the Department of Housing and Urban Development, an amount equal to the amount published pursuant to section 2(b) for the preceding fiscal year. (b) Late Appropriations.--In the case of any fiscal year for which a general appropriation Act for the Department of Housing and Urban Development that provides funds for the Management and Administration account of such Department has not been enacted before October 15, the date specified in this subsection shall be the date of the enactment of such a general appropriation Act. all
H.R. 580 (Introduced in House) - Pre-Apprenticeships To Hardhats Act	https://www.govinfo.gov/content/pkg/BILLS-117hr580ih/html/BILLS-117hr580ih.htm	DOC 117th CONGRESS 1st Session H. R. 580 To direct the Secretary of Labor to support the development of pre- apprenticeship programs in the building and construction trades that serve underrepresented populations, including individuals from low income and rural census tracts. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Norcross (for himself, Mr. McKinley, Mr. Lowenthal, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to support the development of pre- apprenticeship programs in the building and construction trades that serve underrepresented populations, including individuals from low income and rural census tracts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-Apprenticeships To Hardhats Act'' or the ``PATH Act''. SEC. 2. SUPPORTING THE DEVELOPMENT OF PRE-APPRENTICESHIP PROGRAMS. (a) Support.--The Secretary of Labor shall support the development of pre-apprenticeship programs. (b) Grants.-- (1) In general.--Using funds available under subsection (h), the Secretary shall make grants on a competitive basis to eligible entities to provide the Federal share of the cost of carrying out projects that support that development. (2) Period.--The Secretary shall make initial grants under this Act for periods of not more than 3 years, except that if an eligible entity demonstrates satisfactory performance under subsection (f) by the end of that third year, the Secretary may extend the grant period up to an additional 1 year for that entity. (3) Eligible entity.--To be eligible to receive a grant from the Secretary under this Act, an entity shall be a nonprofit partnership that-- (A) includes the equal participation of industry, including public or private employers, and labor organizations, including joint labor or management training programs, and may include State and local workforce development boards, community-based organizations, educational institutions (such as postsecondary educational institutions, local educational agencies, State educational agencies, high schools, and area career and technical schools), small businesses, cooperatives, State and local veterans agencies, and veterans service organizations; and (B) demonstrates-- (i) experience in implementing and operating worker skills training and education programs; (ii) the ability to identify and involve in training programs carried out under this grant, target populations of individuals who would benefit from training and be actively involved in activities related to all building and construction trade crafts; and (iii) the ability to help individuals achieve economic self-sufficiency. (4) Priority.--The Secretary shall give priority to eligible entities that leverage additional public and private resources to fund programs under this Act, including cash or in-kind matches from participating employers. (c) Applications.--To be eligible to receive a grant from the Secretary under this Act, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the training and curriculum described in subsection (g)(7)(C), and how the proposed pre- apprenticeship program makes individuals who successfully complete the pre-apprenticeship program qualified to enter into an established registered apprenticeship program; (2) evidence that there are or will be sufficient openings available in the registered apprenticeship program referenced in paragraph (1) to enable the registered apprenticeship program sponsor to place into a corresponding registered apprenticeship those individuals who successfully complete the pre-apprenticeship program; (3) information about the entity that demonstrates the existence of an active, advisory partnership between the partners described in subsection (b)(3) and the capacity, of a training and education provider in the entity, to provide the training and education services necessary for a pre- apprenticeship program; and (4) information about the proposed pre-apprenticeship program that demonstrates-- (A) that the program is in an in-demand industry or occupation in the region in which the project is located; (B) the inclusion of career exploration focused activities, such as career information activities, and resume preparation, in the program; (C) if the entity carrying out the project includes a high school, that the model to be used for the program leads to a high school diploma for participants without such a diploma; (D) how the pre-apprenticeship program is aligned with and leverages resources of career and technical education programs, programs and services authorized under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), or activities of entities that provide supportive services for participants in pre- apprenticeship programs; and (E) that the project aligns with an established registered apprenticeship program, including that the model used for the program leads to the attainment of skills and competencies necessary for entrance into the registered apprenticeship program for participants. (d) Use of Funds.-- (1) In general.--An eligible entity that receives a grant under this Act shall use the grant funds to carry out a project that implements a pre-apprenticeship program. (2) Required activities.--The eligible entity shall use the grant funds-- (A) to pay for the cost of training or education associated with a pre-apprenticeship program for individuals from an underrepresented population; (B) for curriculum development that align with the requirements of the appropriate registered apprenticeship programs and learning assessments; (C) to maintain a connection between the pre- apprenticeship program and registered apprenticeship program; (D) for assessments of potential participants for, and enrollment of the participants in, the pre- apprenticeship program; and (E) to conduct evaluations described in subsection (f)(2). (3) Allowable activities.--The eligible entity may use the grant funds for-- (A) stipends for participants during work-based training in the program; (B) coordination of activities under this subsection with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) or the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and (C) drug testing of potential participants. (e) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be 75 percent. (2) Non-federal share.--The eligible entity may contribute the non-Federal share of the cost in cash or in-kind, fairly evaluated, including plant, equipment, or services. (f) Performance.-- (1) Measures.--The Secretary shall identify a set of common measures that, at a minimum, include measures of entry into a registered apprenticeship program and that are aligned with performance accountability measures described in section 116(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(c)) for the local workforce development area and with corresponding measures under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), as appropriate. (2) Evaluations.--Each eligible entity that receives a grant to carry out a project under this subsection shall arrange for another qualified entity to conduct an evaluation, or shall participate in a Department of Labor sponsored evaluation, of the project using the identified common measures, and shall, to the extent practicable, cooperate with the evaluator in any evaluations of activities carried out under this section. (3) Extensions.--The Secretary shall use the results of an evaluation for a project to determine whether to extend the grant period, or renew a grant, for the project under subsection (b)(2). (g) Definitions.--In this Act: (1) Area career and technical school.--The term ``area career and technical school'' has the meaning given the term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (2) High school.--The term ``high school'' means a nonprofit institutional day or residential school that-- (A) provides secondary education, as determined under State law; (B) grants a diploma, as defined by the State; and (C) includes, at least, grade 12. (3) In-demand industry sector or occupation.--The term ``in-demand industry sector or occupation'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (4) Local educational agency; state educational agency.-- The terms ``local educational agency'' and ``State educational agency'' have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Local and state workforce development boards.--The terms ``local workforce development board'' and ``State workforce development board'' have the meanings given the terms ``local board'' and ``State board'', respectively, in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (6) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Pre-apprenticeship program.--The term ``pre- apprenticeship program'' means a program or set of strategies that-- (A) is designed to prepare individuals to enter and succeed in a registered apprenticeship program in the building and construction trades; (B) is carried out by an eligible entity that has a documented partnership with at least 1 sponsor of a registered apprenticeship program; and (C) includes training (including a curriculum for the training), aligned with industry standards and reviewed and approved annually by sponsors of the registered apprenticeships within the documented partnership, that will prepare individuals by teaching the skills and competencies needed to enter one or more registered apprenticeship programs. (8) Registered apprenticeship program.--The term ``registered apprenticeship program'' means a program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (9) Secretary.--The term ``Secretary'' means the Secretary of Labor. (10) Sponsor.--The term ``sponsor'' means an employer, joint labor-management partnership, trade association, professional association, labor organization, or other entity that administers a registered apprenticeship program. (11) State.--The term ``State'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (12) Underrepresented population.--The term ``underrepresented population'' means an individual who-- (A) is a member of a racial minority, a woman, a military veteran, or a person who is long-term unemployed; or (B) comes from a geographic area consisting of a single census tract or a group of census tracts, each of which meets the criteria for a low-income community, as defined in section 45D(e) of the Internal Revenue Code of 1986. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2022 and each subsequent fiscal year. all
H.R. 581 (Introduced in House) - Ensuring Accurate and Complete Abortion Data Reporting Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr581ih/html/BILLS-117hr581ih.htm	DOC 117th CONGRESS 1st Session H. R. 581 To amend title XIX of the Social Security Act and Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Norman (for himself, Mr. Palmer, Mr. Aderholt, Mr. Lamborn, Mr. Rogers of Alabama, Mrs. Wagner, Mr. Mooney, Mr. Budd, Mr. Estes, Mr. Murphy of North Carolina, Mr. Banks, Mr. Rutherford, Mr. LaMalfa, Mr. Allen, Mr. Babin, Mr. Gibbs, Mr. Westerman, Mr. Palazzo, Mrs. Harshbarger, Mr. Sessions, Mr. Timmons, Mr. Duncan, Mr. Davidson, Mr. Smucker, Mr. Grothman, Mr. Wenstrup, Mr. Wilson of South Carolina, Mr. Latta, Mr. Jordan, Mr. Hice of Georgia, Mr. Carl, Mrs. Lesko, Mr. Luetkemeyer, Mr. Moore of Alabama, Mr. Biggs, Mr. Bacon, Mr. Rose, Mr. Good of Virginia, Mr. Harris, Mrs. Rodgers of Washington, Mr. Waltz, Mr. Cloud, Mr. Gaetz, Mrs. Boebert, Mr. Weber of Texas, Mr. Rosendale, Ms. Herrell, Mr. Rice of South Carolina, Mr. Jackson, Mr. Bishop of North Carolina, Mr. Huizenga, Mr. Long, Mr. C. Scott Franklin of Florida, Mr. Kelly of Pennsylvania, Mr. Johnson of Louisiana, Mr. Brooks, and Mr. Womack) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XIX of the Social Security Act and Public Health Service Act to improve the reporting of abortion data to the Centers for Disease Control and Prevention, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Accurate and Complete Abortion Data Reporting Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Reporting abortion data has been voluntary in the past, which has not resulted in complete data being submitted to the Centers for Disease Control and Prevention. (2) While the Centers for Disease Control and Prevention requests specific data points from each State and the District of Columbia, there is a great variety in the information collected and published by the States. (3) In fact, there is not a single abortion data point publicly reported for all fifty States and the District of Columbia. (4) Even more alarming, three States that together account for 15 percent of the United States population of women of childbearing age do not report any abortion data to the Centers for Disease Control and Prevention. (5) Accurate statistical data regarding abortion and those who survive abortion attempts is critical to public health and policy analysis. SEC. 3. MEDICAID PAYMENTS FOR CERTAIN FAMILY PLANNING SERVICES AND SUPPLIES CONTINGENT ON SUBMISSION OF ABORTION DATA TO CDC. Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in subsection (a)(5), by inserting before ``an amount equal to'' the following: ``subject to subsection (bb),''; and (2) by adding at the end the following new subsection: ``(bb) Annual Reports on Abortion Data.-- ``(1) In general.--Subject to paragraph (2), as a condition of receiving payment under subsection (a)(5) with respect to any amount expended during a year (beginning with the year following two years after the date of the enactment of this subsection) for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in section 1902(ii) or an individual whose medical assistance under this title is limited to such services and supplies furnished pursuant to a waiver granted under section 1115, each State shall, by not later than December 31 of the previous year, submit to the abortion surveillance system of the Centers for Disease Control and Prevention, with respect to the year before the previous year, at least abortion data regarding the mandatory questions described in section 317U(a)(3)(A) of the Public Health Service Act. ``(2) Late submission of reports.--With respect to a year, in the case of a State that does not submit by December 31 of the previous year the abortion data required under paragraph (1) with respect to the year before the previous year but submits such data by December 31 of the year, such State shall continue to receive payment, including retroactive payment, under subsection (a)(5) with respect to any amount expended during the year for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in such paragraph. ``(3) Certification of abortion data.-- ``(A) In general.--With respect to each submission of abortion data under this subsection, a State shall certify to the Director of the Centers for Disease Control and Prevention that such data is accurate. ``(B) False information.--In the case that the Director of the Centers for Disease Control and Prevention determines that a State has knowingly provided false information with respect to a submission of abortion data under this subsection, such State may not receive payment under subsection (a)(5) with respect to any amount expended during the first full fiscal year following such determination for family planning services and supplies described in section 1905(a)(4)(C) furnished to an individual described in paragraph (1).''. SEC. 4. COLLECTION OF ABORTION DATA BY CDC. The Public Health Service Act is amended by inserting after section 317T of such Act (42 U.S.C. 247b-22) the following: ``SEC. 317U. ABORTION DATA. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the `Secretary')-- ``(1) shall maintain a surveillance system to collect aggregate data in a standardized format on abortions in the United States; ``(2) shall, as part of such system, create a standard worksheet to collect data from States on abortions in the respective States; ``(3) in such worksheet-- ``(A) shall, at a minimum, include questions on the variables listed in subsection (b), to be treated as mandatory questions for purposes of section 1903(bb) of the Social Security Act; and ``(B) may include such additional questions on abortion as the Secretary determines to be appropriate, to be treated as voluntary questions; ``(4) shall, as part of such system, allow for cross- tabulation of the variables listed in subsection (b), including cross-tabulation of maternal age by gestational age; race and ethnicity by gestational age; type of abortion procedure by gestational age; race and ethnicity by maternal age; and race and ethnicity by marital status; and ``(5) periodically update the questions in the worksheet under paragraph (2) and the classification of such questions as mandatory or voluntary under paragraph (3). ``(b) Variables.--The variables listed in this subsection are the following: ``(1) Maternal age in years. ``(2) Gestational age in completed weeks at the time of abortion. ``(3) Maternal race. ``(4) Maternal ethnicity. ``(5) Maternal race by ethnicity. ``(6) The abortion method type. ``(7) Maternal marital status. ``(8) Previous pregnancies of the mother, including the number of previous live births, the number of previous induced abortions, and the number of previous spontaneous abortions. ``(9) Maternal residence (State or county). ``(10) Whether the child survived the abortion. ``(c) Technical Assistance.--The Secretary shall provide technical assistance to States to facilitate and improve the reporting of data to the system under subsection (a). ``(d) Annual Reporting.--The Secretary shall-- ``(1) include, for each calendar year, the data collected pursuant to this section in a report on abortion; and ``(2) publish such report not later than December 30 of the third calendar year following the calendar year covered by the report. ``(e) Definitions.--In this section, the term `State' refers to the several States, the District of Columbia, and any territory of the United States.''. all
"H.R. 582 (Introduced in House)- To authorize the use of the rotunda of the Capitol for a memorial 
service in honor of United States Capitol Police Officer Brian Sicknick 
for his courage and sacrifice at the United States Capitol on January 6,2021, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr582ih/html/BILLS-117hr582ih.htm	DOC 117th CONGRESS 1st Session H. R. 582 To authorize the use of the rotunda of the Capitol for a memorial service in honor of United States Capitol Police Officer Brian Sicknick for his courage and sacrifice at the United States Capitol on January 6, 2021, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Norman introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To authorize the use of the rotunda of the Capitol for a memorial service in honor of United States Capitol Police Officer Brian Sicknick for his courage and sacrifice at the United States Capitol on January 6, 2021, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZING USE OF ROTUNDA OF THE CAPITOL FOR MEMORIAL SERVICE FOR OFFICER BRIAN SICKNICK. To the extent that security conditions permit (as determined by the United States Capitol Police Board), the rotunda of the Capitol is authorized to be used for a memorial service and proceedings related thereto, including lying in honor in the rotunda, for Officer Brian Sicknick of the United States Capitol Police on Wednesday, February 3, 2021, at 10:00 a.m. under the direction of the United States Capitol Police Board. SEC. 2. PLACEMENT OF PLAQUE IN CAPITOL IN MEMORY OF OFFICER BRIAN SICKNICK. The Architect of the Capitol shall place a plaque in honor of the memory of Officer Brian Sicknick of the United States Capitol Police at an appropriate site in the United States Capitol near the Capitol steps, with the approval of the Speaker of the House of Representatives and the President pro tempore of the Senate. SEC. 3. PAYMENT OF FUNERAL EXPENSES FOR OFFICER BRIAN SICKNICK. (a) Funeral Expenses.-- (1) Authorization of payment.--The Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate are authorized and directed to make such arrangements as may be necessary for funeral services in the Capitol Complex for Officer Brian Sicknick of the United States Capitol Police, including payments for travel expenses of immediate family members, subject to the approval of the heirs of Officer Sicknick. (2) Source and manner of payments.--Payments under this subsection shall be made using vouchers in a manner directed jointly by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and shall be derived in equal portions from the applicable accounts of the House of Representatives and the contingent fund of the Senate. (b) Attendance of Members of Congress.-- (1) Members of the house of representatives.--The Sergeant at Arms of the House of Representatives shall make arrangements for the attendance of Members of the House of Representatives (including Delegates and the Resident Commissioner to the Congress) at the funeral services held under this section, including payments for expenses incurred by Members in attending such services. Such payments shall be made from the applicable accounts of the House of Representatives, using vouchers approved in a manner directed by the Committee on House Administration of the House of Representatives. (2) Senators.--The Sergeant at Arms and Doorkeeper of the Senate shall make arrangements for the attendance of Senators at the funeral services held under this section, including payments for expenses incurred by Senators in attending such services. Such payments shall be made from the contingent fund of the Senate, using vouchers approved in a manner directed by the Committee on Rules and Administration of the Senate. SEC. 4. UNITED STATES CAPITOL POLICE MEMORIAL FUND. The second sentence of section 1 of Public Law 105-223 (2 U.S.C. 1951) is amended by inserting after ``2017,'' the following: ``and amounts received in response to the attack on the United States Capitol on January 6, 2021,''. all
H.R. 583 (Introduced in House) - Green Bus Tax Credit Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr583ih/html/BILLS-117hr583ih.htm	DOC 117th CONGRESS 1st Session H. R. 583 To amend the Internal Revenue Code of 1986 to provide for a credit for zero-emission buses. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Panetta (for himself, Mr. Kildee, Mr. Beyer, Mr. Blumenauer, Ms. Brownley, and Mr. Suozzi) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide for a credit for zero-emission buses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Bus Tax Credit Act of 2021''. SEC. 2. CREDIT FOR ZERO-EMISSION BUSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. ZERO-EMISSION BUS CREDIT. ``(a) Allowance of Credit.--For purposes of section 38, in the case of a manufacturer of a zero-emission bus, the zero-emission bus credit determined under this section for a taxable year is an amount equal to 10 percent of the sum of the sale price of each zero-emission bus sold by such taxpayer during such taxable year. ``(b) Limitation.--The sale price of a zero-emission bus may not be taken into account under subsection (a) to the extent such price exceeds $1,000,000. ``(c) Zero-Emission Bus.--For purposes of this section-- ``(1) In general.--The term `zero-emission bus' means a motor vehicle which-- ``(A) has a gross vehicle weight rating of not less than 14,000 pounds, ``(B) is not powered or charged by an internal combustion engine, ``(C) is propelled solely by an electric motor which draws electricity from a battery or fuel cell, and ``(D) is designed to carry 15 or more passengers. ``(2) Motor vehicle; manufacturer.--The term `motor vehicle' and `manufacturer' have the meaning given such terms in paragraphs (2) and (3) of section 30D(d), respectively. ``(d) Special Rules.-- ``(1) Sale price.--For purposes of this section, the sale price of a zero-emission bus shall be reduced by any rebate or other incentive given before, on, or after the date of the sale. ``(2) Domestic use.--No credit shall be allowed under subsection (a) with respect to a zero-emission bus to a manufacturer who knows or has reason to know that such vehicle will not be used primarily in the United States or a possession of the United States. ``(3) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. ``(e) Termination.--This section shall not apply to sales after December 31, 2026.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the zero-emission bus credit determined under section 45U.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45U. Zero-emission bus credit.''. (d) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. all
H.R. 584 (Introduced in House) - Emergency Care for Veterans During COVID Act	https://www.govinfo.gov/content/pkg/BILLS-117hr584ih/html/BILLS-117hr584ih.htm	DOC 117th CONGRESS 1st Session H. R. 584 To ensure that veterans receive timely and effective emergency treatment during the COVID-19 emergency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Pappas (for himself, Mr. Panetta, and Ms. Kuster) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To ensure that veterans receive timely and effective emergency treatment during the COVID-19 emergency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Care for Veterans During COVID Act''. SEC. 2. EMERGENCY TREATMENT FOR VETERANS DURING COVID-19 EMERGENCY PERIOD. (a) Emergency Treatment.--Notwithstanding section 1725 or 1728 of title 38, United States Code, or any other provision of law administered by the Secretary of Veterans Affairs pertaining to furnishing emergency treatment to veterans at non-Department facilities, during the period of a covered public health emergency, the Secretary of Veterans Affairs shall furnish to an eligible veteran emergency treatment at a non-Department facility in accordance with this section. (b) Authorization Not Required.--The Secretary may not require an eligible veteran to seek authorization by the Secretary for emergency treatment furnished to the veteran pursuant to subsection (a). (c) Payment Rates.-- (1) Determination.--The rate paid for emergency treatment furnished to eligible veterans pursuant to subsection (a) shall be equal to the rate paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program under title XI or title XVIII of the Social Security Act (42 U.S.C. 1301 et seq.), including section 1834 of such Act (42 U.S.C. 1395m), for the same treatment. (2) Finality.--A payment in the amount payable under paragraph (1) for emergency treatment furnished to an eligible veteran pursuant to subsection (a) shall be considered payment in full and shall extinguish the veteran's liability to the provider of such treatment, unless the provider rejects the payment and refunds to the United States such amount by not later than 30 days after receiving the payment. (d) Claims Processed by Third-Party Administrators.-- (1) Requirement.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to award a contract to one or more entities, or to modify an existing contract, to process claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (2) Prompt payment standard.--Section 1703D of title 38, United States Code, shall apply with respect to claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a). (e) Primary Payer.--The Secretary shall be the primary payer with respect to emergency treatment furnished to eligible veterans pursuant to subsection (a), and with respect to the transportation of a veteran by ambulance. In any case in which an eligible veteran is furnished such emergency treatment for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, the Secretary shall recover or collect reasonable charges for such treatment from a health plan contract described in such section 1729 in accordance with such section. (f) Application.--This section shall apply to emergency treatment furnished to eligible veterans during the period of a covered public health emergency, regardless of whether the treatment was furnished before the date of the enactment of this Act. (g) Definitions.--In this section: (1) The term ``covered public health emergency'' means the declaration-- (A) of a public health emergency, based on an outbreak of COVID-19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or (B) of a domestic emergency, based on an outbreak of COVID-19 by the President, the Secretary of Homeland Security, or a State or local authority. (2) The term ``eligible veteran'' means a veteran enrolled in the health care system established under section 1705 of title 38, United States Code. (3) The term ``emergency treatment'' means medical care or services rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health. (4) The term ``non-Department facility'' has the meaning given that term in section 1701 of title 38, United States Code. all
H.R. 585 (Introduced in House) - Apprenticeship Program National Scorecard Act	https://www.govinfo.gov/content/pkg/BILLS-117hr585ih/html/BILLS-117hr585ih.htm	DOC 117th CONGRESS 1st Session H. R. 585 To direct the Secretary of Labor to provide for data collection and dissemination of information regarding programs under the national apprenticeship system, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Pappas introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to provide for data collection and dissemination of information regarding programs under the national apprenticeship system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship Program National Scorecard Act''. SEC. 2. INFORMATION COLLECTION AND DISSEMINATION. The Secretary of Labor shall provide for data collection and dissemination of information regarding programs under the national apprenticeship system, including-- (1) not later than 1 year after the date of the enactment of this Act, establishing and supporting a single information technology infrastructure to support data collection and reporting from State Apprenticeship Agencies, State Offices of Apprenticeship, grantees, program sponsors, and program administrators under the national apprenticeship system by providing for a data infrastructure that-- (A) is developed and maintained by the Secretary, with input from national data and privacy experts, is informed by best practices on public provision of credential information, and to the extent practicable, aligns with the technology infrastructure for related Federal programs, such as the technology infrastructure used under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); (B) best meets the needs of the national apprenticeship system stakeholders reporting data to the Secretary or State Apprenticeship Agencies, including through the provision of technical assistance and financial assistance as necessary to ensure reporting systems are equipped to report into a single information technology infrastructure; and (C) is aligned with data from the performance data as required by the Secretary; and (2) providing for data sharing that includes making nonpersonally identifiable apprenticeship data available on a publicly accessible website that is searchable and comparable, through the use of common, linked, open-data description language, such as the credential transparency description language or a substantially similar resource, so that interested parties can become aware of apprenticeship opportunities and of program outcomes that best meets the needs of youth apprentices, pre-apprentices, and apprentices, employers, education and training providers, program sponsors, and relevant stakeholders, including-- (A) information on program offerings under the national apprenticeship system based on geographical location and apprenticeable occupation; (B) information on education and training providers providing opportunities under such system, including whether programs under such system offer dual or concurrent enrollment programs, articulation agreements, and recognized postsecondary credentials as part of the program offerings; (C) information about the educational and occupational credentials and related competencies of programs under such system; and (D) information based on the most recent data available to the Secretary that is consistent with national standards and practices. SEC. 3. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' or ``apprenticeship program'' means an apprenticeship-- (A) registered with the Department of Labor under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), or State Apprenticeship Agency recognized by the Department of Labor; and (B) that complies with the requirements of subpart A of part 29, and part 30 of title 29, Code of Federal Regulations (as in effect on September 18, 2020). (2) National apprenticeship system.--The term ``national apprenticeship system'' means the apprenticeship programs, youth apprenticeship programs, and pre-apprenticeship programs registered under the Act of August 16, 1937 (commonly referred to as the National Apprenticeship Act). (3) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102), except that such term does not include a certificate of completion of an apprenticeship. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 4. FUNDING. Any funds appropriated under this Act shall only be used for, or provided to, programs under the national apprenticeship system, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of programs under the national apprenticeship system. all
H.R. 586 (Engrossed in House) - Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr586eh/html/BILLS-117hr586eh.htm	DOC 117th CONGRESS 1st Session H. R. 586 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021'' or the ``STANDUP Act of 2021''. SEC. 2. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. (a) In General.--Title V of the Public Health Service Act is amended by inserting after section 520A of such Act (42 U.S.C. 290bb- 32) the following: ``SEC. 520B. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING POLICIES. ``(a) In General.--As a condition on receipt of funds under section 520A, each State educational agency, local educational agency, and Tribal educational agency that receives such funds, directly or through a State or Indian Tribe, for activities to be performed within secondary schools, including the Project AWARE State Education Agency Grant Program, shall-- ``(1) establish and implement a school-based student suicide awareness and prevention training policy; ``(2) consult with stakeholders (including principals, teachers, parents, local Tribal officials, and other school leaders) in the development of the policy under subsection (a)(1); and ``(3) collect and report information in accordance with subsection (c). ``(b) School-Based Student Suicide Awareness and Prevention Training Policy.--A school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)-- ``(1) shall be evidence-based; ``(2) shall be culturally and linguistically appropriate; ``(3) shall provide evidence-based training to students in grades 6 through 12, in coordination with school-based mental health service providers as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965, if applicable, regarding-- ``(A) suicide education and awareness, including warning signs of self-harm or suicidal ideation; ``(B) methods that students can use to seek help for themselves and others; and ``(C) student resources for suicide awareness and prevention; ``(4) shall provide for retraining of such students every school year; ``(5) may last for such period as the State educational agency, local educational agency, or Tribal educational agency involved determines to be appropriate; ``(6) may be implemented through any delivery method, including in-person trainings, digital trainings, or train-the- trainer models; and ``(7) may include discussion of comorbidities or risk factors for suicidal ideation or self-harm, including substance misuse, sexual or physical abuse, mental illness, or other evidence-based comorbidities and risk factors. ``(c) Collection of Information and Reporting.--Each State educational agency, local educational agency, and Tribal educational agency that receives funds under section 520A shall, with respect to each school served by the agency, collect and report to the Secretary the following information: ``(1) The number of student trainings conducted. ``(2) The number of students trained, disaggregated by age and grade level. ``(3) The number of help-seeking reports made by students after implementation of such policy. ``(d) Evidence-Based Program Listing.--The Secretary of Health and Human Services shall coordinate with the Secretary of Education to make publicly available the policies established by State educational agencies, local educational agencies, and Tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, including identification of whether such training is available to trainees at no cost. ``(e) Implementation Timeline.--A State educational agency, local educational agency, or Tribal educational agency shall establish and begin implementation of the policies required by subsection (a)(1) not later than the beginning of the third fiscal year following the date of enactment of this section for which the agency receives funds under section 520A. ``(f) Definitions.--In this section and section 520B-1: ``(1) The term `evidence-based' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) The term `local educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(3) The term `State educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(4) The term `Tribal educational agency' has the meaning given to the term `tribal educational agency' in section 6132 of the Elementary and Secondary Education Act of 1965. ``SEC. 520B-1. BEST PRACTICES FOR STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ``The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Bureau of Indian Education, shall-- ``(1) publish best practices for school-based student suicide awareness and prevention training, pursuant to section 520B, that are based on-- ``(A) evidence-based practices; and ``(B) input from relevant Federal agencies, national organizations, Indian Tribes and Tribal organizations, and related stakeholders; ``(2) publish guidance, based on the best practices under paragraph (1), to provide State educational agencies, local educational agencies, and Tribal educational agencies with information on student suicide awareness and prevention best practices; ``(3) disseminate such best practices to State educational agencies, local educational agencies, and Tribal educational agencies; and ``(4) provide technical assistance to State educational agencies, local educational agencies, and Tribal educational agencies.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall only apply with respect to applications for assistance under section 520A of the Public Health Service Act (42 U.S.C. 290bb-32) that are submitted after the date of enactment of this Act. Passed the House of Representatives May 12, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 586 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy.
H.R. 586 (Introduced in House) - Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr586ih/html/BILLS-117hr586ih.htm	DOC 117th CONGRESS 1st Session H. R. 586 To amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Peters (for himself, Mr. Bilirakis, Mr. Deutch, Mr. Fitzpatrick, Mrs. Demings, Mr. Neguse, Ms. Blunt Rochester, Mr. Upton, Mr. Katko, Mr. Van Drew, Mr. Tonko, Ms. Brownley, Mrs. Hayes, Mr. Himes, and Mr. Ryan) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021'' or the ``STANDUP Act of 2021''. SEC. 2. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. (a) In General.--Title V of the Public Health Service Act is amended by inserting after section 520A of such Act (42 U.S.C. 290bb- 32) the following: ``SEC. 520B. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING POLICIES. ``(a) In General.--As a condition on receipt of funds under section 520A, each State educational agency, local educational agency, and Tribal educational agency that receives such funds, directly or through a State or Indian Tribe, for activities to be performed within secondary schools, including the Project AWARE State Education Agency Grant Program, shall-- ``(1) establish and implement a school-based student suicide awareness and prevention training policy; ``(2) consult with stakeholders (including principals, teachers, parents, local Tribal officials, and other school leaders) in the development of the policy under subsection (a)(1); and ``(3) collect and report information in accordance with subsection (c). ``(b) School-Based Student Suicide Awareness and Prevention Training Policy.--A school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)-- ``(1) shall be evidence-based; ``(2) shall be culturally and linguistically appropriate; ``(3) shall provide evidence-based training to students in grades 6 through 12, in coordination with school-based mental health service providers as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965, if applicable, regarding-- ``(A) suicide education and awareness, including warning signs of self-harm or suicidal ideation; ``(B) methods that students can use to seek help for themselves and others; and ``(C) student resources for suicide awareness and prevention; ``(4) shall provide for retraining of such students every school year; ``(5) may last for such period as the State educational agency, local educational agency, or Tribal educational agency involved determines to be appropriate; ``(6) may be implemented through any delivery method, including in-person trainings, digital trainings, or train-the- trainer models; and ``(7) may include discussion of comorbidities or risk factors for suicidal ideation or self-harm, including substance misuse, sexual or physical abuse, mental illness, or other evidence-based comorbidities and risk factors. ``(c) Collection of Information and Reporting.--Each State educational agency, local educational agency, and Tribal educational agency that receives funds under section 520A shall, with respect to each school served by the agency, collect and report to the Secretary the following information: ``(1) The number of student trainings conducted. ``(2) The number of students trained, disaggregated by age and grade level. ``(3) The number of help-seeking reports made by students after implementation of such policy. ``(d) Evidence-Based Program Listing.--The Secretary of Health and Human Services shall coordinate with the Secretary of Education to make publicly available the policies established by State educational agencies, local educational agencies, and Tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, including identification of whether such training is available to trainees at no cost. ``(e) Implementation Timeline.--A State educational agency, local educational agency, or Tribal educational agency shall establish and begin implementation of the policies required by subsection (a)(1) not later than the beginning of the third fiscal year following the date of enactment of this section for which the agency receives funds under section 520A. ``(f) Definitions.--In this section and section 520B-1: ``(1) The term `evidence-based' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) The term `local educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(3) The term `State educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(4) The term `Tribal educational agency' has the meaning given to the term `tribal educational agency' in section 6132 of the Elementary and Secondary Education Act of 1965. ``SEC. 520B-1. BEST PRACTICES FOR STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ``The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Bureau of Indian Education, shall-- ``(1) publish best practices for school-based student suicide awareness and prevention training, pursuant to section 520B, that are based on-- ``(A) evidence-based practices; and ``(B) input from relevant Federal agencies, national organizations, Indian Tribes and Tribal organizations, and related stakeholders; ``(2) publish guidance, based on the best practices under paragraph (1), to provide State educational agencies, local educational agencies, and Tribal educational agencies with information on student suicide awareness and prevention best practices; ``(3) disseminate such best practices to State educational agencies, local educational agencies, and Tribal educational agencies; and ``(4) provide technical assistance to State educational agencies, local educational agencies, and Tribal educational agencies.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall only apply with respect to applications for assistance under section 520A of the Public Health Service Act (42 U.S.C. 290bb-32) that are submitted after the date of enactment of this Act. all
H.R. 586 (Referred in Senate) - Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr586rfs/html/BILLS-117hr586rfs.htm	DOC 117th CONGRESS 1st Session H. R. 586 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021'' or the ``STANDUP Act of 2021''. SEC. 2. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. (a) In General.--Title V of the Public Health Service Act is amended by inserting after section 520A of such Act (42 U.S.C. 290bb- 32) the following: ``SEC. 520B. STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING POLICIES. ``(a) In General.--As a condition on receipt of funds under section 520A, each State educational agency, local educational agency, and Tribal educational agency that receives such funds, directly or through a State or Indian Tribe, for activities to be performed within secondary schools, including the Project AWARE State Education Agency Grant Program, shall-- ``(1) establish and implement a school-based student suicide awareness and prevention training policy; ``(2) consult with stakeholders (including principals, teachers, parents, local Tribal officials, and other school leaders) in the development of the policy under subsection (a)(1); and ``(3) collect and report information in accordance with subsection (c). ``(b) School-Based Student Suicide Awareness and Prevention Training Policy.--A school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)-- ``(1) shall be evidence-based; ``(2) shall be culturally and linguistically appropriate; ``(3) shall provide evidence-based training to students in grades 6 through 12, in coordination with school-based mental health service providers as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965, if applicable, regarding-- ``(A) suicide education and awareness, including warning signs of self-harm or suicidal ideation; ``(B) methods that students can use to seek help for themselves and others; and ``(C) student resources for suicide awareness and prevention; ``(4) shall provide for retraining of such students every school year; ``(5) may last for such period as the State educational agency, local educational agency, or Tribal educational agency involved determines to be appropriate; ``(6) may be implemented through any delivery method, including in-person trainings, digital trainings, or train-the- trainer models; and ``(7) may include discussion of comorbidities or risk factors for suicidal ideation or self-harm, including substance misuse, sexual or physical abuse, mental illness, or other evidence-based comorbidities and risk factors. ``(c) Collection of Information and Reporting.--Each State educational agency, local educational agency, and Tribal educational agency that receives funds under section 520A shall, with respect to each school served by the agency, collect and report to the Secretary the following information: ``(1) The number of student trainings conducted. ``(2) The number of students trained, disaggregated by age and grade level. ``(3) The number of help-seeking reports made by students after implementation of such policy. ``(d) Evidence-Based Program Listing.--The Secretary of Health and Human Services shall coordinate with the Secretary of Education to make publicly available the policies established by State educational agencies, local educational agencies, and Tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, including identification of whether such training is available to trainees at no cost. ``(e) Implementation Timeline.--A State educational agency, local educational agency, or Tribal educational agency shall establish and begin implementation of the policies required by subsection (a)(1) not later than the beginning of the third fiscal year following the date of enactment of this section for which the agency receives funds under section 520A. ``(f) Definitions.--In this section and section 520B-1: ``(1) The term `evidence-based' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(2) The term `local educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(3) The term `State educational agency' has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. ``(4) The term `Tribal educational agency' has the meaning given to the term `tribal educational agency' in section 6132 of the Elementary and Secondary Education Act of 1965. ``SEC. 520B-1. BEST PRACTICES FOR STUDENT SUICIDE AWARENESS AND PREVENTION TRAINING. ``The Secretary of Health and Human Services, in consultation with the Secretary of Education and the Bureau of Indian Education, shall-- ``(1) publish best practices for school-based student suicide awareness and prevention training, pursuant to section 520B, that are based on-- ``(A) evidence-based practices; and ``(B) input from relevant Federal agencies, national organizations, Indian Tribes and Tribal organizations, and related stakeholders; ``(2) publish guidance, based on the best practices under paragraph (1), to provide State educational agencies, local educational agencies, and Tribal educational agencies with information on student suicide awareness and prevention best practices; ``(3) disseminate such best practices to State educational agencies, local educational agencies, and Tribal educational agencies; and ``(4) provide technical assistance to State educational agencies, local educational agencies, and Tribal educational agencies.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall only apply with respect to applications for assistance under section 520A of the Public Health Service Act (42 U.S.C. 290bb-32) that are submitted after the date of enactment of this Act. Passed the House of Representatives May 12, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 587 (Introduced in House) - Ocean Pollution Reduction Act II	https://www.govinfo.gov/content/pkg/BILLS-117hr587ih/html/BILLS-117hr587ih.htm	DOC 117th CONGRESS 1st Session H. R. 587 To modify permitting requirements with respect to the discharge of any pollutant from the Point Loma Wastewater Treatment Plant in certain circumstances, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Peters (for himself, Mr. Levin of California, Mr. Issa, Mr. Vargas, and Ms. Jacobs of California) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To modify permitting requirements with respect to the discharge of any pollutant from the Point Loma Wastewater Treatment Plant in certain circumstances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean Pollution Reduction Act II''. SEC. 2. SAN DIEGO POINT LOMA PERMITTING REQUIREMENTS. (a) In General.--Notwithstanding any provision of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Administrator may issue a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) for a discharge from the Point Loma Plant into marine waters that requires compliance with the requirements described in subsection (b). (b) Conditions.--A permit issued under this section shall require-- (1) maintenance of the currently designed deep ocean outfall from the Point Loma Plant with a discharge depth of not less than 300 feet and distance from the shore of not less than 4 miles; (2) as applicable to the term of the permit, discharge of not more than 12,000 metric tons of total suspended solids per year commencing on the date of enactment of this section, not more than 11,500 metric tons of total suspended solids per year commencing on December 31, 2025, and not more than 9,942 metric tons of total suspended solids per year commencing on December 31, 2027; (3) discharge of not more than 60 milligrams per liter of total suspended solids, calculated as a 30-day average; (4) removal of not less than 80 percent of total suspended solids on a monthly average and not less than 58 percent of biochemical oxygen demand on an annual average, taking into account removal occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant; (5) attainment of all other effluent limitations of secondary treatment as determined by the Administrator pursuant to section 304(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(d)(1)), other than any requirements otherwise applicable to the discharge of biochemical oxygen demand and total suspended solids; (6) compliance with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State concurrence consistent with section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341) and ocean discharge criteria evaluation pursuant to section 403 of the Federal Water Pollution Control Act (33 U.S.C. 1343); (7) implementation of the pretreatment program requirements of paragraphs (5) and (6) of section 301(h) of the Federal Water Pollution Control Act (33 U.S.C. 1311(h)) in addition to the requirements of section 402(b)(8) of such Act (33 U.S.C. 1342(b)(8)); (8) that the applicant provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application for a permit under this section sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to a permit issued under this section will meet the requirements of section 301(h)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1311(h)(2)) and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section 301(h)(3) of such Act (33 U.S.C. 1311(h)(3)); and (9) to the extent potable reuse is permitted by Federal and State regulatory agencies, that the applicant demonstrate that at least 83,000,000 gallons per day on an annual average of water suitable for potable reuse will be produced by December 31, 2035, taking into account production of water suitable for potable reuse occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant. (c) Milestones.--The Administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued under this section before December 31, 2035. (d) Secondary Treatment.--Nothing in this section prevents the applicant from alternatively submitting an application for the Point Loma Plant that complies with secondary treatment pursuant to section 301(b)(1)(B) and section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1311(b)(1)(B); 33 U.S.C. 1342). (e) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Biochemical oxygen demand.--The term ``biochemical oxygen demand'' means biological oxygen demand, as such term is used in the Federal Water Pollution Control Act. (3) Point loma plant.--The term ``Point Loma Plant'' means the Point Loma Wastewater Treatment Plant owned by the City of San Diego on the date of enactment of this Act. (4) State.--The term ``State'' means the State of California. all
H.R. 58 (Introduced in House) - Fund and Complete the Border Wall Act	https://www.govinfo.gov/content/pkg/BILLS-117hr58ih/html/BILLS-117hr58ih.htm	DOC 117th CONGRESS 1st Session H. R. 58 To establish a separate account in the Treasury to hold deposits to be used to secure the southern border of the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, the Judiciary, Foreign Affairs, Financial Services, Education and Labor, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish a separate account in the Treasury to hold deposits to be used to secure the southern border of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fund and Complete the Border Wall Act''. SEC. 2. BORDER WALL TRUST FUND. (a) Establishment of Fund.--At the end of subchapter III of chapter 33 of title 31, United States Code, insert the following: ``Sec. 3344. Secure the Southern Border Fund ``(a) In General.--Not later than 60 days after the date of enactment of this section, the Secretary of the Treasury shall establish an account in the Treasury of the United States, to be known as the `Secure the Southern Border Fund', into which funds shall be deposited in accordance with the Fund and Complete the Border Wall Act and the amendments made by that Act. ``(b) Appropriation.--Funds deposited in the Secure the Southern Border Fund shall be available until expended. Such funds are authorized to be appropriated, and are appropriated, to the Secretary of Homeland Security only-- ``(1) to plan, design, construct, or maintain a barrier along the international border between the United States and Mexico; and ``(2) to purchase and maintain necessary vehicles and equipment for U.S. Border Patrol agents. ``(c) Limitation.--Not more than 5 percent of the funds deposited in the Secure the Southern Border Fund may be used for the purpose described in subsection (b)(2).''. (b) Clerical Amendment.--The table of contents for chapter 33 of title 31, United States Code, is amended by inserting at the end the following: ``3344. Secure the Southern Border Fund.''. SEC. 3. BORDER CROSSING ACCOUNTABILITY AND SECURITY. (a) Estimation of Annual Illegal Border Crossings.--Beginning with the first fiscal year that begins after the date of the enactment of this Act, not later than 30 days after the end of each fiscal year, the Secretary of Homeland Security shall determine and report to the Secretary of State and the Committees on the Judiciary of the House of Representatives and of the Senate-- (1) the number of apprehensions that occurred during such fiscal year of aliens who entered the United States by illegally crossing the international land border between the United States and Mexico; and (2) the nationality of aliens described in paragraph (1). (b) Reduction of Foreign Assistance.-- (1) In general.--Except as provided under paragraph (2), the Secretary of State shall proportionately reduce the amount of Federal financial assistance provided to a foreign state for the fiscal year in which a report under subsection (a) is made by a total of $2,000 for each alien described in such report who is a citizen or national of that country. (2) Exception.--Notwithstanding paragraph (1), the Secretary of State may opt not to reduce the amounts appropriated for the Government of Mexico from the International Military Education and Training Fund, the International Narcotics Control and Law Enforcement Fund, and the fund to carry out nonproliferation, anti-terrorism, demining, and related programs and activities. (c) Transfer of Funds To Secure the Southern Border Fund.--The Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of the Treasury, shall transfer funds described in subsection (b) into the Secure the Southern Border Fund established by the amendment made by section 2 of this Act. SEC. 4. FEES FOR CERTAIN REMITTANCE TRANSFERS. Section 920 of the Electronic Fund Transfer Act (relating to remittance transfers) (15 U.S.C. 1693o-1) is amended-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Secure the Southern Border Fund Fee.-- ``(1) In general.--If the designated recipient of a remittance transfer is located outside of the United States, a remittance transfer provider shall collect from the sender of such remittance transfer a remittance fee equal to 5 percent of the United States dollar amount to be transferred. ``(2) Transfer of funds.--Not later than 90 days after the date of enactment of this subsection, the Secretary of the Treasury, in consultation with the Bureau and remittance transfer providers, shall develop and make available a system for remittance transfer providers to submit the remittance fees collected in accordance with paragraph (1) to the Secure the Southern Border Fund established under section 3344 of title 31, United States Code. ``(3) Penalties.-- ``(A) Whoever, with the intent to evade a remittance fee to be collected in accordance with this subsection, and who has knowledge that, at the time of a remittance transfer, the value of the funds involved in the transfer will be further transferred to a recipient located outside of the United States, requests or facilitates such remittance transfer to a recipient located outside of the United States shall be subject to a penalty of not more than $500,000 or twice the value of the funds involved in the remittance transfer, whichever is greater, or imprisonment for not more than 20 years, or both. ``(B) Any foreign country that, in the joint determination of the Secretary of Homeland Security, the Secretary of the Treasury, and the Secretary of State, aids or harbors an individual conspiring to avoid the fee collected in accordance with this subsection shall be ineligible to receive foreign assistance and to participate in the visa waiver program or any other programs, at the discretion of the Secretaries described in this subparagraph.''. SEC. 5. FEES FOR FORM I-94. (a) Fee Increase.--The Secretary of Homeland Security shall increase the fee collected for services performed in processing U.S. Customs and Border Protection Form I-94, Arrival/Departure Record, from $6 to $25. (b) Disposition of Fees Collected.--Notwithstanding any other provision of law, including section 286(q) of the Immigration and Nationality Act (8 U.S.C. 1356(q)), all fees collected for services performed in processing U.S. Customs and Border Protection Form I-94 shall be allocated as follows: (1) $6 shall be deposited in the Land Border Inspection Fee Account and used in accordance with such section 286(q). (2) To the extent provided in advance in appropriations Acts, $10 shall be used for salaries for U.S. Border Patrol agents. (3) $9 shall be deposited in the Secure the Southern Border Fund established by the amendment made by section 2 of this Act. SEC. 6. CONSTRUCTION OF BORDER WALL. (a) Improvement of Barriers at Border.--Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--Not later than December 31, 2021, the Secretary of Homeland Security shall take such actions as may be necessary (including the removal of obstacles to detection of illegal entrants) to design, test, construct, and install physical barriers, roads, and technology along the international land border between the United States and Mexico to prevent illegal crossings in all areas.''; (2) in subsection (b)-- (A) in paragraph (1)-- (i) in the paragraph heading, by striking ``Additional fencing'' and inserting ``Fencing''; (ii) by striking subparagraph (A) and inserting the following: ``(A) Physical barriers.--In carrying out subsection (a), the Secretary of Homeland Security shall construct physical barriers, including secondary barriers in locations where there is already a fence, along the international land border between the United States and Mexico that will prevent illegal entry and will assist in gaining operational control of the border (as defined in section 2(b) of the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109- 367)).''; (iii) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; (iv) in subparagraph (B), as so redesignated-- (I) by striking clause (i) and inserting the following: ``(i) In general.--In carrying out this section, the Secretary of Homeland Security shall, before constructing physical barriers in a specific area or region, consult with the Secretary of the Interior, the Secretary of Agriculture, appropriate Federal, State, local, and tribal governments, and appropriate private property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such physical barriers are to be constructed. Nothing in this paragraph should be construed to limit the Secretary of Homeland Security's authority to move forward with construction after consultation.''; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i), as amended, the following new clause: ``(ii) Notification.--Not later than 60 days after the consultation required under clause (i), the Secretary of Homeland Security shall notify the Committees on the Judiciary of the House of Representatives and of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of the type of physical barriers, tactical infrastructure, or technology the Secretary has determined is most practical and effective to achieve situational awareness and operational control in a specific area or region and the other alternatives the Secretary considered before making such a determination.''; and (v) by striking subparagraph (C), as so redesignated, and inserting the following: ``(C) Limitation on requirements.--Notwithstanding subparagraph (A), nothing in this paragraph shall require the Secretary of Homeland Security to install fencing, physical barriers, or roads, in a particular location along the international border between the United States and Mexico, if the Secretary determines that there is a pre-existing geographical barrier or pre-constructed, impenetrable wall. The Secretary must notify the House and Senate Committees on the Judiciary, the House Committee on Homeland Security, and the Senate Committee on Homeland Security and Governmental Affairs of any decision not to install fencing in accordance with this provision within 30 days of a determination being made.''; (B) in paragraph (2)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``fences'' and inserting ``physical barriers and roads''; and (C) in paragraph (3)-- (i) by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; and (ii) by striking ``additional fencing'' and inserting ``physical barriers and roads''; and (3) in subsection (c), by amending paragraph (1) to read as follows: ``(1) In general.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements the Secretary, in the Secretary's sole discretion, determines necessary to ensure the expeditious design, testing, construction, installation, deployment, operation, and maintenance of physical barriers, roads, and technology under this section. Any such decision by the Secretary shall be effective upon publication in the Federal Register.''. (b) Achieving Operational Control on the Border.--Subsection (a) of section 2 of the Secure Fence Act of 2006 (8 U.S.C. 1701 note) is amended, in the matter preceding paragraph (1), by striking ``18 months after the date of the enactment of this Act'' and inserting ``December 31, 2021''. SEC. 7. FAIR LABOR STANDARDS ACT FOR U.S. BORDER PATROL. (a) In General.--Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ``(s) Employment as a Border Patrol Agent.--No public agency shall be deemed to have violated subsection (a) with respect to the employment of any border patrol agent (as defined in section 5550(1) of title 5, United States Code) if, during a work period of 14 consecutive days, the border patrol agent receives compensation at a rate that is not less than 150 percent of the regular rate at which the agent is employed for all hours of work from 80 hours to 100 hours. Payments required under this section shall be in addition to any payments made under section 5550 of title 5, United States Code, and shall be made notwithstanding any pay limitations set forth in that title.''. (b) Technical and Conforming Amendments.--Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by striking paragraph (18) and redesignating paragraph (19) as paragraph (18). SEC. 8. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected. all
H.R. 59 (Introduced in House) - Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act	https://www.govinfo.gov/content/pkg/BILLS-117hr59ih/html/BILLS-117hr59ih.htm	DOC 117th CONGRESS 1st Session H. R. 59 To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide flexibility for fishery managers and stability for fishermen, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. Sec. 4. References. TITLE I--MAGNUSON-STEVENS ACT FINDINGS AND DEFINITIONS AMENDMENTS AND REAUTHORIZATION Sec. 101. Amendments to findings. Sec. 102. Amendments to definitions. Sec. 103. Authorization of appropriations. TITLE II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION Sec. 201. Definitions. Sec. 202. Process for allocation review for South Atlantic and Gulf of Mexico mixed-use fisheries. Sec. 203. Alternative fishery management measures. Sec. 204. Modifications to the annual catch limit requirement. Sec. 205. Limitation on future catch share programs. Sec. 206. Study of limited access privilege programs for mixed-use fisheries. Sec. 207. Cooperative data collection. Sec. 208. Recreational fishing data. Sec. 209. Miscellaneous amendments relating to fishery management councils. Sec. 210. Northeast regional pilot research trawl survey and study. TITLE III--HEALTHY FISHERIES THROUGH BETTER SCIENCE Sec. 301. Healthy fisheries through better science. Sec. 302. Transparency and public process. Sec. 303. Flexibility in rebuilding fish stocks. Sec. 304. Exempted fishing permits. Sec. 305. Cooperative research and management program. Sec. 306. Federal Gulf of Mexico red snapper management. TITLE IV--STRENGTHENING FISHING COMMUNITIES Sec. 401. Estimation of cost of recovery from fishery resource disaster. Sec. 402. Deadline for action on request by Governor for determination regarding fishery resource disaster. Sec. 403. North Pacific Fishery management clarification. Sec. 404. Limitation on harvest in North Pacific directed pollock fishery. Sec. 405. Arctic community development quota. Sec. 406. Reallocation of certain unused harvest allocation. Sec. 407. Community Development Quota Program panel voting procedures. Sec. 408. Prohibition on shark feeding off coast of Florida. Sec. 409. Restoration of historically freshwater environment. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Mitigation for impacts to submerged aquatic vegetation. Sec. 502. Plan for electronic monitoring and reporting procedures for the Northeast Multispecies Fishery. Sec. 503. Study of fees charged to lobster fishing industry. Sec. 504. Limitation on application of prohibition on Atlantic striped bass fishing in Block Island Sound transit zone. Sec. 505. Funding for monitoring implementation of Northeast Multispecies Fishery Management Plan. TITLE VI--REEF ASSASSIN ACT Sec. 601. Short title. Sec. 602. Encouraging elimination of lionfish. SEC. 3. DEFINITIONS. In this Act, any term used that is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) shall have the same meaning such term has under that section. SEC. 4. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a provision, the reference shall be considered to be made to a provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). TITLE I--MAGNUSON-STEVENS ACT FINDINGS AND DEFINITIONS AMENDMENTS AND REAUTHORIZATION SEC. 101. AMENDMENTS TO FINDINGS. Section 2(a) (16 U.S.C. 1801) is amended-- (1) in paragraph (1), by inserting ``cultural well-being,'' after ``economy,''; and (2) in paragraph (10), by inserting ``and traditional ways of life'' after ``economic growth''. SEC. 102. AMENDMENTS TO DEFINITIONS. (a) Definitions.--Section 3 (16 U.S.C. 1802) is amended-- (1) in paragraph (2), by striking ``management program''; (2) in paragraph (34), by striking ``The terms `overfishing' and `overfished' mean'' and inserting ``The term `overfishing' means''; (3) by inserting after paragraph (8) the following: ``(8a) The term `depleted' means, with respect to a stock of fish or stock complex, that the stock or stock complex has a biomass that has declined below a level that jeopardizes the capacity of the stock or stock complex to produce maximum sustainable yield on a continuing basis.''; and (4) by inserting after paragraph (43) the following: ``(43a)(A) The term `subsistence fishing' means fishing in which the fish harvested are intended for customary and traditional uses, including for direct personal or family consumption as food or clothing; for the making or selling of handicraft articles out of nonedible byproducts taken for personal or family consumption, for barter, or sharing for personal or family consumption; and for customary exchange or trade. ``(B) In this paragraph-- ``(i) the term `family' means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and ``(ii) the term `barter' means the exchange of a fish or fish part-- ``(I) for another fish or fish part; or ``(II) for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.''. (b) Substitution of Term.--The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended-- (1) in the heading of section 304(e), by striking ``Overfished'' and inserting ``Depleted''; and (2) by striking ``overfished'' each place it appears and inserting ``depleted''. (c) Clarity in Annual Report.--Section 304(e)(1) (16 U.S.C. 1854(e)(1)) is amended by adding at the end the following: ``The report shall distinguish between fisheries that are depleted (or approaching that condition) as a result of fishing and fisheries that are depleted (or approaching that condition) as a result of factors other than fishing. The report shall state, for each fishery identified as depleted or approaching that condition, whether the fishery is the target of directed fishing.''. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. Section 4 (16 U.S.C. 1803) is amended-- (1) by striking ``this Act'' and all that follows through ``(7)'' and inserting ``this Act''; and (2) by striking ``fiscal year 2013'' and inserting ``each of fiscal years 2021 through 2025''. TITLE II--FISHERIES MANAGEMENT FLEXIBILITY AND MODERNIZATION SEC. 201. DEFINITIONS. For the purposes of implementing this title: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Limited access privilege program.--The term ``limited access privilege program'' means a program that meets the requirements of section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a). (3) Mixed-use fishery.--The term ``mixed-use fishery'' means a Federal fishery in which two or more of the following occur: (A) Recreational fishing. (B) Charter fishing. (C) Commercial fishing. SEC. 202. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF MEXICO MIXED-USE FISHERIES. (a) Study of Allocations in Mixed-Use Fisheries.--Not later than 60 days after the date of enactment of this Act, the Secretary of Commerce shall seek to enter into an arrangement with the National Academy of Sciences to conduct a study of South Atlantic and Gulf of Mexico mixed- use fisheries-- (1) to provide guidance to each applicable Council on criteria that could be used for allocating fishing privileges, including consideration of the conservation and socioeconomic benefits of the commercial, recreational, and charter components of a fishery, in the preparation of a fishery management plan; (2) to identify sources of information that could reasonably support the use of such criteria in allocation decisions; (3) to develop procedures for allocation reviews and potential adjustments in allocations; and (4) that shall consider the ecological, economic and social factors relevant to each component of the mixed-use fishery including but not limited to: fairness and equitability of all current allocations; percent utilization of available allocations by each component; consumer and public access to the resource; and the application of economic models for fully estimating the direct and indirect value-added contributions of the various commercial and recreational fishing industry market sectors throughout chain of custody. (b) Report.--Not later than 1 year after the date an arrangement is entered into under subsection (a), the National Academy of Sciences shall submit to the appropriate committees of Congress a report on the study conducted under that subsection. (c) Process for Allocation Review and Establishment.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, an applicable Council shall perform a review of the allocations to the commercial fishing sector and the recreational fishing sector of all applicable fisheries in its jurisdiction. (2) Considerations.--In conducting a review under paragraph (1), an applicable Council shall consider, in each allocation decision, the conservation and socioeconomic benefits of-- (A) the commercial fishing sector; and (B) the recreational fishing sector. (d) Definition of Applicable Council.--In this section, the term ``applicable Council'' means-- (1) the South Atlantic Fishery Management Council; or (2) the Gulf of Mexico Fishery Management Council. SEC. 203. ALTERNATIVE FISHERY MANAGEMENT MEASURES. Section 302(h) (16 U.S.C. 1852(h)) is amended-- (1) in paragraph (8), by striking ``; and'' and inserting a semicolon; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8), the following: ``(9) have the authority to use alternative fishery management measures in a recreational fishery (or the recreational component of a mixed-use fishery), including extraction rates, fishing mortality targets, and harvest control rules, in developing a fishery management plan, plan amendment, or proposed regulations; and''. SEC. 204. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT. (a) Regional Fishery Management Councils.--Section 302 (16 U.S.C. 1852) is amended by adding at the end the following: ``(m) Considerations for Modifications to Annual Catch Limit Requirements.-- ``(1) Annual catch limit requirement for certain data-poor fisheries.--Notwithstanding subsection (h)(6), in the case of a stock of fish for which the total annual catch limit is 25 percent or more below the overfishing limit, a peer-reviewed stock survey and stock assessment have not been performed during the preceding 5 fishing years, and the stock is not subject to overfishing, a Council may, after notifying the Secretary, maintain the current annual catch limit for the stock until a peer-reviewed stock survey and stock assessment are conducted and the results are considered by the Council and its scientific and statistical committee. ``(2) Consideration of ecosystem and economic impacts.--In establishing annual catch limits a Council may, consistent with subsection (h)(6), consider changes in an ecosystem and the economic needs of the fishing communities. ``(3) Limitations to annual catch limit requirement for special fisheries.--Notwithstanding subsection (h)(6), a Council is not required to develop an annual catch limit for-- ``(A) an ecosystem-component species; ``(B) a fishery for a species that has a life cycle of approximately 1 year, unless the Secretary has determined the fishery is subject to overfishing; or ``(C) a stock for which-- ``(i) more than half of a single-year class will complete their life cycle in less than 18 months; and ``(ii) fishing mortality will have little impact on the stock. ``(4) Relationship to international fishery efforts.-- ``(A) In general.--Each annual catch limit, consistent with subsection (h)(6)-- ``(i) may take into account management measures under international agreements in which the United States participates; and ``(ii) in the case of an annual catch limit developed by a Council for a species, shall take into account fishing for the species outside the exclusive economic zone and the life-history characteristics of the species that are not subject to the jurisdiction of the Council. ``(B) Exception to annual catch limit requirement.--If fishery management activities by another country with respect to fishing outside the exclusive economic zone may hinder conservation efforts by United States fishermen for a fish species for which any of the recruitment, distribution, life history, or fishing activities are transboundary, and for which there is no informal transboundary agreement with that country in effect, then-- ``(i) notwithstanding subsection (h)(6), no annual catch limit is required to be developed for the species by a Council; and ``(ii) if an annual catch limit is developed by a Council for the species, the catch limit shall take into account fishing for the species outside the exclusive economic zone that is not subject to the jurisdiction of the Council. ``(5) Authorization for multispecies complexes and multiyear annual catch limits.--For purposes of subsection (h)(6), a Council may establish-- ``(A) an annual catch limit for a stock complex; or ``(B) annual catch limits for each year in any continuous period that is not more than 3 years in duration. ``(6) Ecosystem-component species defined.--In this subsection the term `ecosystem-component species' means a stock of fish that is a nontarget, incidentally harvested stock of fish in a fishery, or a nontarget, incidentally harvested stock of fish that a Council or the Secretary has determined-- ``(A) is not subject to overfishing, approaching a depleted condition or depleted; and ``(B) is not likely to become subject to overfishing or depleted in the absence of conservation and management measures. ``(7) Rule of construction.--Nothing in this subsection shall be construed as providing an exemption from the requirements of section 301(a) of this Act.''. (b) Action by the Secretary.--Section 304 (16 U.S.C. 1854) is amended-- (1) by striking ``(i) International Overfishing.--'' and inserting ``(j) International Overfishing.--''; (2) in subsection (j)(1), as redesignated, by inserting ``shall'' before ``immediately''; and (3) by adding at the end the following: ``(k) Stock Surveys and Assessments.--Not later than 2 years after the date that the Secretary receives notice from a Council under section 302(m), the Secretary shall complete a peer-reviewed stock survey and stock assessment of the applicable stock of fish and transmit the results of the survey and assessment to the Council.''. SEC. 205. LIMITATION ON FUTURE CATCH SHARE PROGRAMS. (a) Catch Share Defined.--Section 3 (16 U.S.C. 1802) is amended by inserting after paragraph (2) the following: ``(2a) The term `catch share' means any fishery management program that allocates a specific percentage of the total allowable catch for a fishery, or a specific fishing area, to an individual, cooperative, community, processor, representative of a commercial sector, or regional fishery association established in accordance with section 303A(c)(4), or other entity.''. (b) Catch Share Referendum Pilot Program.-- (1) In general.--Section 303A(c)(6)(D) (16 U.S.C. 1853a(c)(6)(D)) is amended to read as follows: ``(D) Catch share referendum pilot program.-- ``(i) The New England, Mid-Atlantic, South Atlantic, and Gulf of Mexico Councils may not submit a fishery management plan or amendment that creates a catch share program for a fishery, and the Secretary may not approve or implement such a plan or amendment submitted by such a Council or a Secretarial plan or amendment under section 304(c) that creates such a program, unless the final program has been approved, in a referendum in accordance with this subparagraph, by a majority of the permit holders eligible to participate in the fishery. For multispecies permits in the Gulf of Mexico, any permit holder with landings from within the sector of the fishery being considered for the catch share program within the 5-year period preceding the date of the referendum and still active in fishing in the fishery shall be eligible to participate in such a referendum. If a catch share program is not approved by the requisite number of permit holders, it may be revised and submitted for approval in a subsequent referendum. ``(ii) The Secretary shall conduct a referendum under this subparagraph, including notifying all permit holders eligible to participate in the referendum and making available to them-- ``(I) a copy of the proposed program; ``(II) an estimate of the costs of the program, including costs to participants; ``(III) an estimate of the amount of fish or percentage of quota each permit holder would be allocated; and ``(IV) information concerning the schedule, procedures, and eligibility requirements for the referendum process. ``(iii) For the purposes of this subparagraph, the term `permit holder eligible to participate' only includes the holder of a permit for a fishery under which fishing has occurred in 3 of the 5 years preceding a referendum for the fishery, unless sickness, injury, or other unavoidable hardship prevented the permit holder from engaging in such fishing. ``(iv) The Secretary may not implement any catch share program for any fishery managed exclusively by the Secretary unless first petitioned by a majority of those permit holders eligible to participate in the fishery.''. (2) Limitation on application.--The amendment made by paragraph (1) shall not apply to a catch share program that is submitted to, or proposed by, the Secretary of Commerce before the date of enactment of this Act. (3) Regulations.--Before conducting a referendum under the amendment made by paragraph (1), the Secretary of Commerce shall issue regulations implementing such amendment after providing an opportunity for submission by the public of comments on the regulations. SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE FISHERIES. (a) Study on Limited Access Privilege Programs.--Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall seek to enter into an arrangement under which the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine shall-- (1) study the use of limited access privilege programs in mixed-use fisheries, including-- (A) identifying any inequities caused by a limited access privilege program; (B) recommending policies to address the inequities identified in subparagraph (A); and (C) identifying and recommending the different factors and information a mixed-use fishery should consider when designing, establishing, or maintaining a limited access privilege program to mitigate any inequities identified in subparagraph (A); and (2) submit to the appropriate committees of Congress a report on the study under paragraph (1), including the recommendations under subparagraphs (B) and (C) of paragraph (1). (b) Temporary Moratorium.-- (1) In general.--Except as provided in paragraph (2), there shall be a moratorium on the submission and approval of a limited access privilege program for a mixed-use fishery until the date that the report is submitted under subsection (a)(1)(B). (2) Exception.--Subject to paragraph (3), a Council may submit, and the Secretary of Commerce may approve, for a mixed- use fishery that is managed under a limited access system, a limited access privilege program if such program was part of a pending fishery management plan or plan amendment before the date of enactment of this Act. (3) Mandatory review.--A Council that approves a limited access privilege program under paragraph (2) shall, upon issuance of the report required under subparagraph (a), review and, to the extent practicable, revise the limited access privilege program to be consistent with the recommendations of the report or any subsequent statutory or regulatory requirements designed to implement the recommendations of the report. (4) Rule of construction.--Nothing in this section may be construed to affect a limited access privilege program approved by the Secretary of Commerce before the date of enactment of this Act. SEC. 207. COOPERATIVE DATA COLLECTION. (a) Improving Data Collection and Analysis.--Section 404 (16 U.S.C. 1881c) is amended by adding at the end the following: ``(f) Improving Data Collection and Analysis.-- ``(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall develop, in consultation with the science and statistical committees of the Councils established under section 302(g) and the Marine Fisheries Commissions, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2) into fisheries management decisions. ``(2) Nongovernmental sources.--Nongovernmental sources referred to in paragraph (1) include the following: ``(A) Fishermen. ``(B) Fishing communities. ``(C) Universities. ``(D) Research and philanthropic institutions. ``(3) Content.--In developing the report under paragraph (1), the Secretary shall-- ``(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used for purposes of this Act as the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes as determined by the Secretary; ``(B) provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions; ``(C) consider the extent to which it is possible to establish a registry of persons collecting or submitting the data and performing the analyses identified under subparagraphs (A) and (B); and ``(D) consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable.''. (b) Publication.--The Secretary of Commerce shall make available on the Internet Website of the National Oceanic and Atmospheric Administration the report required under the amendment made by subsection (a) by not later than 1 year after the date of the enactment of this Act. (c) NAS Report Recommendations.--The Secretary of Commerce shall take into consideration and, to the extent feasible, implement the recommendations of the National Academy of Sciences in the report entitled ``Review of the Marine Recreational Information Program (2017)'', including-- (1) prioritizing the evaluation of electronic data collection, including smartphone applications, electronic diaries for prospective data collection, and an Internet website option for panel members or for the public; (2) evaluating whether the design of the Marine Recreational Information Program for the purposes of stock assessment and the determination of stock management reference points is compatible with the needs of in-season management of annual catch limits; and (3) if the Marine Recreational Information Program is incompatible with the needs of in-season management of annual catch limits, determining an alternative method for in-season management. SEC. 208. RECREATIONAL FISHING DATA. Section 401(g) (16 U.S.C. 1881(g)) is amended by redesignating paragraph (5) as paragraph (6), and by inserting after paragraph (4) the following: ``(5) Federal-state partnerships.-- ``(A) Establishment.--The Secretary shall establish partnerships with States to develop best practices for implementation of State programs established pursuant to paragraph (2). ``(B) Guidance.--The Secretary shall develop guidance, in cooperation with the States, that details best practices for administering State programs pursuant to paragraph (2), and provide such guidance to the State.''. SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO FISHERY MANAGEMENT COUNCILS. (a) Council Jurisdiction for Overlapping Fisheries.--Section 302(a)(1) (16 U.S.C. 1852(a)(1)) is amended-- (1) in subparagraph (A), in the second sentence-- (A) by striking ``18'' and inserting ``19''; and (B) by inserting before the period at the end ``and a liaison who is a member of the Mid-Atlantic Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council''; and (2) in subparagraph (B), in the second sentence-- (A) by striking ``21'' and inserting ``22''; and (B) by inserting before the period at the end ``and a liaison who is a member of the New England Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council''. (b) Council Seat.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended-- (1) in subparagraph (A), by striking ``or recreational'' and inserting ``, recreational, or subsistence fishing''; and (2) in subparagraph (C), in the second sentence, by inserting ``, and in the case of the Governor of Alaska with the subsistence fishing interests of the State,'' after ``interests of the State''. (c) Purpose.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by striking ``and recreational'' and inserting ``, recreational, and subsistence''. (d) Prohibition on Considering Red Snapper Killed During Removal of Oil Rigs.--Any red snapper that are killed during the removal of any offshore oil rig in the Gulf of Mexico shall not be considered in determining under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) whether the total allowable catch for red snapper has been reached. (e) Prohibition on Considering Fish Seized From Foreign Fishing.-- Any fish that are seized from a foreign vessel engaged in illegal fishing activities in the exclusive economic zone shall not be considered in determining under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) the total allowable catch for that fishery. SEC. 210. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY AND STUDY. (a) Industry-Based Pilot Study.--Within 1 year after the date of the enactment of this Act, the Secretary of Commerce shall, in coordination with the relevant Councils selected by the Secretary and the Northeast Area Monitoring and Assessment Program (NEAMAP), develop a fishing industry-based Northeast regional pilot research trawl survey and study to enhance and provide improvement to current National Oceanic and Atmospheric Administration vessel trawl surveys. (b) Components.--Under the pilot survey and study-- (1) the Secretary-- (A) may select fishing industry vessels to participate in the study by issuing a request for procurement; (B) may use the NEAMAP Southern New England/Mid- Atlantic Nearshore Trawl Survey as a model for the pilot survey; and (C) shall outfit participating vessels with a peer- reviewed net configuration; and (2) the selected Councils shall, in partnership with the National Marine Fisheries Service Northeast Fisheries Science Center and the Virginia Institute of Marine Science, collect data and evaluate discrepancies between fishing industry vessel data and National Oceanic and Atmospheric Administration vessel data, for 5 years. (c) Report.--Upon completion of the pilot survey and study, the Secretary and the selected Councils shall submit a detailed report on the results of the pilot survey and study to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. TITLE III--HEALTHY FISHERIES THROUGH BETTER SCIENCE SEC. 301. HEALTHY FISHERIES THROUGH BETTER SCIENCE. (a) Definition of Stock Assessment.--Section 3 (16 U.S.C. 1802), as amended by section 102(a) of this Act, is further amended by redesignating the paragraphs after paragraph (42) in order as paragraphs (44) through (53), and by inserting after paragraph (42) the following: ``(43) The term `stock assessment' means an evaluation of the past, present, and future status of a stock of fish, that includes-- ``(A) a range of life history characteristics for such stock, including-- ``(i) the geographical boundaries of such stock; and ``(ii) information on age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences of such stock; and ``(B) fishing for the stock.''. (b) Stock Assessment Plan.-- (1) In general.--Section 404 (16 U.S.C. 1881c), as amended by section 207(a) of this Act, is further amended by adding at the end the following: ``(g) Stock Assessment Plan.-- ``(1) In general.--The Secretary shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under subsection (b) of this section, a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this Act. ``(2) Contents.--The plan shall-- ``(A) for each stock of fish for which a stock assessment has previously been conducted-- ``(i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and ``(ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment-- ``(I) every 5 years; or ``(II) within such other time period specified and justified by the Secretary in the plan; ``(B) for each stock of fish for which a stock assessment has not previously been conducted-- ``(i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and ``(ii) subject to the availability of appropriations, require completion of the initial stock assessment within 3 years after the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and ``(C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by fishermen, fishing communities, universities, and research institutions, to the extent that use of such data would be consistent with the requirements in section 301(a)(2) to base conservation and management measures on the best scientific information available. ``(3) Waiver of stock assessment requirement.-- Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock assessment is not required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies such determination in the Federal Register notice required by this subsection.''. (2) Deadline.--Notwithstanding section 404(g)(1) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this section, the Secretary of Commerce shall issue the first stock assessment plan under such section by not later than 2 years after the date of enactment of this Act. SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. (a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended by adding at the end the following: ``Each scientific and statistical committee shall develop such advice in a transparent manner and allow for public involvement in the process.''. (b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding at the end the following: ``(G) Each Council shall make available on the Internet Web site of the Council-- ``(i) to the extent practicable, a Webcast, an audio recording, or a live broadcast of each meeting of the Council, and of the Council Coordination Committee established under subsection (l), that is not closed in accordance with paragraph (3); and ``(ii) audio, video (if the meeting was in person or by video conference), or a searchable audio or written transcript of each meeting of the Council and of the meetings of committees referred to in section (g)(1)(B) of the Council by not later than 30 days after the conclusion of the meeting. ``(H) The Secretary shall maintain and make available to the public an archive of Council and scientific and statistical committee meeting audios, videos, and transcripts made available under clauses (i) and (ii) of subparagraph (G).''. SEC. 303. FLEXIBILITY IN REBUILDING FISH STOCKS. (a) General Requirements.--Section 304(e) (16 U.S.C. 1854(e)) is amended-- (1) in paragraph (4)-- (A) in subparagraph (A)(i), by striking ``possible'' and inserting ``practicable''; (B) by amending subparagraph (A)(ii) to read as follows: ``(ii) may not exceed the time the stock would be rebuilt without fishing occurring plus one mean generation, except in a case in which-- ``(I) the biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise; ``(II) the Secretary determines that the cause of the stock being depleted is outside the jurisdiction of the Council or the rebuilding program cannot be effective only by limiting fishing activities; ``(III) the Secretary determines that one or more components of a mixed- stock fishery is depleted but cannot be rebuilt within that time frame without significant economic harm to the fishery, or cannot be rebuilt without causing another component of the mixed- stock fishery to approach a depleted status; ``(IV) the Secretary determines that recruitment, distribution, or life history of, or fishing activities for, the stock are affected by informal transboundary agreements under which management activities outside the exclusive economic zone by another country may hinder conservation and management efforts by United States fishermen; and ``(V) the Secretary determines that the stock has been affected by unusual events that make rebuilding within the specified time period improbable without significant economic harm to fishing communities;''; (C) by striking ``and'' after the semicolon at the end of subparagraph (B), by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), and by inserting after subparagraph (A) the following: ``(B) take into account environmental condition including predator/prey relationships;''; and (D) by striking the period at the end of subparagraph (D) (as so redesignated) and inserting ``; and'', and by adding at the end the following: ``(E) specify a schedule for reviewing the rebuilding targets, evaluating environmental impacts on rebuilding progress, and evaluating progress being made toward reaching rebuilding targets.''; and (2) by adding at the end the following: ``(8) A fishery management plan, plan amendment, or proposed regulations may use alternative rebuilding strategies, including harvest control rules and fishing mortality-rate targets to the extent they are in compliance with the requirements of this Act. ``(9) A Council may terminate the application of paragraph (3) to a fishery if the Council's scientific and statistical committee determines and the Secretary concurs that the original determination that the fishery was depleted was erroneous, either-- ``(A) within the 2-year period beginning on the effective date a fishery management plan, plan amendment, or proposed regulation for a fishery under this subsection takes effect; or ``(B) within 90 days after the completion of the next stock assessment after such determination.''. (b) Emergency Regulations and Interim Measures.--Section 305(c)(3)(B) (16 U.S.C. 1855(c)(3)(B)) is amended by striking ``180 days after'' and all that follows through ``provided'' and inserting ``1 year after the date of publication, and may be extended by publication in the Federal Register for one additional period of not more than 1 year, if''. SEC. 304. EXEMPTED FISHING PERMITS. (a) Objections.--If the relevant Council, the Interstate Marine Fisheries Commission, or the fish and wildlife agency of an affected State objects to the approval and issuance of an exempted fishing permit under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Regional Administrator of the National Marine Fisheries Service who issued such exempted fishing permit shall respond to such entity in writing detailing why such exempted fishing permit was issued. (b) 12-Month Finding.--At the end of the 12-month period beginning on the date the exempted fishing permit is issued under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Council that prepared the fishery management plan, or the Secretary in the case of a fishery management plan prepared and implemented by the Secretary, shall review the exempted fishing permit and determine whether any unintended negative impacts have occurred that would warrant the discontinuation of the permit. (c) Clarification.--The Secretary may not issue an exempted fishing permit under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation that-- (1) establishes a limited access system as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802); (2) is consistent with section 303A of such Act (16 U.S.C. 1853a); or (3) establishes a catch share program as defined in section 206(a) of this Act. (d) Savings Provision.--Except for subsection (b), nothing in this section may be construed to affect an exempted fishing permit approved under section 600.745 of title 50, Code of Federal Regulations, before the date of the enactment of this Act. SEC. 305. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM. Section 318 (16 U.S.C. 1867) is amended-- (1) in subsection (a), by inserting ``(1)'' before the first sentence, and by adding at the end the following: ``(2) Within 1 year after the date of enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, and after consultation with the Councils, the Secretary shall publish a plan for implementing and conducting the program established in paragraph (1). Such plan shall identify and describe critical regional fishery management and research needs, possible projects that may address those needs, and estimated costs for such projects. The plan shall be revised and updated every 5 years, and updated plans shall include a brief description of projects that were funded in the prior 5-year period and the research and management needs that were addressed by those projects.''; and (2) in subsection (c)-- (A) in the heading, by striking ``Funding'' and inserting ``Priorities''; and (B) in paragraph (1), by striking ``including'' and all that follows and inserting the following: ``including-- ``(A) the use of fishing vessels or acoustic or other marine technology; ``(B) expanding the use of electronic catch reporting programs and technology; and ``(C) improving monitoring and observer coverage through the expanded use of electronic monitoring devices.''. SEC. 306. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT. (a) In General.--Section 407 (16 U.S.C. 1883) is amended to read as follows: ``SEC. 407. CERTIFICATION OF STATE SURVEYS. ``(a) Submission.--A Gulf State that conducts a marine recreational fisheries statistical survey in the Gulf of Mexico to make catch estimates for red snapper landed in such State may submit such survey to the Secretary for certification. ``(b) Certification Standards.--Not later than 90 days after the date of enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act, the Secretary shall establish and provide the Gulf States with standards for certifying State marine recreational fisheries statistical surveys that shall-- ``(1) ensure that State marine recreational fisheries statistical surveys are appropriately pilot tested, independently peer reviewed, and endorsed for implementation by the reviewers; ``(2) use designs consistent with accepted survey sampling practices; and ``(3) minimize the potential for bias and known sources of survey error. ``(c) Certification.-- ``(1) In general.--The Secretary shall make a certification or a denial of certification for any marine recreational fisheries statistical survey submitted under subsection (a) not later than the end of the 6-month period beginning on the date that the survey and information needed to evaluate the survey under the standards established under subsection (b) are submitted. ``(2) Timing.--In the case of a certification request from a Gulf State, the Secretary shall begin evaluation of the request upon receipt of all information necessary to make a determination consistent with the standards set forth under subsection (b). ``(3) Deemed certified.--A marine recreational fisheries statistical survey shall be deemed to be certified effective upon the expiration of the 6-month period described in paragraph (1) if the Secretary has not made a certification or denial of certification. ``(d) Modification of Surveys Denied Certification.-- ``(1) In general.--If a marine recreational fisheries statistical survey of a Gulf State is denied certification under subsection (c), the Secretary shall, not later than 60 days after the date of the denial, provide the Gulf State a proposal for modifications to the survey. ``(2) Proposal.--A proposal provided to a Gulf State for a survey under paragraph (1)-- ``(A) shall be specific to the survey submitted by such Gulf State and may not be construed to apply to any other Gulf State; ``(B) shall require revision to the fewest possible provisions of the survey; and ``(C) may not unduly burden the ability of such Gulf State to revise the survey. ``(3) Modified survey.-- ``(A) Authority to submit.--If a marine recreational fisheries statistical survey of a Gulf State was denied certification under subsection (c), the Gulf State may modify the survey and submit the modified survey to the Secretary for certification or denial of certification. ``(B) Schedule.--The Secretary shall make a certification or denial of certification for any modified survey not later than the end of the 30-day period beginning on the date the modified survey is submitted. ``(C) Deemed certified.--A modified survey is deemed to be certified effective upon the expiration of the period described in subparagraph (B) if the Secretary has not made a certification or denial of certification.''. (b) Clerical Amendment.--The table of contents in the first section is amended by striking the item relating to section 407 and inserting the following: ``Sec. 407. Certification of State surveys.''. TITLE IV--STRENGTHENING FISHING COMMUNITIES SEC. 401. ESTIMATION OF COST OF RECOVERY FROM FISHERY RESOURCE DISASTER. Section 312(a)(1) (16 U.S.C. 1861a(a)(1)) is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) by redesignating existing subparagraphs (A) through (C) as clauses (i) through (iii), respectively, of subparagraph (A) (as designated by the amendment made by paragraph (1)); and (3) by adding at the end the following: ``(B) The Secretary shall publish the estimated cost of recovery from a fishery resource disaster no later than 30 days after the Secretary makes the determination under subparagraph (A) with respect to such disaster.''. SEC. 402. DEADLINE FOR ACTION ON REQUEST BY GOVERNOR FOR DETERMINATION REGARDING FISHERY RESOURCE DISASTER. Section 312(a) (16 U.S.C. 1861a(a)) is amended by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), and by inserting after paragraph (1) the following: ``(2) The Secretary shall make a decision regarding a request from a Governor under paragraph (1) within 90 days after receiving an estimate of the economic impact of the fishery resource disaster from the entity requesting the relief.''. SEC. 403. NORTH PACIFIC FISHERY MANAGEMENT CLARIFICATION. Section 306(a)(3)(C) (16 U.S.C. 1856(a)(3)(C)) is amended-- (1) by striking ``was no'' and inserting ``is no''; and (2) by striking ``on August 1, 1996''. SEC. 404. LIMITATION ON HARVEST IN NORTH PACIFIC DIRECTED POLLOCK FISHERY. Section 210(e)(1) of the American Fisheries Act (title II of division C of Public Law 105-277; 16 U.S.C. 1851 note) is amended to read as follows: ``(1) Harvesting.-- ``(A) Limitation.--No particular individual, corporation, or other entity may harvest, through a fishery cooperative or otherwise, a percentage of the pollock available to be harvested in the directed pollock fishery that exceeds the percentage established for purposes of this paragraph by the North Pacific Fishery Management Council. ``(B) Maximum percentage.--The percentage established by the North Pacific Fishery Management Council shall not exceed 24 percent of the pollock available to be harvested in the directed pollock fishery.''. SEC. 405. ARCTIC COMMUNITY DEVELOPMENT QUOTA. Section 313 (16 U.S.C. 1862) is amended by adding at the end the following: ``(k) Arctic Community Development Quota.--If the North Pacific Fishery Management Council issues a fishery management plan for the exclusive economic zone in the Arctic Ocean, or an amendment to the Fishery Management Plan for Fish Resources of the Arctic Management Area issued by such Council, that makes available to commercial fishing, and establishes a sustainable harvest level, for any part of such zone, the Council shall set aside not less than 10 percent of the total allowable catch therein as a community development quota for coastal villages located north and east of the Bering Strait.''. SEC. 406. REALLOCATION OF CERTAIN UNUSED HARVEST ALLOCATION. (a) Reallocation.--Notwithstanding any other provision of law, each year upon receipt by the Secretary of Commerce (referred to in this section as the ``Secretary'') of written notice from the allocation holder named in section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) that such holder will not harvest all or a part of the allocation authorized pursuant to that Act, the Secretary shall reallocate for that year the unused portion of such allocation to the Bering Sea subarea of the BSAI (as defined in section 679.2 of title 50, Code of Federal Regulations) and shall assign the reallocated unused portion of the allocation only to eligible vessels as described in subsection (b)(1) for harvest in the Bering Sea subarea of the BSAI, consistent with any agreements as described in subsection (c). (b) Eligibility To Receive Reallocation.-- (1) In general.--Only vessels defined in subsection (a), (b), (c), or (e) of section 208 of the American Fisheries Act (16 U.S.C. 1851 note), or any vessels authorized to replace such vessels, may receive a reallocation described in subsection (a). (2) Limitation on reallocations.--The Secretary shall not reallocate the allocation described in subsection (a) in any year if such reallocation exceeds the annual catch limit for pollock in the Bering Sea subarea of the BSAI. (3) Calculations.--Any amount of the reallocation described in subsection (a) shall not be used in the calculation of harvesting or processing excessive shares as described in section 210(e) of the American Fisheries Act (16 U.S.C. 1851 note). (4) Conditions.--In any year, the assignment, transfer, or reallocation shall not violate the requirements of section 206(b) of the American Fisheries Act (title II of the division C of Public Law 105-277; 16 U.S.C. 1851 note). (c) Agreements.-- (1) In general.--Each year, the allocation holder named in section 803(a) of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) may establish one or more agreements with the owners of some or all of the eligible vessels as defined in subsection (b)(1). (2) Requirements.--Each agreement described in paragraph (1)-- (A) shall specify those eligible vessels that may receive a reallocation and the amount of reallocation that such vessels may receive in accordance with subsection (b)(2); and (B) may contain other requirements or compensation agreed to by the allocation holder named in section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note) and the owners of such eligible vessels, provided such requirements or compensation are otherwise consistent with the American Fisheries Act (16 U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and any other applicable law. (d) Existing Authority.--Except for the measures required by this section, nothing in this section shall be construed to limit the authority of the North Pacific Fishery Management Council or the Secretary under the American Fisheries Act (16 U.S.C. 1851 note), the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), or other applicable law. (e) Enforcement.--Taking or processing any part of the allocation made by section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note), and reallocated under this section in a manner that is not consistent with the reallocation authorized by the Secretary shall be considered in violation of section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) and subject to the penalties and sanctions under section 308 of such Act (16 U.S.C. 1858), and subject to the forfeiture of any fish harvested or processed. (f) Clarifications.-- (1) Amendment.--Subsection (c) of section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108- 199, 16 U.S.C. 1851 note) is amended by striking ``during the years 2004 through 2008''. (2) Purpose of reallocation.--Consistent with subsection (d) of section 803 of division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199, 16 U.S.C. 1851 note), the reallocation of the unused portion of the allocation provided to the allocation holder named in subsection (a) of such section for harvest in the Bering Sea subarea of the BSAI is for the purposes of economic development in Adak, Alaska pursuant to the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 407. COMMUNITY DEVELOPMENT QUOTA PROGRAM PANEL VOTING PROCEDURES. Section 305(i)(1)(G)(iv) (16 U.S.C. 1855(i)(1)(G)(iv)) is amended to read as follows: ``(iv) Voting requirement.--The panel may act only by the affirmative vote of at least five of its members.''. SEC. 408. PROHIBITION ON SHARK FEEDING OFF COAST OF FLORIDA. Section 307 (16 U.S.C. 1857) is amended-- (1) by striking ``It is unlawful--'' and inserting the following: ``(a) In General.--It is unlawful--''; and (2) by adding at the end the following: ``(b) Prohibition on Shark Feeding Off Coast of Florida.-- ``(1) In general.--It is unlawful-- ``(A) for any diver to engage in shark feeding in covered waters; and ``(B) for any person to operate a vessel for hire for the purpose of carrying a passenger to a site if such person knew or should have known that the passenger intended, at that site, to be a diver-- ``(i) engaged in shark feeding in covered waters; or ``(ii) engaged in observing shark feeding in covered waters. ``(2) Definitions.--For purposes of this subsection: ``(A) Covered waters.--The term `covered waters' means Federal waters off the coast of Florida. ``(B) Diver.--The term `diver' means a person who is wholly or partially submerged in covered water and is equipped with a face mask, face mask and snorkel, or underwater breathing apparatus. ``(C) Shark feeding.--The term `shark feeding' means-- ``(i) the introduction of food or any other substance into covered water for the purpose of feeding or attracting sharks; or ``(ii) presenting food or any other substance to a shark for the purpose of feeding or attracting sharks. ``(3) Exception.--This subsection shall not apply to shark feeding conducted-- ``(A) by a research institution, university, or government agency for research purposes; or ``(B) for the purpose of harvesting sharks.''. SEC. 409. RESTORATION OF HISTORICALLY FRESHWATER ENVIRONMENT. Section 3(10) (16 U.S.C. 1802) is amended-- (1) by inserting a comma after ``feeding''; and (2) by inserting the following: ``except that such term-- ``(A) does not include an area that-- ``(i) was previously covered by land or a fresh water environment; and ``(ii) is in a State where the average annual land loss of such State during the 20 years before the date of the enactment of the Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act exceeds 10 square miles; and ``(B) does not apply with respect to a project undertaken by a State or local government with the purpose of restoration or protection of an area described in subparagraph (A).''. TITLE V--MISCELLANEOUS PROVISIONS SEC. 501. MITIGATION FOR IMPACTS TO SUBMERGED AQUATIC VEGETATION. Requirements to conserve or to provide compensatory mitigation for impacts to submerged aquatic vegetation under section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(b)) shall not apply when a non-Federal entity conducts maintenance dredging for an authorized Federal navigation project on an inland waterway, inlet, or harbor located in North Carolina, South Carolina, Georgia, or Florida pursuant to a permit issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403; 30 Stat. 1151, chapter 425). SEC. 502. PLAN FOR ELECTRONIC MONITORING AND REPORTING PROCEDURES FOR THE NORTHEAST MULTISPECIES FISHERY. The Secretary, acting through the National Oceanic and Atmospheric Administration, shall submit a plan to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not less than 180 days after the date of the enactment of this Act that will establish fully operational electronic monitoring and reporting procedures for the Northeast Multispecies Fishery by not later than September 30, 2023. The plan shall include the proposal of the National Oceanic and Atmospheric Administration to cover vessel equipment and installation costs, with daily, half-day, or quarter-day operational costs to be borne by the fishing vessels. SEC. 503. STUDY OF FEES CHARGED TO LOBSTER FISHING INDUSTRY. Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, shall study and report to the Congress on all fees imposed by such Administration on the lobster fishing industry. SEC. 504. LIMITATION ON APPLICATION OF PROHIBITION ON ATLANTIC STRIPED BASS FISHING IN BLOCK ISLAND SOUND TRANSIT ZONE. Any prohibition on fishing for Atlantic striped bass in the Exclusive Economic Zone of the United States imposed under Executive Order No. 13449 or section 697.7(b) of title 50, Code of Federal Regulations, shall not apply in the area described in section 697.7(b)(3) of title 50, Code of Federal Regulations, commonly referred to as the Block Island Sound transit zone. SEC. 505. FUNDING FOR MONITORING IMPLEMENTATION OF NORTHEAST MULTISPECIES FISHERY MANAGEMENT PLAN. Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking ``pursuant to this section'' and all that follows through the end of the sentence and inserting ``to enforce and monitor (including electronic monitoring) implementation of that Plan.''. TITLE VI--REEF ASSASSIN ACT SEC. 601. SHORT TITLE. This title may be cited as the ``Reef Assassin Act''. SEC. 602. ENCOURAGING ELIMINATION OF LIONFISH. (a) In General.--Title III of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.) is amended by adding at the end the following: ``SEC. 321. ENCOURAGING ELIMINATION OF LIONFISH. ``(a) In General.--Subject to the approval of an exempted fishing permit submitted by a participating State, the Secretary shall issue regulations under which a participating State may issue to an individual submitting lionfish taken in Federal or State waters a tag authorizing the taking of a fish of a covered species in Federal waters in addition to any other fish of that species the individual is authorized to take in Federal waters. ``(b) Requirements for Issuance of Tag.--The regulations shall require-- ``(1) the submission of 100 lionfish for each tag issued; ``(2) that lionfish taken in State waters must be taken by an individual holding a valid license to engage in such fishing issued under the laws of such State; and ``(3) that each lionfish shall be submitted by removing the tail, placing it in a resealable plastic bag, and submitting such bag to a participating State before the tail has significantly deteriorated. ``(c) No Limitation on Number of Tags.--The regulations shall not limit the number of tags that may be issued to an individual. ``(d) Use of Tags.--The regulations shall provide that a tag issued under the regulations-- ``(1) shall be valid for the 5-year period beginning on the date it is issued; ``(2) shall authorize only the recreational or commercial taking of a fish that complies with any size limit that otherwise applies to fishing for such fish in the waters in which it is taken; ``(3) shall authorize such taking without regard to any seasonal limitation that otherwise applies to the species of fish taken; ``(4) shall authorize-- ``(A) the transfer of tags to any other person; and ``(B) use of transferred tags in the same manner as such tags may be used by the person to whom the tags were issued; ``(5) shall require that any fish taken under such tag outside any seasonal limitation that otherwise applies to such fish must have the tag fastened between the mouth and gill before being placed in any cooler; and ``(6) shall only be utilized for species caught in the same water adjacent a State where the lionfish were originally caught. ``(e) Approval of State To Participate.-- ``(1) Conditions.--The regulations shall require that as a condition of approving a State to issue tags under this section the Secretary shall require the State to designate a repository for lionfish submitted for such tags. ``(2) Provision of freezer.--The Secretary shall provide to each participating State freezers in which to store submitted lionfish, at a cost of not more than $500 for each freezer. ``(f) Additional Requirements.--The Secretary shall-- ``(1) encourage participating States to use existing infrastructure and staff or volunteers to conduct the State's program under this section; ``(2) include on the webpage of the National Marine Fisheries Service information about the program under this section; and ``(3) encourage State and local governments to work with retailers and distributors to advance the purchasing and consumption of lionfish. ``(g) Other Provisions Not Affected.-- ``(1) In general.--This section-- ``(A) is intended to protect species of fish that are native to waters of the United States or the exclusive economic zone; and ``(B) shall not be construed to constrain any fishery, fishing quota, or fishing allocation. ``(2) Limitation on consideration of tags.--This section and tags issued or authorized to be issued under this section shall not be considered in any determination of fishing levels, quotas, or allocations. ``(h) Definition.--In this section-- ``(1) the term `covered fish'-- ``(A) except as provided in subparagraph (B), means red snapper, gag grouper, triggerfish, amberjack; and ``(B) does not include any species included in a list of endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and ``(2) the term `participating State' means a State that has applied and been approved by the Secretary to issue tags under regulations under this section.''. (b) Clerical Amendment.--The table of contents in the first section of such Act is amended by adding at the end of the items relating to title III the following: ``Sec. 301. Encouraging elimination of lionfish.''. (c) Deadline for Regulations.--The Secretary of Commerce shall issue regulations under the amendment made by subsection (a) by not later than 60 days after the approval of an exempted fishing permit submitted by a participating State. (d) Restriction.--Nothing in section 321 of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this Act, shall be construed as to allow for the transfer of fisheries allocation or catch among the various States. all
H.R. 5 (Engrossed in House) - Equality Act	https://www.govinfo.gov/content/pkg/BILLS-117hr5eh/html/BILLS-117hr5eh.htm	DOC 117th CONGRESS 1st Session H. R. 5 _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equality Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Discrimination can occur on the basis of the sex, sexual orientation, gender identity, pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes. Each of these factors alone can serve as the basis for discrimination, and each is a form of sex discrimination. (2) A single instance of discrimination may have more than one basis. For example, discrimination against a married same- sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the two individuals in the couple, or both. In addition, some persons are subjected to discrimination based on a combination or the intersection of multiple protected characteristics. Discrimination against a pregnant lesbian could be based on her sex, her sexual orientation, her pregnancy, or on the basis of multiple factors. (3) Lesbian, gay, bisexual, transgender, and queer (referred to as ``LGBTQ'') people commonly experience discrimination in securing access to public accommodations-- including restaurants, senior centers, stores, places of or establishments that provide entertainment, health care facilities, shelters, government offices, youth service providers including adoption and foster care providers, and transportation. Forms of discrimination include the exclusion and denial of entry, unequal or unfair treatment, harassment, and violence. This discrimination prevents the full participation of LGBTQ people in society and disrupts the free flow of commerce. (4) Women also have faced discrimination in many establishments such as stores and restaurants, and places or establishments that provide other goods or services, such as entertainment or transportation, including sexual harassment, differential pricing for substantially similar products and services, and denial of services because they are pregnant or breastfeeding. (5) Many employers already and continue to take proactive steps, beyond those required by some States and localities, to ensure they are fostering positive and respectful cultures for all employees. Many places of public accommodation also recognize the economic imperative to offer goods and services to as many consumers as possible. (6) Regular and ongoing discrimination against LGBTQ people, as well as women, in accessing public accommodations contributes to negative social and economic outcomes, and in the case of public accommodations operated by State and local governments, abridges individuals' constitutional rights. (7) The discredited practice known as ``conversion therapy'' is a form of discrimination that harms LGBTQ people by undermining individuals' sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second-class status. (8) Both LGBTQ people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance. Such discrimination-- (A) is particularly troubling and inappropriate for programs and services funded wholly or in part by the Federal Government; (B) undermines national progress toward equal treatment regardless of sex, sexual orientation, or gender identity; and (C) is inconsistent with the constitutional principle of equal protection under the Fourteenth Amendment to the Constitution of the United States. (9) Federal courts have widely recognized that, in enacting the Civil Rights Act of 1964, Congress validly invoked its powers under the Fourteenth Amendment to provide a full range of remedies in response to persistent, widespread, and pervasive discrimination by both private and government actors. (10) Discrimination by State and local governments on the basis of sexual orientation or gender identity in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance, violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. In many circumstances, such discrimination also violates other constitutional rights such as those of liberty and privacy under the due process clause of the Fourteenth Amendment. (11) Individuals who are LGBTQ, or are perceived to be LGBTQ, have been subjected to a history and pattern of persistent, widespread, and pervasive discrimination on the bases of sexual orientation and gender identity by both private sector and Federal, State, and local government actors, including in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance. This discrimination inflicts a range of tangible and intangible harms, sometimes even including serious physical injury or death. An explicit and comprehensive national solution is needed to address this discrimination, including the full range of remedies available under the Civil Rights Act of 1964. (12) Discrimination based on sexual orientation includes discrimination based on an individual's actual or perceived romantic, emotional, physical, or sexual attraction to other persons, or lack thereof, on the basis of gender. LGBTQ people, including gender nonbinary people, also commonly experience discrimination because of sex-based stereotypes. Many people are subjected to discrimination because of others' perceptions or beliefs regarding their sexual orientation. Even if these perceptions are incorrect, the identity imputed by others forms the basis of discrimination. (13) Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal courts and agencies have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Supreme Court of the United States correctly held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) that the prohibition on employment discrimination because of sex under title VII of the Civil Rights Act of 1964 inherently includes discrimination because of sexual orientation or transgender status. (14) This Act makes explicit that existing Federal statutes prohibiting sex discrimination in employment (including in access to benefits), healthcare, housing, education, credit, and jury service also prohibit sexual orientation and gender identity discrimination. (15) LGBTQ people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. LGBTQ people in same-sex relationships are often discriminated against when two names associated with one gender appear on a housing application, and transgender people often encounter discrimination when credit checks or inquiries reveal a former name. (16) National surveys, including a study commissioned by the Department of Housing and Urban Development, show that housing discrimination against LGBTQ people is very prevalent. For instance, when same-sex couples inquire about housing that is available for rent, they are less likely to receive positive responses from landlords. A national matched-pair testing investigation found that nearly one-half of same-sex couples had encountered adverse, differential treatment when seeking elder housing. According to other studies, transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness. Another survey found that 82 percent of gender nonbinary people experiencing homelessness lacked access to shelter. (17) As a result of the absence of explicit prohibitions against discrimination on the basis of sexual orientation and gender identity, credit applicants who are LGBTQ, or are perceived to be LGBTQ, have unequal opportunities to establish credit. LGBTQ people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity. (18) Numerous studies demonstrate that LGBTQ people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people. For example, the poverty rate for older women in same-sex couples is twice that of older different-sex couples. (19) The right to an impartial jury of one's peers and the reciprocal right to jury service are fundamental to the free and democratic system of justice in the United States and are based in the Bill of Rights. There is, however, an unfortunate and long-documented history in the United States of attorneys discriminating against LGBTQ individuals, or those perceived to be LGBTQ, in jury selection. Failure to bar peremptory challenges based on the actual or perceived sexual orientation or gender identity of an individual not only erodes a fundamental right, duty, and obligation of being a citizen of the United States, but also unfairly creates a second class of citizenship for LGBTQ victims, witnesses, plaintiffs, and defendants. (20) Numerous studies document the shortage of qualified and available homes for the approximately 424,000 youth in the child welfare system and the negative outcomes for the many youth who live in group care as opposed to a loving home or who age out of care without a permanent family placement. Although same-sex couples are 7 times more likely to foster or adopt than their different-sex counterparts, many child-placing agencies refuse to serve same-sex couples and LGBTQ individuals. This has resulted in a reduction of the pool of qualified and available homes for youth in the child welfare system who need placement on a temporary or permanent basis. It also sends a negative message about LGBTQ people to children and youth in the child welfare system about who is, and who is not, considered fit to be a parent. While the priority should be on providing the supports necessary to keep children with their families, when removal is required, barring discrimination in foster care and adoption will increase the number of homes available to foster children waiting for foster and adoptive families. (21) LGBTQ youth are overrepresented in the foster care system by at least a factor of two and report twice the rate of poor treatment while in care compared to their non-LGBTQ counterparts. LGBTQ youth in foster care have a higher average number of placements, higher likelihood of living in a group home, and higher rates of hospitalization for emotional reasons and of juvenile justice involvement than their non-LGBTQ peers because of the high level of bias and discrimination that they face and the difficulty of finding affirming foster placements. Further, due to their physical distance from friends and family, traumatic experiences, and potentially unstable living situations, all youth involved with child welfare services are at risk for being targeted by traffickers seeking to exploit children. Barring discrimination in child welfare services will ensure improved treatment and outcomes for LGBTQ foster children. (22) Courts consistently have found that the government has a compelling interest in preventing and remedying discrimination. For example, the Supreme Court of the United States found there to be a compelling government interest in eliminating sex discrimination in Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537, 549 (1987). Because discrimination based on sexual orientation or gender identity inherently is a form of sex discrimination, as held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), this Act furthers the compelling government interest in providing redress for the serious harms to mental and physical health, financial security and wellbeing, civic participation, freedom of movement and opportunity, personal dignity, and physical safety that result from discrimination. Consistent with the role nondiscrimination laws play in protecting lives and livelihoods, alleviating suffering, and improving individual and public health, the Supreme Court of the United States has long recognized, under the decision in Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), that these laws also benefit society as a whole by ending the ``disruptive effect'' discrimination has on travel and commerce, and by creating a level field for all participants in a given sector. (23) As with all prohibitions on invidious discrimination, this Act furthers the government's compelling interest in the least restrictive way because only by forbidding discrimination is it possible to avert or redress the harms described in this subsection. (b) Purpose.--It is the purpose of this Act to expand as well as clarify, confirm and create greater consistency in the protections and remedies against discrimination on the basis of all covered characteristics and to provide guidance and notice to individuals, organizations, corporations, and agencies regarding their obligations under the law. SEC. 3. PUBLIC ACCOMMODATIONS. (a) Prohibition on Discrimination or Segregation in Public Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended-- (1) in subsection (a), by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, public gathering, or public display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. (b) Prohibition on Discrimination or Segregation Under Law.-- Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. (c) Rule of Construction.--Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following: ``SEC. 208. RULE OF CONSTRUCTION. ``A reference in this title to an establishment-- ``(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and ``(2) shall not be construed to be limited to a physical facility or place.''. SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. Section 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. (a) Definitions.--Section 401(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. (b) Civil Actions by the Attorney General.--Section 407 of such Act (42 U.S.C. 2000c-6) is amended, in subsection (a)(2), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. (c) Classification and Assignment.--Section 410 of such Act (42 U.S.C. 2000c-9) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. SEC. 6. FEDERAL FUNDING. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin,''. SEC. 7. EMPLOYMENT. (a) Rules of Construction.--Title VII of the Civil Rights Act of 1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the following: ``SEC. 701A. RULES OF CONSTRUCTION. ``Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an `unlawful practice' shall be considered to be a reference to an `unlawful employment practice'.''. (b) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended-- (1) in the section header, by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) except in subsection (e), by striking ``sex,'' each place it appears and inserting ``sex (including sexual orientation and gender identity),''; (3) in subsection (e)(1), by striking ``enterprise,'' and inserting ``enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity,''; and (4) in subsection (h), by striking ``sex'' the second place it appears and inserting ``sex (including sexual orientation and gender identity),''. (c) Other Unlawful Employment Practices.--Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is amended-- (1) by striking ``sex,'' the first place it appears and inserting ``sex (including sexual orientation and gender identity),''; and (2) by striking ``employment.'' and inserting ``employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.''. (d) Claims.--Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e-5(g)(2)(A)) is amended by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''. (e) Employment by Federal Government.--Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended-- (1) in subsection (a), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; and (2) in subsection (c), by striking ``sex'' and inserting ``sex (including sexual orientation and gender identity),''. (f) Government Employee Rights Act of 1991.--The Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is amended-- (1) in section 301(b), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) in section 302(a)(1), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; and (3) by adding at the end the following: ``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability'.''. (g) Congressional Accountability Act of 1995.--The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended-- (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''; and (2) by adding at the end of title II (42 U.S.C. 1311 et seq.) the following: ``SEC. 209. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex (including sexual orientation and gender identity), national origin, age, or disability'.''. (h) Civil Service Reform Act of 1978.--Chapter 23 of title 5, United States Code, is amended-- (1) in section 2301(b)(2), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) in section 2302-- (A) in subsection (b)(1)(A), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''; and (B) in subsection (d)(1), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin;''; and (3) by adding at the end the following: ``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex (including sexual orientation and gender identity), national origin, age, a handicapping condition, marital status, or political affiliation'.''. SEC. 8. INTERVENTION. Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h-2) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''. SEC. 9. MISCELLANEOUS. Title XI of the Civil Rights Act of 1964 is amended-- (1) by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5, 2000h-6) as sections 1102 through 1105 and sections 1108 and 1109, respectively; (2) by inserting after the title heading the following: ``SEC. 1101. DEFINITIONS AND RULES. ``(a) Definitions.--In titles II, III, IV, VI, VII, and IX (referred to individually in sections 1106 and 1107 as a `covered title'): ``(1) Race; color; religion; sex; sexual orientation; gender identity; national origin.--The term `race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), or `national origin', used with respect to an individual, includes-- ``(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. ``(4) Sex.--The term `sex' includes-- ``(A) a sex stereotype; ``(B) pregnancy, childbirth, or a related medical condition; ``(C) sexual orientation or gender identity; and ``(D) sex characteristics, including intersex traits. ``(5) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality. ``(b) Rules.--In a covered title referred to in subsection (a)-- ``(1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and ``(2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.''; and (3) by inserting after section 1105 the following: ``SEC. 1106. RULES OF CONSTRUCTION. ``(a) Sex.--Nothing in section 1101 or the provisions of a covered title incorporating a term defined or a rule specified in that section shall be construed-- ``(1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, or a related medical condition provided by section 701(k); or ``(2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than that covered title, prohibiting a practice on the basis of sex. ``(b) Claims and Remedies Not Precluded.--Nothing in section 1101 or a covered title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation and gender identity), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the Equality Act, regulation, or policy. ``(c) No Negative Inference.--Nothing in section 1101 or a covered title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. ``SEC. 1107. CLAIMS. ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.''. SEC. 10. HOUSING. (a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Gender identity', `sex', and `sexual orientation' have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964. ``(q) `Race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), `handicap', `familial status', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin, respectively, of the individual.''; (2) in section 804, by inserting ``(including sexual orientation and gender identity),'' after ``sex,'' each place that term appears; (3) in section 805, by inserting ``(including sexual orientation and gender identity),'' after ``sex,'' each place that term appears; (4) in section 806, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (5) in section 808(e)(6), by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; and (6) by adding at the end the following: ``SEC. 821. RULES OF CONSTRUCTION. ``Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1101(b) or 1106 to a `covered title' shall be considered a reference to `this title and section 901'. ``SEC. 822. CLAIMS. ``Section 1107 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1107 to a `covered title' shall be considered a reference to `this title and section 901'.''. (b) Prevention of Intimidation in Fair Housing Cases.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``(including sexual orientation (as such term is defined in section 802 of this Act) and gender identity (as such term is defined in section 802 of this Act)),'' after ``sex,'' each place that term appears. SEC. 11. EQUAL CREDIT OPPORTUNITY. (a) Prohibited Discrimination.--Section 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended by inserting ``(including sexual orientation and gender identity),'' after ``sex''. (b) Definitions.--Section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; (2) by inserting after subsection (e) the following: ``(f) The terms `gender identity', `sex', and `sexual orientation' have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964. ``(g) The term `race', `color', `religion', `national origin', `sex' (including `sexual orientation' and `gender identity'), `marital status', or `age', used with respect to an individual, includes-- ``(1) the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of the individual.''; and (3) by adding at the end the following: ``(j) Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application-- ``(1) a reference in those sections to a `covered title' shall be considered a reference to `this title'; and ``(2) paragraph (1) of such section 1101(b) shall apply with respect to all aspects of a credit transaction.''. (c) Relation to State Laws.--Section 705(a) of the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) is amended by inserting ``(including sexual orientation and gender identity),'' after ``sex''. (d) Civil Liability.--Section 706 of the Equal Credit Opportunity Act (15 U.S.C. 1691e) is amended by adding at the end the following: ``(l) Section 1107 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application, a reference in that section to a `covered title' shall be considered a reference to `this title'.''. SEC. 12. JURIES. (a) In General.--Chapter 121 of title 28, United States Code, is amended-- (1) in section 1862, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (2) in section 1867(e), in the second sentence, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (3) in section 1869-- (A) in subsection (j), by striking ``and'' at the end; (B) in subsection (k), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(l) `gender identity', `sex', and `sexual orientation' have the meanings given such terms under section 1101(a) of the Civil Rights Act of 1964; and ``(m) `race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), `economic status', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of the individual.''; and (4) by adding at the end the following: ``Sec. 1879. Rules of construction and claims ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter, except that for purposes of that application, a reference in those sections to a `covered title' shall be considered a reference to `this chapter'.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 121 of title 28, United States Code, is amended by adding at the end the following: ``1879. Rules of construction and claims.''. Passed the House of Representatives February 25, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 5 _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes.
H.R. 5 (Introduced in House) - Equality Act	https://www.govinfo.gov/content/pkg/BILLS-117hr5ih/html/BILLS-117hr5ih.htm	DOC 117th CONGRESS 1st Session H. R. 5 To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 18, 2021 Mr. Cicilline (for himself, Mr. Pocan, Mr. Sean Patrick Maloney of New York, Mr. Takano, Ms. Craig, Ms. Davids of Kansas, Mr. Pappas, Mr. Jones, Mr. Torres of New York, Mr. Nadler, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. Auchincloss, Mrs. Axne, Ms. Barragan, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Ms. Bourdeaux, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Ms. Bush, Mrs. Bustos, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. Cartwright, Mr. Case, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Chu, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, Mr. Courtney, Mr. Crist, Mr. Crow, Mr. Cuellar, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Doggett, Mr. Michael F. Doyle of Pennsylvania, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Ms. Garcia of Texas, Mr. Golden, Mr. Gomez, Mr. Gottheimer, Mr. Green of Texas, Mr. Grijalva, Ms. Haaland, Mr. Harder of California, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Himes, Mr. Horsford, Ms. Houlahan, Mr. Huffman, Ms. Jackson Lee, Ms. Jacobs of California, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Kahele, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Kind, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lamb, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Ms. Manning, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mrs. Murphy of Florida, Mrs. Napolitano, Mr. Neal, Mr. Neguse, Ms. Newman, Mr. Norcross, Ms. Norton, Mr. O'Halleran, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Payne, Mr. Perlmutter, Mr. Peters, Mr. Phillips, Ms. Pingree, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal- Allard, Mr. Ruiz, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Mr. Sablan, Mr. San Nicolas, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Schrader, Ms. Schrier, Mr. Scott of Virginia, Mr. David Scott of Georgia, Ms. Sewell, Mr. Sherman, Ms. Sherrill, Mr. Sires, Ms. Slotkin, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Speier, Mr. Stanton, Ms. Stevens, Ms. Strickland, Mr. Suozzi, Mr. Swalwell, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of California, Mrs. Trahan, Mr. Trone, Ms. Underwood, Mr. Vargas, Mr. Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, Mr. Yarmuth, Ms. Plaskett, Mr. Garcia of Illinois, Mr. Butterfield, Mr. Mfume, Mr. Bowman, and Ms. Fudge) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and Labor, Financial Services, Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equality Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Discrimination can occur on the basis of the sex, sexual orientation, gender identity, pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes. Each of these factors alone can serve as the basis for discrimination, and each is a form of sex discrimination. (2) A single instance of discrimination may have more than one basis. For example, discrimination against a married same- sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the two individuals in the couple, or both. In addition, some persons are subjected to discrimination based on a combination or the intersection of multiple protected characteristics. Discrimination against a pregnant lesbian could be based on her sex, her sexual orientation, her pregnancy, or on the basis of multiple factors. (3) Lesbian, gay, bisexual, transgender, and queer (referred to as ``LGBTQ'') people commonly experience discrimination in securing access to public accommodations-- including restaurants, senior centers, stores, places of or establishments that provide entertainment, health care facilities, shelters, government offices, youth service providers including adoption and foster care providers, and transportation. Forms of discrimination include the exclusion and denial of entry, unequal or unfair treatment, harassment, and violence. This discrimination prevents the full participation of LGBTQ people in society and disrupts the free flow of commerce. (4) Women also have faced discrimination in many establishments such as stores and restaurants, and places or establishments that provide other goods or services, such as entertainment or transportation, including sexual harassment, differential pricing for substantially similar products and services, and denial of services because they are pregnant or breastfeeding. (5) Many employers already and continue to take proactive steps, beyond those required by some States and localities, to ensure they are fostering positive and respectful cultures for all employees. Many places of public accommodation also recognize the economic imperative to offer goods and services to as many consumers as possible. (6) Regular and ongoing discrimination against LGBTQ people, as well as women, in accessing public accommodations contributes to negative social and economic outcomes, and in the case of public accommodations operated by State and local governments, abridges individuals' constitutional rights. (7) The discredited practice known as ``conversion therapy'' is a form of discrimination that harms LGBTQ people by undermining individuals' sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second-class status. (8) Both LGBTQ people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance. Such discrimination-- (A) is particularly troubling and inappropriate for programs and services funded wholly or in part by the Federal Government; (B) undermines national progress toward equal treatment regardless of sex, sexual orientation, or gender identity; and (C) is inconsistent with the constitutional principle of equal protection under the Fourteenth Amendment to the Constitution of the United States. (9) Federal courts have widely recognized that, in enacting the Civil Rights Act of 1964, Congress validly invoked its powers under the Fourteenth Amendment to provide a full range of remedies in response to persistent, widespread, and pervasive discrimination by both private and government actors. (10) Discrimination by State and local governments on the basis of sexual orientation or gender identity in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance, violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. In many circumstances, such discrimination also violates other constitutional rights such as those of liberty and privacy under the due process clause of the Fourteenth Amendment. (11) Individuals who are LGBTQ, or are perceived to be LGBTQ, have been subjected to a history and pattern of persistent, widespread, and pervasive discrimination on the bases of sexual orientation and gender identity by both private sector and Federal, State, and local government actors, including in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance. This discrimination inflicts a range of tangible and intangible harms, sometimes even including serious physical injury or death. An explicit and comprehensive national solution is needed to address this discrimination, including the full range of remedies available under the Civil Rights Act of 1964. (12) Discrimination based on sexual orientation includes discrimination based on an individual's actual or perceived romantic, emotional, physical, or sexual attraction to other persons, or lack thereof, on the basis of gender. LGBTQ people, including gender nonbinary people, also commonly experience discrimination because of sex-based stereotypes. Many people are subjected to discrimination because of others' perceptions or beliefs regarding their sexual orientation. Even if these perceptions are incorrect, the identity imputed by others forms the basis of discrimination. (13) Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal courts and agencies have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Supreme Court of the United States correctly held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) that the prohibition on employment discrimination because of sex under title VII of the Civil Rights Act of 1964 inherently includes discrimination because of sexual orientation or transgender status. (14) This Act makes explicit that existing Federal statutes prohibiting sex discrimination in employment (including in access to benefits), healthcare, housing, education, credit, and jury service also prohibit sexual orientation and gender identity discrimination. (15) LGBTQ people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. LGBTQ people in same-sex relationships are often discriminated against when two names associated with one gender appear on a housing application, and transgender people often encounter discrimination when credit checks or inquiries reveal a former name. (16) National surveys, including a study commissioned by the Department of Housing and Urban Development, show that housing discrimination against LGBTQ people is very prevalent. For instance, when same-sex couples inquire about housing that is available for rent, they are less likely to receive positive responses from landlords. A national matched-pair testing investigation found that nearly one-half of same-sex couples had encountered adverse, differential treatment when seeking elder housing. According to other studies, transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness. Another survey found that 82 percent of gender nonbinary people experiencing homelessness lacked access to shelter. (17) As a result of the absence of explicit prohibitions against discrimination on the basis of sexual orientation and gender identity, credit applicants who are LGBTQ, or are perceived to be LGBTQ, have unequal opportunities to establish credit. LGBTQ people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity. (18) Numerous studies demonstrate that LGBTQ people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people. For example, the poverty rate for older women in same-sex couples is twice that of older different-sex couples. (19) The right to an impartial jury of one's peers and the reciprocal right to jury service are fundamental to the free and democratic system of justice in the United States and are based in the Bill of Rights. There is, however, an unfortunate and long-documented history in the United States of attorneys discriminating against LGBTQ individuals, or those perceived to be LGBTQ, in jury selection. Failure to bar peremptory challenges based on the actual or perceived sexual orientation or gender identity of an individual not only erodes a fundamental right, duty, and obligation of being a citizen of the United States, but also unfairly creates a second class of citizenship for LGBTQ victims, witnesses, plaintiffs, and defendants. (20) Numerous studies document the shortage of qualified and available homes for the approximately 424,000 youth in the child welfare system and the negative outcomes for the many youth who live in group care as opposed to a loving home or who age out of care without a permanent family placement. Although same-sex couples are 7 times more likely to foster or adopt than their different-sex counterparts, many child-placing agencies refuse to serve same-sex couples and LGBTQ individuals. This has resulted in a reduction of the pool of qualified and available homes for youth in the child welfare system who need placement on a temporary or permanent basis. It also sends a negative message about LGBTQ people to children and youth in the child welfare system about who is, and who is not, considered fit to be a parent. While the priority should be on providing the supports necessary to keep children with their families, when removal is required, barring discrimination in foster care and adoption will increase the number of homes available to foster children waiting for foster and adoptive families. (21) LGBTQ youth are overrepresented in the foster care system by at least a factor of two and report twice the rate of poor treatment while in care compared to their non-LGBTQ counterparts. LGBTQ youth in foster care have a higher average number of placements, higher likelihood of living in a group home, and higher rates of hospitalization for emotional reasons and of juvenile justice involvement than their non-LGBTQ peers because of the high level of bias and discrimination that they face and the difficulty of finding affirming foster placements. Further, due to their physical distance from friends and family, traumatic experiences, and potentially unstable living situations, all youth involved with child welfare services are at risk for being targeted by traffickers seeking to exploit children. Barring discrimination in child welfare services will ensure improved treatment and outcomes for LGBTQ foster children. (22) Courts consistently have found that the government has a compelling interest in preventing and remedying discrimination. For example, the Supreme Court of the United States found there to be a compelling government interest in eliminating sex discrimination in Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537, 549 (1987). Because discrimination based on sexual orientation or gender identity inherently is a form of sex discrimination, as held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), this Act furthers the compelling government interest in providing redress for the serious harms to mental and physical health, financial security and wellbeing, civic participation, freedom of movement and opportunity, personal dignity, and physical safety that result from discrimination. Consistent with the role nondiscrimination laws play in protecting lives and livelihoods, alleviating suffering, and improving individual and public health, the Supreme Court of the United States has long recognized, under the decision in Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), that these laws also benefit society as a whole by ending the ``disruptive effect'' discrimination has on travel and commerce, and by creating a level field for all participants in a given sector. (23) As with all prohibitions on invidious discrimination, this Act furthers the government's compelling interest in the least restrictive way because only by forbidding discrimination is it possible to avert or redress the harms described in this subsection. (b) Purpose.--It is the purpose of this Act to expand as well as clarify, confirm and create greater consistency in the protections and remedies against discrimination on the basis of all covered characteristics and to provide guidance and notice to individuals, organizations, corporations, and agencies regarding their obligations under the law. SEC. 3. PUBLIC ACCOMMODATIONS. (a) Prohibition on Discrimination or Segregation in Public Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended-- (1) in subsection (a), by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, public gathering, or public display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. (b) Prohibition on Discrimination or Segregation Under Law.-- Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. (c) Rule of Construction.--Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following: ``SEC. 208. RULE OF CONSTRUCTION. ``A reference in this title to an establishment-- ``(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and ``(2) shall not be construed to be limited to a physical facility or place.''. SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. Section 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. (a) Definitions.--Section 401(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. (b) Civil Actions by the Attorney General.--Section 407 of such Act (42 U.S.C. 2000c-6) is amended, in subsection (a)(2), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. (c) Classification and Assignment.--Section 410 of such Act (42 U.S.C. 2000c-9) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. SEC. 6. FEDERAL FUNDING. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin,''. SEC. 7. EMPLOYMENT. (a) Rules of Construction.--Title VII of the Civil Rights Act of 1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the following: ``SEC. 701A. RULES OF CONSTRUCTION. ``Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an `unlawful practice' shall be considered to be a reference to an `unlawful employment practice'.''. (b) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended-- (1) in the section header, by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) except in subsection (e), by striking ``sex,'' each place it appears and inserting ``sex (including sexual orientation and gender identity),''; (3) in subsection (e)(1), by striking ``enterprise,'' and inserting ``enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity,''; and (4) in subsection (h), by striking ``sex'' the second place it appears and inserting ``sex (including sexual orientation and gender identity),''. (c) Other Unlawful Employment Practices.--Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is amended-- (1) by striking ``sex,'' the first place it appears and inserting ``sex (including sexual orientation and gender identity),''; and (2) by striking ``employment.'' and inserting ``employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.''. (d) Claims.--Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e-5(g)(2)(A)) is amended by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''. (e) Employment by Federal Government.--Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended-- (1) in subsection (a), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; and (2) in subsection (c), by striking ``sex'' and inserting ``sex (including sexual orientation and gender identity),''. (f) Government Employee Rights Act of 1991.--The Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is amended-- (1) in section 301(b), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) in section 302(a)(1), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; and (3) by adding at the end the following: ``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability'.''. (g) Congressional Accountability Act of 1995.--The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended-- (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''; and (2) by adding at the end of title II (42 U.S.C. 1311 et seq.) the following: ``SEC. 209. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex (including sexual orientation and gender identity), national origin, age, or disability'.''. (h) Civil Service Reform Act of 1978.--Chapter 23 of title 5, United States Code, is amended-- (1) in section 2301(b)(2), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) in section 2302-- (A) in subsection (b)(1)(A), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''; and (B) in subsection (d)(1), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin;''; and (3) by adding at the end the following: ``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex (including sexual orientation and gender identity), national origin, age, a handicapping condition, marital status, or political affiliation'.''. SEC. 8. INTERVENTION. Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h-2) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''. SEC. 9. MISCELLANEOUS. Title XI of the Civil Rights Act of 1964 is amended-- (1) by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5, 2000h-6) as sections 1102 through 1105 and sections 1108 and 1109, respectively; (2) by inserting after the title heading the following: ``SEC. 1101. DEFINITIONS AND RULES. ``(a) Definitions.--In titles II, III, IV, VI, VII, and IX (referred to individually in sections 1106 and 1107 as a `covered title'): ``(1) Race; color; religion; sex; sexual orientation; gender identity; national origin.--The term `race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), or `national origin', used with respect to an individual, includes-- ``(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. ``(4) Sex.--The term `sex' includes-- ``(A) a sex stereotype; ``(B) pregnancy, childbirth, or a related medical condition; ``(C) sexual orientation or gender identity; and ``(D) sex characteristics, including intersex traits. ``(5) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality. ``(b) Rules.--In a covered title referred to in subsection (a)-- ``(1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and ``(2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.''; and (3) by inserting after section 1105 the following: ``SEC. 1106. RULES OF CONSTRUCTION. ``(a) Sex.--Nothing in section 1101 or the provisions of a covered title incorporating a term defined or a rule specified in that section shall be construed-- ``(1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, or a related medical condition provided by section 701(k); or ``(2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than that covered title, prohibiting a practice on the basis of sex. ``(b) Claims and Remedies Not Precluded.--Nothing in section 1101 or a covered title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation and gender identity), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the Equality Act, regulation, or policy. ``(c) No Negative Inference.--Nothing in section 1101 or a covered title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. ``SEC. 1107. CLAIMS. ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.''. SEC. 10. HOUSING. (a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Gender identity', `sex', and `sexual orientation' have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964. ``(q) `Race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), `handicap', `familial status', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin, respectively, of the individual.''; (2) in section 804, by inserting ``(including sexual orientation and gender identity),'' after ``sex,'' each place that term appears; (3) in section 805, by inserting ``(including sexual orientation and gender identity),'' after ``sex,'' each place that term appears; (4) in section 806, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (5) in section 808(e)(6), by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; and (6) by adding at the end the following: ``SEC. 821. RULES OF CONSTRUCTION. ``Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1101(b) or 1106 to a `covered title' shall be considered a reference to `this title and section 901'. ``SEC. 822. CLAIMS. ``Section 1107 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1107 to a `covered title' shall be considered a reference to `this title and section 901'.''. (b) Prevention of Intimidation in Fair Housing Cases.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``(including sexual orientation (as such term is defined in section 802 of this Act) and gender identity (as such term is defined in section 802 of this Act)),'' after ``sex,'' each place that term appears. SEC. 11. EQUAL CREDIT OPPORTUNITY. (a) Prohibited Discrimination.--Section 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended by inserting ``(including sexual orientation and gender identity),'' after ``sex''. (b) Definitions.--Section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; (2) by inserting after subsection (e) the following: ``(f) The terms `gender identity', `sex', and `sexual orientation' have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964. ``(g) The term `race', `color', `religion', `national origin', `sex' (including `sexual orientation' and `gender identity'), `marital status', or `age', used with respect to an individual, includes-- ``(1) the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of the individual.''; and (3) by adding at the end the following: ``(j) Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application-- ``(1) a reference in those sections to a `covered title' shall be considered a reference to `this title'; and ``(2) paragraph (1) of such section 1101(b) shall apply with respect to all aspects of a credit transaction.''. (c) Relation to State Laws.--Section 705(a) of the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) is amended by inserting ``(including sexual orientation and gender identity),'' after ``sex''. (d) Civil Liability.--Section 706 of the Equal Credit Opportunity Act (15 U.S.C. 1691e) is amended by adding at the end the following: ``(l) Section 1107 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application, a reference in that section to a `covered title' shall be considered a reference to `this title'.''. SEC. 12. JURIES. (a) In General.--Chapter 121 of title 28, United States Code, is amended-- (1) in section 1862, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (2) in section 1867(e), in the second sentence, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (3) in section 1869-- (A) in subsection (j), by striking ``and'' at the end; (B) in subsection (k), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(l) `gender identity', `sex', and `sexual orientation' have the meanings given such terms under section 1101(a) of the Civil Rights Act of 1964; and ``(m) `race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), `economic status', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of the individual.''; and (4) by adding at the end the following: ``Sec. 1879. Rules of construction and claims ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter, except that for purposes of that application, a reference in those sections to a `covered title' shall be considered a reference to `this chapter'.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 121 of title 28, United States Code, is amended by adding at the end the following: ``1879. Rules of construction and claims.''. all
H.R. 5 (Placed on Calendar Senate) - Equality Act	https://www.govinfo.gov/content/pkg/BILLS-117hr5pcs/html/BILLS-117hr5pcs.htm	DOC Calendar No. 9 117th CONGRESS 1st Session H. R. 5 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 1, 2021 Received March 2 (legislative day, March 1), 2021 Read the first time March 2, 2021 Read the second time and placed on the calendar _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equality Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Discrimination can occur on the basis of the sex, sexual orientation, gender identity, pregnancy, childbirth, or a related medical condition of an individual, as well as because of sex-based stereotypes. Each of these factors alone can serve as the basis for discrimination, and each is a form of sex discrimination. (2) A single instance of discrimination may have more than one basis. For example, discrimination against a married same- sex couple could be based on the sex stereotype that marriage should only be between heterosexual couples, the sexual orientation of the two individuals in the couple, or both. In addition, some persons are subjected to discrimination based on a combination or the intersection of multiple protected characteristics. Discrimination against a pregnant lesbian could be based on her sex, her sexual orientation, her pregnancy, or on the basis of multiple factors. (3) Lesbian, gay, bisexual, transgender, and queer (referred to as ``LGBTQ'') people commonly experience discrimination in securing access to public accommodations-- including restaurants, senior centers, stores, places of or establishments that provide entertainment, health care facilities, shelters, government offices, youth service providers including adoption and foster care providers, and transportation. Forms of discrimination include the exclusion and denial of entry, unequal or unfair treatment, harassment, and violence. This discrimination prevents the full participation of LGBTQ people in society and disrupts the free flow of commerce. (4) Women also have faced discrimination in many establishments such as stores and restaurants, and places or establishments that provide other goods or services, such as entertainment or transportation, including sexual harassment, differential pricing for substantially similar products and services, and denial of services because they are pregnant or breastfeeding. (5) Many employers already and continue to take proactive steps, beyond those required by some States and localities, to ensure they are fostering positive and respectful cultures for all employees. Many places of public accommodation also recognize the economic imperative to offer goods and services to as many consumers as possible. (6) Regular and ongoing discrimination against LGBTQ people, as well as women, in accessing public accommodations contributes to negative social and economic outcomes, and in the case of public accommodations operated by State and local governments, abridges individuals' constitutional rights. (7) The discredited practice known as ``conversion therapy'' is a form of discrimination that harms LGBTQ people by undermining individuals' sense of self worth, increasing suicide ideation and substance abuse, exacerbating family conflict, and contributing to second-class status. (8) Both LGBTQ people and women face widespread discrimination in employment and various services, including by entities that receive Federal financial assistance. Such discrimination-- (A) is particularly troubling and inappropriate for programs and services funded wholly or in part by the Federal Government; (B) undermines national progress toward equal treatment regardless of sex, sexual orientation, or gender identity; and (C) is inconsistent with the constitutional principle of equal protection under the Fourteenth Amendment to the Constitution of the United States. (9) Federal courts have widely recognized that, in enacting the Civil Rights Act of 1964, Congress validly invoked its powers under the Fourteenth Amendment to provide a full range of remedies in response to persistent, widespread, and pervasive discrimination by both private and government actors. (10) Discrimination by State and local governments on the basis of sexual orientation or gender identity in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance, violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. In many circumstances, such discrimination also violates other constitutional rights such as those of liberty and privacy under the due process clause of the Fourteenth Amendment. (11) Individuals who are LGBTQ, or are perceived to be LGBTQ, have been subjected to a history and pattern of persistent, widespread, and pervasive discrimination on the bases of sexual orientation and gender identity by both private sector and Federal, State, and local government actors, including in employment, housing, and public accommodations, and in programs and activities receiving Federal financial assistance. This discrimination inflicts a range of tangible and intangible harms, sometimes even including serious physical injury or death. An explicit and comprehensive national solution is needed to address this discrimination, including the full range of remedies available under the Civil Rights Act of 1964. (12) Discrimination based on sexual orientation includes discrimination based on an individual's actual or perceived romantic, emotional, physical, or sexual attraction to other persons, or lack thereof, on the basis of gender. LGBTQ people, including gender nonbinary people, also commonly experience discrimination because of sex-based stereotypes. Many people are subjected to discrimination because of others' perceptions or beliefs regarding their sexual orientation. Even if these perceptions are incorrect, the identity imputed by others forms the basis of discrimination. (13) Numerous provisions of Federal law expressly prohibit discrimination on the basis of sex, and Federal courts and agencies have correctly interpreted these prohibitions on sex discrimination to include discrimination based on sexual orientation, gender identity, and sex stereotypes. In particular, the Supreme Court of the United States correctly held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020) that the prohibition on employment discrimination because of sex under title VII of the Civil Rights Act of 1964 inherently includes discrimination because of sexual orientation or transgender status. (14) This Act makes explicit that existing Federal statutes prohibiting sex discrimination in employment (including in access to benefits), healthcare, housing, education, credit, and jury service also prohibit sexual orientation and gender identity discrimination. (15) LGBTQ people often face discrimination when seeking to rent or purchase housing, as well as in every other aspect of obtaining and maintaining housing. LGBTQ people in same-sex relationships are often discriminated against when two names associated with one gender appear on a housing application, and transgender people often encounter discrimination when credit checks or inquiries reveal a former name. (16) National surveys, including a study commissioned by the Department of Housing and Urban Development, show that housing discrimination against LGBTQ people is very prevalent. For instance, when same-sex couples inquire about housing that is available for rent, they are less likely to receive positive responses from landlords. A national matched-pair testing investigation found that nearly one-half of same-sex couples had encountered adverse, differential treatment when seeking elder housing. According to other studies, transgender people have half the homeownership rate of non-transgender people and about 1 in 5 transgender people experience homelessness. Another survey found that 82 percent of gender nonbinary people experiencing homelessness lacked access to shelter. (17) As a result of the absence of explicit prohibitions against discrimination on the basis of sexual orientation and gender identity, credit applicants who are LGBTQ, or are perceived to be LGBTQ, have unequal opportunities to establish credit. LGBTQ people can experience being denied a mortgage, credit card, student loan, or many other types of credit simply because of their sexual orientation or gender identity. (18) Numerous studies demonstrate that LGBTQ people, especially transgender people and women, are economically disadvantaged and at a higher risk for poverty compared with other groups of people. For example, the poverty rate for older women in same-sex couples is twice that of older different-sex couples. (19) The right to an impartial jury of one's peers and the reciprocal right to jury service are fundamental to the free and democratic system of justice in the United States and are based in the Bill of Rights. There is, however, an unfortunate and long-documented history in the United States of attorneys discriminating against LGBTQ individuals, or those perceived to be LGBTQ, in jury selection. Failure to bar peremptory challenges based on the actual or perceived sexual orientation or gender identity of an individual not only erodes a fundamental right, duty, and obligation of being a citizen of the United States, but also unfairly creates a second class of citizenship for LGBTQ victims, witnesses, plaintiffs, and defendants. (20) Numerous studies document the shortage of qualified and available homes for the approximately 424,000 youth in the child welfare system and the negative outcomes for the many youth who live in group care as opposed to a loving home or who age out of care without a permanent family placement. Although same-sex couples are 7 times more likely to foster or adopt than their different-sex counterparts, many child-placing agencies refuse to serve same-sex couples and LGBTQ individuals. This has resulted in a reduction of the pool of qualified and available homes for youth in the child welfare system who need placement on a temporary or permanent basis. It also sends a negative message about LGBTQ people to children and youth in the child welfare system about who is, and who is not, considered fit to be a parent. While the priority should be on providing the supports necessary to keep children with their families, when removal is required, barring discrimination in foster care and adoption will increase the number of homes available to foster children waiting for foster and adoptive families. (21) LGBTQ youth are overrepresented in the foster care system by at least a factor of two and report twice the rate of poor treatment while in care compared to their non-LGBTQ counterparts. LGBTQ youth in foster care have a higher average number of placements, higher likelihood of living in a group home, and higher rates of hospitalization for emotional reasons and of juvenile justice involvement than their non-LGBTQ peers because of the high level of bias and discrimination that they face and the difficulty of finding affirming foster placements. Further, due to their physical distance from friends and family, traumatic experiences, and potentially unstable living situations, all youth involved with child welfare services are at risk for being targeted by traffickers seeking to exploit children. Barring discrimination in child welfare services will ensure improved treatment and outcomes for LGBTQ foster children. (22) Courts consistently have found that the government has a compelling interest in preventing and remedying discrimination. For example, the Supreme Court of the United States found there to be a compelling government interest in eliminating sex discrimination in Board of Directors of Rotary International v. Rotary Club of Duarte, 481 U.S. 537, 549 (1987). Because discrimination based on sexual orientation or gender identity inherently is a form of sex discrimination, as held in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), this Act furthers the compelling government interest in providing redress for the serious harms to mental and physical health, financial security and wellbeing, civic participation, freedom of movement and opportunity, personal dignity, and physical safety that result from discrimination. Consistent with the role nondiscrimination laws play in protecting lives and livelihoods, alleviating suffering, and improving individual and public health, the Supreme Court of the United States has long recognized, under the decision in Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), that these laws also benefit society as a whole by ending the ``disruptive effect'' discrimination has on travel and commerce, and by creating a level field for all participants in a given sector. (23) As with all prohibitions on invidious discrimination, this Act furthers the government's compelling interest in the least restrictive way because only by forbidding discrimination is it possible to avert or redress the harms described in this subsection. (b) Purpose.--It is the purpose of this Act to expand as well as clarify, confirm and create greater consistency in the protections and remedies against discrimination on the basis of all covered characteristics and to provide guidance and notice to individuals, organizations, corporations, and agencies regarding their obligations under the law. SEC. 3. PUBLIC ACCOMMODATIONS. (a) Prohibition on Discrimination or Segregation in Public Accommodations.--Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 2000a) is amended-- (1) in subsection (a), by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''; and (2) in subsection (b)-- (A) in paragraph (3), by striking ``stadium'' and all that follows and inserting ``stadium or other place of or establishment that provides exhibition, entertainment, recreation, exercise, amusement, public gathering, or public display;''; (B) by redesignating paragraph (4) as paragraph (6); and (C) by inserting after paragraph (3) the following: ``(4) any establishment that provides a good, service, or program, including a store, shopping center, online retailer or service provider, salon, bank, gas station, food bank, service or care center, shelter, travel agency, or funeral parlor, or establishment that provides health care, accounting, or legal services; ``(5) any train service, bus service, car service, taxi service, airline service, station, depot, or other place of or establishment that provides transportation service; and''. (b) Prohibition on Discrimination or Segregation Under Law.-- Section 202 of such Act (42 U.S.C. 2000a-1) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. (c) Rule of Construction.--Title II of such Act (42 U.S.C. 2000a et seq.) is amended by adding at the end the following: ``SEC. 208. RULE OF CONSTRUCTION. ``A reference in this title to an establishment-- ``(1) shall be construed to include an individual whose operations affect commerce and who is a provider of a good, service, or program; and ``(2) shall not be construed to be limited to a physical facility or place.''. SEC. 4. DESEGREGATION OF PUBLIC FACILITIES. Section 301(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000b(a)) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin''. SEC. 5. DESEGREGATION OF PUBLIC EDUCATION. (a) Definitions.--Section 401(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000c(b)) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. (b) Civil Actions by the Attorney General.--Section 407 of such Act (42 U.S.C. 2000c-6) is amended, in subsection (a)(2), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. (c) Classification and Assignment.--Section 410 of such Act (42 U.S.C. 2000c-9) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin''. SEC. 6. FEDERAL FUNDING. Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is amended by inserting ``sex (including sexual orientation and gender identity),'' before ``or national origin,''. SEC. 7. EMPLOYMENT. (a) Rules of Construction.--Title VII of the Civil Rights Act of 1964 is amended by inserting after section 701 (42 U.S.C. 2000e) the following: ``SEC. 701A. RULES OF CONSTRUCTION. ``Section 1106 shall apply to this title except that for purposes of that application, a reference in that section to an `unlawful practice' shall be considered to be a reference to an `unlawful employment practice'.''. (b) Unlawful Employment Practices.--Section 703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended-- (1) in the section header, by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) except in subsection (e), by striking ``sex,'' each place it appears and inserting ``sex (including sexual orientation and gender identity),''; (3) in subsection (e)(1), by striking ``enterprise,'' and inserting ``enterprise, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity,''; and (4) in subsection (h), by striking ``sex'' the second place it appears and inserting ``sex (including sexual orientation and gender identity),''. (c) Other Unlawful Employment Practices.--Section 704(b) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-3(b)) is amended-- (1) by striking ``sex,'' the first place it appears and inserting ``sex (including sexual orientation and gender identity),''; and (2) by striking ``employment.'' and inserting ``employment, if, in a situation in which sex is a bona fide occupational qualification, individuals are recognized as qualified in accordance with their gender identity.''. (d) Claims.--Section 706(g)(2)(A) of the Civil Rights Act of 1964 (2000e-5(g)(2)(A)) is amended by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''. (e) Employment by Federal Government.--Section 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) is amended-- (1) in subsection (a), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; and (2) in subsection (c), by striking ``sex'' and inserting ``sex (including sexual orientation and gender identity),''. (f) Government Employee Rights Act of 1991.--The Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16a et seq.) is amended-- (1) in section 301(b), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) in section 302(a)(1), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; and (3) by adding at the end the following: ``SEC. 305. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this title except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex, sexual orientation, gender identity, national origin, age, or disability'.''. (g) Congressional Accountability Act of 1995.--The Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) is amended-- (1) in section 201(a)(1) (2 U.S.C. 1311(a)(1)) by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''; and (2) by adding at the end of title II (42 U.S.C. 1311 et seq.) the following: ``SEC. 209. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to section 201 (and remedial provisions of this Act related to section 201) except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex (including sexual orientation and gender identity), national origin, age, or disability'.''. (h) Civil Service Reform Act of 1978.--Chapter 23 of title 5, United States Code, is amended-- (1) in section 2301(b)(2), by striking ``sex,'' and inserting ``sex (including sexual orientation and gender identity),''; (2) in section 2302-- (A) in subsection (b)(1)(A), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''; and (B) in subsection (d)(1), by inserting ``(including sexual orientation and gender identity),'' before ``or national origin;''; and (3) by adding at the end the following: ``SEC. 2307. RULES OF CONSTRUCTION AND CLAIMS. ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter (and remedial provisions of this title related to this chapter) except that for purposes of that application, a reference in that section 1106 to `race, color, religion, sex (including sexual orientation and gender identity), or national origin' shall be considered to be a reference to `race, color, religion, sex (including sexual orientation and gender identity), national origin, age, a handicapping condition, marital status, or political affiliation'.''. SEC. 8. INTERVENTION. Section 902 of the Civil Rights Act of 1964 (42 U.S.C. 2000h-2) is amended by inserting ``(including sexual orientation and gender identity),'' before ``or national origin,''. SEC. 9. MISCELLANEOUS. Title XI of the Civil Rights Act of 1964 is amended-- (1) by redesignating sections 1101 through 1104 (42 U.S.C. 2000h et seq.) and sections 1105 and 1106 (42 U.S.C. 2000h-5, 2000h-6) as sections 1102 through 1105 and sections 1108 and 1109, respectively; (2) by inserting after the title heading the following: ``SEC. 1101. DEFINITIONS AND RULES. ``(a) Definitions.--In titles II, III, IV, VI, VII, and IX (referred to individually in sections 1106 and 1107 as a `covered title'): ``(1) Race; color; religion; sex; sexual orientation; gender identity; national origin.--The term `race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), or `national origin', used with respect to an individual, includes-- ``(A) the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(B) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), or national origin, respectively, of the individual. ``(2) Gender identity.--The term `gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth. ``(3) Including.--The term `including' means including, but not limited to, consistent with the term's standard meaning in Federal law. ``(4) Sex.--The term `sex' includes-- ``(A) a sex stereotype; ``(B) pregnancy, childbirth, or a related medical condition; ``(C) sexual orientation or gender identity; and ``(D) sex characteristics, including intersex traits. ``(5) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality. ``(b) Rules.--In a covered title referred to in subsection (a)-- ``(1) (with respect to sex) pregnancy, childbirth, or a related medical condition shall not receive less favorable treatment than other physical conditions; and ``(2) (with respect to gender identity) an individual shall not be denied access to a shared facility, including a restroom, a locker room, and a dressing room, that is in accordance with the individual's gender identity.''; and (3) by inserting after section 1105 the following: ``SEC. 1106. RULES OF CONSTRUCTION. ``(a) Sex.--Nothing in section 1101 or the provisions of a covered title incorporating a term defined or a rule specified in that section shall be construed-- ``(1) to limit the protection against an unlawful practice on the basis of pregnancy, childbirth, or a related medical condition provided by section 701(k); or ``(2) to limit the protection against an unlawful practice on the basis of sex available under any provision of Federal law other than that covered title, prohibiting a practice on the basis of sex. ``(b) Claims and Remedies Not Precluded.--Nothing in section 1101 or a covered title shall be construed to limit the claims or remedies available to any individual for an unlawful practice on the basis of race, color, religion, sex (including sexual orientation and gender identity), or national origin including claims brought pursuant to section 1979 or 1980 of the Revised Statutes (42 U.S.C. 1983, 1985) or any other law, including a Federal law amended by the Equality Act, regulation, or policy. ``(c) No Negative Inference.--Nothing in section 1101 or a covered title shall be construed to support any inference that any Federal law prohibiting a practice on the basis of sex does not prohibit discrimination on the basis of pregnancy, childbirth, or a related medical condition, sexual orientation, gender identity, or a sex stereotype. ``SEC. 1107. CLAIMS. ``The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.''. SEC. 10. HOUSING. (a) Fair Housing Act.--The Fair Housing Act (42 U.S.C. 3601 et seq.) is amended-- (1) in section 802 (42 U.S.C. 3602), by adding at the end the following: ``(p) `Gender identity', `sex', and `sexual orientation' have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964. ``(q) `Race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), `handicap', `familial status', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), handicap, familial status, or national origin, respectively, of the individual.''; (2) in section 804, by inserting ``(including sexual orientation and gender identity),'' after ``sex,'' each place that term appears; (3) in section 805, by inserting ``(including sexual orientation and gender identity),'' after ``sex,'' each place that term appears; (4) in section 806, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (5) in section 808(e)(6), by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; and (6) by adding at the end the following: ``SEC. 821. RULES OF CONSTRUCTION. ``Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1101(b) or 1106 to a `covered title' shall be considered a reference to `this title and section 901'. ``SEC. 822. CLAIMS. ``Section 1107 of the Civil Rights Act of 1964 shall apply to this title and section 901, except that for purposes of that application, a reference in that section 1107 to a `covered title' shall be considered a reference to `this title and section 901'.''. (b) Prevention of Intimidation in Fair Housing Cases.--Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended by inserting ``(including sexual orientation (as such term is defined in section 802 of this Act) and gender identity (as such term is defined in section 802 of this Act)),'' after ``sex,'' each place that term appears. SEC. 11. EQUAL CREDIT OPPORTUNITY. (a) Prohibited Discrimination.--Section 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended by inserting ``(including sexual orientation and gender identity),'' after ``sex''. (b) Definitions.--Section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) is amended-- (1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively; (2) by inserting after subsection (e) the following: ``(f) The terms `gender identity', `sex', and `sexual orientation' have the meanings given those terms in section 1101(a) of the Civil Rights Act of 1964. ``(g) The term `race', `color', `religion', `national origin', `sex' (including `sexual orientation' and `gender identity'), `marital status', or `age', used with respect to an individual, includes-- ``(1) the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age, respectively, of the individual.''; and (3) by adding at the end the following: ``(j) Sections 1101(b) and 1106 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application-- ``(1) a reference in those sections to a `covered title' shall be considered a reference to `this title'; and ``(2) paragraph (1) of such section 1101(b) shall apply with respect to all aspects of a credit transaction.''. (c) Relation to State Laws.--Section 705(a) of the Equal Credit Opportunity Act (15 U.S.C. 1691d(a)) is amended by inserting ``(including sexual orientation and gender identity),'' after ``sex''. (d) Civil Liability.--Section 706 of the Equal Credit Opportunity Act (15 U.S.C. 1691e) is amended by adding at the end the following: ``(l) Section 1107 of the Civil Rights Act of 1964 shall apply to this title, except that for purposes of that application, a reference in that section to a `covered title' shall be considered a reference to `this title'.''. SEC. 12. JURIES. (a) In General.--Chapter 121 of title 28, United States Code, is amended-- (1) in section 1862, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (2) in section 1867(e), in the second sentence, by inserting ``(including sexual orientation and gender identity),'' after ``sex,''; (3) in section 1869-- (A) in subsection (j), by striking ``and'' at the end; (B) in subsection (k), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(l) `gender identity', `sex', and `sexual orientation' have the meanings given such terms under section 1101(a) of the Civil Rights Act of 1964; and ``(m) `race', `color', `religion', `sex' (including `sexual orientation' and `gender identity'), `economic status', or `national origin', used with respect to an individual, includes-- ``(1) the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of another person with whom the individual is associated or has been associated; and ``(2) a perception or belief, even if inaccurate, concerning the race, color, religion, sex (including sexual orientation and gender identity), economic status, or national origin, respectively, of the individual.''; and (4) by adding at the end the following: ``Sec. 1879. Rules of construction and claims ``Sections 1101(b), 1106, and 1107 of the Civil Rights Act of 1964 shall apply to this chapter, except that for purposes of that application, a reference in those sections to a `covered title' shall be considered a reference to `this chapter'.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 121 of title 28, United States Code, is amended by adding at the end the following: ``1879. Rules of construction and claims.''. Passed the House of Representatives February 25, 2021. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 9 117th CONGRESS 1st Session H. R. 5 _______________________________________________________________________ AN ACT To prohibit discrimination on the basis of sex, gender identity, and sexual orientation, and for other purposes. _______________________________________________________________________ March 2 (legislative day, March 1), 2021 Read the first time March 2, 2021 Read the second time and placed on the calendar
H.R. 600 (Introduced in House) - Presidential Inaugural Committee Oversight Act	https://www.govinfo.gov/content/pkg/BILLS-117hr600ih/html/BILLS-117hr600ih.htm	DOC 117th CONGRESS 1st Session H. R. 600 To amend title 36, United States Code, to require Presidential Inaugural Committees to file disbursement reports with the Federal Election Commission, to prohibit such Committees from disbursing funds for purposes unrelated to the inauguration of the President, to require such Committees to donate any Committee funds which remain available at the time the Committee terminates, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Schrader introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To amend title 36, United States Code, to require Presidential Inaugural Committees to file disbursement reports with the Federal Election Commission, to prohibit such Committees from disbursing funds for purposes unrelated to the inauguration of the President, to require such Committees to donate any Committee funds which remain available at the time the Committee terminates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Inaugural Committee Oversight Act''. SEC. 2. DISCLOSURE REQUIREMENTS AND PROHIBITIONS RELATING TO DISBURSEMENTS BY PRESIDENTIAL INAUGURAL COMMITTEES. (a) Disclosure Reports by Committees.-- (1) Requirements.--Chapter 5 of title 36, United States Code, is amended-- (A) by redesignating section 511 as section 512; and (B) by inserting after section 510 the following new section: ``Sec. 511. Disclosure of and prohibition against certain disbursements ``(a) In General.--A committee shall not be considered to be the Inaugural Committee for purposes of this chapter unless the committee agrees to, and meets, the requirements of this section. ``(b) Disclosure of Disbursements.-- ``(1) Initial disbursement report.--Not later than the date that is 90 days after the date of the Presidential inaugural ceremony, the Committee shall file an initial disbursement report with the Federal Election Commission under this subsection. ``(2) Subsequent disbursement reports.--After filing the initial disbursement report described in paragraph (1), the Committee shall file subsequent disbursement reports with the Federal Election Commission under this subsection not later than 60 days after each date by which the Committee makes additional disbursements in an aggregate amount or value equal to or greater than $100,000. ``(3) Contents of report.--In each disbursement report filed under this subsection, the Committee shall disclose each disbursement of money or anything of value made by the Committee to any person in an aggregate amount or value equal to or greater than $200 since the most recent report filed by the Committee under this subsection, and shall include the following information with respect to each such disbursement: ``(A) The amount, purpose, and date of the disbursement. ``(B) The name and address of the recipient of the disbursement. ``(C) If the disbursement is made to repay a loan, the amount of the loan and the amount of any remaining balance on the loan. ``(D) If the disbursement is made to refund a donation or to offset a portion of a donation, the name of the donor and the amount of the donation. ``(E) Whether or not the disbursement is made with surplus funds of the committee, and if so, the amount of any remaining surplus funds of the committee. ``(c) Format of Reports.--The Committee shall ensure that each report filed under this section is in a searchable and sortable format. ``(d) Prohibiting Disbursements for Purposes Unrelated to Inauguration.--The Committee may make disbursements only to cover the reasonable operating expenses of the Committee, and may not make any disbursement for any purpose which is unrelated to the Presidential inaugural ceremony and functions and activities connected with the ceremony except as provided under subsection (e). ``(e) Requiring Donation of Funds Remaining Upon Termination.--If any funds of the Committee remain available at the time of the termination of the Committee, the Committee shall donate such funds to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code.''. (2) Clerical amendment.--The table of sections of chapter 5 of such title is amended-- (A) by redesignating the item relating to section 511 as relating to section 512; and (B) by inserting after the item relating to section 510 the following new item: ``511. Disclosure of and prohibition against certain disbursements.''. (b) Conforming Amendment Relating to Public Availability of Reports.--Section 304(h) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(h)) is amended by striking ``section 510'' and inserting ``section 510 or section 511''. (c) Effective Date.--The amendments made by this Act shall apply with respect to Presidential Inaugural Committees established under chapter 5 of title 36, United States Code, for inaugurations held in 2021 and any succeeding year. all
H.R. 601 (Introduced in House) - Invest Now Act	https://www.govinfo.gov/content/pkg/BILLS-117hr601ih/html/BILLS-117hr601ih.htm	DOC 117th CONGRESS 1st Session H. R. 601 To amend the Internal Revenue Code of 1986 to provide a reduced capital gains rate on certain property acquired in 2021. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Schweikert (for himself and Mr. Nunes) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide a reduced capital gains rate on certain property acquired in 2021. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest Now Act''. SEC. 2. REDUCED CAPITAL GAINS RATE ON CERTAIN PROPERTY ACQUIRED IN 2021. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Reduced rate for certain property acquired in 2021.-- ``(A) In general.--So much of the adjusted net capital gain taxed at a rate of 20 percent under paragraph (1) (determined without regard to this paragraph) to the extent attributable to the sale or exchange of qualified property shall be taxed at a rate of 5 percent under such paragraph (and not 20 percent). ``(B) Coordination with 15 percent rate.--So much of the adjusted net capital gain taxed at a rate of 15 percent or 20 percent under paragraph (1) (determined without regard to this paragraph) to the extent attributable to the sale or exchange of qualified property (reduced by so much of such gain as is taxed at the rate determined under clause (i)) shall be taxed at a rate of 5 percent (and not 15 percent). ``(C) Qualified property.--For purposes of this paragraph-- ``(i) In general.--The term `qualified property' means any property-- ``(I) purchased (as defined in section 179(d)(2)) by the taxpayer after December 31, 2020, and before January 1, 2022, and ``(II) held by the taxpayer (as determined under section 1223) for a period of more than 5 years. ``(ii) Exception for wash sales.--Such term shall not include any property the basis of which is determined under section 1091(d).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2021. all
H.R. 602 (Introduced in House) - Relaunching America’s Workforce Act	https://www.govinfo.gov/content/pkg/BILLS-117hr602ih/html/BILLS-117hr602ih.htm	DOC 117th CONGRESS 1st Session H. R. 602 To provide State and local workforce and career and technical education systems with support to respond to the COVID-19 national emergency. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Scott of Virginia (for himself, Mr. Levin of Michigan, Ms. Bonamici, Ms. Craig, Mr. Pocan, Mrs. McBath, Mrs. Trahan, Mr. Castro of Texas, Mr. Horsford, Ms. Stevens, Mr. Sablan, Mr. Smith of Washington, Ms. Adams, Mr. Courtney, Mr. Foster, Ms. Meng, Mr. Takano, Mr. Norcross, Ms. Wild, Mr. Suozzi, Mr. Langevin, and Ms. Sherrill) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To provide State and local workforce and career and technical education systems with support to respond to the COVID-19 national emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Relaunching America's Workforce Act''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Special rule. TITLE I--WORKFORCE INNOVATION AND OPPORTUNITY ACT Sec. 101. Definitions and WIOA requirements. Subtitle A--Workforce Development Activities in Response to the COVID- 19 National Emergency Sec. 111. Workforce response activities. Sec. 112. National dislocated worker grants. Sec. 113. State dislocated worker activities responding to the COVID-19 emergency. Sec. 114. Youth workforce investment activities responding to the COVID-19 national emergency. Sec. 115. Adult employment and training activities responding to the COVID-19 national emergency. Subtitle B--Employment Service COVID-19 National Emergency Response Fund Sec. 121. Employment service. Subtitle C--Job Corps Response to the COVID-19 National Emergency Sec. 131. Job Corps response to the COVID-19 national emergency. Subtitle D--National Programs Sec. 141. Native American programs responding to the COVID-19 national emergency. Sec. 142. Migrant and seasonal farmworker program response. Sec. 143. YouthBuild activities responding to the COVID-19 national emergency. Sec. 144. Reentry employment opportunities responding to the COVID-19 national emergency. Sec. 145. Registered apprenticeship opportunities responding to the COVID-19 national emergency. Subtitle E--Adult Education and Literacy COVID-19 National Emergency Response Sec. 151. Definitions. Sec. 152. Adult education and literacy response activities. Sec. 153. Distribution of funds. Subtitle F--Community College and Industry Partnership Grants Sec. 161. Community college and industry partnership grants. Subtitle G--General Provisions Sec. 171. General provisions. TITLE II--CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006 Sec. 201. Definitions and Perkins CTE requirements. Sec. 202. Perkins career and technical education. Sec. 203. General provisions. SEC. 2. DEFINITIONS. In this Act: (1) Apprenticeship; apprenticeship program.--The terms ``apprenticeship'' or ``apprenticeship program'' mean an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. (2) Coronavirus.--The term ``coronavirus'' means coronavirus as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116-123). (3) COVID-19 national emergency.--The term ``COVID-19 national emergency'' means the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, with respect to the coronavirus. (4) Secretary.--The term ``Secretary''-- (A) as used in subtitles A through D, and subtitle F of title I, means the Secretary of Labor; and (B) as used in subtitle E of title I and in title II, means the Secretary of Education. SEC. 3. SPECIAL RULE. Any funds made available under this Act that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in section 2 of this Act, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. TITLE I--WORKFORCE INNOVATION AND OPPORTUNITY ACT SEC. 101. DEFINITIONS AND WIOA REQUIREMENTS. Except as otherwise provided, in this title-- (1) a term used that is defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) shall have the meaning given such term; and (2) an allotment, allocation, or other provision of funds made in accordance with a provision of the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) shall be made in compliance with the applicable requirements of such Act (29 U.S.C. 3101 et seq.), including the applicable requirements of section 182(e) of such Act (29 U.S.C. 3242(e)). Subtitle A--Workforce Development Activities in Response to the COVID- 19 National Emergency SEC. 111. WORKFORCE RESPONSE ACTIVITIES. (a) Funds for Adults and Dislocated Workers.--With respect to funds appropriated under section 113(d) or 115(c) and allotted or allocated to a State or local area for adult workforce development activities in accordance with paragraph (2)(A) or paragraph (3) of section 133(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(b)), or allocated to a local area for dislocated worker workforce development activities in accordance with section 133(b)(2)(B) of such Act (29 U.S.C. 3173(b)(2)(B)), the following shall apply: (1) Eligibility of adults and dislocated workers.--Such an adult or dislocated worker-- (A) shall not be required to meet the requirements of section 134(c)(3)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(B)); (B) may include an individual described in section 2102(a)(3)(A) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136); and (C) shall include individuals with barriers to employment, including individuals with disabilities. (2) Individualized career services.--Such funds may be used to provide individualized career services described in section 134(c)(2)(A)(xii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(xii)) to any such adult and dislocated worker. (3) Incumbent worker training.--In a case in which the local board for such local area provides to the Secretary an assurance that the local area will use such funds to provide the work support activities designed to assist low-wage workers in retaining and enhancing employment in accordance with section 134(d)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(1)(B)), such local board may-- (A) use up to 40 percent of such funds for a training program for incumbent workers described in section 134(d)(4)(A)(i) of such Act (29 U.S.C. 3174(d)(4)(A)(i)); and (B) consider the economic impact of the COVID-19 national emergency to the employer or participants of such program in determining an employer's eligibility under section 134(d)(4)(A)(ii) of such Act (29 U.S.C. 3174(d)(4)(A)(ii)) for the Federal share of the cost of such program. (4) Transitional jobs.-- (A) In general.--The local board for such local area may use up to 40 percent of such funds to provide transitional jobs in accordance with section 134(d)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(d)(5)). (B) Clarification.--Section 194(10) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3254(10)) shall not apply with respect to the funds used under subparagraph (A). (5) On-the-job training.--The Governor or the local board for such area may take into account the impact of the COVID-19 national emergency as a factor in determining whether to increase the amount of a reimbursement to an amount up to 75 percent of the wage rate of a participant in accordance with 134(c)(3)(H) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(H)). (6) Customized training.--The local board of such area or Governor may take into account the impact of the COVID-19 national emergency as a factor in determining the portion of the cost of training an employer shall provide in accordance with section 3(14) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(14)). (b) Governor's Reserve.--Of the funds appropriated under section 113(d), 114(d), or 115(c) and allotted under subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162, 3172) to a State in accordance with section 127(b)(1)(C) and paragraphs (1)(B) and (2)(B) of section 132(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)(1)(C); 3172(b)), the Governor-- (1) shall make the reservation under section 128(a) and 133(a)(1) of such Act (29 U.S.C. 3163(a); 3173(a)(1)) and use the reserved funds for statewide activities described in section 129(b) or paragraphs (2)(B) or (3) of section 134(a) of such Act (29 U.S.C. 3164(b); 3174(a)); and (2) may make a reservation (in addition to the reservations described in paragraph (1)) of not more than 10 percent for activities related to responding to the COVID-19 national emergency if such funds are used for activities benefitting local areas within such State most impacted by the COVID-19 national emergency, including-- (A) training for health care workers, public health workers, personal care attendants, direct service providers, home health workers, and frontline workers; (B) resources to support, allow for, or provide access to online services, including counseling, case management, and employment retention supports, and delivery by local boards, one-stop centers, one-stop operators, or training by eligible training providers; or (C) providing additional resources to such local areas to provide career services and supportive services for eligible individuals. (c) State Workforce COVID-19 Recovery Plan.--Not later than 60 days after a State receives funds appropriated under 113(d), 114(d), or 115(c), the Governor shall submit to the Secretary, as a supplement to the unified State plan submitted under sections 102(a) or 103(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112(a); 3113(a)), a workforce plan that responds to the COVID-19 national emergency. SEC. 112. NATIONAL DISLOCATED WORKER GRANTS. (a) Grants Authorized.--From the funds appropriated under subsection (e), the Secretary shall award, in accordance with section 170 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225), national dislocated worker grants to the entities that meet the requirements for the grants under such section to carry out the activities described in such section and in subsection (d) of this section. (b) Plan.--The Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate, within 30 days, a plan for awarding grants under this section. (c) Timing.--Subject to the availability of appropriations to carry out this section, not later than 60 days after the date of enactment of this Act, the Secretary shall use not less than 50 percent of the funds appropriated under subsection (e) to award grants under this section. (d) Uses of Funds.-- (1) In general.--Not fewer than half of the funds appropriated under subsection (e) shall be used to award grants under this section to respond to the COVID-19 national emergency as described in paragraph (2). (2) Response to covid-19 national emergency.--A grant awarded under this section to respond to the COVID-19 national emergency shall include the following: (A) Training and temporary employment.--Training and temporary employment to respond to the COVID-19 national emergency, ensuring any training or employment under this subparagraph provides participants with adequate and safe equipment, environments, and facilities for training and supervision, including positions or assignments-- (i) as personal care attendants, direct service providers, or home health workers providing direct care and home health services for older individuals, individuals with disabilities, and other individuals with respiratory conditions and other underlying health conditions, or for individuals in urban, rural, and suburban local areas with excess poverty; (ii) in health care and health care support positions; (iii) to support State, local, or tribal health departments; or (iv) in a sector such as childcare, food retail, public service, manufacturing, or transportation. (B) Layoff response.--Activities responding to layoffs of 50 or more individuals laid off by one employer, or communities where there are layoffs that significantly increase unemployment in such community as a result of the COVID-19 national emergency, such as in the hospitality, transportation, manufacturing, or retail industry sectors or occupations. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000,000 through fiscal year 2023. SEC. 113. STATE DISLOCATED WORKER ACTIVITIES RESPONDING TO THE COVID-19 EMERGENCY. (a) Distribution of Funds.-- (1) States.--From the amounts appropriated under subsection (d), the Secretary shall make allotments to States in accordance with section 132 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172). (2) Local areas.--Not later than 30 days after a State receives an allotment under paragraph (1), the State shall-- (A) use such funds to make the reservations required under section 133(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)), which reserved funds may be used for statewide activities described in section 134(a) of such Act (29 U.S.C. 3174(a)) related to the COVID-19 national emergency and activities described in subsection (c); and (B) allocate the remaining funds to local areas in accordance with section 133(b)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(b)(2)(B)), which funds may be used for activities described in section 134 (other than section 134(a)). (b) Required Uses.--Each State and local area shall use the funds received under this section to engage in the dislocated worker response activities described in sections 133(b)(2)(B) and 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(b)(2)(B); 3174), which shall include the activities described in subsection (c) of this section to support layoff aversion and provide necessary supports to eligible adults and dislocated workers and to employers facing layoffs due to the impacts of the COVID-19 national emergency. (c) COVID-19 Dislocated Worker Emergency Response.--The dislocated worker response activities shall include the following activities carried out by a State, in coordination with local areas impacted by the COVID-19 national emergency (including local areas in which layoffs, suspensions, or reductions of employment have occurred or have the potential to occur as a result of the COVID-19 national emergency): (1) Rapid response activities.--The rapid response activities described in section 134(a)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(a)(2)(A)), including the layoff aversion strategies described in section 682.320 of subtitle 20, Code of Federal Regulations (as in effect on the date of enactment of this Act) to engage employers and adults at risk of dislocation. (2) Dislocated worker activities.--Coordination of projects for eligible adults and dislocated workers impacted by layoffs, suspensions, or reductions in employment as a result of the COVID-19 national emergency, targeted at immediate reemployment, career navigation services, supportive services, career services, training for in-demand industry sectors and occupations, provision of information on in-demand and declining industries, provision of information on employers who have a demonstrated history of providing equitable benefits and compensation and safe working conditions, access to technology and online skills training including digital literacy skills training, and other layoff supports or further layoff aversion strategies through adult employment and training activities. (3) Short-term training for covid-19 emergency response.--A prioritization or coordination of employment and training activities, including supportive services and career pathways, that prepare eligible adults and dislocated workers to participate in short-term training to meet the demands for health care workers, public health workers, personal care attendants, direct service providers, home health workers, and frontline workers responding to the COVID-19 national emergency, including in transportation, information technology, service sector, manufacturing, food service, maintenance, and cleaning, and which shall-- (A) allow such individuals to maintain eligibility for career and training services through the period in which such individuals are in short-term employment to respond to the COVID-19 national emergency and in the period immediately following the conclusion of the short-term employment, to support transitions into further training or employment; and (B) ensure any such employment or training provides participants with adequate and safe equipment, environments, and facilities for training and supervision, including positions or assignments. (4) Coordination of activities.--Coordination of necessary training or career services with State vocational rehabilitation agencies to support individuals with disabilities who have experienced layoffs, suspensions, or reductions in employment opportunities due to the impact of the COVID-19 national emergency. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,500,000,000 through fiscal year 2023. SEC. 114. YOUTH WORKFORCE INVESTMENT ACTIVITIES RESPONDING TO THE COVID-19 NATIONAL EMERGENCY. (a) Distribution of Funds.-- (1) States.--From the amounts appropriated under subsection (d), the Secretary shall make allotments to States in accordance with section 127(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)). (2) Local areas.--Not later than 30 days after a State receives an allotment under paragraph (1), the State shall-- (A) use such funds to make the reservations required under section 128(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(a)), which reserved funds may be used for statewide activities described in section 129(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164(a)) related to the COVID-19 national emergency and the activities described in subsection (b); and (B) allocate the remaining funds to local areas in accordance with section 128(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3163(b)), which funds may be used for the activities described in subsection (b). (b) Uses of Funds.-- (1) In general.--In using the funds received under this section, each State and local area shall prioritize providing services for youth impacted by diminished labor market opportunities for summer jobs or year-round employment due to the economic impacts of the COVID-19 national emergency, consistent with paragraph (2)(A), and youth with barriers to employment, including youth with disabilities. (2) Youth workforce investment activities.-- (A) Employment opportunities for at-risk youth.-- Each State and local area receiving funds under this section shall use not less than 50 percent of such funds to support summer and year-round youth employment for in-school and out-of-school youth-- (i) with a priority for out-of-school youth and youth with multiple barriers to employment; and (ii) which shall include support for employer partnerships for youth employment and subsidized youth employment, and partnerships with community-based organizations to support such employment opportunities. (B) Other activities.--Any amounts not used to carry out the activities described in subparagraph (A) shall be used by State and local boards for carrying out the activities described in subsections (b) and (c) of section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164), including for the purposes of-- (i) supporting in-school and out-of-school youth to connect to education and career pathways; (ii) establishing or expanding partnerships with community-based organizations to develop or expand work experience opportunities and the development of skills and competencies to secure and maintain employment, including supports for activities like peer-mentoring; (iii) subsidized employment, internships, work-based learning, and youth apprenticeships; (iv) work-readiness training activities and educational programs aligned to career pathways that support credential attainment and the development of employability skills; (v) engaging or establishing industry or sector partnerships to determine job needs and available opportunities for youth employment; (vi) conducting outreach to youth and employers; (vii) coaching, navigation, and mentoring services for participating youth, including career exploration, career counseling, career planning, and college planning services; (viii) coaching, navigation, and mentoring services for employers on how to successfully employ participating youth in meaningful work; (ix) providing services to youth to enable participation in the program, including supportive services, technological devices and access to other supports needed to access online services, including assistive technology for youth with disabilities, and follow-up services for not less than 12 months after the completion of participation, as appropriate; and (x) coordinating activities under this section with State and local educational agencies around academic calendars in response to the COVID-19 national emergency. (c) General Provisions.--A State or local area using funds under this section for youth placement in summer or year-round employment shall require that not less than 25 percent of the wages of each eligible youth participating in such employment be paid by the employer, except that such requirement may waived for an employer facing financial hardship due to the COVID-19 national emergency. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,500,000,000 through fiscal year 2023. SEC. 115. ADULT EMPLOYMENT AND TRAINING ACTIVITIES RESPONDING TO THE COVID-19 NATIONAL EMERGENCY. (a) Distribution of Funds.-- (1) States.--From the amounts appropriated under subsection (c), the Secretary shall make allotments to States in accordance with section 132(b)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3172(b)(1)). (2) Local areas.--Not later than 30 days after a State receives an allotment under paragraph (1), the State shall-- (A) use such funds to make the reservations required under section 133(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(a)), which reserved funds may be used for statewide activities described in section 134(a) of such Act (29 U.S.C. 3174(a)) related to the COVID-19 national emergency; and (B) allocate such funds to local areas in accordance with paragraph (2)(A) or (3) of section 133(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(b)). (b) Uses of Funds.-- (1) In general.--Each State and local area shall use the funds received under this section to engage in the adult employment and training activities described in section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174) to provide necessary supports and services to eligible adults who are adversely impacted by the COVID-19 national emergency, including individuals who are underemployed or most at-risk of unemployment (including individuals with disabilities), and shall coordinate with employers facing economic hardship or employment challenges due to economic impacts of the COVID-19 national emergency. (2) COVID-19 adult employment and training activities.-- (A) Training services to employers and individuals impacted by the covid-19 national emergency.--Of the funds provided to a local area under subsection (a)(2), not less than one-third shall be used for providing training services to employers and individuals impacted by the COVID-19 national emergency as defined in section 134(c)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)), including-- (i) incumbent worker training, on-the-job training, apprenticeship programs, and customized training activities; (ii) individual training accounts; (iii) training for in-demand industry sectors and occupations, including for digital literacy needed for such industry sectors and occupations; and (iv) activities supporting employee retention. (B) Underemployment and employment supports.--Of the funds provided to a local area, and not used for activities under subparagraph (A), such funds shall be shall be used to provide the career services and supports described in section 134(c)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)) for workers facing underemployment, individuals seeking work, or dislocated workers, prioritizing individuals with barriers to employment or eligible adults who are adversely impacted by economic changes within their communities due to the COVID-19 national emergency, including-- (i) career navigation supports to encourage and enable workers to find new pathways to in- demand careers and the necessary training to support those career pathways, or workplace learning advisors to support incumbent workers; (ii) virtual services and virtual employment and training activities, including providing appropriate accommodations to individuals with disabilities in accordance to the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); and (iii) supportive services and individualized career services as described in section 134(c)(2)(A)(xii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(2)(A)(xii)), including for individuals with disabilities through collaboration with the State vocational rehabilitation agency. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,500,000,000 through fiscal year 2023. Subtitle B--Employment Service COVID-19 National Emergency Response Fund SEC. 121. EMPLOYMENT SERVICE. (a) In General.--From the funds appropriated under subsection (c), the Secretary shall-- (1) reserve not less than $100,000,000 for workforce information systems improvements, including for electronic tools and system building, and for the activities described in subsection (b)(1); and (2) use the funds remaining to make allotments to States in accordance with section 6 of the Wagner-Peyser Act (29 U.S.C. 49e), which for purposes of this section shall include the Commonwealth of the Northern Mariana Islands and American Samoa, for the activities-- (A) described in subsection (b)(2) of this section; and (B) described in section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2). (b) Uses of Funds.-- (1) Secretary uses of funds.--The Secretary shall use the funds reserved under subsection (a)(1) for-- (A) workforce information grants to States for the development of labor market insights and evidence on the State and local impacts of COVID-19 and on promising reemployment strategies, and to improve access to tools and equipment for virtual products and service delivery; (B) the Workforce Information Technology Support Center, to facilitate voluntary State participation in multi-State data collaboratives that develop real-time State and local labor market insights on the impacts of COVID-19 and evidence to promote more rapid reemployment and economic mobility, using cross-State and cross-agency administrative data; and (C) improvements in short- and long-term State and local occupational and employment projections to facilitate reemployment, economic mobility, and economic development strategies. (2) State uses of funds.--A State shall use an allotment received under subsection (a)(2) to-- (A) provide additional resources for supporting employment service personnel employed on a merit system in providing reemployment services for unemployed and underemployed workers; (B) provide assistance for individuals impacted by the COVID-19 national emergency, including such individuals receiving unemployment insurance or seeking employment as a result of the emergency, which shall include providing for services such as reemployment services, job search assistance, job matching services based on the experience of individuals, individualized career services, and appropriate referral and coordination with agencies providing services to individuals with barriers to employment, including individuals with disabilities; and (C) provide services for employers impacted by the COVID-19 national emergency, which shall include services for employers dealing with labor force changes as a result of such emergency. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000,000 through fiscal year 2023. Subtitle C--Job Corps Response to the COVID-19 National Emergency SEC. 131. JOB CORPS RESPONSE TO THE COVID-19 NATIONAL EMERGENCY. (a) Funding for Job Corps During the COVID-19 National Emergency.-- From the funds appropriated under subsection (c), the Secretary-- (1) shall provide funds to each entity with which the Secretary has entered into an agreement under section 147(a)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3197(a)(1)) to-- (A) during the COVID-19 national emergency-- (i) carry out the activities described in section 148(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3198(a)); and (ii) provide the child care described in section 148(e) of such Act (29 U.S.C. 3198(e)); (B) retain existing capacity of each Job Corps Center, including existing residential capacity during and after the COVID-19 national emergency, and increase staffing and student capacity and resources related to section 145 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3195) to provide for full on-board strength after such emergency; and (C) during the 12-month period after the COVID-19 national emergency, carry out the graduate services described in section 148(d) of such Act (29 U.S.C. 3198(d)) for any individual who has graduated from Job Corps during the 3-month period after such emergency; and (2) may-- (A) provide up to 15 percent of such funds to meet the operational needs of Job Corps centers (which may include the cleaning, sanitation, and necessary improvements of centers related to COVID-19); (B) support-- (i) the relationship to opportunities, and links to employment opportunities described in paragraphs (2) and (3) of section 148(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3198(a)); and (ii) the academic, career, and technical education and training in section 148 of such Act (29 U.S.C. 3198) through virtual or remote means for any period in which some Job Corps participants are nonresidential due to the COVID-19 national emergency, including by providing technology resources necessary to participants during such periods; (C) provide for costs related to infrastructure projects, including technology modernization needed to provide for virtual and remote learning; and (D) provide for payment of Job Corps stipends, including emergency Job Corps stipends, and facilitate such payments through means such as debit cards with no usage fees, and corresponding financial literacy. (b) Flexibility.--In order to provide for the successful continuity of services and enrollment periods during the COVID-19 national emergency, additional flexibility shall be provided for Job Corps participants and practitioners, including the following: (1) Enrollment length.--Notwithstanding section 146(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3196(b)), the period of enrollment may extend beyond 2 years for an individual enrolled in Job Corps during the COVID-19 national emergency, as long as such extension does not exceed a 2-year, continuous period of enrollment after the COVID-19 national emergency. (2) Advanced career training programs.--Notwithstanding paragraph (1), with respect to advanced career training programs under section 148(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3198(c)) in which the enrollees may continue to participate for a period not to exceed 1 year in addition to the period of participation to which the enrollees would otherwise be limited, the COVID-19 national emergency shall not be considered as any portion of such additional 1- year participation period. (3) Counseling and job placement.--The counseling and job placement services described in section 149 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3199) shall be available to former enrollees-- (A) whose enrollment was interrupted due to the COVID-19 national emergency; (B) who graduated from Job Corps on or after January 1, 2020; or (C) who graduated from Job Corps not later than 3 months after the COVID-19 national emergency. (4) Support.--The Secretary shall provide additional support for the transition periods described in section 150 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3200), including the following: (A) Transition allowances.--The Secretary shall provide for the provision of additional transition allowances as described in subsection (b) of such section 150 (29 U.S.C. 3200) for Job Corps students who graduate during the periods described in subparagraphs (B) or (C) of paragraph (3). (B) Transition support.--The Secretary shall consider the period during the COVID-19 national emergency and the 3-month period following the conclusion of the COVID-19 national emergency as the period in which the provision of employment services as described in subsection (c) of such section 150 (29 U.S.C. 3200) shall be provided to former enrollees. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subtitle $500,000,000 through fiscal year 2023. Subtitle D--National Programs SEC. 141. NATIVE AMERICAN PROGRAMS RESPONDING TO THE COVID-19 NATIONAL EMERGENCY. There are authorized to be appropriated to carry out this section and activities as described in section 166 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3221) $150,000,000 through fiscal year 2023. SEC. 142. MIGRANT AND SEASONAL FARMWORKER PROGRAM RESPONSE. (a) Eligible Migrant and Seasonal Farmworker.--Notwithstanding the definition of ``eligible seasonal farmworker'' in section 167(i)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3222(i)(3)), an individual seeking to enroll in a program funded under section 167 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3222) during the COVID-19 national emergency may be considered eligible for such enrollment if such individual is a member of a family with a total family income equal to or less than 150 percent of the Federal poverty line. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section and activities as described in section 167 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3222) $150,000,000 through fiscal year 2023. SEC. 143. YOUTHBUILD ACTIVITIES RESPONDING TO THE COVID-19 NATIONAL EMERGENCY. (a) In General.--In order to provide for the successful continuity of services and enrollment periods during the COVID-19 national emergency, the Secretary shall-- (1) make available 20 percent of the funds appropriated under subsection (c) to entities carrying out YouthBuild programs operating during the COVID-19 national emergency-- (A) which may be used for carrying out the activities under section 171(c)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(c)(2)); and (B) notwithstanding section 171(c)(2)(D) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(c)(2)(D)), of which up to 20 percent may be used for the administrative costs of carrying out activities under section 171(c)(2) of such Act (29 U.S.C. 3226(c)(2)), so long as any amount used under this section for administrative costs that exceeds the amount authorized for administrative costs under section 171(c)(2)(D) of such Act (29 U.S.C. 3226(c)(2)(D)) is used for administrative costs related to responding to the COVID-19 national emergency; (2) after using funds in accordance with paragraph (1), use 80 percent of the funds appropriated under subsection (c) to-- (A) reserve funds in accordance with section 171(g)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(g)(2)(B)); and (B) award grants in accordance with section 171(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(c)), which may be awarded as supplemental awards to eligible entities receiving grants under such section 171(c) for program year 2019 or 2020; and (3) provide for the flexibility described in subsection (b) for YouthBuild participants and practitioners. (b) Flexibility.--During the COVID-19 national emergency, the Secretary shall provide for flexibility for YouthBuild participants and practitioners, including the following: (1) Eligibility.--Notwithstanding the age requirements for enrollment under section 171(e)(1)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(e)(1)(A)(i)), an individual seeking to participate in a YouthBuild program and who turns 25 during the COVID-19 national emergency may be eligible for such participation, as long as such individual is not more than age 25 on the date of enrollment. (2) Participation length.--Notwithstanding section 171(e)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3226(e)(2)), the period of participation in a YouthBuild program may extend beyond 24 months for an individual participating in such program during the COVID-19 national emergency, as long as such extension does not exceed a 24- month, continuous period of enrollment after the COVID-19 national emergency. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $250,000,000 through fiscal year 2023. SEC. 144. REENTRY EMPLOYMENT OPPORTUNITIES RESPONDING TO THE COVID-19 NATIONAL EMERGENCY. (a) In General.--The Secretary shall-- (1) not later than 30 days after the date of enactment of this Act, announce an opportunity for grants or contacts in accordance with section 169(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224(b)) for the activities described in subsection (b) of this section; and (2) from the funds appropriated under subsection (c), not later than 45 days after the date on which an entity submits an application that meets the requirements of the Secretary under this section, award funds under this section to such entity. (b) Use of Funds.-- (1) In general.--Funds under this section shall be used to support reentry employment opportunities for justice-involved youth and young adults, formerly incarcerated adults, and former offenders during and following the COVID-19 national emergency, with priority given to providing for subsidized employment, transitional jobs, and creating stronger alignment with the workforce system and participant supports under subtitle B of title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151 et seq.). (2) Grants for intermediaries.-- (A) Reservation.--Of the amount appropriated under subsection (c), the Secretary shall reserve not less than $87,500,000 for grants under this paragraph. (B) Grants.--The Secretary shall make grants, on a competitive basis, to national and regional intermediaries that prepare young, formerly incarcerated individuals described in paragraph (1), including such individuals who have dropped out of school or other educational programs, for reentry employment opportunities described in paragraph (1). In making the grants, the Secretary shall give priority to intermediaries proposing projects serving high-crime, high-poverty areas. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $350,000,000 through fiscal year 2023. SEC. 145. REGISTERED APPRENTICESHIP OPPORTUNITIES RESPONDING TO THE COVID-19 NATIONAL EMERGENCY. (a) In General.--From the funds appropriated under subsection (d), the Secretary shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis to create or expand apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), which shall include pre- apprenticeship and youth apprenticeship programs. (b) Use of Funds.--In making awards under subsection (a), the Secretary shall ensure that-- (1) not less than 50 percent of the funds appropriated under subsection (d) shall be awarded to States in accordance with the award information described in the Department of Labor Employment and Training Administration Training and Employment Guidance Letter No. 17-18 issued on May 3, 2019; (2) the remaining funds appropriated under subsection (d) after funds are awarded under paragraph (1) shall be used for supporting national industry and equity intermediaries and local intermediaries; and (3) funds awarded under this section shall be used for creating or expanding registered apprenticeship opportunities, including pre-apprenticeships and youth apprenticeships, and activities including-- (A) supportive services; (B) recruitment and retention strategies for program participants with a priority for programs serving a high number or high percentage of individuals with barriers to employment and nontraditional apprenticeship populations, including individuals with disabilities; (C) expansion of registered apprenticeship program opportunities in high-skill, high-wage, or in-demand industry sectors and occupations; (D) costs associated with related instruction or wages while participating in related instruction; (E) improving educational alignment; and (F) encouraging employer participation. (c) Secretarial Responsibilities.--Not later than 30 days after the date of enactment of this Act, the Secretary shall identify and disseminate strategies and tools to support virtual and online learning and training in registered apprenticeship programs. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000,000 through fiscal year 2023. Subtitle E--Adult Education and Literacy COVID-19 National Emergency Response SEC. 151. DEFINITIONS. In this subtitle, the terms ``adult education'', ``adult education and literacy activities'', ``eligible agency'', ``eligible provider'', and ``integrated education and training'' have the meanings given the terms in section 203 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3272). SEC. 152. ADULT EDUCATION AND LITERACY RESPONSE ACTIVITIES. (a) Online Service Delivery of Adult Education and Literacy Activities.--During the COVID-19 national emergency, an eligible agency may use funds available to such agency under paragraphs (2) and (3) of section 222(a) of the Workforce Innovation and Opportunity Act (20 U.S.C. 3302(a)) for the administrative expenses of the eligible agency related to transitions to online service delivery of adult education and literacy activities. (b) Secretarial Responsibilities.--Not later than 30 days after the date of enactment of this Act, the Secretary shall, in carrying out section 242(c)(2)(G) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3332(c)(2)(G)), identify and disseminate to States strategies and virtual proctoring tools to-- (1) assess the progress of learners in adult education programs based upon valid research, as appropriate; and (2) measure the progress of such programs in meeting the State-adjusted levels of performance described in section 116(b)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(3)). SEC. 153. DISTRIBUTION OF FUNDS. (a) Reservation of Funds; Grants to Eligible Agencies.--From the amounts appropriated under subsection (c), the Secretary shall-- (1) make reservations in accordance with section 211(a) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3291(a)); and (2) award grants to eligible agencies in accordance with section 211(b) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3291(b)), of which not less than 10 percent of funds awarded shall be used to provide adult education and literacy activities in correctional facilities. (b) Uses of Funds.--Each State and local area shall use the funds received through subsection (a)(2) to expand the capacity of adult education providers to prioritize serving adults with low-literacy or numeracy levels negatively impacted by the economic consequences of the COVID-19 national emergency, which may include-- (1) expanding the infrastructure needed for the provision of services and educational resources online or through digital means, including the provision of technology or internet access to students and instructional staff to enable virtual or distance learning, including the provision of assistive technology as applicable; (2) creating or expanding digital literacy curriculum and resources, including professional development activities to aid instructional and program staff in providing online or digital training to students, including activities undertaken to ensure the accessibility of such resources to individuals with disabilities; and (3) equipping adult education providers to partner more closely with workforce development partners on implementation strategies such as integrated education and training to prepare adult learners for high-skill, high-wage, or in-demand industry sectors and occupations on an accelerated timeline. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000,000 through fiscal year 2023. Subtitle F--Community College and Industry Partnership Grants SEC. 161. COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP GRANTS. (a) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means an eligible institution or a consortia of such eligible institutions. (2) Eligible institution.--The term ``eligible institution'' means a public institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)) at which the highest degree that is predominantly awarded to students is an associate degree, including a 2-year Tribal College or University (as defined in section 316 of the Higher Education Act (20 U.S.C. 1059c)). (3) Perkins cte definitions.--The terms ``career and technical education'', ``dual or concurrent enrollment'', and ``work-based learning'' have the meanings given the terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (b) Authority To Make Grants, Contracts, and Cooperative Agreements.-- (1) In general.--From the funds appropriated under subsection (h) and not reserved under subsection (f), the Secretary (acting through the Employment and Training Administration), in collaboration with the Secretary of Education (acting through the Office of Career, Technical, and Adult Education), shall award, on a competitive basis, grants, contracts, or cooperative agreements in accordance with section 169(b)(5) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3224(b)(5)) to eligible entities to assist such eligible entities in-- (A) establishing and scaling career training programs, including career and technical education programs; (B) establishing industry and sector partnerships to inform such programs; and (C) providing necessary student supports. (2) Award amounts.--The total amount of funds awarded under this section to an eligible entity shall not exceed-- (A) in the case of an eligible entity that is a single eligible institution, $2,500,000; and (B) in the case of an eligible entity that is a consortia of eligible institutions, $15,000,000. (3) Award period.--A grant, contract, or cooperative agreement awarded under this section shall be for a period of not more than 4 years, except that the Secretary may extend such a grant, contract, or cooperative agreement for an additional 2-year period, based on the outcomes reported under subsection (g)(1) of the programs supported under such grant, contract, or cooperative agreement. (4) Equitable distribution.--In awarding funds under this section, the Secretary shall ensure, to the extent practicable, the equitable distribution of funds, based on-- (A) geography (such as urban and rural distribution); and (B) States and local areas significantly impacted by the COVID-19 national emergency. (c) Priority.--In awarding funds under this section, the Secretary shall give priority to eligible entities that will use such funds to serve individuals impacted by the COVID-19 national emergency, as demonstrated by providing an assurance in the application submitted under subsection (d) that the eligible entity will use such funds to-- (1) serve such individuals with barriers to employment, veterans, spouses of members of the Armed Forces, Native American Indians, Alaska Natives, Native Hawaiians, individuals with disabilities, or incumbent workers who are low-skilled and who need to increase their employability skills; (2) serve such individuals from each major racial and ethnic group and gender with lower than average educational attainment in the State or employment in the in-demand industry sector or occupation that such award will support; or (3) serve areas with high unemployment rates or high levels of poverty, including rural areas. (d) Application.--An eligible entity seeking an award of funds under this section shall submit to the Secretary an application containing a grant proposal at such time and in such manner, and containing such information, as required by the Secretary, including a detailed description of the following: (1) Each entity (and the roles and responsibilities of each entity) with which the eligible entity will partner to carry out activities under this section, including each of the following: (A) An industry or sector partnership representing a high-skill, high-wage, or in-demand industry sector or occupation. (B) A State higher education agency or a State workforce agency. (C) To the extent practicable-- (i) State or local workforce development systems; (ii) economic development and other relevant State or local agencies; (iii) one or more community-based organizations; (iv) one or more institutions of higher education that primarily award 4-year degrees with which the eligible institution has developed or will develop articulation agreements for programs created or expanded using funds under this section; (v) one or more providers of adult education; and (vi) one or more labor organizations or joint labor-management partnerships. (2) The programs that will be supported with such award, including a description of-- (A) each program that will be developed or expanded, and how the program will be responsive to the high-skill, high-wage, or in-demand industry sectors or occupations in the geographic region served by the eligible entity under this section, including-- (i) how the eligible entity will collaborate with employers to ensure each such program will provide the skills and competencies necessary to meet future employment demand; and (ii) the quantitative data and evidence that demonstrates the extent to which each such program will meet the needs of employers and workers in the geographic area served by the eligible entity under this section; (B) the recognized postsecondary credentials to be awarded under each program described in subparagraph (A); (C) how each such program will facilitate cooperation between representatives of workers and employers in the local areas to ensure a fair and engaging workplace that balances the priorities and well-being of workers with the needs of businesses; (D) the extent to which each such program aligns with a statewide or regional workforce development strategy, including such strategies established under section 102(b)(1) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112(b)(1)); and (E) how the eligible entity will ensure the quality of each such program, the career pathways within each such program, the stackability and portability of credentials earned as part of each such program, and the jobs in the industry sectors or occupations to which each such program is aligned. (3) The extent to which the eligible entity can leverage additional resources, and a demonstration of the future sustainability of each such program. (4) How each such program and activities carried out under the grant will include evidence-based practices, including a description of such practices. (5) The student populations that will be served by the eligible entity, including-- (A) an analysis of any barriers to employment or barriers to postsecondary education that such populations face, and an analysis of how the services to be provided by the eligible entity under this section will address such barriers; and (B) how the eligible entity will support such populations to establish a work history, demonstrate success in the workplace, and develop the skills and competencies that lead to entry into and retention in unsubsidized employment. (6) Assurances the eligible entity will participate in and comply with third-party evaluations described in subsection (f)(3). (e) Use of Funds.-- (1) In general.--An eligible entity shall use a grant awarded under this section to establish and scale career training programs, including career and technical education programs, and career pathways and supports for students participating in such programs. (2) Student support and emergency services.--Not less than 15 percent of the grant awarded to an eligible entity under this section shall be used to carry out student support services, which may include the following: (A) Supportive services, including childcare, transportation, mental health services, or substance use disorder prevention and treatment, assistance in obtaining health insurance coverage, housing, and other benefits, as appropriate. (B) Connecting students to State or Federal means- tested benefits programs, including the means-tested Federal benefits programs described in subparagraphs (A) through (F) of section 479(d)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087ss(d)(2)). (C) The provision of direct financial assistance to help students facing financial hardships that may impact enrollment in or completion of a program assisted with such funds. (D) Navigation, coaching, mentorship, and case management services, including providing information and outreach to populations described in subsection (c) to take part in a program supported with such funds. (E) Providing access to necessary supplies, materials, technological devices, including assistive technology as applicable, or required equipment, and other supports necessary to participate in such programs. (3) Additional required program activities.--The funds awarded to an eligible entity under this section that remain after carrying out paragraph (2) shall be used to-- (A) create, develop, or expand articulation agreements (as defined in section 486A(a) of the Higher Education Act of 1965 (20 U.S.C. 1093a(a)), credit transfer agreements, policies to award credit for prior learning, corequisite remediation, dual or concurrent enrollment programs, career pathways, and competency- based education; (B) establish or expand industry or sector partnerships to develop or expand quality academic programs and curricula; (C) establish or expand work-based learning opportunities, including apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) or paid internships; (D) establish or implement plans for the eligible entity to be included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)); (E) award academic credit or provide for academic alignment towards credit pathways for programs assisted with such funds, including industry recognized credentials, competency-based education, or work-based learning; (F) make available open, searchable, and comparable information on the recognized postsecondary credentials awarded under such programs, including the related skills or competencies and related employment and earnings outcomes; or (G) acquire equipment necessary to support activities permitted under this section. (f) Secretarial Reservations.--Not more than 5 percent of the funds appropriated for a fiscal year may be used by the Secretary for-- (1) the administration of the program under this section, including providing technical assistance to eligible entities; (2) targeted outreach to eligible institutions serving a high number or high percentage of low-income populations and rural serving eligible institutions, to provide guidance and assistance in the grant application process under this section; and (3) a rigorous, third-party evaluation that uses experimental or quasi-experimental design or other research methodologies that allow for the strongest possible causal inferences to determine whether each eligible entity carrying out a program supported under this section has met the goals of such program as described in the application submitted by such eligible entity, including through a national assessment of all such programs at the conclusion of each award period described in subsection (b)(3). (g) Reports and Dissemination.-- (1) Reports.-- (A) Eligible entity.--Each eligible entity receiving a grant, contract, or cooperative agreement under this section shall submit to the Secretary, for each year of the award period of such grant, contract, or cooperative agreement, and for the entire award period, 1 year after the conclusion of such award period, a report that includes-- (i) a description of the programs supported with such funds, including activities carried out directly by the eligible entity and activities carried out by each partner of the eligible entity described in subsection (d)(1); (ii) data on each population served with the funds and labor market outcomes of each such population; (iii) resources leveraged by the eligible entity to support activities under this section; and (iv) the performance of each such program with respect to the indicators of performance under section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)). (B) Secretary.--Upon receipt of a report under subparagraph (A), the Secretary shall submit such report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (2) Dissemination.--Each eligible entity receiving funds under this section shall-- (A) participate in activities to disseminate related research and best practices; and (B) to the extent practicable, and as determined by the Secretary, make available to the public any materials created under the grant. (h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,000,000,000 through fiscal year 2025. Subtitle G--General Provisions SEC. 171. GENERAL PROVISIONS. (a) Supplement, Not Supplant.--Funds made available under this title shall be used only to supplement, and shall not supplant, the funds that would, in the absence of such Federal funds, be made available from State or local public funds for adult education and literacy activities, employment and training activities, or other activities carried out under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.). (b) Evaluations.--Any activity or program carried out with funds received under this title shall be subject to-- (1) performance accountability indicators in accordance with section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) or as provided-- (A) with respect to an activity or program carried out under section 131, the measurement with performance accountability indicators shall be in accordance with section 116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(ii)); and (B) with respect to an activity or program carried out under section 143, the measurement with performance accountability indicators shall be in accordance with section 116(b)(2)(A)(ii) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(ii)); and (2) rigorous evaluation using research approaches appropriate to the level of development and maturity of the activity or program, including random assignment or quasi- experimental impact evaluations, implementation evaluations, pre-experimental studies, and feasibility studies, including studying job quality measures and credential transparency. (c) Uses of Funds.--From the funds appropriated under subsection (d), the Secretary of Labor shall-- (1) support the administration of the funds under this title and the evaluation of activities described in subsection (b), including providing guidance and technical assistance to States and local areas; (2) establish an interagency agreement with the Department of Education for-- (A) coordination of funding priorities, including with other relevant Federal agencies, as applicable; (B) dissemination and administration of grants and funding under this title; and (C) execution of research and evaluation activities to minimize the duplication of efforts and job training investments and facilitate greater blending and braiding of Federal and non-Federal funds; (3) provide guidance and financial support to States and local areas on how to make information on recognized postsecondary credentials and related competencies being awarded with funds under this title publicly available, searchable, and comparable as linked open data; (4) not later than 30 days after the date of enactment of this Act, issue guidance for implementing this title in accordance with the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); and (5) provide no less than $1,000,000 for each fiscal year for the Office of Inspector General at the Department of Labor to oversee the administration and distribution of funds under this title. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $90,000,000 through fiscal year 2025. TITLE II--CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006 SEC. 201. DEFINITIONS AND PERKINS CTE REQUIREMENTS. Except as otherwise provided, in this title-- (1) a term used that is defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302) shall have the meaning given such term; and (2) an allotment, allocation, or other provision of funds made in accordance with a provision of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) shall be made in compliance with the applicable requirements of such Act. SEC. 202. PERKINS CAREER AND TECHNICAL EDUCATION. (a) Distribution of Funds.-- (1) States.--From the amounts appropriated under subsection (c), the Secretary shall make allotments to eligible agencies in accordance with section 111(a)(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2321(a)(3)). (2) Local areas.-- (A) In general.--Not later than 30 days after an eligible agency receives an allotment under paragraph (1), the State shall make available such funds in accordance with section 112(a) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2322(a)), including making such funds available for distribution to eligible recipients in accordance with sections 131 and 132 of such Act (20 U.S.C. 2531; 2532). (B) Reserved funds.--An eligible agency that reserves funds in accordance with section 112(a)(1) of such Act (20 U.S.C. 2322(a)(1)) to be used in accordance with section 112(c) of such Act (20 U.S.C. 2322(c)) may also use such reserved funds for digital, physical, or technology infrastructure-related projects to improve career and technical education offerings within the State. (b) Uses of Funds.--Each eligible agency and eligible recipient shall use the funds received under this section to carry out activities to improve or expand career and technical education programs and programs of study to adequately respond to State and local needs as a result of the COVID-19 national emergency, including-- (1) expanding and modernizing digital, physical, or technology infrastructure to deliver in-person, online, virtual, and simulated educational and work-based learning experiences; (2) acquiring appropriate equipment, technology, supplies, and instructional materials aligned with business and industry needs, including machinery, testing equipment, tools, hardware, software, other new and emerging instructional materials, and assistive technology as applicable; (3) providing incentives to employers and CTE participants facing economic hardships due to the COVID-19 national emergency to participate in work-based learning programs; (4) expanding or adapting program offerings or supports based on an updated comprehensive needs assessment to respond to employers' and CTE participants' changing needs as a result of the COVID-19 national emergency; and (5) providing for professional development and training activities for career and technical education teachers, faculty, school leaders, administrators, specialized instructional support personnel, career guidance and academic counselors, and paraprofessionals to support activities carried out under this section. (c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000,000 through fiscal year 2023. SEC. 203. GENERAL PROVISIONS. (a) Supplement, Not Supplant.--Funds made available under this title shall be used only to supplement, and shall not supplant, the funds that would, in the absence of such Federal funds, be made available from State or local public funds for career and technical education programs or other activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.). (b) Evaluations.--Any activity or program carried out with funds received under this title shall be subject to-- (1) performance accountability indicators in accordance with section 113 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2323); and (2) rigorous evaluation using research approaches appropriate to the level of development and maturity of the activity or program, including random assignment or quasi- experimental impact evaluations, implementation evaluations, pre-experimental studies, and feasibility studies, including studying job quality measures and credential transparency. (c) Uses of Funds.--From the funds appropriated under subsection (d), the Secretary of Education shall-- (1) support the administration of the funds for this title and the evaluation of activities described in subsection (b); (2) establish an interagency agreement with the Secretary of Labor for-- (A) coordinating funding priorities, including with other relevant Federal agencies, as applicable; (B) dissemination and administration of grants and funding under this title; and (C) execution of research and evaluation activities to minimize the duplication of efforts and job training investments and facilitate greater blending and braiding of Federal and non-Federal funds; (3) not later than 30 days after the date of enactment of this Act, issue guidance for implementing this title in accordance with the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); and (4) provide not less than $250,000 for each fiscal year for the Office of Inspector General at the Department of Education to oversee the administration and distribution of funds under this title. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $10,000,000 through fiscal year 2025. all
H.R. 603 (Introduced in House) - Raise the Wage Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr603ih/html/BILLS-117hr603ih.htm	DOC 117th CONGRESS 1st Session H. R. 603 To provide for increases in the Federal minimum wage, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Scott of Virginia (for himself, Mrs. Murphy of Florida, Ms. Jayapal, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Ms. Adams, Mr. Aguilar, Mr. Auchincloss, Mrs. Axne, Ms. Barragan, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mrs. Bustos, Mr. Bowman, Ms. Bush, Mr. Butterfield, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. Cartwright, Mr. Casten, Mr. Castro of Texas, Ms. Castor of Florida, Ms. Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Courtney, Ms. Craig, Mr. Crist, Mr. Crow, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mr. Deutch, Mrs. Demings, Mr. DeSaulnier, Mrs. Dingell, Mr. Michael F. Doyle of Pennsylvania, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Ms. Lois Frankel of Florida, Mr. Foster, Mr. Gallego, Mr. Garamendi, Mr. Garcia of Illinois, Ms. Garcia of Texas, Mr. Green of Texas, Mr. Grijalva, Mr. Gomez, Ms. Haaland, Mr. Hastings, Mrs. Hayes, Mr. Horsford, Mr. Huffman, Mr. Higgins of New York, Mr. Himes, Ms. Jackson Lee, Ms. Jacobs of California, Mr. Jeffries, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Jones, Mr. Kahele, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mrs. Kirkpatrick, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Krishnamoorthi, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mr. Lamb, Mr. Langevin, Mr. Lawson of Florida, Mrs. Lawrence, Ms. Lee of California, Ms. Leger Fernandez, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Mr. Malinowski, Ms. Manning, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mrvan, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Ms. Newman, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pascrell, Mr. Payne, Mr. Peters, Mr. Perlmutter, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal-Allard, Mr. Ruiz, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schneider, Mr. David Scott of Georgia, Mr. Sherman, Ms. Sherrill, Mr. Sires, Mr. Smith of Washington, Ms. Spanberger, Ms. Speier, Ms. Stevens, Ms. Strickland, Mr. Soto, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of California, Mr. Torres of New York, Mrs. Trahan, Mr. Trone, Ms. Underwood, Mr. Vargas, Mr. Veasey, Ms. Velazquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To provide for increases in the Federal minimum wage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Raise the Wage Act of 2021''. SEC. 2. MINIMUM WAGE INCREASES. (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $9.50 an hour, beginning on the effective date under section 7 of the Raise the Wage Act of 2021; ``(B) $11.00 an hour, beginning 1 year after such effective date; ``(C) $12.50 an hour, beginning 2 years after such effective date; ``(D) $14.00 an hour, beginning 3 years after such effective date; ``(E) $15.00 an hour, beginning 4 years after such effective date; and ``(F) beginning on the date that is 5 years after such effective date, and annually thereafter, the amount determined by the Secretary under subsection (h);''. (b) Determination Based on Increase in the Median Hourly Wage of All Employees.--Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) is amended by adding at the end the following: ``(h)(1) Not later than each date that is 90 days before a new minimum wage determined under subsection (a)(1)(F) is to take effect, the Secretary shall determine the minimum wage to be in effect under this subsection for each period described in subsection (a)(1)(F). The wage determined under this subsection for a year shall be-- ``(A) not less than the amount in effect under subsection (a)(1) on the date of such determination; ``(B) increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and ``(C) rounded up to the nearest multiple of $0.05. ``(2) In calculating the annual percentage increase in the median hourly wage of all employees for purposes of paragraph (1)(B), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.''. SEC. 3. TIPPED EMPLOYEES. (a) Base Minimum Wage for Tipped Employees and Tips Retained by Employees.--Section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)) is amended to read as follows: ``(i) the cash wage paid such employee, which for purposes of such determination shall be not less than-- ``(I) for the 1-year period beginning on the effective date under section 7 of the Raise the Wage Act of 2021, $4.95 an hour; ``(II) for each succeeding 1-year period until the hourly wage under this clause equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this clause for the preceding year, increased by the lesser of-- ``(aa) $2.00; or ``(bb) the amount necessary for the wage in effect under this clause to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and ``(III) for each succeeding 1-year period after the increase made pursuant to subclause (II), the minimum wage in effect under section 6(a)(1); and''. (b) Tips Retained by Employees.--Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)) is amended-- (1) in the second sentence of the matter following clause (ii), by striking ``of this subsection, and all tips received by such employee have been retained by the employee'' and inserting ``of this subsection. Any employee shall have the right to retain any tips received by such employee''; and (2) by adding at the end the following: ``An employer shall inform each employee of the right and exception provided under the preceding sentence.''. (c) Scheduled Repeal of Separate Minimum Wage for Tipped Employees.-- (1) Tipped employees.--Section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)), as amended by subsections (a) and (b), is further amended by striking the sentence beginning with ``In determining the wage an employer is required to pay a tipped employee,'' and all that follows through ``of this subsection.'' and inserting ``The wage required to be paid to a tipped employee shall be the wage set forth in section 6(a)(1).''. (2) Publication of notice.--Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 5, is further amended by striking ``or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i)''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall take effect on the date that is 1 day after the date on which the hourly wage under subclause (III) of section 3(m)(2)(A)(i) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)(2)(A)(i)), as amended by subsection (a), takes effect. (d) Penalties.--Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in the third sentence of subsection (b), by inserting ``or used'' after ``kept''; and (2) in the second sentence of subsection (e)(2), by inserting ``or used'' after ``kept''. SEC. 4. NEWLY HIRED EMPLOYEES WHO ARE LESS THAN 20 YEARS OLD. (a) Base Minimum Wage for Newly Hired Employees Who Are Less Than 20 Years Old.--Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended by striking ``a wage which is not less than $4.25 an hour.'' and inserting the following: ``a wage at a rate that is not less than-- ``(A) for the 1-year period beginning on the effective date under section 7 of the Raise the Wage Act of 2021, $6.00 an hour; ``(B) for each succeeding 1-year period until the hourly wage under this paragraph equals the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of-- ``(i) $1.75; or ``(ii) the amount necessary for the wage in effect under this paragraph to equal the wage in effect under section 6(a)(1) for such period, rounded up to the nearest multiple of $0.05; and ``(C) for each succeeding 1-year period after the increase made pursuant to subparagraph (B)(ii), the minimum wage in effect under section 6(a)(1).''. (b) Scheduled Repeal of Separate Minimum Wage for Newly Hired Employees Who Are Less Than 20 Years Old.-- (1) In general.--Section 6(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)), as amended by subsection (a), shall be repealed. (2) Publication of notice.--Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 3(c)(2), is further amended by striking ``or subparagraph (B) or (C) of subsection (g)(1),''. (3) Effective date.--The repeal and amendment made by paragraphs (1) and (2), respectively, shall take effect on the date that is 1 day after the date on which the hourly wage under subparagraph (C) of section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)), as amended by subsection (a), takes effect. SEC. 5. PUBLICATION OF NOTICE. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by the preceding sections, is further amended by adding at the end the following: ``(i) Not later than 60 days prior to the effective date of any increase in the required wage determined under subsection (a)(1) or subparagraph (B) or (C) of subsection (g)(1), or in accordance with subclause (II) or (III) of section 3(m)(2)(A)(i) or section 14(c)(1)(A), the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing each increase in such required wage.''. SEC. 6. PROMOTING ECONOMIC SELF-SUFFICIENCY FOR INDIVIDUALS WITH DISABILITIES. (a) Wages.-- (1) Transition to fair wages for individuals with disabilities.--Subparagraph (A) of section 14(c)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)(1)) is amended to read as follows: ``(A) at a rate that equals or exceeds, for each year, the greater of-- ``(i)(I) $5.00 an hour, beginning on the effective date under section 7 of the Raise the Wage Act of 2021; ``(II) $7.50 an hour, beginning 1 year after such effective date; ``(III) $10.00 an hour, beginning 2 years after such effective date; ``(IV) $12.50 an hour, beginning 3 years after such effective date; ``(V) $15.00 an hour, beginning 4 years after such effective date; and ``(VI) the wage rate in effect under section 6(a)(1), beginning 5 years after such effective date; or ``(ii) if applicable, the wage rate in effect on the day before the date of enactment of the Raise the Wage Act of 2021 for the employment, under a special certificate issued under this paragraph, of the individual for whom the wage rate is being determined under this subparagraph,''. (2) Prohibition on new special certificates; sunset.-- Section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)) (as amended by paragraph (1)) is further amended by adding at the end the following: ``(6) Prohibition on new special certificates.-- Notwithstanding paragraph (1), the Secretary shall not issue a special certificate under this subsection to an employer that was not issued a special certificate under this subsection before the date of enactment of the Raise the Wage Act of 2021. ``(7) Sunset.--Beginning on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) takes effect, the authority to issue special certificates under paragraph (1) shall expire, and no special certificates issued under paragraph (1) shall have any legal effect. ``(8) Transition assistance.--Upon request, the Secretary shall provide-- ``(A) technical assistance and information to employers issued a special certificate under this subsection for the purposes of-- ``(i) assisting such employers to comply with this subsection, as amended by the Raise the Wage Act of 2021; and ``(ii) ensuring continuing employment opportunities for individuals with disabilities receiving a special minimum wage rate under this subsection; and ``(B) information to individuals employed at a special minimum wage rate under this subsection, which may include referrals to Federal or State entities with expertise in competitive integrated employment.''. (3) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. (b) Publication of Notice.-- (1) Amendment.--Subsection (i) of section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206), as amended by section 4(b)(2), is further amended by striking ``or section 14(c)(1)(A),''. (2) Effective date.--The amendment made by paragraph (1) shall take effect on the day after the date on which the wage rate described in paragraph (1)(A)(i)(VI) of section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)), as amended by subsection (a)(1), takes effect. SEC. 7. GENERAL EFFECTIVE DATE. Except as otherwise provided in this Act, or the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the first day of the third month that begins after the date of the enactment of this Act. all
H.R. 604 (Introduced in House) - Reopen and Rebuild America’s Schools Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr604ih/html/BILLS-117hr604ih.htm	DOC 117th CONGRESS 1st Session H. R. 604 To provide for the long-term improvement of public school facilities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Scott of Virginia (for himself, Mr. Norcross, Ms. Adams, Mr. Aguilar, Mr. Auchincloss, Mrs. Axne, Ms. Barragan, Ms. Bass, Mrs. Beatty, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mr. Butterfield, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Connolly, Mr. Courtney, Ms. Craig, Mr. Crow, Mr. Cuellar, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Michael F. Doyle of Pennsylvania, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Ms. Garcia of Texas, Mr. Garcia of Illinois, Mr. Gomez, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Mr. Horsford, Ms. Houlahan, Mr. Huffman, Ms. Jackson Lee, Ms. Jacobs of California, Mr. Johnson of Georgia, Mr. Jones, Ms. Kaptur, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lamb, Mr. Langevin, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mrs. Lee of Nevada, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. Sean Patrick Maloney of New York, Mrs. McBath, Mr. McEachin, Mr. McGovern, Mr. McNerney, Ms. Meng, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Ms. Norton, Mr. O'Halleran, Ms. Omar, Mr. Panetta, Mr. Pascrell, Mr. Payne, Ms. Pingree, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal-Allard, Mr. Ruppersberger, Mr. Ryan, Mr. Sablan, Ms. Sanchez, Mr. San Nicolas, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Ms. Schrier, Mr. David Scott of Georgia, Ms. Sewell, Mr. Sherman, Mr. Sires, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Stevens, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Trahan, Mr. Trone, Mr. Vargas, Mr. Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, and Mrs. Luria) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for the long-term improvement of public school facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Reopen and Rebuild America's Schools Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL FACILITIES Sec. 101. Purpose and reservation. Sec. 102. Allocation to States. Sec. 103. Need-based grants to qualified local educational agencies. Sec. 104. Annual report on grant program. Sec. 105. Authorization of appropriations. TITLE II--SCHOOL INFRASTRUCTURE BONDS Sec. 201. Restoration of certain qualified tax credit bonds. Sec. 202. School infrastructure bonds. Sec. 203. Annual report on bond program. TITLE III--USES OF FUNDS Sec. 301. Allowable uses of funds. Sec. 302. Prohibited uses. Sec. 303. Requirements for hazard-resistance and energy and water conservation. Sec. 304. Green Practices. Sec. 305. Use of American iron, steel, and manufactured products. TITLE IV--REPORTS AND OTHER MATTERS Sec. 401. Comptroller General report. Sec. 402. Study and report on physical condition of public schools. Sec. 403. Development of data standards. Sec. 404. Information clearinghouse. Sec. 405. Sense of Congress on Opportunity Zones. TITLE V--IMPACT AID CONSTRUCTION Sec. 501. Temporary increase in funding for impact aid construction. TITLE VI--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY PYRRHOTITE Sec. 601. Allocations to States. Sec. 602. Grants to local educational agencies. Sec. 603. Definitions. Sec. 604. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (2) Bureau-funded school.--The term ``Bureau-funded school'' has the meaning given that term in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021). (3) Covered funds.--The term ``covered funds'' means funds received-- (A) under title I of this Act; (B) from a school infrastructure bond; or (C) from a qualified zone academy bond (as such term is defined in section 54E of the Internal Revenue Code of 1986 (as restored by section 201)). (4) ESEA terms.--The terms ``elementary school'', ``outlying area'', and ``secondary school'' have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Local educational agency.--The term ``local educational agency'' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) except that such term does not include a Bureau-funded school. (6) Public school facilities.--The term ``public school facilities'' means the facilities of a public elementary school or a public secondary school. (7) Qualified local educational agency.--The term ``qualified local educational agency'' means a local educational agency that receives funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (8) School infrastructure bond.--The term ``school infrastructure bond'' has the meaning given such term in section 54BB of the Internal Revenue Code of 1986 (as added by section 202). (9) Secretary.--The term ``Secretary'' means the Secretary of Education. (10) State.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. (11) Zero energy school.--The term ``zero energy school'' means a public elementary school or public secondary school that-- (A) generates renewable energy on-site; and (B) on an annual basis, exports an amount of such renewable energy that equals or exceeds the total amount of renewable energy that is delivered to the school from outside sources. TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL FACILITIES SEC. 101. PURPOSE AND RESERVATION. (a) Purpose.--Funds made available under this title shall be for the purpose of supporting long-term improvements to public school facilities in accordance with this Act. (b) Reservation for Outlying Areas and Bureau-Funded Schools.-- (1) In general.--For each of fiscal years 2022 through 2026, the Secretary shall reserve, from the amount appropriated to carry out this title-- (A) one-half of 1 percent, to make allocations to the outlying areas in accordance with paragraph (3); and (B) one-half of 1 percent, for payments to the Secretary of the Interior to provide assistance to Bureau-funded schools. (2) Use of reserved funds.-- (A) In general.--Funds reserved under paragraph (1) shall be used in accordance with title III. (B) Special rules for bureau-funded schools.-- (i) Applicability.--The provisions of title III shall apply to a Bureau-funded school that receives assistance under paragraph (1)(B) in the same manner that such provisions apply to a qualified local educational agency that receives covered funds. The facilities of a Bureau-funded school shall be treated as public school facilities for purposes of the application of such provisions. (ii) Treatment of tribally operated schools.--The Secretary of the Interior shall provide assistance to Bureau-funded schools under paragraph (1)(B) without regard to whether such schools are operated by the Bureau of Indian Education or by an Indian Tribe. In the case of a Bureau-funded school that is a contract or grant school (as that term is defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)) operated by an Indian Tribe, the Secretary of the Interior shall provide assistance under such paragraph to the Indian Tribe concerned. (3) Allocation to outlying areas.--From the amount reserved under paragraph (1)(A) for a fiscal year, the Secretary shall allocate to each outlying area an amount in proportion to the amount received by the outlying area under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total such amount received by all outlying areas for such previous fiscal year. SEC. 102. ALLOCATION TO STATES. (a) Allocation to States.-- (1) State-by-state allocation.-- (A) Fiscal year 2022.--Of the amount appropriated to carry out this title for fiscal year 2022 and not reserved under section 101(b), not later than 30 days after such funds are appropriated, each State that provides an assurance to the Secretary that the State will comply with the requirements of section 103(c) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received under such part for such fiscal year by all local educational agencies in every State that provides such an assurance to the Secretary. (B) Other fiscal years.--Of the amount appropriated to carry out this title for each fiscal year other than fiscal year 2022 and not reserved under section 101(b), each State that has a plan approved by the Secretary under subsection (b) shall be allocated an amount in proportion to the amount received by all local educational agencies in the State under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total amount received under such part for such fiscal year by all local educational agencies in every State that has a plan approved by the Secretary under subsection (b). (2) State reservation.--A State may reserve not more than 1 percent of its allocation under paragraph (1) to carry out its responsibilities under this Act, which-- (A) shall include-- (i) providing technical assistance to local educational agencies, including by-- (I) identifying which State agencies have programs, resources, and expertise relevant to the activities supported by the allocation under this section; and (II) coordinating the provision of technical assistance across such agencies; (ii) in accordance with the guidance issued by the Secretary under section 403, developing an online, publicly searchable database that contains an inventory of the infrastructure of all public school facilities in the State (including the facilities of Bureau-funded schools, as appropriate), including, with respect to each such facility, an identification of-- (I) the information described in subclauses (I) through (VII) of clause (vi); (II) the age (including an identification of the date of any retrofits or recent renovations) of-- (aa) the facility; (bb) its roof; (cc) its lighting system; (dd) its windows; (ee) its ceilings; (ff) its plumbing; and (gg) its heating, ventilation, and air conditioning system; (III) fire safety inspection results; (IV) the proximity of the facilities to toxic sites or the vulnerability of the facilities to natural disasters, including the extent to which facilities that are vulnerable to seismic natural disasters are seismically retrofitted; (V) any previous inspections showing the presence of toxic substances; and (VI) any improvements that are needed to support indoor and outdoor social distancing, personal hygiene, and building hygiene (including with respect to heating, ventilation, and air conditioning usage) in school facilities, consistent with guidance issued by the Centers for Disease Control and Prevention; (iii) updating the database developed under clause (ii) not less frequently than once every 2 years; (iv) ensuring that the information in the database developed under clause (ii)-- (I) is posted on a publicly accessible State website; and (II) is regularly distributed to local educational agencies and Tribal governments in the State; (v) issuing and reviewing regulations to ensure the health and safety of students and staff during construction or renovation projects; (vi) issuing or reviewing regulations to ensure safe, healthy, and high-performing school buildings, including regulations governing-- (I) indoor environmental quality and ventilation, including exposure to carbon monoxide, carbon dioxide, lead- based paint, and other combustion by- products such as oxides of nitrogen; (II) mold, mildew, and moisture control; (III) the safety of drinking water at the tap and water used for meal preparation, including regulations that-- (aa) address the presence of lead and other contaminants in such water; and (bb) require the regular testing of the potability of water at the tap; (IV) energy and water efficiency; (V) excessive classroom noise due to activities allowable under section 301; (VI) the levels of maintenance work, operational spending, and capital investment needed to maintain the quality of public school facilities; and (VII) the construction or renovation of such facilities, including applicable building codes; and (vii) creating a plan to reduce or eliminate exposure to toxic substances, including mercury, radon, PCBs, lead, vapor intrusions, and asbestos; and (B) may include the development of a plan to increase the number of zero energy schools in the State. (b) State Plan.-- (1) In general.--Except as provided in paragraph (2), to be eligible to receive an allocation under this section, a State shall submit to the Secretary a plan that-- (A) describes how the State will use the allocation to make long-term improvements to public school facilities; (B) explains how the State will carry out each of its responsibilities under subsection (a)(2); (C) explains how the State will make the determinations under subsections (b) through (d) of section 103; (D) identifies how long, and at what levels, the State will maintain fiscal effort for the activities supported by the allocation after the State no longer receives the allocation; and (E) includes such other information as the Secretary may require. (2) Expedited process for fiscal year 2022.-- (A) Assurance to secretary.--To be eligible to receive an allocation for fiscal year 2022 under section 101(a)(1)(A), a State shall provide to the Secretary an assurance that the State will comply with the requirements of section 103(c). (B) Submittal of state plan.--A State shall not be required to submit a State plan under paragraph (1) before receiving an allocation for fiscal year 2022 under section 101(a)(1)(A). A State that receives an allocation under such section for such fiscal year shall submit to the Secretary the State plan described in paragraph (1) not later than 90 days after the date on which such allocation is received. (3) Approval and disapproval.--The Secretary shall have the authority to approve or disapprove a State plan submitted under paragraph (1). (c) Conditions.--As a condition of receiving an allocation under this section, a State shall agree to the following: (1) Matching requirement.-- (A) In general.--The State shall contribute, from non-Federal sources, an amount equal to 10 percent of the amount of the allocation received under this section to carry out the activities supported by the allocation. (B) Deadline.--The State shall provide any contribution required under subparagraph (A) not later than September 30, 2030. (C) Certain fiscal years.--With respect to a fiscal year for which more than $7,000,000,000 are appropriated to carry out this title, subparagraph (A) shall be applied as if ``, from non-Federal sources,'' were struck. (D) Commitment to proportional state investment in school facilities.-- (i) In general.--The State shall provide an assurance to the Secretary that for each fiscal year that the State receives an allocation under this section, the State's share of school facilities capital outlay will be not less than 90 percent of the average of the State's share of school facilities capital outlay for the 5 years preceding the fiscal year for which the allocation is received. (ii) State's share of school facilities capital outlay.--In this subparagraph, the term ``State's share of school facilities capital outlay'' means-- (I) the total State expenditures on school facilities capital outlay projects; divided by (II) the total school facilities capital expenditures in the State on school facilities capital outlay projects. (iii) Total state expenditures.--In this subparagraph, the term ``total State expenditures'' means the State's total expenditures (from funds other than an allocation under this section) on school facilities capital outlay projects, including-- (I) any direct expenditures by the State for the purpose of school facilities capital outlay projects; and (II) funds provided by the State to local educational agencies for the purpose of school facilities capital outlay projects. (iv) Total school facilities capital expenditures in the state.--In this subparagraph, the term ``total school facilities capital expenditures in the State'', means the sum of-- (I) the total State expenditures calculated under clause (iii); plus (II) all additional expenditures (from funds other than an allocation under this section) on school facilities capital outlay projects by local educational agencies in the State that were not included in the calculation of total State expenditures under clause (iii). (2) Supplement not supplant.--The State shall use an allocation under this section only to supplement the level of Federal, State, and local public funds that would, in absence of such allocation, be made available for the activities supported by the allocation, and not to supplant such funds. SEC. 103. NEED-BASED GRANTS TO QUALIFIED LOCAL EDUCATIONAL AGENCIES. (a) Grants to Local Educational Agencies.-- (1) In general.--Subject to paragraph (2), from the amounts allocated to a State under section 102(a) and contributed by the State under section 102(c)(1), the State shall award grants to qualified local educational agencies, on a competitive basis, to carry out the activities described in section 301(a). (2) Allowance for digital learning.--A State may use up to 10 percent of the amount described in paragraph (1) to make grants to qualified local educational agencies carry out activities to improve digital learning in accordance with section 301(b). (b) Eligibility.-- (1) In general.--To be eligible to receive a grant under this section a qualified local educational agency-- (A) shall be among the local educational agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); (B) shall agree to prioritize the improvement of the facilities of public schools that serve the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency; and (C) shall be among the local educational agencies in the State with the most limited capacity to raise funds for the long-term improvement of public school facilities, as determined by an assessment of-- (i) the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools; (ii) whether the agency has been able to issue bonds or receive other funds to support school construction projects; and (iii) the bond rating of the agency. (2) Equitable distribution.-- (A) Numbers and percentages of certain students.-- In making the determination under paragraph (1)(A), the State shall ensure that grants under this section are equitably distributed among-- (i) qualified local educational agencies in the State with the highest numbers of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (ii) qualified local educational agencies in the State with the highest percentages of students counted under such section. (B) Geographic diversity.--The State shall ensure that grants under this section are awarded to qualified local educational agencies that represent the geographic diversity of the State. (3) Statewide thresholds.--The State shall establish reasonable thresholds for determining whether a local educational agency is among agencies in the State with the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)) as required under paragraph (1)(A). (c) Priority of Grants for Fiscal Year 2022.--In awarding grants under this section for fiscal year 2022-- (1) the State shall first award grants to qualified local educational agencies that meet the requirements of subsection (d)(1) that will use the grant to improve the facilities of schools described in subsection (d)(1)(B) to support indoor and outdoor social distancing, personal hygiene, and building hygiene (including with respect to heating, ventilation, and air conditioning usage) in school facilities, consistent with guidance issued by the Centers for Disease Control and Prevention; and (2) from any funds remaining after making grants to qualified local educational agencies that meet the requirements of paragraph (1), the State may award grants to other qualified local agencies in accordance with the priorities established under subsection (d). (d) Priority of Grants for Other Fiscal Years.--Except as provided in subsection (c), in awarding grants under this section, the State shall give priority to qualified local educational agencies that-- (1)(A) demonstrate the greatest need for such a grant, as determined by a comparison of the factors described in subsection (b)(1) and other indicators of need in the public school facilities of such local educational agencies, including-- (i) the median age of facilities; (ii) the extent to which student enrollment exceeds physical and instructional capacity; (iii) the condition of major building systems such as heating, ventilation, air conditioning, electrical, water, and sewer systems; (iv) the condition of roofs, windows, and doors; and (v) other critical health and safety conditions; (B) will use the grant to improve the facilities of-- (i) elementary schools or middle schools that have an enrollment of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) that constitutes not less than 40 percent of the total student enrollment at such schools; or (ii) high schools that have an enrollment of students who are eligible for a free or reduced price lunch under such Act that constitutes not less than 30 percent of the total student enrollment at such schools (which may be calculated using comparable data from the schools that feed into the high school); and (C) operate public school facilities that pose a severe health and safety threat to students and staff, which may include consideration of threats posed by the proximity of the facilities to toxic sites or brownfield sites or the vulnerability of the facilities to natural disasters; or (2)(A) will use the grant to improve access to high-speed broadband sufficient to support digital learning in accordance with section 301(b); (B) serve elementary schools or secondary schools, including rural schools, that lack such access; and (C) meet one or more of the requirements set forth in subparagraphs (A) through (C) of paragraph (1). (e) Application.--To be considered for a grant under this section, a qualified local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. Such application shall include, at minimum-- (1) the information necessary for the State to make the determinations under subsections (b) through (d); (2) a description of the projects that the agency plans to carry out with the grant; (3) an explanation of how such projects will reduce risks to the health and safety of staff and students at schools served by the agency; and (4) in the case of a local educational agency that proposes to fund a repair, renovation, or construction project for a public charter school, the extent to which-- (A) the public charter school lacks access to funding for school repair, renovation, and construction through the financing methods available to other public schools or local educational agencies in the State; and (B) the charter school operator owns or has care and control of the facility that is to be repaired, renovated, or constructed. (f) Facilities Master Plan.-- (1) Plan required.--Not later than 180 days after receiving a grant under this section, a qualified local educational agency shall submit to the State a comprehensive 10-year facilities master plan. (2) Elements.--The facilities master plan required under paragraph (1) shall include, with respect to all public school facilities of the qualified local educational agency, a description of-- (A) the extent to which public school facilities meet students' educational needs and support the agency's educational mission and vision; (B) the physical condition of the public school facilities; (C) the current health, safety, and environmental conditions of the public school facilities, including-- (i) indoor air quality; (ii) the presence of toxic substances; (iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water; (iv) energy and water efficiency; (v) excessive classroom noise; and (vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (D) how the local educational agency will address any conditions identified under subparagraph (C); (E) the impact of current and future student enrollment levels (as of the date of application) on the design of current and future public school facilities, as well as the financial implications of such enrollment levels; (F) the dollar amount and percentage of funds the local educational agency will dedicate to capital construction projects for public school facilities, including-- (i) any funds in the budget of the agency that will be dedicated to such projects; and (ii) any funds not in the budget of the agency that will be dedicated to such projects, including any funds available to the agency as the result of a bond issue; and (G) the dollar amount and percentage of funds the local educational agency will dedicate to the maintenance and operation of public school facilities, including-- (i) any funds in the budget of the agency that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of the agency that will be dedicated to the maintenance and operation of such facilities. (3) Consultation.--In developing the facilities master plan required under paragraph (1)-- (A) a qualified local educational agency shall consult with teachers, principals and other school leaders, custodial and maintenance staff, emergency first responders, school facilities directors, students and families, community residents, and Indian Tribes; and (B) in addition to the consultation required under subparagraph (A), a Bureau-funded school shall consult with the Bureau of Indian Education. (g) Supplement Not Supplant.--A qualified local educational agency shall use a grant received under this section only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. SEC. 104. ANNUAL REPORT ON GRANT PROGRAM. (a) In General.--Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with funds made available under this title. (b) Elements.--The report under subsection (a) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: (1) An identification of each local educational agency that received a grant under this title. (2) With respect to each such agency, a description of-- (A) the demographic composition of the student population served by the agency, disaggregated by-- (i) race; (ii) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (iii) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (B) the population density of the geographic area served by the agency; (C) the projects for which the agency used the grant received under this title, described using measurements of school facility quality from the most recent available version of the Common Education Data Standards published by the National Center for Education Statistics; (D) the demonstrable or expected benefits of the projects; and (E) the estimated number of jobs created by the projects. (3) The total dollar amount of all grants received by local educational agencies under this title. (c) LEA Information Collection.--A local educational agency that receives a grant under this title shall-- (1) annually compile the information described in subsection (b)(2); (2) make the information available to the public, including by posting the information on a publicly accessible agency website; and (3) submit the information to the State. (d) State Information Distribution.--A State that receives information from a local educational agency under subsection (c) shall-- (1) compile the information and report it annually to the Secretary at such time and in such manner as the Secretary may require; (2) make the information available to the public, including by posting the information on a publicly accessible State website; and (3) regularly distribute the information to local educational agencies and Tribal governments in the State. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $20,000,000,000 for each of fiscal years 2022 through 2026 to carry out this title. Amounts so appropriated are authorized to remain available through fiscal year 2031. TITLE II--SCHOOL INFRASTRUCTURE BONDS SEC. 201. RESTORATION OF CERTAIN QUALIFIED TAX CREDIT BONDS. (a) Allowance of Credit.-- (1) In general.--Section 54A of the Internal Revenue Code of 1986, as in effect on the day before repeal by Public Law 115-97, is revived. (2) Credit limited to certain bonds.-- (A) In general.--Section 54A(d)(1) of such Code, as revived by paragraph (1), is amended by striking ``means--'' and all that follows through ``which is part'' and inserting ``means a qualified zone academy bond which is part''. (B) Conforming amendment.--Section 54A(c)(2)(C) of such Code, as revived by paragraph (1), is amended by striking ``means--'' and all that follows and inserting ``a purpose specified in section 54E(a)(1)''. (3) Conforming amendments.-- (A) The Internal Revenue Code of 1986 is amended by inserting before section 54A (as revived by paragraph (1)) the following: ``Subpart I--Qualified Tax Credit Bonds ``Sec. 54A. Credit to holder of qualified tax credit bonds.''. (B) Section 6401(b)(1) of such Code is amended by striking ``and G'' and inserting ``G, and I''. (C) The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``subpart i--qualified tax credit bonds''. (b) Credit Allowed to Issuer.-- (1) In general.--Section 6431 of the Internal Revenue Code of 1986, as in effect on the day before repeal by Public Law 115-97, is revived. (2) Conforming amendment.--Section 6211(b)(4) of such Code is amended by striking ``and 6428A'' and inserting ``6428A, and 6431''. (c) Qualified Zone Academy Bonds.-- (1) In general.--Section 54E of the Internal Revenue Code of 1986, as in effect on the day before repeal by Public Law 115-97, is revived. (2) Extension of limitation.--Section 54(E)(c)(1) of such Code is amended-- (A) by striking ``and $400,000,000'' and inserting ``$400,000,000'', and (B) by striking ``and, except as provided'' and all that follows through the period at the end and inserting ``, and $1,400,000,000 for 2022 and each calendar year thereafter.''. (3) Removal of private business contribution requirement.-- Section 54E of the Internal Revenue Code of 1986, as revived by paragraph (1) and amended by paragraph (2), is amended-- (A) in subsection (a)(3), by inserting ``and'' at the end of subparagraph (A), by striking subparagraph (B), and by redesignating subparagraph (C) as subparagraph (B), (B) by striking subsection (b), and (C) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (4) Construction of a public school facility.--Section 54E(c)(3)(A) of the Internal Revenue Code of 1986, as revived by paragraph (1) and redesignated in paragraph (3)(C), is amended by striking ``rehabilitating or repairing'' and inserting ``constructing, rehabilitating, retrofitting, or repairing''. (d) Conforming Amendment Related to Application of Certain Labor Standards.-- (1) In general.--Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of any qualified zone academy bond (as defined in section 54E of the Internal Revenue Code of 1986) issued after the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009. (2) Conforming amendment.--Section 1601 of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking paragraph (3) and redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2022. SEC. 202. SCHOOL INFRASTRUCTURE BONDS. (a) In General.--The Internal Revenue Code of 1986 is amended by inserting after subpart I (as revived by section 201) of part IV of subchapter A of chapter 1 the following new subpart: ``Subpart J--School Infrastructure Bonds ``Sec. 54BB. School infrastructure bonds. ``SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS. ``(a) In General.--If a taxpayer holds a school infrastructure bond on one or more interest payment dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. ``(b) Amount of Credit.--The amount of the credit determined under this subsection with respect to any interest payment date for a school infrastructure bond is 100 percent of the amount of interest payable by the issuer with respect to such date. ``(c) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability of the taxpayer (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under this part (other than subpart C and this subpart). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). ``(d) School Infrastructure Bond.-- ``(1) In general.--For purposes of this section, the term `school infrastructure bond' means any bond issued as part of an issue if-- ``(A) 100 percent of the available project proceeds of such issue are to be used for the purposes described in section 301 of the Reopen and Rebuild America's Schools Act of 2021, ``(B) the interest on such obligation would (but for this section) be excludable from gross income under section 103, ``(C) the issue meets the requirements of paragraph (3), and ``(D) the issuer designates such bond for purposes of this section. ``(2) Applicable rules.--For purposes of applying paragraph (1)-- ``(A) for purposes of section 149(b), a school infrastructure bond shall not be treated as federally guaranteed by reason of the credit allowed under section 6431(a), ``(B) for purposes of section 148, the yield on a school infrastructure bond shall be determined without regard to the credit allowed under subsection (a), and ``(C) a bond shall not be treated as a school infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond. ``(3) 6-year expenditure period.-- ``(A) In general.--An issue shall be treated as meeting the requirements of this paragraph if, as of the date of issuance, the issuer reasonably expects 100 percent of the available project proceeds to be spent for purposes described in section 301 of the Reopen and Rebuild America's Schools Act of 2021 within the 6-year period beginning on such date of issuance. ``(B) Failure to spend required amount of bond proceeds within 6 years.--To the extent that less than 100 percent of the available project proceeds of the issue are expended at the close of the period described in subparagraph (A) with respect to such issue, the issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(e) Limitation on Amount of Bonds Designated.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1)(D) by any issuer shall not exceed the limitation amount allocated under subsection (g) for such calendar year to such issuer. ``(f) National Limitation on Amount of Bonds Designated.--The national qualified school infrastructure bond limitation for each calendar year is-- ``(1) $10,000,000,000 for 2022, ``(2) $10,000,000,000 for 2023, and ``(3) $10,000,000,000 for 2024. ``(g) Allocation of Limitation.-- ``(1) Allocations.-- ``(A) States.--After application of subparagraph (B) and paragraph (3)(A), the limitation applicable under subsection (f) for a calendar year shall be allocated by the Secretary among the States in proportion to the respective amounts received by all local educational agencies in each State under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the previous fiscal year relative to the total such amount received by all local educational agencies for the most recent fiscal year ending before such calendar year. ``(B) Certain possessions.--One-half of 1 percent of the amount of the limitation applicable under subsection (f) for a calendar year shall be allocated by the Secretary to possessions of the United States other than Puerto Rico for such calendar year. ``(2) Allocations to schools.--The limitation amount allocated to a State or possession under paragraph (1) shall be allocated by the State educational agency (or such other agency as is authorized under State law to make such allocation) to issuers within such State or possession in accordance with the priorities described in subsections (c) and (d) of section 103 of the Reopen and Rebuild America's Schools Act of 2021 and the eligibility requirements described in section 103(b) of such Act, except that paragraph (1)(C) of such section shall not apply to the determination of eligibility for such allocation. ``(3) Allocations for indian schools.-- ``(A) In general.--One-half of 1 percent of the amount of the limitation applicable under subsection (f) for any calendar year shall be allocated by the Secretary to the Secretary of the Interior for schools funded by the Bureau of Indian Affairs for such calendar year. ``(B) Allocation to schools.--The limitation amount allocated to the Secretary of the Interior under paragraph (1) shall be allocated by such Secretary to issuers or schools funded as described in paragraph (2). In the case of amounts allocated under the preceding sentence, Indian tribal governments shall be treated as qualified issuers for purposes of this subchapter. ``(4) Digital learning.--Up to 10 percent of the limitation amount allocated under paragraph (1) or (3)(A) may be allocated by the State to issuers within such State (in the case of an amount allocated under paragraph (1)) or by the Secretary of the Interior to issuers or schools funded by the Bureau of Indian Affairs (in the case of an amount allocated under paragraph (3)(A)) to carry out activities to improve digital learning in accordance with section 301(b) of the Reopen and Rebuild America's Schools Act of 2021. ``(h) Interest Payment Date.--For purposes of this section, the term `interest payment date' means any date on which the holder of record of the school infrastructure bond is entitled to a payment of interest under such bond. ``(i) Special Rules.-- ``(1) Interest on school infrastructure bonds includible in gross income for federal income tax purposes.--For purposes of this title, interest on any school infrastructure bond shall be includible in gross income. ``(2) Application of certain rules.--Rules similar to the rules of subsections (f), (g), (h), and (i) of section 54A shall apply for purposes of the credit allowed under subsection (a).''. (b) Credit Allowed to Issuer.--Section 6431(f)(3)(A) of such Code, as revived by section 201(b)(1), is amended by striking ``means any qualified tax credit bond'' and all that follows through the end of subparagraph (A) and inserting ``means any bond if-- ``(A) such bond is-- ``(i) a qualified tax credit bond which is a qualified zone academy bond (as defined in section 54E) determined without regard to any allocation relating to the national zone academy bond limitation for years after 2010 or any carryforward of any such allocation, or ``(ii) any school infrastructure bond (as defined in section 54BB), and''. (c) Application of Certain Labor Standards.--Subchapter IV of chapter 31 of the title 40, United States Code, shall apply to projects financed with the proceeds of any qualified zone academy bond (as defined in section 54E of the Internal Revenue Code of 1986) issued after the date of the enactment of this Act. (d) Conforming Amendments.-- (1) Section 6401(b)(1) of the Internal Revenue Code of 1986, as amended by section 201(a), is amended by striking ``and I'' and inserting ``I, and J''. (2) The table of subparts for part IV of subchapter A of chapter 1 of such Code, as amended by section 201(a), is amended by adding at the end the following: ``subpart j--school infrastructure bonds''. (e) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2022. SEC. 203. ANNUAL REPORT ON BOND PROGRAM. (a) In General.--Not later than September 30 of each fiscal year beginning after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees a report on the amendments made by sections 201 and 202. (b) Elements.--The report under paragraph (1) shall include, with respect to the fiscal year preceding the year in which the report is submitted, the following: (1) An identification of-- (A) each local educational agency (if any) that received an allocation under section 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986, and (B) each local educational agency (if any) that was eligible to receive such funds but did not receive such funds. (2) With respect to each local educational agency described in paragraph (1)-- (A) an assessment of the capacity of the agency to raise funds for the long-term improvement of public school facilities, as determined by an assessment of-- (i) the current and historic ability of the agency to raise funds for construction, renovation, modernization, and major repair projects for schools, including the ability of the agency to raise funds through imposition of property taxes, (ii) whether the agency has been able to issue bonds to fund construction projects, including-- (I) qualified zone academy bonds under section 54E of the Internal Revenue Code of 1986, and (II) school infrastructure bonds under section 54BB of the Internal Revenue Code of 1986, and (iii) the bond rating of the agency, (B) the demographic composition of the student population served by the agency, disaggregated by-- (i) race, (ii) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)), and (iii) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), (C) the population density of the geographic area served by the agency, (D) a description of the projects carried out with funds received from school infrastructure bonds, (E) a description of the demonstrable or expected benefits of the projects, and (F) the estimated number of jobs created by the projects. (3) The total dollar amount of all funds received by local educational agencies from school infrastructure bonds. (4) Any other factors that the Secretary of the Treasury determines to be appropriate. (c) Information Collection.--A State or local educational agency that receives an allocation under section 54E(b)(2) or 54BB(g) of the Internal Revenue Code of 1986 shall-- (1) annually compile the information necessary for the Secretary of the Treasury to determine the elements described in subsection (b), and (2) report the information to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require. (d) Secretary of the Treasury.--For purposes of this section, the term ``Secretary of the Treasury'' includes the Secretary's delegate. TITLE III--USES OF FUNDS SEC. 301. ALLOWABLE USES OF FUNDS. (a) In General.--Except as provided in section 302, a local educational agency that receives covered funds may use such funds to-- (1) develop the facilities master plan required under section 103(f); (2) construct, modernize, renovate, or retrofit public school facilities, which may include seismic retrofitting for schools vulnerable to seismic natural disasters; (3) carry out major repairs of public school facilities; (4) install furniture or fixtures with at least a 10-year life in public school facilities; (5) construct new public school facilities; (6) acquire and prepare sites on which new public school facilities will be constructed; (7) extend the life of basic systems and components of public school facilities; (8) ensure current or anticipated enrollment does not exceed the physical and instructional capacity of public school facilities; (9) ensure the building envelopes and interiors of public school facilities protect occupants from natural elements and human threats, and are structurally sound and secure; (10) compose building design plans that strengthen the safety and security on school premises by utilizing design elements, principles, and technology that-- (A) guarantee layers of security throughout the school premises; and (B) uphold the aesthetics of the school premises as a learning and teaching environment; (11) improve energy and water efficiency to lower the costs of energy and water consumption in public school facilities; (12) improve indoor air quality in public school facilities; (13) reduce or eliminate the presence of-- (A) toxic substances, including mercury, radon, PCBs, lead, and asbestos; (B) mold and mildew; or (C) rodents and pests; (14) ensure the safety of drinking water at the tap and water used for meal preparation in public school facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants; (15) bring public school facilities into compliance with applicable fire, health, and safety codes; (16) make public school facilities accessible to people with disabilities through compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); (17) provide instructional program space improvements for programs relating to early learning (including early learning programs operated by partners of the agency), special education, science, technology, career and technical education, physical education, music, the arts, and literacy (including library programs); (18) increase the use of public school facilities for the purpose of community-based partnerships that provide students with academic, health, and social services; (19) ensure the health of students and staff during the construction or modernization of public school facilities; or (20) reduce or eliminate excessive classroom noise due to activities allowable under this section. (b) Allowance for Digital Learning.--A local educational agency may use covered funds to leverage existing public programs or public- private partnerships to expand access to high-speed broadband sufficient for digital learning. SEC. 302. PROHIBITED USES. (a) In General.--A local educational agency that receives covered funds may not use such funds for-- (1) payment of routine and predictable maintenance costs and minor repairs; (2) any facility that is primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; (3) vehicles; or (4) central offices, operation centers, or other facilities that are not primarily used to educate students. (b) Additional Prohibitions Relating to Charter Schools.--No covered funds may be used-- (1) for the facilities of a public charter school that is operated by a for-profit entity; or (2) for the facilities of a public charter school if-- (A) the school leases the facilities from an individual or private sector entity; and (B) such individual, or an individual with a direct or indirect financial interest in such entity, has a management or governance role in such school. SEC. 303. REQUIREMENTS FOR HAZARD-RESISTANCE AND ENERGY AND WATER CONSERVATION. A local educational agency that receives covered funds shall ensure that any new construction, modernization, or renovation project carried out with such funds meets or exceeds the requirements of the following: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model building code. (2) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus- based model energy conservation code. (3) Performance criteria under the WaterSense program, established under section 324B of the Energy Policy and Conservation Act (42 U.S.C. 6294b), applicable to such projects within a nationally recognized, consensus-based model code. (4) Indoor environmental air quality requirements applicable to such projects as set forth in the most recent published edition of a nationally recognized, consensus-based standard. SEC. 304. GREEN PRACTICES. (a) In General.--In a given fiscal year, a local educational agency that uses covered funds for a new construction project or renovation project shall use not less than the applicable percentage (as described in subsection (b)) of the funds used for such project for construction or renovation that is certified, verified, or consistent with the applicable provisions of-- (1) the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard (commonly known as the ``LEED Green Building Rating System''); (2) the Living Building Challenge developed by the International Living Future Institute; (3) a green building rating program developed by the Collaborative for High-Performance Schools (commonly known as ``CHPS'') that is CHPS-verified; or (4) a program that-- (A) has standards that are equivalent to or more stringent than the standards of a program described in paragraphs (1) through (3); (B) is adopted by the State or another jurisdiction with authority over the agency; and (C) includes a verifiable method to demonstrate compliance with such program. (b) Applicable Percentage.--The applicable percentage described in this subsection is-- (1) for fiscal year 2022, 60 percent; (2) for fiscal year 2023, 70 percent; (3) for fiscal year 2024; 80 percent; (4) for fiscal year 2025, 90 percent; and (5) for each of fiscal years 2026 through 2031, 100 percent. SEC. 305. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED PRODUCTS. (a) In General.--A local educational agency that receives covered funds shall ensure that any iron, steel, and manufactured products used in projects carried out with such funds are produced in the United States. (b) Waiver Authority.-- (1) In general.--The Secretary may waive the requirement of subsection (a) if the Secretary determines that-- (A) applying subsection (a) would be inconsistent with the public interest; (B) iron, steel, and manufactured products produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; or (C) using iron, steel, and manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent. (2) Publication.--Before issuing a waiver under paragraph (1), the Secretary shall publish in the Federal Register a detailed written explanation of the waiver determination. (c) Consistency With International Agreements.--This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (d) Definitions.--In this section: (1) Produced in the united states.--The term ``produced in the United States'' means the following: (A) When used with respect to a manufactured product, the product was manufactured in the United States and the cost of the components of such product that were mined, produced, or manufactured in the United States exceeds 60 percent of the total cost of all components of the product. (B) When used with respect to iron or steel products, or an individual component of a manufactured product, all manufacturing processes for such iron or steel products or components, from the initial melting stage through the application of coatings, occurred in the United States, except that the term does not include-- (i) steel or iron material or products manufactured abroad from semi-finished steel or iron from the United States; and (ii) steel or iron material or products manufactured in the United States from semi- finished steel or iron of foreign origin. (2) Manufactured product.--The term ``manufactured product'' means any construction material or end product (as such terms are defined in part 25.003 of the Federal Acquisition Regulation) that is not an iron or steel product, including-- (A) electrical components; and (B) non-ferrous building materials, including, aluminum and polyvinylchloride (PVC), glass, fiber optics, plastic, wood, masonry, rubber, manufactured stone, any other non-ferrous metals, and any unmanufactured construction material. TITLE IV--REPORTS AND OTHER MATTERS SEC. 401. COMPTROLLER GENERAL REPORT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the projects carried out with covered funds. (b) Elements.--The report under subsection (a) shall include an assessment of-- (1) State activities, including-- (A) the types of public school facilities data collected by each State, if any; (B) technical assistance with respect to public school facilities provided by each State, if any; (C) future plans of each State with respect to public school facilities; (D) criteria used by each State to determine high- need students and facilities for purposes of the projects carried out with covered funds; and (E) whether the State issued new regulations to ensure the health and safety of students and staff during construction or renovation projects or to ensure safe, healthy, and high-performing school buildings; (2) the types of projects carried out with covered funds, including-- (A) the square footage of the improvements made with covered funds; (B) the total cost of each such project; and (C) the cost described in subparagraph (B), disaggregated by, with respect to such project, the cost of planning, design, construction, site purchase, and improvements; (3) the geographic distribution of the projects; (4) the demographic composition of the student population served by the projects, disaggregated by-- (A) race; (B) the number and percentage of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (C) the number and percentage of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (5) an assessment of the impact of the projects on the health and safety of school staff and students; and (6) how the Secretary or States could make covered funds more accessible-- (A) to schools with the highest numbers and percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and (B) to schools with fiscal challenges in raising capital for school infrastructure projects. (c) Updates.--The Comptroller General shall update and resubmit the report to the appropriate congressional committees-- (1) on a date that is between 5 and 6 years after the date of the enactment of this Act; and (2) on a date that is between 10 and 11 years after such date of enactment. SEC. 402. STUDY AND REPORT ON PHYSICAL CONDITION OF PUBLIC SCHOOLS. (a) Study and Report.--Not less frequently than once in each 5-year period beginning after the date of the enactment of this Act, the Secretary, acting through the Director of the Institute of Education Sciences, shall-- (1) carry out a comprehensive study of the physical conditions of all public schools in each State and outlying area; and (2) submit a report to the appropriate congressional committees that includes the results of the study. (b) Elements.--Each study and report under subsection (a) shall include-- (1) an assessment of-- (A) the effect of school facility conditions on student and staff health and safety; (B) the effect of school facility conditions on student academic outcomes; (C) the condition of school facilities, set forth separately by geographic region; (D) the condition of school facilities for economically disadvantaged students as well as students from major racial and ethnic subgroups; (E) the accessibility of school facilities for students and staff with disabilities; (F) the prevalence of school facilities at which student enrollment exceeds the physical and instructional capacity of the facility and the effect of such excess enrollment on instructional quality and delivery of school wraparound services; (G) the condition of school facilities affected by natural disasters; (H) the effect that projects carried out with covered funds have on the communities in which such projects are conducted, including the vitality, jobs, population, and economy of such communities; and (I) the ability of building envelopes and interiors of public school facilities to protect occupants from natural elements and human threats; (2) an explanation of any differences observed with respect to the factors described in subparagraphs (A) through (I) of paragraph (1); and (3) a cost estimate for bringing school facilities to a state of good repair, as determined by the Secretary. SEC. 403. DEVELOPMENT OF DATA STANDARDS. (a) Data Standards.--Not later than 120 days after the date of the enactment of this Act, the Secretary, in consultation with the officials described in subsection (b), shall-- (1) identify the data that States should collect and include in the databases developed under section 102(a)(2)(A)(ii); (2) develop standards for the measurement of such data; and (3) issue guidance to States concerning the collection and measurement of such data. (b) Officials.--The officials described in this subsection are-- (1) the Administrator of the Environmental Protection Agency; (2) the Secretary of Energy; (3) the Director of the Centers for Disease Control and Prevention; and (4) the Director of the National Institute for Occupational Safety and Health. SEC. 404. INFORMATION CLEARINGHOUSE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall establish a clearinghouse to disseminate information on Federal programs and financing mechanisms that may be used to assist schools in initiating, developing, and financing-- (1) energy efficiency projects; (2) distributed generation projects; and (3) energy retrofitting projects. (b) Elements.--In carrying out subsection (a), the Secretary shall-- (1) consult with the officials described in section 403(b) to develop a list of Federal programs and financing mechanisms to be included in the clearinghouse; and (2) coordinate with such officials to develop a collaborative education and outreach effort to streamline communications and promote the Federal programs and financing mechanisms included in the clearinghouse, which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance that may be used by States, outlying areas, local educational agencies, and Bureau-funded schools to effectively access and use such Federal programs and financing mechanisms. SEC. 405. SENSE OF CONGRESS ON OPPORTUNITY ZONES. (a) Findings.--The Congress finds as follows: (1) Opportunity Zones were championed by prominent leaders of both parties as an innovative way to tackle longstanding challenges. (2) As of December 2018, 8,763 low-income communities had been designated as Opportunity Zones, representing all 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, and American Samoa. (3) Schools are integral parts of communities, and a key part of communities' economic and workforce development efforts could be modernizing school facilities. (b) Sense of Congress.--It is the sense of the Congress that opportunity zones, when combined with public infrastructure investment, can provide an innovative approach to capital financing that has the potential to unleash creativity and help local communities rebuild schools, rebuild economics, and get people back to work. TITLE V--IMPACT AID CONSTRUCTION SEC. 501. TEMPORARY INCREASE IN FUNDING FOR IMPACT AID CONSTRUCTION. Section 7014(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(d)) is amended to read as follows: ``(d) Construction.--For the purpose of carrying out section 7007, there are authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026.''. TITLE W--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY PYRRHOTITE SEC. 601. ALLOCATIONS TO STATES. (a) In General.--Beginning not later than 180 days after the date of the enactment of this Act, the Secretary shall carry out a program under which the Secretary makes allocations to States to pay the Federal share of the costs of making grants to local educational agencies under section 602. (b) Website.--Not later than 180 days after the date of enactment of this Act, the Secretary shall publish, on a publicly accessible website of the Department of Education, instructions describing how a State may receive an allocation under this section. SEC. 602. GRANTS TO LOCAL EDUCATIONAL AGENCIES. (a) In General.--From the amounts allocated to a State under section 601(a) and contributed by the State under subsection (e)(2), the State shall award grants to local educational agencies-- (1) to pay the future costs of repairing concrete school foundations damaged by the presence of pyrrhotite; or (2) to reimburse such agencies for costs incurred by the agencies in making such repairs in the five-year period preceding the date of enactment of this Act. (b) Local Educational Agency Eligibility.-- (1) Eligibility for grants for future repairs.--To be eligible to receive a grant under subsection (a)(1), a local educational agency shall-- (A) with respect to each school for which the agency seeks to use grant funds, demonstrate to the State that-- (i) the school is a pyrrhotite-affected school; and (ii) any laboratory tests, core tests, and visual inspections of the school's foundation used to determine that the school is a pyrrhotite-affected school were conducted-- (I) by a professional engineer licensed in the State in which the school is located; and (II) in accordance with applicable State standards or standards approved by any independent, nonprofit, or private entity authorized by the State to oversee construction, testing, or financial relief efforts for damaged building foundations; and (B) provide an assurance that-- (i) the local educational agency will use the grant only for the allowable uses described in subsection (f)(1); and (ii) all work funded with the grant will be conducted by a qualified contractor or architect licensed in the State. (2) Eligibility for reimbursement grants.--To be eligible to receive a grant under subsection (a)(2), a local educational agency shall demonstrate that it met the requirements of paragraph (1) at the time it carried out the project for which the agency seeks reimbursement. (c) Application.-- (1) In general.--A local educational agency that seeks a grant under this section shall submit to the State an application at such time, in such manner, and containing such information as the State may require, which upon approval by the State under subsection (d)(1)(A), the State shall submit to the Secretary for approval under subsection (d)(1)(B). (2) Contents.--At minimum, each application shall include-- (A) information and documentation sufficient to enable the State to determine if the local educational agency meets the eligibility criteria under subsection (b); (B) in the case of an agency seeking a grant under subsection (a)(1), an estimate of the costs of carrying out the activities described in subsection (f); (C) in the case of an agency seeking a grant under subsection (a)(2)-- (i) an itemized explanation of-- (I) the costs incurred by the agency in carrying out any activities described subsection (f); and (II) any amounts contributed from other Federal, State, local, or private sources for such activities; and (ii) the amount for which the local educational agency seeks reimbursement; and (D) the percentage of any costs described in subparagraph (B) or (C) that are covered by an insurance policy. (d) Approval and Disbursement.-- (1) Approval.-- (A) State.--The State shall approve the application of each local educational agency for submission to the Secretary that-- (i) submits a complete and correct application under subsection (c); and (ii) meets the criteria for eligibility under subsection (b). (B) Secretary.--Not later than 60 days after receiving an application of a local educational agency submitted by a State under subsection (c)(1), the Secretary shall-- (i) approve such application, in a case in which the Secretary determines that such application meets the requirements of subparagraph (A); or (ii) deny such application, in the case of an application that does not meet such requirements. (2) Disbursement.-- (A) Allocation.--The Secretary shall disburse an allocation to a State not later than 60 days after the date on which the Secretary approves an application under paragraph (1)(B). (B) Grant.--The State shall disburse grant funds to a local educational agency not later than 60 days after the date on which the State receives an allocation under subparagraph (A). (e) Federal and State Share.-- (1) Federal share.--The Federal share of each grant under this section shall be an amount that is not more than 50 percent of the total cost of the project for which the grant is awarded. (2) State share.-- (A) In general.--Subject to subparagraph (B), the State share of each grant under this section shall be an amount that is not less than 40 percent of the total cost of the project for which the grant is awarded, which the State shall contribute from non-Federal sources. (B) Special rule for reimbursement grants.--In the case of a reimbursement grant made to a local educational agency under subsection (a)(2), a State shall be treated as meeting the requirement of subparagraph (A) if the State demonstrates that it contributed, from non-Federal sources, not less than 40 percent of the total cost of the project for which the reimbursement grant is awarded. (f) Uses of Funds.-- (1) Allowable uses of funds.--A local educational agency that receives a grant under this section shall use such grant only for costs associated with-- (A) the repair or replacement of the concrete foundation or other affected areas of a pyrrhotite- affected school in the jurisdiction of such agency to the extent necessary-- (i) to restore the structural integrity of the school to the safety and health standards established by the professional licensed engineer or architect associated with the project; and (ii) to restore the school to the condition it was in before the school's foundation was damaged due to the presence of pyrrhotite; and (B) engineering reports, architectural design, core tests, and other activities directly related to the repair or replacement project. (2) Prohibited uses of funds.--A local educational agency that receives a grant under this section may not use the grant for any costs associated with-- (A) work done to outbuildings, sheds, or barns, swimming pools (whether in-ground or above-ground), playgrounds or ballfields, or any ponds or water features; (B) the purchase of items not directly associated with the repair or replacement of the school building or its systems, including items such as desks, chairs, electronics, sports equipment, or other school supplies; or (C) any other activities not described in paragraph (1). (g) Limitation.--A local educational agency may not, for the same project, receive a grant under both-- (1) this section; and (2) title I. SEC. 603. DEFINITIONS. In this title: (1) Pyrrhotite-affected school.--The term ``pyrrhotite- affected school'' means an elementary school or a secondary school that meets the following criteria: (A) The school has a concrete foundation. (B) Pyrrhotite is present in the school's concrete foundation, as demonstrated by a petrographic or other type of laboratory core analysis or core inspection. (C) A visual inspection of the school's concrete foundation indicates that the presence of pyrrhotite is causing the foundation to deteriorate at an unsafe rate. (D) A qualified engineer determined that the deterioration of the school's foundation, due to the presence of pyrrhotite-- (i) caused the school to become structurally unsound; or (ii) will result in the school becoming structurally unsound within the next five years. (2) Qualified contractor.--The term ``qualified contractor'' means a contractor who is qualified under State law, or approved by any State agency or other State-sanctioned independent or nonprofit entity, to repair or replace residential or commercial building foundations that are deteriorating due to the presence of pyrrhotite. SEC. 604. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2022 and each fiscal year thereafter. all
H.R. 605 (Introduced in House) - Student Empowerment Act	https://www.govinfo.gov/content/pkg/BILLS-117hr605ih/html/BILLS-117hr605ih.htm	DOC 117th CONGRESS 1st Session H. R. 605 To amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational expenses to be paid from a 529 account. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Smith of Missouri (for himself, Mr. Lamborn, Mr. Chabot, Mr. Kelly of Pennsylvania, Mr. Reed, Mr. Norman, Mr. Weber of Texas, Mr. Gaetz, Mr. Joyce of Pennsylvania, and Mrs. Rodgers of Washington) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational expenses to be paid from a 529 account. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Empowerment Act''. SEC. 2. 529 ACCOUNT FUNDING FOR HOMESCHOOL AND ADDITIONAL ELEMENTARY AND SECONDARY EXPENSES. (a) In General.--Section 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows: ``(7) Treatment of elementary and secondary tuition.--Any reference in this section to the term `qualified higher education expense' shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school: ``(A) Tuition. ``(B) Curriculum and curricular materials. ``(C) Books or other instructional materials. ``(D) Online educational materials. ``(E) Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and-- ``(i) is licensed as a teacher in any State, ``(ii) has taught at an eligible educational institution, or ``(iii) is a subject matter expert in the relevant subject. ``(F) Fees for a nationally standardized norm- referenced achievement test, an advanced placement examination, or any examinations related to college or university admission. ``(G) Fees for dual enrollment in an institution of higher education. ``(H) Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies. Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in connection with a homeschool (whether treated as a homeschool or a private school for purposes of applicable State law).''. (b) Effective Date.--The amendment made by this section shall apply to distributions made after the date of the enactment of this Act. all
H.R. 606 (Introduced in House) - No Abortion Bonds Act	https://www.govinfo.gov/content/pkg/BILLS-117hr606ih/html/BILLS-117hr606ih.htm	DOC 117th CONGRESS 1st Session H. R. 606 To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Smith of Missouri (for himself, Mr. Mooney, Mr. Duncan, Mr. Gosar, Mr. Lamborn, Mr. Aderholt, Mr. Bost, Ms. Foxx, Mr. Wittman, Mr. Mullin, Mr. Fleischmann, Mr. Gaetz, Mr. Wilson of South Carolina, Mr. Budd, Mr. Banks, Mr. Norman, Mr. Gallagher, Mr. Babin, Mr. Reschenthaler, Mr. Jordan, Mr. Bucshon, Mr. Cloud, Mr. Keller, Mr. Luetkemeyer, Mr. Weber of Texas, Mr. Joyce of Pennsylvania, Mr. Buck, Mr. Grothman, Mr. Allen, Ms. Herrell, Mr. Huizenga, Mr. Palazzo, Mrs. Lesko, Mr. Waltz, Mr. Kustoff, Mr. Latta, Mr. Loudermilk, Mr. Tiffany, Mr. Long, Mrs. Hartzler, Mr. Biggs, Mr. Cline, Mr. LaTurner, Mr. C. Scott Franklin of Florida, Mr. Moore of Utah, Ms. Mace, Mr. Rosendale, Mr. Perry, Mrs. Boebert, Mrs. Fischbach, Mr. Steube, Mr. Williams of Texas, Mr. Rose, Mrs. Harshbarger, Mr. Hice of Georgia, Mr. Rutherford, Mr. Jackson, and Mr. Johnson of Louisiana) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to impose Federal taxes on bonds used to provide facilities owned by abortion providers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Abortion Bonds Act''. SEC. 2. INTEREST ON STATE AND LOCAL BONDS USED FOR FACILITIES OWNED BY ABORTION PROVIDERS. (a) In General.--Section 103 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (b), by adding at the end the following new paragraph: ``(4) Bonds for facilities owned by abortion providers.-- Any bond issued as part of an issue any of the net proceeds of which are to be used to provide a facility owned by an abortion provider or used (for any purpose) by an abortion provider for more than 30 days during any calendar year during which interest is paid on such bond.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(3) Abortion provider.-- ``(A) In general.--For purposes of this section, the term `abortion provider' means, with respect to an issue of bonds-- ``(i) an entity that, as of the date of such issue, performs abortions, and ``(ii) an entity if any affiliate of such entity is an entity described in clause (i). ``(B) Exemption.--For purposes of this paragraph, an entity shall not be considered an abortion provider solely as a result of performing abortions-- ``(i) if the pregnancy is the result of an act of rape or incest, or ``(ii) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(C) Exemption for hospitals.--The Secretary may deem that the term `abortion provider' does not include a subsection (d) hospital (as such term is defined in section 1886(d) of the Social Security Act) by making the name of such hospital available on the public internet website of the Treasury.''. (b) Effective Date.--The amendment made by this section shall apply with respect to bonds issued after the date of enactment of this Act. all
"H.R. 607 (Introduced in House)- To establish the Election Integrity Commission to study the integrityand administration of the general election for Federal office held in 
November 2020 and make recommendations to Congress to improve the 
security, integrity, and administration of Federal elections, and for 
other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr607ih/html/BILLS-117hr607ih.htm	DOC 117th CONGRESS 1st Session H. R. 607 To establish the Election Integrity Commission to study the integrity and administration of the general election for Federal office held in November 2020 and make recommendations to Congress to improve the security, integrity, and administration of Federal elections, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Smucker (for himself and Mrs. McClain) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To establish the Election Integrity Commission to study the integrity and administration of the general election for Federal office held in November 2020 and make recommendations to Congress to improve the security, integrity, and administration of Federal elections, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT. There is established in the legislative branch the Election Integrity Commission (referred to in this Act as the ``Commission''). SEC. 2. MEMBERSHIP. (a) Composition.-- (1) In general.--The Commission shall be composed of 18 members as follows: (A) 3 shall be Members of the House of Representatives from the majority party of the House who represent a congressional district in a State described in paragraph (2), who shall be appointed by the Speaker of the House. (B) 3 shall be Members of the House of Representatives from the minority party of the House who represent a congressional district in a State described in paragraph (2), who shall be appointed by the minority leader of the House. (C) 3 shall be Senators from the majority party of the Senate who represent a State described in paragraph (2), who shall be appointed by the majority leader of the Senate. (D) 3 shall be Senators from the minority party of the Senate who represent a State described in paragraph (2), who shall be appointed by the minority leader of the Senate. (E) 6 individuals who are State or local election officials, of whom-- (i) 3 shall be appointed jointly by the majority leader of the House and the majority leader of the Senate; and (ii) 3 shall be appointed jointly by the minority leader of the House and the minority leader of the Senate. (2) States described.--A State described in this paragraph is a State in which the winning candidate for the office of President in the November 2020 general election won by a margin of 1.5 percentage points or less. (b) Co-Chairs.--Two of the members of the Commission shall serve as Co-Chairs, of whom-- (1) one shall be designated jointly by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party and the leader of the House of Representatives (majority or minority leader, as case may be) of the Republican Party; and (2) one shall be designated jointly by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party and the leader of the House of Representatives (majority or minority leader, as case may be) of the Democratic Party. (c) Date.--The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (d) Period of Appointment; Vacancies.-- (1) In general.--Except as provided in paragraph (2), a member of the Commission shall be appointed for the duration of the Commission. (2) Removal.--A member may be removed from the Commission at any time at the upon concurrence of both of the Co-Chairs of the Commission. (3) Vacancies.--A vacancy in the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner as the original appointment. (e) No Compensation.--The members of the Commission may not receive pay or benefits from the United States Government by reason of their service on the Commission, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. SEC. 3. DUTIES. (a) Study.-- (1) In general.--The Commission shall, consistent with applicable law, study the integrity and administration of the general election for Federal office held in November 2020 and make recommendations to Congress to improve the security, integrity, and administration of Federal elections. (2) Matters studied.--The matters studied by the Commission shall include-- (A) the effects of the COVID-19 pandemic on the administration of the general election for Federal office held in November 2020; (B) the election practices adopted by Federal, State, and local governments in response to the COVID- 19 pandemic, including-- (i) practices that undermined the security and integrity of the election; and (ii) practices that strengthened the security and integrity of the election; (C) the laws, rules, policies, activities, strategies, and practices regarding mail-in ballots, absentee ballots, and vote-by-mail procedures, including-- (i) measures that undermined the security and integrity of the election; and (ii) measures that strengthened the security and integrity of the election; (D) any laws, rules, policies, activities, strategies, and practices that were inconsistent with or in violation of established State law and resulted in irregularities in the casting of ballots in the election; and (E) any laws, rules, policies, activities, strategies, and practices that were inconsistent with or in violation of established State law and resulted in irregularities in voter registration for the election. (b) Reports.-- (1) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Commission shall submit to the Election Assistance Commission and the appropriate Congressional committees a report on the matters studied under subsection (a). Such report shall include-- (A) precinct-by-precinct data highlighting the number and incidence of any irregularities in the casting of ballots in the election; and (B) precinct-by-precinct data highlighting the number and incidence of any irregularities in voter registration for the election. (2) Final report; recommendations.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act, the Commission shall submit to the Election Assistance Commission and the appropriate Congressional committees a final report on the matters studied under subsection (a), and shall include in such report recommendations on the following: (i) The best practices that should be adopted by at each level of local, State, and Federal Government for administering elections for Federal office-- (I) during the COVID-19 pandemic; and (II) during other national emergencies. (ii) The best practices that should be adopted at each level of local, State, and Federal Government to increase the integrity and security of mail-in ballots, absentee ballots, and vote-by-mail procedures. (iii) The best practices that should be adopted at each level of local, State, and Federal Government to prevent irregularities in the casting of ballots. (iv) The best practices that should be adopted at each level of local, State, and Federal Government to prevent irregularities in voter registration. (B) Minority views.--In the case of any recommendation with respect to which one-third or more of the Committee does not concur, the report shall include a justification for why such members do not concur. (3) Appropriate congressional committees.--For purposes of this subsection, the term ``appropriate Congressional Committees'' means-- (A) the Committee on Rules and Administration of the Senate; (B) the Committee on the Judiciary of the Senate; (C) the Committee on House Administration of the House of Representatives; and (D) the Committee on the Judiciary of the House of Representatives. SEC. 4. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chair or the staff director of the Commission, the chair of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Commission, the Architect of the Capitol shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is empowered to investigate under this Act. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons to enable the Commission to discharge its duties under this Act. SEC. 5. PERSONNEL MATTERS. (a) Staff.--The Co-Chairs of the Commission may appoint and fix the compensation of such staff as may be appropriate to enable the Commission to carry out its duties, without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the staff may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (b) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (c) Experts and Consultants.--The Commission is authorized to procure temporary and intermittent services under section 3109 of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay under level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Use of Existing Staff.--Notwithstanding the previous provisions of this section, to the greatest extent practicable and consistent with applicable laws, rules, and regulations, the Commission is encouraged to carry out its functions utilizing the services of existing staff of offices of the legislative branch. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated $1,000,000 to carry out this Act, of which-- (1) 50 percent shall be derived from the applicable accounts of the House of Representatives; and (2) 50 percent shall be derived from the contingent fund of the Senate. (b) Continuing Availability of Funds.--Funds appropriated pursuant to the authorization under this section shall remain available until expended. SEC. 7. TERMINATION; NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. (a) Termination.--The Commission shall terminate 30 days after the date on which it submits the final report required under section 3(b)(2). (b) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. all
H.R. 608 (Introduced in House) - Reporting Accountability and Abuse Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr608ih/html/BILLS-117hr608ih.htm	DOC 117th CONGRESS 1st Session H. R. 608 To amend title X of the Public Health Service Act to require grant recipients to comply with all applicable State and local laws requiring notification or reporting of child abuse, child molestation, sexual abuse, rape, incest, intimate partner violence, or human trafficking, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Smucker introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title X of the Public Health Service Act to require grant recipients to comply with all applicable State and local laws requiring notification or reporting of child abuse, child molestation, sexual abuse, rape, incest, intimate partner violence, or human trafficking, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reporting Accountability and Abuse Prevention Act of 2021''. SEC. 2. COMPLIANCE BY PROJECTS FUNDED UNDER TITLE X WITH STATE AND LOCAL SEXUAL ABUSE REPORTING REQUIREMENTS. Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amending by adding at the end the following: ``SEC. 1009. COMPLIANCE WITH STATE AND LOCAL SEXUAL ABUSE REPORTING REQUIREMENTS. ``(a) In General.--As a condition on the award or renewal of a grant under this title for any project or program, the Secretary shall require the grant recipient to comply with all applicable State and local laws requiring notification or reporting of child abuse, child molestation, sexual abuse, rape, incest, intimate partner violence, or human trafficking (in this section referred to as `State notification laws'). ``(b) Required Compliance.--In ensuring compliance with subsection (a) for a project or program, the grant recipient shall provide to the Secretary appropriate documentation or otherwise demonstrate to the Secretary's satisfaction that the grant recipient-- ``(1) has in place and implements a plan to comply with State notification laws, including, at a minimum, policies and procedures that include-- ``(A) a summary of obligations under State notification laws of the project or program, or of each organization and individual carrying out the project or program, including any obligation to inquire about or determine the age of a minor patient or of a minor patient's sexual partner; ``(B) timely and adequate annual training of all individuals (whether or not they are employees) serving patients for, or on behalf of, the project or program regarding-- ``(i) compliance with State notification laws; ``(ii) policies and procedures of the project or program with respect to notification and reporting of child abuse, child molestation, sexual abuse, rape, incest, intimate partner violence, and human trafficking; and ``(iii) appropriate interventions, strategies, and referrals to improve the safety and current situation of the patient; ``(C) protocols to ensure that every minor who presents for treatment is provided counseling on how to resist attempts to coerce the minor into engaging in sexual activities; and ``(D) a commitment to conduct a preliminary screening of any minor who presents with a sexually transmitted disease, pregnancy, or any suspicion of abuse, in order to rule out victimization of the minor; and ``(2) maintains records that demonstrate compliance with each of the requirements set forth in paragraph (1) and-- ``(A) indicate the age of minor patients; ``(B) document each notification or report made pursuant to State notification laws; and ``(C) indicate the age of the minor patient's sexual partners if such age is an element of a State notification law under which a report is required. ``(c) Review of Records.--As a condition on the award or renewal of a grant under this title for any project or program, a grant recipient shall agree to allow the Secretary, the Inspector General of the Department of Health and Human Services, and the Comptroller General of the United States to review the records maintained by the grant recipient, including any contractor or subgrantee of the grant recipient, for the purpose of ensuring compliance with this section. ``(d) Penalties for Noncompliance.--The Secretary shall-- ``(1) if the Secretary finds that a grantee under this title has violated subsection (a), (b), or (c), work with the grantee to remedy such noncompliance; and ``(2) if the Secretary finds that the grantee commits a subsequent violation of subsection (a), (b), or (c)-- ``(A) seek repayment of all monetary Federal assistance received by the grantee under this title on or after the date of enactment of the Reporting Accountability and Abuse Prevention Act of 2021; and ``(B) not award or provide any assistance under this title to the grantee for a period of at least 36 months following the date of finding that the grantee has committed such subsequent violation.''. all
"H.R. 609 (Introduced in House)- To amend title 49, United States Code, to require Amtrak to convey ofcertain properties to the Commonwealth of Pennsylvania, and for other 
purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr609ih/html/BILLS-117hr609ih.htm	DOC 117th CONGRESS 1st Session H. R. 609 To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Smucker introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPEDITED PROPERTY CONVEYANCE. Section 24301 of title 49, United States Code, is amended by adding at the end the following: ``(p) Expedited Property Conveyance.-- ``(1) On or before June 30, 2021: ``(A) Amtrak shall convey to the Commonwealth of Pennsylvania all of its rights and title in-- ``(i) the Keystone Line and stations between Harrisburg and Philadelphia, Pennsylvania, including all of Amtrak's passenger stations along that line east of William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; ``(ii) all of Amtrak's other passenger stations, excluding Amtrak's William H. Gray III 30th Street Station and North Philadelphia Station, located within the Commonwealth along Amtrak's Northeast Corridor and used for commuter rail passenger service as of May 1, 2020; ``(iii) sections of track on or along Amtrak's Northeast Corridor immediately south of William H. Gray III 30th Street Station in Philadelphia that are solely used by and maintained by Southeastern Pennsylvania Transportation Authority; and ``(iv) Amtrak's obligations to the United States as determined by the Secretary under subparagraph (C). ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''. all
H.R. 60 (Introduced in House) - Knife Owners’ Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr60ih/html/BILLS-117hr60ih.htm	DOC 117th CONGRESS 1st Session H. R. 60 To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions, and to repeal Federal provisions related to switchblade knives which burden citizens. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To protect the right of law-abiding citizens to transport knives interstate, notwithstanding a patchwork of local and State prohibitions, and to repeal Federal provisions related to switchblade knives which burden citizens. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Knife Owners' Protection Act of 2021''. SEC. 2. INTERSTATE TRANSPORTATION OF KNIVES. (a) In General.--Notwithstanding any provision of any law or any rule or regulation of the United States, or of a State or any political subdivision of a State, any person who is not otherwise prohibited by Federal law from possessing, transporting, shipping, or receiving a knife or knives shall be entitled to transport a knife or knives from any place where such person may lawfully possess, carry or transport such a knife or knives to any other place where such person may lawfully possess, carry or transport such a knife or knives if-- (1) in the case of transportation by motor vehicle, the knife or knives are not directly accessible from the passenger compartment of such transporting vehicle, or, in the case of a motor vehicle without a compartment separate from the passenger compartment, the knife or knives shall be contained in a locked container, glove compartment, or console; or (2) in the case of transportation by other means (including any conveyance over land, on or through water, or through the air), the knife or knives are contained in a locked container. (b) Emergency Knives.--Any knife or tool designed for enabling escape in an emergency incorporating a blunt tipped safety blade, a guarded blade, or both, for cutting safety belts may be carried in the passenger compartment and need not be secured in a locked container, glove compartment, or console. This subsection shall not apply to the transport of any such knife or tool in the passenger cabin of aircraft whose passengers are subject to airport screening procedures of the Transportation Security Administration. (c) No Arrest or Detention.--A person who is transporting a knife or knives in compliance with this section may not be arrested or otherwise detained for violation of any law or any rule or regulation of a State or any political subdivision of a State related to the possession, transportation, or carrying of knives, unless there is probable cause to believe that the person is not in compliance with at least one of the requirements of subsection (a). (d) Claim or Defense.--A person may assert this section as a claim or defense in any action or proceeding, civil or criminal. When a person asserts this section as a claim or defense in a criminal proceeding, the State or political subdivision shall bear the burden of proving, beyond a reasonable doubt, that the person was not in compliance with subsection (a). (e) Right of Action.--Any person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or political subdivision of a State, subjects, or causes to be subjected, any person to the deprivation of the rights, privileges, or immunities set forth in this section, shall be liable to the person so deprived in an action at law, suit in equity, or other proper proceeding for redress. When a person asserts this section as a claim or defense, the court shall award the prevailing party (including any party who receives a favorable resolution through a decision by a court, settlement of a claim, withdrawal of criminal charges, or change of a statute or regulation), other than a State or any political subdivision of a State or its employees or representatives, a reasonable attorney's fee. (f) Definition.--As used in this section, the term ``transport'' includes staying in temporary lodging overnight, common carrier misrouting or delays, stops for food, fuel, vehicle maintenance, emergencies, medical treatment, and all other activity related to the person's overall journey. The term shall not include any transportation of a knife or knives with the intent to commit any offense punishable by imprisonment for a term exceeding one year involving the use or threatened use of force against another, or with knowledge, or reasonable cause to believe, that such an offense is to be committed in the course of, or arising from, such journey. Within any form of temporary lodging, a knife or knives may be accessible. (g) Rule of Construction.--Nothing in this section shall be construed in any way to limit any right to possess, carry, or transport a knife or knives under applicable State law. SEC. 3. REPEAL OF FEDERAL PROVISIONS RELATED TO SWITCHBLADE KNIVES. (a) Repeals.-- (1) Chapter 29 of title 15, United States Code, is repealed. (2) Subsections (g) and (i) of section 1716, title 18, United States Code, are repealed. (b) Conforming Amendments.-- (1) The table of chapters at the beginning of title 15, United States Code, is amended by striking the item relating to chapter 29, and inserting in lieu thereof, ``''. (2) Section 1716 of title 18, United States Code, is amended by redesignating-- (A) subsection (h) as subsection (g); (B) subsection (j) as subsection (h); and (C) subsection (k) as subsection (i). (c) Effective Date.--The repeals made by subsection (a)-- (1) shall take effect on the date of enactment of this Act; and (2) do not apply with respect to any indictment, convictions, sentencing, appeals, civil or criminal fines or penalties obtained, forfeitures obtained, terms of imprisonment or any other enforcement actions or proceedings occurring or commenced, on or before the date of enactment of this Act. all
H.R. 610 (Engrossed in House) - San Francisco Bay Restoration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr610eh/html/BILLS-117hr610eh.htm	DOC 117th CONGRESS 1st Session H. R. 610 _______________________________________________________________________ AN ACT To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320. ``(2) San francisco bay plan.--The term `San Francisco Bay Plan' means-- ``(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d). ``(b) Program Office.-- ``(1) Establishment.--The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. ``(2) Appointment of director.--The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. ``(3) Delegation of authority; staffing.--The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. ``(c) Annual Priority List.-- ``(1) In general.--After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include the following: ``(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for-- ``(i) water quality improvement, including the reduction of marine litter; ``(ii) wetland, riverine, and estuary restoration and protection; ``(iii) nearshore and endangered species recovery; and ``(iv) adaptation to climate change. ``(B) Information on the projects, activities, and studies specified under subparagraph (A), including-- ``(i) the identity of each entity receiving assistance pursuant to subsection (e); and ``(ii) a description of the communities to be served. ``(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. ``(3) Consultation.--In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; ``(C) the San Francisco Bay Restoration Authority; and ``(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. ``(d) San Francisco Bay Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay. ``(2) Revision of san francisco bay plan.--Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. ``(3) Outreach.--In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. ``(e) Grant Program.-- ``(1) In general.--The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. ``(B) Non-federal share.--Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. ``(f) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Prohibition.--No amounts made available under this section may be used for the administration of a management conference under section 320. ``(g) Annual Budget Plan.--For each of the budgets for fiscal years 2023 through 2026, the President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal department and agency involved in San Francisco Bay protection and restoration, including-- ``(1) a report that displays for each Federal agency-- ``(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(B) the proposed budget for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(2) a description and assessment of the Federal role in the implementation of the San Francisco Bay Plan and the specific role of each Federal department and agency involved in San Francisco Bay protection and restoration, including specific projects, activities, and studies conducted or planned to achieve the identified goals and objectives of the San Francisco Bay Plan.''. Passed the House of Representatives June 15, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 610 _______________________________________________________________________ AN ACT To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay.
H.R. 610 (Introduced in House) - San Francisco Bay Restoration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr610ih/html/BILLS-117hr610ih.htm	DOC 117th CONGRESS 1st Session H. R. 610 To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Speier (for herself, Ms. Pelosi, Mr. Huffman, Mr. Garamendi, Mr. Thompson of California, Mr. McNerney, Mr. DeSaulnier, Ms. Lee of California, Mr. Khanna, Ms. Eshoo, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320. ``(2) San francisco bay plan.--The term `San Francisco Bay Plan' means-- ``(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d). ``(b) Program Office.-- ``(1) Establishment.--The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. ``(2) Appointment of director.--The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. ``(3) Delegation of authority; staffing.--The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. ``(c) Annual Priority List.-- ``(1) In general.--After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include the following: ``(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for-- ``(i) water quality improvement, including the reduction of marine litter; ``(ii) wetland, riverine, and estuary restoration and protection; ``(iii) nearshore and endangered species recovery; and ``(iv) adaptation to climate change. ``(B) Information on the projects, activities, and studies specified under subparagraph (A), including-- ``(i) the identity of each entity receiving assistance pursuant to subsection (e); and ``(ii) a description of the communities to be served. ``(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. ``(3) Consultation.--In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; ``(C) the San Francisco Bay Restoration Authority; and ``(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. ``(d) San Francisco Bay Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay. ``(2) Revision of san francisco bay plan.--Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. ``(3) Outreach.--In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. ``(e) Grant Program.-- ``(1) In general.--The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. ``(B) Non-federal share.--Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. ``(f) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Prohibition.--No amounts made available under this section may be used for the administration of a management conference under section 320. ``(g) Annual Budget Plan.--In each of fiscal years 2022 through 2026, the President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal department and agency involved in San Francisco Bay protection and restoration, including-- ``(1) a report that displays for each Federal agency-- ``(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(B) the proposed budget for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(2) a description and assessment of the Federal role in the implementation of the San Francisco Bay Plan and the specific role of each Federal department and agency involved in San Francisco Bay protection and restoration, including specific projects, activities, and studies conducted or planned to achieve the identified goals and objectives of the San Francisco Bay Plan.''. all
H.R. 610 (Referred in Senate) - San Francisco Bay Restoration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr610rfs/html/BILLS-117hr610rfs.htm	DOC 117th CONGRESS 1st Session H. R. 610 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 16, 2021 Received; read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ AN ACT To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320. ``(2) San francisco bay plan.--The term `San Francisco Bay Plan' means-- ``(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d). ``(b) Program Office.-- ``(1) Establishment.--The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. ``(2) Appointment of director.--The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. ``(3) Delegation of authority; staffing.--The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. ``(c) Annual Priority List.-- ``(1) In general.--After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include the following: ``(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for-- ``(i) water quality improvement, including the reduction of marine litter; ``(ii) wetland, riverine, and estuary restoration and protection; ``(iii) nearshore and endangered species recovery; and ``(iv) adaptation to climate change. ``(B) Information on the projects, activities, and studies specified under subparagraph (A), including-- ``(i) the identity of each entity receiving assistance pursuant to subsection (e); and ``(ii) a description of the communities to be served. ``(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. ``(3) Consultation.--In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; ``(C) the San Francisco Bay Restoration Authority; and ``(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. ``(d) San Francisco Bay Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay. ``(2) Revision of san francisco bay plan.--Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. ``(3) Outreach.--In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. ``(e) Grant Program.-- ``(1) In general.--The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. ``(B) Non-federal share.--Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. ``(f) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Prohibition.--No amounts made available under this section may be used for the administration of a management conference under section 320. ``(g) Annual Budget Plan.--For each of the budgets for fiscal years 2023 through 2026, the President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal department and agency involved in San Francisco Bay protection and restoration, including-- ``(1) a report that displays for each Federal agency-- ``(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(B) the proposed budget for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(2) a description and assessment of the Federal role in the implementation of the San Francisco Bay Plan and the specific role of each Federal department and agency involved in San Francisco Bay protection and restoration, including specific projects, activities, and studies conducted or planned to achieve the identified goals and objectives of the San Francisco Bay Plan.''. Passed the House of Representatives June 15, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 610 (Reported in House) - San Francisco Bay Restoration Act	https://www.govinfo.gov/content/pkg/BILLS-117hr610rh/html/BILLS-117hr610rh.htm	DOC Union Calendar No. 34 117th CONGRESS 1st Session H. R. 610 To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Speier (for herself, Ms. Pelosi, Mr. Huffman, Mr. Garamendi, Mr. Thompson of California, Mr. McNerney, Mr. DeSaulnier, Ms. Lee of California, Mr. Khanna, Ms. Eshoo, and Ms. Lofgren) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned June 4, 2021 Reported from the Committee on Transportation and Infrastructure with an amendment June 4, 2021 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Restoration Act''. SEC. 2. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended by adding at the end the following: ``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Estuary partnership.--The term `Estuary Partnership' means the San Francisco Estuary Partnership, designated as the management conference for the San Francisco Bay under section 320. ``(2) San francisco bay plan.--The term `San Francisco Bay Plan' means-- ``(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary; and ``(B) on and after the date of the completion of the plan developed by the Director under subsection (d), the plan developed by the Director under subsection (d). ``(b) Program Office.-- ``(1) Establishment.--The Administrator shall establish in the Environmental Protection Agency a San Francisco Bay Program Office. The Office shall be located at the headquarters of Region 9 of the Environmental Protection Agency. ``(2) Appointment of director.--The Administrator shall appoint a Director of the Office, who shall have management experience and technical expertise relating to the San Francisco Bay and be highly qualified to direct the development and implementation of projects, activities, and studies necessary to implement the San Francisco Bay Plan. ``(3) Delegation of authority; staffing.--The Administrator shall delegate to the Director such authority and provide such staff as may be necessary to carry out this section. ``(c) Annual Priority List.-- ``(1) In general.--After providing public notice, the Director shall annually compile a priority list, consistent with the San Francisco Bay Plan, identifying and prioritizing the projects, activities, and studies to be carried out with amounts made available under subsection (e). ``(2) Inclusions.--The annual priority list compiled under paragraph (1) shall include the following: ``(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl, and wildlife, that advance the goals and objectives of the San Francisco Bay Plan, for-- ``(i) water quality improvement, including the reduction of marine litter; ``(ii) wetland, riverine, and estuary restoration and protection; ``(iii) nearshore and endangered species recovery; and ``(iv) adaptation to climate change. ``(B) Information on the projects, activities, and studies specified under subparagraph (A), including-- ``(i) the identity of each entity receiving assistance pursuant to subsection (e); and ``(ii) a description of the communities to be served. ``(C) The criteria and methods established by the Director for identification of projects, activities, and studies to be included on the annual priority list. ``(3) Consultation.--In compiling the annual priority list under paragraph (1), the Director shall consult with, and consider the recommendations of-- ``(A) the Estuary Partnership; ``(B) the State of California and affected local governments in the San Francisco Bay estuary watershed; ``(C) the San Francisco Bay Restoration Authority; and ``(D) any other relevant stakeholder involved with the protection and restoration of the San Francisco Bay estuary that the Director determines to be appropriate. ``(d) San Francisco Bay Plan.-- ``(1) In general.--Not later than 5 years after the date of enactment of this section, the Director, in conjunction with the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under section 320 for the San Francisco Bay estuary to develop a plan to guide the projects, activities, and studies of the Office to address the restoration and protection of the San Francisco Bay. ``(2) Revision of san francisco bay plan.--Not less often than once every 5 years after the date of the completion of the plan described in paragraph (1), the Director shall review, and revise as appropriate, the San Francisco Bay Plan. ``(3) Outreach.--In carrying out this subsection, the Director shall consult with the Estuary Partnership and Indian tribes and solicit input from other non-Federal stakeholders. ``(e) Grant Program.-- ``(1) In general.--The Director may provide funding through cooperative agreements, grants, or other means to State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c). ``(2) Maximum amount of grants; non-federal share.-- ``(A) Maximum amount of grants.--Amounts provided to any entity under this section for a fiscal year shall not exceed an amount equal to 75 percent of the total cost of any projects, activities, and studies that are to be carried out using those amounts. ``(B) Non-federal share.--Not less than 25 percent of the cost of any project, activity, or study carried out using amounts provided under this section shall be provided from non-Federal sources. ``(f) Funding.-- ``(1) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2026. ``(2) Administrative expenses.--Of the amount made available to carry out this section for a fiscal year, the Director may not use more than 5 percent to pay administrative expenses incurred in carrying out this section. ``(3) Prohibition.--No amounts made available under this section may be used for the administration of a management conference under section 320. ``(g) Annual Budget Plan.--In each of fiscal years 2022 through 2026, the President, as part of the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, shall submit information regarding each Federal department and agency involved in San Francisco Bay protection and restoration, including-- ``(1) a report that displays for each Federal agency-- ``(A) the amounts obligated in the preceding fiscal year for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(B) the proposed budget for protection and restoration projects, activities, and studies relating to the San Francisco Bay; and ``(2) a description and assessment of the Federal role in the implementation of the San Francisco Bay Plan and the specific role of each Federal department and agency involved in San Francisco Bay protection and restoration, including specific projects, activities, and studies conducted or planned to achieve the identified goals and objectives of the San Francisco Bay Plan.''. Union Calendar No. 34 117th CONGRESS 1st Session H. R. 610 _______________________________________________________________________ A BILL To amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay. _______________________________________________________________________ June 4, 2021 Reported from the Committee on Transportation and Infrastructure with an amendment June 4, 2021 Committee on the Budget discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 611 (Introduced in House) - Rebuilding Our Communities by Keeping aggregates Sustainable Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr611ih/html/BILLS-117hr611ih.htm	DOC 117th CONGRESS 1st Session H. R. 611 To direct the Secretary of Transportation to establish a working group to conduct a study on access to certain resources for infrastructure projects, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Stanton (for himself and Mr. Balderson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Secretary of Transportation to establish a working group to conduct a study on access to certain resources for infrastructure projects, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding Our Communities by Keeping aggregates Sustainable Act of 2021'' or the ``ROCKS Act''. SEC. 2. WORKING GROUP ON COVERED RESOURCES. (a) Establishment.--Not later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish a working group (in this section referred to as the ``Working Group'') to conduct a study on access to covered resources for infrastructure projects. (b) Membership.-- (1) Appointment.--The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources. (2) Representation.--The Working Group shall include at least one representative of each of the following: (A) State departments of transportation. (B) State agencies associated with covered resources protection. (C) State planning and geologic survey and mapping agencies. (D) Commercial motor vehicle operators, including small business operators and operators who transport covered resources. (E) Covered resources producers. (F) Construction contractors. (G) Labor organizations. (H) Metropolitan planning organizations and regional planning organizations. (I) Indian Tribes, including Tribal elected leadership or Tribal transportation officials. (J) Any other stakeholders that the Secretary determines appropriate. (3) Termination.--The Working Group shall terminate 6 months after the date on which the Secretary receives the report under subsection (e)(1). (c) Duties.--In carrying out the study required under subsection (a), the Working Group shall analyze-- (1) the use of covered resources in transportation projects funded with Federal dollars; (2) how the proximity of covered resources to such projects affects the cost and environmental impact of such projects; (3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when developing transportation projects; and (4) any challenges for transportation project sponsors regarding access and proximity to covered resources. (d) Consultation.--In carrying out the study required under subsection (a), the Working Group shall consult with, as appropriate-- (1) chief executive officers of States; (2) State, Tribal, and local transportation and planning agencies; (3) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection; (4) members of the public with industry experience with respect to covered resources; (5) other Federal entities that provide funding for transportation projects; and (6) any other stakeholder the Working Group determines appropriate. (e) Reports.-- (1) Working group report.--Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes-- (A) the findings of the study required under subsection (a), including a summary of comments received during the consultation process under subsection (d); and (B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects. (2) Departmental report.--Not later than 3 months after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the findings under such report and any recommendations, as appropriate. (f) Definitions.--In this Act: (1) Covered resources.--The term ``covered resources'' means common variety materials used in transportation infrastructure construction and maintenance, including stone, sand, and gravel. (2) State.--The term ``State'' means each of the several States, the District of Columbia, and each territory or possession of the United States. all
H.R. 612 (Introduced in House) - Downwinders Parity Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr612ih/html/BILLS-117hr612ih.htm	DOC 117th CONGRESS 1st Session H. R. 612 To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Stanton introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Downwinders Parity Act of 2021''. SEC. 2. INCLUSION UNDER THE RADIATION EXPOSURE COMPENSATION ACT. Section 4(b)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended-- (1) in subparagraph (B)-- (A) by striking ``that portion of''; and (B) by striking ``that consists of townships 13 through 16 at ranges 63 through 71''; and (2) in subparagraph (C), by inserting ``all acreage in any county all or part of which is located in'' before ``that part''. SEC. 3. REPORT. Within 180 days after the date of enactment of this Act, the Attorney General shall submit to the relevant committees of the House of Representatives and of the Senate a report that outlines efforts to educate and conduct outreach to persons made newly eligible for benefits under the amendments made by section 2 of this Act. all
H.R. 612 (Reported in House) - Downwinders Parity Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr612rh/html/BILLS-117hr612rh.htm	DOC Union Calendar No. 158 117th CONGRESS 1st Session H. R. 612 To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Stanton introduced the following bill; which was referred to the Committee on the Judiciary December 20, 2021 Additional sponsors: Mrs. Lee of Nevada, Ms. Titus, Mr. Horsford, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Gallego, Mrs. Kirkpatrick, Mr. O'Halleran, Mr. Grijalva, Mr. Neguse, and Mr. Levin of California December 20, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed _______________________________________________________________________ A BILL To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Downwinders Parity Act of 2021''. SEC. 2. INCLUSION UNDER THE RADIATION EXPOSURE COMPENSATION ACT. Section 4(b)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended-- (1) in subparagraph (B)-- (A) by striking ``that portion of''; and (B) by striking ``that consists of townships 13 through 16 at ranges 63 through 71''; and (2) in subparagraph (C), by inserting ``all acreage in any county all or part of which is located in'' before ``that part''. SEC. 3. REPORT. Within 60 days after the date of enactment of this Act, the Attorney General shall submit to the relevant committees of the House of Representatives and of the Senate a report that outlines efforts to educate and conduct outreach to persons made newly eligible for benefits under the amendments made by section 2 of this Act. Union Calendar No. 158 117th CONGRESS 1st Session H. R. 612 _______________________________________________________________________ A BILL To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes. _______________________________________________________________________ December 20, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
H.R. 613 (Introduced in House) - Securing Access to Lower Taxes by ensuring Deductibility Act	https://www.govinfo.gov/content/pkg/BILLS-117hr613ih/html/BILLS-117hr613ih.htm	DOC 117th CONGRESS 1st Session H. R. 613 To amend the Internal Revenue Code of 1986 to repeal the limitation on the deduction for certain taxes, including State and local property and income taxes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Suozzi (for himself, Mr. Schneider, Mr. Garbarino, Mr. Gottheimer, Mr. Jones, Mrs. Kim of California, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to repeal the limitation on the deduction for certain taxes, including State and local property and income taxes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Access to Lower Taxes by ensuring Deductibility Act'' or the ``SALT Deductibility Act''. SEC. 2. REPEAL OF LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC. TAXES. (a) In General.--Section 164(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (6). (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. all
H.R. 614 (Introduced in House) - Put School Counselors Where They’re Needed Act	https://www.govinfo.gov/content/pkg/BILLS-117hr614ih/html/BILLS-117hr614ih.htm	DOC 117th CONGRESS 1st Session H. R. 614 To amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Sanchez (for herself and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to create a demonstration project to fund additional secondary school counselors in troubled title I schools to reduce the dropout rate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Put School Counselors Where They're Needed Act''. SEC. 2. DEMONSTRATION PROJECT FOR ADDITIONAL SECONDARY SCHOOL COUNSELORS. Part D of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6421 et seq.) is amended by adding at the end the following: ``Subpart 4--Demonstration Project for Additional Secondary School Counselors ``SEC. 1441. FINDINGS. ``The Congress finds the following: ``(1) Nationally, only 85 percent of students graduate from high school with a regular high school diploma. ``(2) Every school year, 523,000 American high school students drop out without earning a high school diploma or an alternative credential. ``(3) Only about 67 percent of American students with limited English proficiency graduated on time from high school. ``(4) Only about 79 percent of Black students, 81 percent of Hispanic students, and 74 percent of American Indian/Alaska Native students graduate on time from high school with a regular diploma, compared to 89 percent of White students and 92 percent of Asian/Pacific Islander students. ``(5) Only about 67 percent of American students with disabilities graduated on time from high school. ``(6) High school is the final transition into adulthood and the world of work as students begin defining their independence and forging their own pathways. As our next generation of leaders, our youth, are deciding their futures, they are faced with many challenges, including peer pressure and bullying, high-stakes testing, the challenges of college admissions, the scholarship and financial aid application process, and entrance into an ever more competitive job market. Students need guidance and skills to help them navigate these complex decisions, which have serious and life changing consequences. ``(7) School counseling programs are essential for students to achieve optimal personal growth, acquire positive social skills and values, set appropriate career goals, and realize full academic potential to become productive, contributing members of the world community. ``(8) Professional secondary school counselors are highly qualified educators with a mental health perspective who understand and respond to the challenges presented by today's diverse student population. ``(9) The professional secondary school counselor holds a master's degree or higher in school counseling (or the substantial equivalent), and is certified or licensed by the State in which the counselor works. ``(10) Professional secondary school counselors are integral to the total educational program. They provide proactive leadership that engages all stakeholders in the delivery of programs and services to help the student achieve success in school. Professional secondary school counselors align and work with the school's mission to support the academic achievement of all students as they prepare for the ever-changing world of the 21st century. ``(11) Professional secondary school counselors' opportunities to assist students are often hindered by extraordinarily high student-to-counselor ratios. Currently, the average student-to-counselor ratio in America's public schools is 430 to 1. The American School Counselor Association, the American Counseling Association, and the National Association for College Admissions Counseling all recommend a ratio of one school counselor to 250 students and a lower ratio for counselors working primarily with students at risk. ``SEC. 1442. DEMONSTRATION PROJECT. ``(a) In General.--From amounts made available to carry out this subpart, the Secretary shall carry out a demonstration project under which the Secretary makes grants on a competitive basis to secondary schools that receive funds under this title and have a four-year adjusted cohort graduation rate of 60 percent or lower. ``(b) Grants.--A grant under this subpart shall be for a period of 4 years and may be used-- ``(1) to provide additional school counselors during that period; and ``(2) to provide additional resources (such as professional development expenses or travel expenses for home visits, and any services and materials referred to in subsection (d)) and to pay overhead expenses. ``(c) Sense of Congress.--It is the sense of Congress that a participating school should aim to provide, under subsection (b)(1), one additional counselor per 250 students at risk. ``(d) Scope of Counseling.--The additional school counselors shall identify students who are at risk of not graduating in 4 years and shall provide counseling primarily to those students. The counselors may identify such students at any time, but shall strive to identify them before they enter grade 9. Services shall be provided as long as necessary, including to the extent allowable and appropriate, after the student's cohort graduation date. The counseling provided-- ``(1) may include a full panoply of services, including an individual graduation plan and other resources, such as appropriate course placement and supplemental services (to include not only supplemental educational services tutoring if available at the school site, but also other tutoring as necessary, along with supplemental books and materials); and ``(2) shall include meetings with each student so identified and with the teachers, tutors, supplemental educational services providers, and parents of the student, and may also include meetings with other relevant individuals, such as a probation officer, mentor, coach, or employer of the student. ``(e) Supplement Not Supplant.--Funds under this subpart shall be used to supplement, not supplant, funds from non-Federal sources. The additional school counselors provided through funds under this subpart must be in addition to any employees who work in the secondary school guidance or counseling office, such as counselors, college admissions specialists, career development specialists, guidance information specialists, or any other professional or paraprofessional. ``(f) Additional Grant Periods.-- ``(1) In general.--A school that receives a grant under this subpart and demonstrates adequate improvement over the period of the grant is eligible to receive a second grant for a second period. If the school again demonstrates adequate improvement over that second period, the school is eligible to receive a third grant for a third period. The third grant shall provide amounts that decrease for each year of the third period and require the school to provide corresponding increases in non-Federal funds. ``(2) Adequate improvement.--For purposes of paragraph (1), a school demonstrates adequate improvement over a grant period if the four-year adjusted cohort graduation rate increases (or is projected to increase) by 10 percent or more over that period. ``(g) Selection.--The Secretary shall carry out the demonstration project in at least 10 schools. The first five schools selected to participate shall each be from a different State. ``SEC. 1443. DEFINITION. ``(a) In General.--For purposes of this subpart. the term `regular high school diploma' means the standard high school diploma awarded to the preponderance of students in the State that is fully aligned with State standards, or a higher diploma, and does not include GEDs, certificates of attendance, or any lesser diploma award. ``(b) Special Rule.--For those students who have significant cognitive disabilities and are assessed using an alternate assessment aligned to alternate achievement standards, receipt of a regular high school diploma or State-defined alternate diploma aligned with completion of their entitlement under the Individuals with Disabilities Education Act shall be counted as graduates with a regular high school diploma for the purposes of this Act. No more than 1 percent of students can be counted as graduates with a regular high school diploma under this subparagraph. ``SEC. 1444. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this subpart $5,000,000 for each of fiscal years 2022 through 2024.''. SEC. 3. CONFORMING AMENDMENT; TABLE OF CONTENTS. (a) Conforming Amendment.--Section 1002(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302(d)) is amended by inserting ``(other than subpart 4)'' after ``part D,''. (b) TOC.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1432 the following: ``Subpart 4--Demonstration Project for Additional Secondary School Counselors ``Sec. 1441. Findings. ``Sec. 1442. Demonstration project. ``Sec. 1443. Definition. ``Sec. 1444. Authorization of appropriations.''. all
H.R. 615 (Introduced in House) - Keeping the Lights On Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr615ih/html/BILLS-117hr615ih.htm	DOC 117th CONGRESS 1st Session H. R. 615 To provide a payroll credit for certain fixed expenses of employers subject to closure by reason of COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Thompson of California (for himself, Mr. Horsford, Mr. Kelly of Pennsylvania, and Mr. Panetta) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide a payroll credit for certain fixed expenses of employers subject to closure by reason of COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keeping the Lights On Act of 2021''. SEC. 2. PAYROLL CREDIT FOR CERTAIN FIXED EXPENSES OF EMPLOYERS SUBJECT TO CLOSURE BY REASON OF COVID-19. (a) In General.--In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 50 percent of the qualified fixed expenses paid or incurred by such employer during such calendar quarter. (b) Limitations and Refundability.-- (1) Limitation.--The qualified fixed expenses which may be taken into account under subsection (a) by any eligible employer for any calendar quarter shall not exceed the least of-- (A) the qualified fixed expenses paid by the eligible employer in the same calendar quarter of calendar year 2019, (B) $50,000; or (C) the greater of-- (i) 25 percent of the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter; or (ii) 6.25 percent of the gross receipts of the eligible employer for calendar year 2019. (2) Credit limited to certain employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes for such calendar quarter (reduced by any credits allowed under subsections (e) and (f) of section 3111 of such Code, sections 7001 and 7003 of the Families First Coronavirus Response Act, section 2301 of the CARES Act, and sections 101, 102, and 304 of this division, for such quarter) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. (3) Refundability of excess credit.-- (A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of the Internal Revenue Code of 1986. (B) Treatment of payments.--For purposes of section 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Definitions.--For purposes of this section-- (1) Applicable employment taxes.--The term ``applicable employment taxes'' means the following: (A) The taxes imposed under section 3111(a) of the Internal Revenue Code of 1986. (B) So much of the taxes imposed under section 3221(a) of such Code as are attributable to the rate in effect under section 3111(a) of such Code. (2) Eligible employer.-- (A) In general.--The term ``eligible employer'' means any employer-- (i) which was carrying on a trade or business immediately prior to the suspension described in clause (iii)(i) or immediately prior to the period described in subparagraph (B); (ii) which had either-- (I) not more than 1,500 full-time equivalent employees (as determined for purposes of determining whether an employer is an applicable large employer for purposes of section 4980H(c)(2) of the Internal Revenue Code of 1986) for calendar year 2019; or (II) not more than $41,500,000 of gross receipts in the last taxable year ending in 2019; and (iii) with respect to any calendar quarter, for which-- (I) the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID- 19); or (II) such calendar quarter is within the period described in subparagraph (B). (B) Significant decline in gross receipts.--The period described in this subparagraph is the period-- (i) beginning with the first calendar quarter beginning after December 31, 2019, for which gross receipts (within the meaning of section 448(c) of the Internal Revenue Code of 1986) for the calendar quarter are less than 80 percent of gross receipts for the same calendar quarter in the prior year; and (ii) ending with the calendar quarter following the first calendar quarter beginning after a calendar quarter described in clause (i) for which gross receipts of such employer are greater than 80 percent of gross receipts for the same calendar quarter in the prior year. (C) Tax-exempt organizations.--In the case of an organization which is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code-- (i) clauses (i) and (iii)(I) of subparagraph (A) shall apply to all operations of such organization; and (ii) any reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of section 6033 of the Internal Revenue Code of 1986. (D) Phase-in of credit where business not suspended and reduction in gross receipts less than 50 percent.-- (i) In general.--In the case of any calendar quarter with respect to which an eligible employer would not be an eligible employer if subparagraph (B)(i) were applied by substituting ``50 percent'' for ``80 percent'', the amount of the credit allowed under subsection (a) shall be reduced by the amount which bears the same ratio to the amount of such credit (determined without regard to this subparagraph) as-- (I) the excess gross receipts percentage point amount; bears to (II) 30 percentage points. (ii) Excess gross receipts percentage point amount.--For purposes of this subparagraph, the term ``excess gross receipts percentage point amount'' means, with respect to any calendar quarter, the excess of-- (I) the lowest of the gross receipts percentage point amounts determined with respect to any calendar quarter during the period ending with such calendar quarter and beginning with the first calendar quarter during the period described in subparagraph (B); over (II) 50 percentage points. (iii) Gross receipts percentage point amounts.--For purposes of this subparagraph, the term ``gross receipts percentage point amount'' means, with respect to any calendar quarter, the percentage (expressed as a number of percentage points) obtained by dividing-- (I) the gross receipts (within the meaning of subparagraph (B)) for such calendar quarter; by (II) the gross receipts for the same calendar quarter in calendar year 2019. (3) Qualified fixed expenses.-- (A) In general.--The term ``qualified fixed expenses'' means the payment or accrual of any covered mortgage obligation, covered rent obligation, or covered utility payment. Such term shall not include the prepayment of any obligation for a period in excess of a month unless the payment for such period is customarily due in advance. (B) Application of definitions.--The terms ``covered mortgage obligation'', ``covered rent obligation'', and ``covered utility payment'' shall each have the same meaning as when used in section 1106 of the CARES Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (5) Wages.-- (A) In general.--The term ``wages'' means wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) and compensation (as defined in section 3231(e) of such Code). For purposes of the preceding sentence (other than for purposes of subsection (b)(2)), wages as defined in section 3121(a) of such Code shall be determined without regard to paragraphs (1), (8), (10), (13), (18), (19), and (22) of section 3121(b) of such Code. (B) Allowance for certain health plan expenses.-- (i) In general.--Such term shall include amounts paid or incurred by the eligible employer to provide and maintain a group health plan (as defined in section 5000(b)(1) of the Internal Revenue Code of 1986), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. (ii) Allocation rules.--For purposes of this section, amounts treated as wages under clause (i) shall be treated as paid with respect to any employee (and with respect to any period) to the extent that such amounts are properly allocable to such employee (and to such period) in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among periods of coverage. (6) Other terms.--Except as otherwise provided in this section, any term used in this section which is also used in chapter 21 or 22 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such chapter. (d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as one employer for purposes of this section. (e) Denial of Double Benefit.--For purposes of chapter 1 of such Code, the gross income of any eligible employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. (f) Certain Governmental Employers.-- (1) In general.--The credit under this section shall not be allowed to the Federal Government, the government of any State, of the District of Columbia, or of any possession of the United States, any tribal government, or any political subdivision, agency, or instrumentality of any of the foregoing. (2) Exception.--Paragraph (1) shall not apply to any organization described in section 501(c)(1) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. (g) Election To Not Take Certain Expenses Into Account.-- (1) In general.--If an eligible employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account any amount of qualified fixed expensees for purposes of determining the credit under this section, such amount of qualified fixed expenses shall not be so taken into account. (2) Coordination with paycheck protection program.--The Secretary, in consultation with the Administrator of the Small Business Administration, shall issue guidance providing that covered mortgage obligations, covered rent obligations, and covered utility payments paid or incurred during the covered period shall not fail to be taken into account as qualified fixed expenses for purposes of determining the credit under this section by reason of an election under paragraph (1) to the extent that a covered loan of the eligible employer is not forgiven by reason of a decision under section 1106(g). Terms used in the preceding sentence which are also used in section 1106 shall have the same meaning as when used in such section. (h) Transfers to Certain Trust Funds.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) and the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund or Account had this section not been enacted. (i) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 of such Code for any failure to make a deposit of applicable employment taxes if the Secretary determines that such failure was due to the anticipation of the credit allowed under this section. (j) Third-Party Payors.--Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2) of such Code. (k) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and guidance as are necessary-- (1) to allow the advance payment of the credit under subsection (a), subject to the limitations provided in this section, based on such information as the Secretary shall require; (2) regulations or other guidance to provide for the reconciliation of such advance payment with the amount of the credit at the time of filing the return of tax for the applicable quarter or taxable year; (3) with respect to the application of the credit under subsection (a) to third-party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504 of the Internal Revenue Code of 1986), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors; (4) for application of subsection (b)(1)(A) and subparagraphs (A)(ii)(II) and (B) of subsection (c)(2) in the case of any employer which was not carrying on a trade or business for all or part of the same calendar quarter in the prior year; and (5) for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a). (l) Application of Section.--This section shall apply only to qualified fixed expenses paid or accrued after March 12, 2020, and before January 1, 2022. (m) Amendment to Paycheck Protection Program to Coordination With Credit for Qualified Fixed Expenses.--Section 1106 of the CARES Act is amended by adding at the end the following new subsection: ``(l) Coordination With Payroll Tax Credit for Qualified Fixed Expenses.--For purposes of this section, any payment of interest on any covered mortgage obligation, any payment on any covered rent obligation, and any covered utility payment shall not include any qualified fixed expenses which are taken into account in determining the credit allowed under section 2 of the Keeping the Lights On Act of 2021.''. all
H.R. 616 (Introduced in House) - Emergency Water is a Human Right Act	https://www.govinfo.gov/content/pkg/BILLS-117hr616ih/html/BILLS-117hr616ih.htm	DOC 117th CONGRESS 1st Session H. R. 616 To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Tlaib (for herself, Ms. Barragan, Ms. Bass, Mr. Blumenauer, Ms. Bonamici, Mr. Bowman, Ms. Bush, Mrs. Bustos, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cohen, Mrs. Watson Coleman, Mr. Connolly, Mr. Deutch, Mrs. Dingell, Mr. Michael F. Doyle of Pennsylvania, Ms. Escobar, Mr. Espaillat, Mr. Garcia of Illinois, Mr. Hastings, Mrs. Hayes, Ms. Jackson Lee, Ms. Jayapal, Ms. Kaptur, Mr. Khanna, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Levin of Michigan, Mr. Lowenthal, Mr. Lynch, Mrs. Carolyn B. Maloney of New York, Mr. McNerney, Ms. Newman, Ms. Norton, Ms. Ocasio-Cortez, Ms. Pingree, Mr. Pocan, Ms. Pressley, Mr. Ryan, Ms. Sanchez, Ms. Schakowsky, Ms. Speier, Ms. Stevens, Mr. Suozzi, Mrs. Trahan, Ms. Velazquez, Ms. Wasserman Schultz, Mr. Thompson of Mississippi, Ms. Moore of Wisconsin, Mr. Sires, Mr. Horsford, Ms. Scanlon, Mr. Jones, Mr. Gomez, Mr. McGovern, Mrs. Axne, Mr. Sarbanes, Ms. Kelly of Illinois, Mr. Cardenas, Mr. Soto, Ms. Kuster, Ms. Meng, Ms. Brownley, Mr. Welch, Mr. Grijalva, Mr. Green of Texas, Ms. Matsui, Mrs. Lawrence, Ms. Craig, Ms. Castor of Florida, and Mr. Raskin) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit water shutoffs during the COVID-19 emergency period, provide drinking and waste water assistance to households, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Water is a Human Right Act''. SEC. 2. HOME ENERGY AND WATER SERVICE CONTINUITY. Any entity receiving financial assistance pursuant to this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to an individual or household, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act. For purposes of this Act, the term ``home energy service'' means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, and electric service, as that term is used in the Public Utility Regulatory Policies Act of 1978, and the term ``public water system'' has the meaning given that term in section 1401 of the Safe Drinking Water Act. Nothing in this Act shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service. SEC. 3. LOW-INCOME HOUSEHOLD DRINKING WATER AND WASTEWATER ASSISTANCE. (a) Authorization of Appropriations.--There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section. Such sums shall remain available until expended. (b) Low-Income Household Drinking Water and Wastewater Assistance.--The Secretary shall make grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services. (c) Use of LIHEAP Resources.--In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall use the existing processes, procedures, policies, and systems in place to carry out the Low-Income Home Energy Assistance Act of 1981, as the Secretary determines appropriate, including by using the application and approval process under such Act to the maximum extent practicable. (d) Allotment.-- (1) Factors.--The Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe taking into account-- (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that are low-income, as determined by the Secretary; (B) the average State or Tribal drinking water and wastewater service rates; and (C) the extent to which the State or Indian Tribe has been impacted by the public health emergency. (2) Notification to congress.--Not later than 15 days after determining an amount to allot to each State or Indian Tribe pursuant to paragraph (1), and prior to making grants under this section, the Secretary shall notify Congress of such allotment amounts. (e) Determination of Low-Income Households.-- (1) Minimum definition of low-income.--In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe shall-- (A) ensure that, at a minimum, all households within 150 percent of the Federal poverty line are included as low-income households; and (B) consider households that have not previously received assistance under the Low-Income Home Energy Assistance Act of 1981 in the same manner as households that have previously received such assistance. (2) Household documentation requirements.--States and Indian Tribes shall-- (A) to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low- income for the purposes of this section; and (B) for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household. (f) Applications.--Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require. (g) State Agreements With Drinking Water and Wastewater Providers.--To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with public water systems, municipalities, nonprofit organizations associated with providing drinking water and wastewater services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section. (h) Administrative Costs.--A State or Indian Tribe that receives a grant under this section may use up to 15 percent of the granted amounts for administrative costs. (i) Federal Agency Coordination.--In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services. (j) Audits.--The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section. (k) Reports to Congress.--The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section-- (1) not later than 1 year after the date of enactment of this section; and (2) upon disbursement of all funds appropriated pursuant to this section. (l) Definitions.--In this section: (1) Indian tribe.--The term ``Indian Tribe'' means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation. (2) Municipality.--The term ``municipality'' has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362). (3) Public health emergency.--The term ``public health emergency'' means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. all
H.R. 617 (Introduced in House) - No Coronavirus Copays for Veterans Act	https://www.govinfo.gov/content/pkg/BILLS-117hr617ih/html/BILLS-117hr617ih.htm	DOC 117th CONGRESS 1st Session H. R. 617 To prohibit the Secretary of Veterans Affairs from charging veterans copayments for preventive services relating to COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Underwood (for herself, Ms. Brownley, Mr. Zeldin, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To prohibit the Secretary of Veterans Affairs from charging veterans copayments for preventive services relating to COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Coronavirus Copays for Veterans Act''. SEC. 2. PROHIBITION ON COPAYMENTS AND COST SHARING FOR VETERANS RECEIVING PREVENTIVE SERVICES RELATING TO COVID-19. (a) Prohibition.--The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for qualifying coronavirus preventive services. The requirement described in this subsection shall take effect with respect to a qualifying coronavirus preventive service on the specified date. (b) Definitions.--In this section, the terms ``qualifying coronavirus preventive service'' and ``specified date'' have the meaning given those terms in section 3203 of the CARES Act (Public Law 116-136). all
H.R. 618 (Introduced in House) - Promoting Access to Credit for Homebuyers Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr618ih/html/BILLS-117hr618ih.htm	DOC 117th CONGRESS 1st Session H. R. 618 To promote access to mortgage credit during the COVID-19 pandemic by preventing restrictions on providing Federal backing for single-family mortgage loans in forbearance, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Vargas (for himself, Ms. Waters, Ms. Velazquez, Mr. Cleaver, Ms. Lee of California, Mrs. Hayes, Mr. Evans, and Ms. Barragan) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To promote access to mortgage credit during the COVID-19 pandemic by preventing restrictions on providing Federal backing for single-family mortgage loans in forbearance, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Access to Credit for Homebuyers Act of 2021''. SEC. 2. FANNIE MAE AND FREDDIE MAC. (a) Purchase Requirements.--During the period that begins 5 days after the date of the enactment of this Act and ends 60 days after the covered period with respect to the mortgage, notwithstanding any other provision of law, an enterprise may not refuse to purchase any single- family mortgage originated on or after February 1, 2020, that otherwise would have been eligible for purchase by such enterprise, solely due to the fact that the borrower has, for the borrower's previous mortgage or on the mortgage being purchased-- (1) entered into forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; (2) requested forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; or (3) inquired as to options related to forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency. (b) Prohibition on Restrictions.--With respect to purchase of single-family mortgages described in subsection (a) and specified in any of paragraphs (1) through (3) of such subsection, an enterprise may not-- (1) establish additional restrictions that are not applicable to similarly situated mortgages under which the borrower is not in forbearance; (2) charge a higher guarantee fee (within the meaning provided such term in section 1327 of the Housing and Community Development Act of 1992 (12 U.S.C. 4547)), or loan level pricing adjustment, or otherwise alter pricing for such mortgages, relative to similarly situated mortgages under which the borrower is not in forbearance; (3) apply repurchase requirements to such mortgages that are more restrictive than repurchase requirements applicable to similarly situated mortgages under which the borrower is not in forbearance; or (4) require lender indemnification of such mortgages, solely due to the fact that the borrower is in forbearance. (c) Fraud Detection.--This section may not be construed to prevent an enterprise from conducting oversight and review of single-family mortgages purchased when a borrower is in forbearance on the borrower's previous mortgage, or on the mortgage being purchased, for purposes of detecting fraud. An enterprise shall report any fraud detected to the Director. (d) Enterprise Capital.--During the period that begins 5 days after the date of the enactment of this Act and ends 60 days after the covered period with respect to a mortgage, notwithstanding any other provision of law, a forbearance on such mortgage shall not be considered to be a delinquency under such mortgage for purposes of calculating capital of an enterprise for any purpose under title XIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4501 et seq.). (e) Rules of Construction.-- (1) Purchase parameters.--This section may not be construed to require an enterprise to purchase single-family mortgages that do not meet existing or amended purchase parameters, other than parameters related to borrower forbearance, established by such enterprise. (2) Employment; income.--This section may not be construed to prevent an enterprise from establishing additional requirements to ensure that a borrower has not lost their job or income prior to a mortgage closing. (f) Implementation.--The Director may issue any guidance, orders, and regulations necessary to carry out this section. SEC. 3. FHA. (a) Prohibition on Restrictions.--During the period that begins 5 days after the date of the enactment of this Act and ends 60 days after the covered period with respect to the mortgage, notwithstanding any other provision of law, the Secretary of Housing and Urban Development may not deny the provision of mortgage insurance for a single-family mortgage originated on or after February 1, 2020, may not implement additional premiums or otherwise alter pricing for such a mortgage, may not require mortgagee indemnification, and may not establish additional restrictions on such a mortgagor, solely due to the fact that the borrower has-- (1) entered into forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; (2) requested forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency; or (3) inquired as to options related to forbearance as a result of a financial hardship due, directly or indirectly, to the COVID-19 emergency. (b) Rules of Construction.-- (1) Insurance.--This section may not be construed to require the Secretary of Housing and Urban Development to provide insurance on single-family mortgages that do not meet existing or amended insurance parameters, other than parameters related to borrower forbearance, established by the Secretary. (2) Employment; income.--This section may not be construed to prevent the Secretary of Housing and Urban Development from establishing additional requirements regarding insurance on single-family mortgages to ensure that a borrower has not lost their job or income prior to a mortgage closing. SEC. 4. REPORTING REQUIREMENTS. (a) FHFA Actions.--During the COVID-19 emergency, the Director may not increase guarantee fees, loan level pricing adjustments, or any other fees or implement any restrictions on access to credit unless the Director provides 48-hour advance notice of such increase or restrictions to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate together with a detailed report of the policy rationale for the decision, including any and all data considered in making such decision. (b) Quarterly Reports by Enterprises and FHA.-- (1) Requirement.--Each enterprise and the Secretary of Housing and Urban Development, with respect to the FHA mortgage insurance programs, shall provide reports to the Congress, and make such reports publicly available, not less frequently than quarterly regarding the impact of COVID-19 pandemic on the such enterprises' and program's ability to meet their charter requirements, civil rights responsibilities, mandates under the CARES Act (Public Law 116-136), and other laws enacted in response to the COVID-19 pandemic, and other requirements under law. The first such report shall be submitted not later than the expiration of the 3-month period beginning upon the date of the enactment of this Act and the requirement under this paragraph to submit such reports shall terminate upon the expiration of the 2-year period beginning upon the termination of the COVID-19 emergency. (2) Content.--Each report required under paragraph (1) shall include the following information for the most recent quarter for which data is available: (A) Enterprises.--For each report required by an enterprise: (i) The number of single-family and multi- family residential mortgage loans purchased by the enterprise and the unpaid principal balance of such mortgage loans purchased, disaggregated by-- (I) mortgage loans made to low- and moderate-income borrowers; (II) mortgage loans made for properties in low- and moderate-income census tracts; and (III) mortgage loans made for properties in central cities, rural areas, and underserved areas. (ii) In the single-family residential mortgage market-- (I) the total number, unpaid principal balance, and length of forbearances provided to borrowers, including whether or not the forbearance was requested by the borrower; (II) a detailed breakdown of the loan modifications offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of loan modifications ultimately made to borrowers; (III) a detailed breakdown of the home retention options offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of other home retention options ultimately made to borrowers; (IV) the total number of outcomes that included short-sales, deed-in-lieu of foreclosure, and foreclosure sales; and (V) the total number of delinquent mortgage loans. (iii) A description of any efforts by the enterprise to provide assistance and support to consumers who are not proficient in English. (iv) A description of any other efforts by the enterprise to provide assistance to low- and moderate-income communities, central cities, rural areas, and other underserved areas, such as financial literacy and education or support of fair housing and housing counseling agencies. (v) A description of any other assistance provided by the enterprise to consumers in response to the COVID-19 pandemic. (B) FHA.--For each report required with respect to the FHA mortgage insurance programs: (i) The number and unpaid principal balance for all residential mortgage loans, disaggregated by type, insured under such programs. (ii) The total number, unpaid principal balance, and length of forbearances provided to borrowers, including whether or not the forbearance was requested by the borrower. (iii) A detailed breakdown of the loan modifications offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of loan modifications ultimately made to borrowers. (iv) A detailed breakdown of the home retention options offered to borrowers and whether the borrowers accepted the offer including the total number and unpaid principal balance of other home retention options ultimately made to borrowers. (v) A description of any efforts under such programs to provide assistance and support to consumers who are not proficient in English. (vi) A description of any other efforts under such programs to provide assistance to low- and moderate-income communities, central cities, rural areas, and other underserved areas, such as financial literacy and education or support of fair housing and housing counseling agencies. (vii) A description of any other assistance provided under such programs to consumers in response to the COVID-19 pandemic. (viii) The total number of delinquent mortgage loans. (C) Provisions to be included in all reports.--Each report required under paragraph (1) shall include, to the degree reasonably possible, the following information: (i) An analysis of all loan level data required by subparagraphs (A) and (B) disaggregated by race, national origin, gender, disability status, whether or not the borrower seeking or obtaining assistance speaks English as a second language, the preferred language of the borrower, debt-to-income level of the borrower, loan-to-value ratio of the loan, and credit score of the borrower. (ii) A geographical analysis at the census tract level, but if information is not available at the census tract level for any of the items required by subparagraphs (A) and (B), the geographical analysis shall be provided at the zip code level for the item for which a census tract analysis was not possible. (iii) A description of any policy changes made by the enterprise or Secretary of Housing and Urban Development, as appropriate, in response to the COVID-19 pandemic and analysis of actions taken to ensure that such policy changes were in compliance with all relevant civil rights responsibilities, including the Fair Housing Act, including the Affirmatively Furthering Fair Housing provision, the Equal Credit Opportunity Act, the Community Reinvestment Act of 1977, the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, the Housing and Economic Recovery Act of 2008, Federal Home Loan Bank Act, Executive Orders 11063 and 12892, the Federal National Mortgage Association Charter Act, and the Federal Home Loan Mortgage Corporation Act. (c) Report by GAO.--Not later than the expiration of the 120-day period that begins upon the termination of the COVID-19 emergency, the Comptroller General of the United States shall submit to the Congress and make publicly available a report on-- (1) the extent to which the enterprises and the FHA mortgage insurance programs provided loan products, forbearances, loan modifications, and COVID-19-related assistance to consumers and the total number of delinquent mortgage loans under such programs; (2) the availability and type of any such assistance provided post-forbearance; and (3) the overall ability of the enterprises and the FHA mortgage insurance programs to successfully meet their charter requirements, civil rights responsibilities, and other requirements under law. The report shall also include an analysis of all loan level data required by this subsection disaggregated by race, national origin, gender, disability status, whether or not the borrower seeking or obtaining assistance speaks English as a second language, the preferred language of the borrower, debt-to-income level of the borrower, loan- to-value ratio of the loan, and credit score of the borrower. SEC. 5. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Covered period.--The term ``covered period'' means, with respect to a federally backed mortgage loan, the period of time during which the borrower under such loan may request forbearance on the loan under section 4022(b) of the CARES Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490). (2) COVID-19 emergency.--The term ``COVID-19 emergency'' has the meaning given such term in section 4022 of the CARES Act (15 U.S.C. 9056; Public Law 116-136; 134 Stat. 490). (3) Director.--The term ``Director'' means the Director of the Federal Housing Finance Agency. (4) Enterprise.--The term ``enterprise'' has the meaning given such term in section 1303 of the Housing and Community Development Act of 1992 (12 U.S.C. 4502). all
H.R. 619 (Introduced in House) - Born-Alive Abortion Survivors Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr619ih/html/BILLS-117hr619ih.htm	DOC 117th CONGRESS 1st Session H. R. 619 To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Wagner (for herself, Mr. Scalise, Mr. Taylor, Mrs. Hinson, Mr. Moore of Utah, Mr. Mooney, Mr. Gaetz, Mr. Budd, Mr. Westerman, Mr. Brooks, Mr. Kelly of Pennsylvania, Mr. Mullin, Mr. Burchett, Mr. Joyce of Pennsylvania, Mrs. Miller of West Virginia, Mr. Nehls, Mr. Duncan, Mr. Austin Scott of Georgia, Mr. Williams of Texas, Mr. McKinley, Mr. Hudson, Mr. Fleischmann, Mr. Bergman, Mr. Long, Mr. Timmons, Mr. Aderholt, Mr. Gonzalez of Ohio, Mr. Rogers of Alabama, Mr. Wilson of South Carolina, Mr. Hill, Mr. Gallagher, Mr. Zeldin, Mr. Simpson, Mr. Grothman, Mr. Waltz, Mr. Posey, Mr. Allen, Mr. Huizenga, Mr. Guthrie, Mr. Norman, Mr. Palmer, Mr. Reschenthaler, Mr. Fulcher, Ms. Herrera Beutler, Mr. Wittman, Mr. Johnson of South Dakota, Mr. Graves of Louisiana, Mr. Rodney Davis of Illinois, Mr. Walberg, Mrs. Rodgers of Washington, Mr. Carl, Mr. Lamborn, Mr. Babin, Mr. Sessions, Ms. Stefanik, Mr. Latta, Mr. Bost, Mr. Diaz-Balart, Mr. Baird, Mr. Bishop of North Carolina, Mr. Gohmert, Mr. Dunn, Ms. Foxx, Mr. Banks, Mr. Wenstrup, Mrs. Walorski, Mrs. Fischbach, Mr. Chabot, Mr. Smith of Missouri, Mr. Rutherford, Mr. Luetkemeyer, Mr. Donalds, Mr. Pfluger, Mr. Palazzo, Miss Gonzalez-Colon, Mr. Burgess, Mr. Hern, Mr. Keller, Mr. Curtis, Mr. Garbarino, Mr. Kustoff, Mr. Webster of Florida, Mr. Hollingsworth, Mr. Rouzer, Mr. Smith of Nebraska, Mr. Feenstra, Mr. Jordan, Mr. Wright, Mr. Estes, Mr. Murphy of North Carolina, Mr. Rose, Mr. Johnson of Ohio, Mr. Moore of Alabama, Mr. Stauber, Mr. Bucshon, Mr. Smith of New Jersey, Mr. LaMalfa, Mr. Joyce of Ohio, Mr. McHenry, Mr. Fallon, Mrs. Harshbarger, Mr. Cawthorn, Mr. Barr, Mr. Bentz, Mr. Graves of Missouri, Mr. Newhouse, Mr. Steube, Ms. Herrell, Mr. Hagedorn, Mr. Cloud, Mr. McClintock, Mr. Jackson, Mr. Schweikert, Mr. Stewart, Mr. Bacon, Mr. Pence, Mr. Balderson, Mr. Harris, Mrs. Cammack, Mr. Gibbs, Mr. Moolenaar, Mrs. Greene of Georgia, Mr. Hice of Georgia, Mr. Meuser, Mr. Crawford, Mr. Gooden of Texas, Mr. Bilirakis, Mr. Good of Virginia, Mr. Weber of Texas, Mr. Gosar, Mrs. Hartzler, Mr. Kelly of Mississippi, Mr. Tony Gonzales of Texas, Mr. Guest, Mr. Womack, Mr. C. Scott Franklin of Florida, Mr. Arrington, Mrs. Lesko, Mr. Amodei, Mr. Roy, Mr. Ferguson, Mrs. Boebert, Mr. Davidson, Mr. Carter of Georgia, Mrs. Bice of Oklahoma, Mr. Buck, Mr. Smucker, Mr. Crenshaw, Mr. Thompson of Pennsylvania, Mr. Mann, Mrs. Steel, Mr. Van Drew, Mr. Fitzgerald, Mrs. Miller-Meeks, Mr. Jacobs of New York, Mr. Brady, Mr. Biggs, Mr. McCarthy, Mr. LaHood, Mr. Young, Mr. Owens, Mr. Tiffany, Mr. Garcia of California, Mrs. Kim of California, Mr. Emmer, Mr. Stivers, Mr. Valadao, Mrs. Miller of Illinois, Ms. Malliotakis, Mr. LaTurner, Mr. Rogers of Kentucky, Mr. Rosendale, Mr. Issa, Mr. Kinzinger, Mr. Steil, Ms. Cheney, Mr. Johnson of Louisiana, Mr. Fortenberry, Mr. Clyde, Ms. Mace, Mr. Perry, Mr. Lucas, Mr. Higgins of Louisiana, Mr. Gimenez, Mr. Meijer, Mr. Mast, Mr. Armstrong, Mr. Cline, Mr. Turner, Mrs. Spartz, Mr. Green of Tennessee, and Mr. Cole) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit a health care practitioner from failing to exercise the proper degree of care in the case of a child who survives an abortion or attempted abortion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Born-Alive Abortion Survivors Protection Act''. SEC. 2. FINDINGS; CONSTITUTIONAL AUTHORITY. (a) Findings.--Congress finds as follows: (1) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws of the United States, and entitled to all the protections of such laws. (2) Any infant born alive after an abortion or within a hospital, clinic, or other facility has the same claim to the protection of the law that would arise for any newborn, or for any person who comes to a hospital, clinic, or other facility for screening and treatment or otherwise becomes a patient within its care. (b) Constitutional Authority.--In accordance with the above findings, Congress enacts the following pursuant to Congress' power under-- (1) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (2) section 8 of article I to make all laws necessary and proper for carrying into execution the powers vested by the Constitution of the United States, including the power to regulate commerce under clause 3 of such section. SEC. 3. BORN-ALIVE INFANTS PROTECTION. (a) Requirements Pertaining to Born-Alive Abortion Survivors.-- Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following: ``Sec. 1532. Requirements pertaining to born-alive abortion survivors ``(a) Requirements for Health Care Practitioners.--In the case of an abortion or attempted abortion that results in a child born alive (as defined in section 8 of title 1, United States Code (commonly known as the `Born-Alive Infants Protection Act')): ``(1) Degree of care required; immediate admission to a hospital.--Any health care practitioner present at the time the child is born alive shall-- ``(A) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and ``(B) following the exercise of skill, care, and diligence required under subparagraph (A), ensure that the child born alive is immediately transported and admitted to a hospital. ``(2) Mandatory reporting of violations.--A health care practitioner or any employee of a hospital, a physician's office, or an abortion clinic who has knowledge of a failure to comply with the requirements of paragraph (1) shall immediately report the failure to an appropriate State or Federal law enforcement agency, or to both. ``(b) Penalties.-- ``(1) In general.--Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both. ``(2) Intentional killing of child born alive.--Whoever intentionally performs or attempts to perform an overt act that kills a child born alive described under subsection (a), shall be punished as under section 1111 of this title for intentionally killing or attempting to kill a human being. ``(c) Bar to Prosecution.--The mother of a child born alive described under subsection (a) may not be prosecuted under this section, for conspiracy to violate this section, or for an offense under section 3 or 4 of this title based on such a violation. ``(d) Civil Remedies.-- ``(1) Civil action by a woman on whom an abortion is performed.--If a child is born alive and there is a violation of subsection (a), the woman upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief. ``(2) Appropriate relief.--Appropriate relief in a civil action under this subsection includes-- ``(A) objectively verifiable money damage for all injuries, psychological and physical, occasioned by the violation of subsection (a); ``(B) statutory damages equal to 3 times the cost of the abortion or attempted abortion; and ``(C) punitive damages. ``(3) Attorney's fee for plaintiff.--The court shall award a reasonable attorney's fee to a prevailing plaintiff in a civil action under this subsection. ``(4) Attorney's fee for defendant.--If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. ``(e) Definitions.--In this section the following definitions apply: ``(1) Abortion.--The term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability, to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child. ``(2) Attempt.--The term `attempt', with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.''. (b) Clerical Amendment.--The table of sections for chapter 74 of title 18, United States Code, is amended by inserting after the item pertaining to section 1531 the following: ``1532. Requirements pertaining to born-alive abortion survivors.''. (c) Chapter Heading Amendments.-- (1) Chapter heading in chapter.--The chapter heading for chapter 74 of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. (2) Table of chapters for part i.--The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended by striking ``Partial-Birth Abortions'' and inserting ``Abortions''. all
H.R. 61 (Introduced in House) - Midnight Rules Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr61ih/html/BILLS-117hr61ih.htm	DOC 117th CONGRESS 1st Session H. R. 61 To amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for ``midnight rules'', and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend chapter 8 of title 5, United States Code, to provide for en bloc consideration in resolutions of disapproval for ``midnight rules'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Midnight Rules Relief Act of 2021''. SEC. 2. EN BLOC CONSIDERATION OF RESOLUTIONS OF DISAPPROVAL PERTAINING TO ``MIDNIGHT RULES''. (a) In General.--Section 801(d) of title 5, United States Code, is amended by adding at the end the following: ``(4) In applying section 802 to rules described under paragraph (1), a joint resolution of disapproval may contain one or more such rules if the report under subsection (a)(1)(A) for each such rule was submitted during the final year of a President's term.''. (b) Text of Resolving Clause.--Section 802(a) of title 5, United States Code, is amended-- (1) by inserting after ``resolving clause of which is'' the following: ``(except as otherwise provided in this subsection)''; and (2) by adding at the end the following: ``In the case of a joint resolution under section 801(d)(4), the matter after the resolving clause of such resolution shall be as follows: `That Congress disapproves the following rules: the rule submitted by the __ relating to __; and the rule submitted by the __ relating to __. Such rules shall have no force or effect.' (The blank spaces being appropriately filled in and additional clauses describing additional rules to be included as necessary)''. all
H.R. 620 (Introduced in House) - Dignity for Aborted Children Act	https://www.govinfo.gov/content/pkg/BILLS-117hr620ih/html/BILLS-117hr620ih.htm	DOC 117th CONGRESS 1st Session H. R. 620 To protect the dignity of fetal remains, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Walorski (for herself, Mr. Banks, Mr. Mooney, Mr. Kelly of Pennsylvania, Mr. Hollingsworth, Mr. Gooden of Texas, Mr. Gaetz, Mr. Hice of Georgia, Mr. Aderholt, Mr. Hern, Mrs. Miller of Illinois, Mr. Norman, Mr. Budd, Mr. Allen, Mr. Kelly of Mississippi, Mr. Biggs, Mr. Duncan, Mr. McKinley, Mr. Moore of Alabama, Mr. LaHood, Mr. Weber of Texas, Mr. Williams of Texas, Mr. Bucshon, Mr. Joyce of Pennsylvania, Mr. Lamborn, Mr. Babin, Mr. Bost, Mr. Jackson, Mr. Chabot, Ms. Cheney, Mr. Smith of Missouri, Mr. Steube, Mr. Wenstrup, Mr. Baird, Mrs. Lesko, Mrs. Hartzler, Mrs. Wagner, Mrs. Fischbach, Ms. Herrell, Mr. Pence, and Mr. Cawthorn) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To protect the dignity of fetal remains, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dignity for Aborted Children Act''. SEC. 2. PROTECTION OF FETAL REMAINS. (a) In General.--Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498F. PROTECTION OF FETAL REMAINS. ``(a) Consent Requirement.-- ``(1) In general.--Any abortion provider, after performing an abortion in or affecting interstate or foreign commerce, shall provide the patient with an informed consent form, offering the patient the following options for disposal of the human fetal tissue from the abortion: ``(A) The patient may take possession of the human fetal tissue and may choose to transfer the tissue to an entity providing interment or cremation services. ``(B) The patient may elect to release the human fetal tissue to the abortion provider, who shall be subject to the requirements of subsection (b), except that the option described in this subparagraph shall not be available if the patient does not expel the human fetal tissue at the premises of the abortion provider. ``(2) Consent requirements.--An abortion provider described in paragraph (1) shall-- ``(A) obtain a patient signature on each consent form required under paragraph (1); and ``(B) retain each such form in the patient's file. ``(b) Provider Disposal Requirement; Reporting Requirements.-- ``(1) In general.--It shall be unlawful for any abortion provider who, after performing an abortion, in or affecting interstate or foreign commerce, in which the woman on whom the abortion was performed elects, pursuant to subsection (a)(1)(B), to release the human fetal tissue to the abortion provider, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed. Such final disposition of human fetal tissue may be carried out through interment or cremation of tissue from more than one abortion procedure collectively. ``(2) Reporting by abortion providers.--Each abortion provider described in subsection (a)(1) shall submit annual reports to the Secretary indicating, with respect to the reporting period-- ``(A) the aggregate number of abortion procedures performed by such abortion provider; ``(B) the gestational age at the time of each such procedure; ``(C) for abortions carried out using an abortion method other than chemical abortion-- ``(i) the aggregate number of fetal remains for which the abortion provider provides for final disposition through interment or cremation (other than by releasing the fetal remains to patients); and ``(ii) the aggregate number of fetal remains released to patients; and ``(D) the identity of each person (not including the patient) to whom the abortion provider transfers fetal remains for final disposition. ``(3) Reporting by third parties.--If, during a reporting period under paragraph (2), an abortion provider transfers fetal remains to another person (not including the patient) for final disposition through interment or cremation, such person shall submit a report to the Secretary for the reporting period specifying-- ``(A) the aggregate number of human remains transferred to such person; and ``(B) how the person disposed of such remains. ``(c) Penalties.-- ``(1) Informed consent violations.--An abortion provider who fails to maintain the documentation required under subsection (a)(2)(B) shall be subject to civil monetary penalties in an amount not to exceed $50,000. ``(2) Disposal violations.--Any abortion provider who violates subsection (b)(1) shall be fined in accordance with title 18, United States Code, imprisoned not more than 5 years, or both. ``(3) Reporting.--Any abortion provider who violates subsection (b)(2), and any person who violates subsection (b)(3), shall be fined in accordance with title 18, United States Code. ``(4) Bar to prosecution.--A patient upon whom an abortion in violation of subsection (b) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, paragraph (1), or for an offense under section 2, 3, or 4 of title 18, United States Code, based on such a violation. ``(d) Annual Reports by the Secretary.--The Secretary shall submit to Congress an annual report on the number of abortions by State, procedure type, and method of disposal of human fetal tissue. ``(e) Non-Preemption.--Nothing in this section shall preempt any State requirement that, at a minimum, requires interment or cremation in the same manner that other human remains are required to be treated in such State. ``(f) Definitions.--In this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) after viability to produce a live birth and preserve the life and health of the child born alive; or ``(ii) to remove a dead unborn child; ``(2) the term `abortion provider' means an individual or entity that performs abortions; and ``(3) the term `human fetal tissue' has the meaning given the term in section 498A(g).''. all
H.R. 621 (Introduced in House) - Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act	https://www.govinfo.gov/content/pkg/BILLS-117hr621ih/html/BILLS-117hr621ih.htm	DOC 117th CONGRESS 1st Session H. R. 621 To prohibit contracting with persons that have business operations with the Maduro regime, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Waltz (for himself, Ms. Wasserman Schultz, Mr. Diaz-Balart, Mrs. Murphy of Florida, Ms. Salazar, Miss Gonzalez-Colon, Mr. Gimenez, Mr. Gaetz, Mr. Hastings, Mr. Fitzpatrick, Mr. Posey, and Mr. Gonzalez of Ohio) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To prohibit contracting with persons that have business operations with the Maduro regime, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Banning Operations and Leases with the Illegitimate Venezuelan Authoritarian Regime Act'' or the ``BOLIVAR Act''. SEC. 2. PROHIBITION ON CONTRACTING WITH PERSONS THAT HAVE BUSINESS OPERATIONS WITH THE MADURO REGIME. (a) Prohibition.--Except as provided under subsections (c), (d), and (e), the head of an executive agency may not enter into a contract for the procurement of goods or services with any person that has business operations with an authority of the government of Venezuela that is not recognized as the legitimate government of Venezuela by the United States Government. (b) Exceptions.-- (1) In general.--The prohibition under subsection (a) does not apply to a contract that the head of an executive agency and the Secretary of State jointly determine-- (A) is necessary-- (i) for purposes of providing humanitarian assistance to the people of Venezuela; (ii) for purposes of providing disaster relief and other urgent life-saving measures; or (iii) to carry out noncombatant evacuations; or (B) is vital to the national security interests of the United States. (2) Notification requirement.--The head of an executive agency shall notify each appropriate congressional committee, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate of any contract entered into on the basis of an exception provided for under paragraph (1). (c) Office of Foreign Assets Control Licenses.--The prohibition in subsection (a) shall not apply to a person that has a valid license to operate in Venezuela issued by the Office of Foreign Assets Control of the Department of the Treasury. (d) American Diplomatic Mission in Venezuela.--The prohibition in subsection (a) shall not apply to contracts related to the operation and maintenance of the United States Government's consular offices and diplomatic posts in Venezuela. (e) Definitions.--In this section: (1) Business operations.--The term ``business operations'' means engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce. (2) Executive agency.--The term ``executive agency'' has the meaning given the term in section 133 of title 41, United States Code. (3) Government of venezuela.--The term ``government of Venezuela'' includes the government of any political subdivision of Venezuela, and any agency or instrumentality of the Government of Venezuela. For purposes of this paragraph, the term ``agency or instrumentality of the Government of Venezuela'' means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to ``a foreign state'' deemed to be a reference to ``Venezuela''. (4) Person.--The term ``person'' means-- (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; (B) any governmental entity or instrumentality of a government, including a multilateral development institution (as defined in section 1701(c)(3) of the International Financial Institutions Act (22 U.S.C. 262r(c)(3))); and (C) any successor, subunit, parent entity, or subsidiary of, or any entity under common ownership or control with, any entity described in subparagraph (A) or (B). (f) Applicability.--This section shall apply with respect to any contract entered into on or after the date of the enactment of this section. all
H.R. 622 (Introduced in House) - Officer Brian D. Sicknick Congressional Gold Medal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr622ih/html/BILLS-117hr622ih.htm	DOC 117th CONGRESS 1st Session H. R. 622 To award posthumously a Congressional Gold Medal to Officer Brian D. Sicknick, for giving his life to protect the Capitol and the Members and staff of Congress on January 6, 2021. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mrs. Watson Coleman (for herself, Mr. Beyer, Ms. Stevens, Mr. Hastings, Ms. Sewell, Ms. Schakowsky, Mr. Keating, Mr. Pallone, Mr. Correa, Mr. Johnson of Georgia, Ms. Bonamici, Ms. Roybal-Allard, Ms. Jackson Lee, Mr. DeFazio, Mr. Kilmer, Mr. Pascrell, Ms. Sanchez, Ms. Lee of California, Mrs. Napolitano, Mr. Deutch, Mr. McGovern, Ms. Norton, Mr. Vicente Gonzalez of Texas, Mr. Evans, Mrs. Torres of California, Mr. Carl, Mr. Tonko, Mrs. Kirkpatrick, Mr. Kim of New Jersey, Mr. Sean Patrick Maloney of New York, Ms. Johnson of Texas, Mr. Thompson of California, Ms. Sherrill, Mr. Smith of New Jersey, Mr. Sires, Ms. Meng, and Mr. Levin of California) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To award posthumously a Congressional Gold Medal to Officer Brian D. Sicknick, for giving his life to protect the Capitol and the Members and staff of Congress on January 6, 2021. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Brian D. Sicknick Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Capitol is the most recognizable symbol of liberty and democracy throughout the world and those who guard the Capitol guard our freedom. (2) Officer Brian D. Sicknick sacrificed his life to protect the lives of hundreds of staff and Members of Congress. (3) Officer Brian D. Sicknick was the youngest of three sons. (4) Officer Brian D. Sicknick graduated from high school in 1997 and joined the New Jersey Air National Guard the same year. (5) Officer Brian D. Sicknick was deployed overseas to Saudi Arabia in Operation Southern Watch in 1999 and to Kyrgyzstan in support of the war in Afghanistan. (6) Officer Brian D. Sicknick was honorably discharged in 2003. (7) Officer Brian D. Sicknick joined the United States Capitol Police in 2008. (8) Officer Brian D. Sicknick most recently served in the United States Capitol Police's First Responder's Unit. (9) Officer Brian D. Sicknick responded to the riots on Wednesday, January 6, 2021. (10) Officer Brian D. Sicknick was injured while physically engaging with rioters and ultimately succumbed to his injuries on January 7, 2021. (11) Officer Brian D. Sicknick was the fourth United States Capitol Police officer in history to be killed in the line of duty. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Officer Brian D. Sicknick, for giving his life to protect the Capitol and the Members and staff of Congress on January 6, 2021. (b) Design and Striking.--For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Transfer of Medal.--Following the award of the gold medal under subsection (a), the gold medal shall be given to Officer Brian D. Sicknick's parents, Charles and Gladys Sicknick. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. all
H.R. 623 (Introduced in House) - Gabriella Miller Kids First Research Act 2.0	https://www.govinfo.gov/content/pkg/BILLS-117hr623ih/html/BILLS-117hr623ih.htm	DOC 117th CONGRESS 1st Session H. R. 623 To require certain civil penalties to be transferred to a fund through which amounts are made available for the Gabriella Miller Kids First Pediatric Research Program at the National Institutes of Health, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. Wexton (for herself, Mr. Cole, Mr. Welch, Mr. Bilirakis, Mr. McKinley, Mr. Butterfield, Mr. Connolly, Mr. Cohen, Mr. Cardenas, Ms. Barragan, Mr. O'Halleran, Ms. Spanberger, Mr. Mullin, Mr. Evans, Ms. Scanlon, Mr. Tonko, Ms. Matsui, and Ms. Pressley) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require certain civil penalties to be transferred to a fund through which amounts are made available for the Gabriella Miller Kids First Pediatric Research Program at the National Institutes of Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Gabriella Miller Kids First Research Act 2.0''. SEC. 2. TRANSFER OF FUNDS TO THE PEDIATRIC RESEARCH INITIATIVE. Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd- 1) is amended by adding at the end the following: ``(h) Transfer of Amounts.-- ``(1) In general.--Except as provided under section 21F(g)(3), the Secretary of the Treasury shall transfer to the Pediatric Research Initiative Fund described in section 9008(i)(2) of the Internal Revenue Code of 1986 (the `Fund'), an amount equal to the sum of all civil monetary sanctions, including penalties, disgorgement, and interest, recovered under this section, section 13(b)(2), or section 32(c), including pursuant to any settlement agreement or other resolution with the Commission, from persons-- ``(A) registered under section 510(b)(1) or section 510(i)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act; ``(B) that produce, manufacture, sell, transport, or distribute dietary supplements (as defined in section 201(ff) of the Federal Food, Drug, and Cosmetic Act); or ``(C) that produce, manufacture, sell, transport, or distribute cosmetics (as defined in section 201(i) of the Federal Food, Drug, and Cosmetic Act). ``(2) Exception for funds to be paid to harmed investors.-- Paragraph (1) shall not apply to any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the securities laws that is added to a disgorgement fund or other fund under section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246). ``(3) Application.--Amounts transferred to the Fund under this subsection shall-- ``(A) be transferred in the manner described under section 9601 of the Internal Revenue Code of 1986; and ``(B) be available as described in section 9008(i)(2) of such Code.''. SEC. 3. FUNDING FOR THE PEDIATRIC RESEARCH INITIATIVE. (a) Section 402A(a)(2) of the Public Health Service Act (42 U.S.C. 282a(a)(2)) is amended-- (1) in the heading, by striking ``10-year''; (2) by striking ``the Common Fund'' and inserting ``the Division of Program Coordination, Planning, and Strategic Initiatives''; (3) by striking ``10-Year''; and (4) by inserting before the period the following: ``, and amounts transferred into the Pediatric Research Initiative Fund under section 30A(h) of the Securities Exchange Act of 1934''. (b) Section 402(b)(7)(B)(ii) of the Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by striking ``the Common Fund'' and inserting ``the Division of Program Coordination, Planning, and Strategic Initiatives''. (c) Section 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking ``10-year''. SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC RESEARCH. (a) Sense of Congress.--It is the sense of the Congress that the Director of the National Institutes of Health should oversee and coordinate research that is conducted or supported by the National Institutes of Health for research on pediatric cancer and other pediatric diseases and conditions, including through the Pediatric Research Initiative Fund. (b) Avoiding Duplication.--Section 402(b)(7)(B)(ii) of the Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by inserting ``and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health'' before ``; and''. all
H.R. 624 (Introduced in House) - Parris Island Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr624ih/html/BILLS-117hr624ih.htm	DOC 117th CONGRESS 1st Session H. R. 624 To prohibit the use of Federal funds to close or realign the Marine Corps Recruit Depot located at Parris Island, South Carolina. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Wilson of South Carolina (for himself, Ms. Mace, Mr. Norman, Mr. Timmons, Mr. Rice of South Carolina, Mr. Duncan, and Mr. Tiffany) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To prohibit the use of Federal funds to close or realign the Marine Corps Recruit Depot located at Parris Island, South Carolina. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Parris Island Protection Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Marine Corps Recruit Depot located at Parris Island, South Carolina (in this section referred to as ``Parris Island''), has served the United States as a home to the Marine Corps since 1891. (2) Parris Island was the first, and remains the only, facility to integrate women in boot camp training for the Marine Corps in the United States. (3) Female recruits have trained at Parris Island since 1949. (4) The first integrated company of male and female recruits graduated from Parris Island in 2019. (5) Parris Island has cultivated a legacy of excellence and faithful service to the United States. (6) Parris Island is and shall remain the physical home of the U.S. Marine Corps Eastern Recruiting Region. SEC. 3. PROHIBITION OF CLOSING OR REALIGNMENT OF MARINE CORPS RECRUIT DEPOT LOCATED AT PARRIS ISLAND, SOUTH CAROLINA. No Federal funds may be used to close or realign Marine Corps Recruit Depot, Parris Island, South Carolina, or to conduct any planning or other activity related to such closure or realignment. all
H.R. 625 (Introduced in House) - Military Child Educational Freedom Act	https://www.govinfo.gov/content/pkg/BILLS-117hr625ih/html/BILLS-117hr625ih.htm	DOC 117th CONGRESS 1st Session H. R. 625 To amend the Internal Revenue Code of 1986 to expand school choice opportunities for children of active duty members of the Armed Forces of the United States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Wilson of South Carolina (for himself, Mr. Kelly of Mississippi, Mr. Tiffany, Mr. Rice of South Carolina, Mr. Joyce of Pennsylvania, Mr. Calvert, Mr. LaMalfa, Mr. Moolenaar, Mr. Latta, Mr. Hagedorn, Mr. Perry, and Mr. Carl) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to expand school choice opportunities for children of active duty members of the Armed Forces of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Child Educational Freedom Act''. SEC. 2. SPECIAL RULE FOR HOME SCHOOLS OF ACTIVE DUTY MILITARY. (a) In General.--Section 530(b)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(D) Special rule for home schools of active duty members of the armed forces of the united states.--For purposes of clauses (i) and (iii) of subparagraph (A), if either the taxpayer or the spouse of the taxpayer is serving on extended active duty (within the meaning of section 32(c)(4)) in the Armed Forces of the United States at the time the expense is incurred, the terms `public, private, or religious school' and `school' shall include any home school which provides elementary or secondary education if such school is treated under State law as a home school or a private school.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. all
H.R. 626 (Introduced in House) - Teleabortion Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr626ih/html/BILLS-117hr626ih.htm	DOC 117th CONGRESS 1st Session H. R. 626 To prohibit chemical abortions performed without the presence of a healthcare provider, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Wright (for himself, Mr. Mooney, Mr. Aderholt, Mr. Weber of Texas, Mr. Lamborn, Mr. Wittman, Mr. Joyce of Pennsylvania, Mr. Babin, Mr. Smith of Missouri, Mr. Norman, Mr. Grothman, Mr. Allen, Mr. Jordan, Mr. Hice of Georgia, Mr. Duncan, Mr. Johnson of Louisiana, Mr. Banks, Mr. Jackson, and Ms. Herrell) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit chemical abortions performed without the presence of a healthcare provider, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Teleabortion Prevention Act of 2021''. SEC. 2. CHEMICAL ABORTIONS PROHIBITED WITHOUT A HEALTHCARE PROVIDER PRESENT. (a) Chemical Abortions Prohibited Without a Physician Present.-- Chapter 74 of title 18, United States Code, is amended-- (1) in the chapter heading by striking ``PARTIAL-BIRTH''; and (2) by inserting after section 1531 the following: ``Sec. 1532. Chemical abortions prohibited without a healthcare provider physically present ``(a) Offense.--Any healthcare provider who, in or affecting interstate or foreign commerce, who knowingly provides or attempts to provide a chemical abortion-- ``(1) without physically examining the patient; ``(2) without being physically present at the location of the chemical abortion; or ``(3) without scheduling a follow-up visit for the patient to occur not more than 14 days after the administration or use of the drug to assess the patient's physical condition, shall be fined not more than $1,000 or imprisoned not more than 2 years, or both. This subsection does not apply to a chemical abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) No Liability of the Patient.--A patient upon whom an abortion is performed may not be prosecuted under this section or for a conspiracy to violate this section. ``(c) Definitions.--In this section: ``(1) Abortion drug.--The term `abortion drug' means any medicine, drug or any other substance, or any combination of drugs, medicines or substances, when it is used-- ``(A) to intentionally kill the unborn child of a woman known to be pregnant; or ``(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; or ``(ii) to remove a dead unborn child. ``(2) Attempts to provide.--In this section, the term `attempts to provide', means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in a chemical abortion. ``(3) Healthcare provider.--The term `healthcare provider' means any person licensed to prescribe prescription drugs under applicable Federal and State laws. ``(4) Provide.--In this section, the term `provide', means to dispense or prescribe an abortion drug, or to otherwise make an abortion drug available to a patient. ``(5) Chemical abortion.--The term `chemical abortion' refers to the use of an abortion drug to-- ``(A) intentionally kill the unborn child of a woman known to be pregnant; or ``(B) intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(i) to produce a live birth; or ``(ii) to remove a dead unborn child. ``(6) Unborn child.--The term `unborn child' means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b). ``(d) Rule of Construction Regarding Ectopic Pregnancy.--Nothing in this section shall be construed to have any impact on the treatment of a verified ectopic pregnancy. ``(e) Severability.--If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.''. (b) Clerical Amendments.-- (1) Chapter 74.--The table of sections for such chapter is amended by inserting after the item relating to section 1531 the following: ``1532. Chemical abortions prohibited without a healthcare provider physically present.''. (2) Part i.--The table of chapters for part I of title 18, United States Code, is amended by striking the item relating to chapter 74, and inserting the following: ``74. Abortions............................................. 1531''. all
H.R. 627 (Introduced in House) - Child Custody Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr627ih/html/BILLS-117hr627ih.htm	DOC 117th CONGRESS 1st Session H. R. 627 To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Wright introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act of 2021''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Definitions.--In this section-- ``(1) the term `law requiring parental involvement in a minor's abortion decision' means a law in force in the State in which a minor resides that-- ``(A) requires, before an abortion is performed on the minor-- ``(i) notification to, or consent of, a parent of the minor; or ``(ii) judicial authorization from a State court; and ``(B) does not provide as an alternative to the requirements described in subparagraph (A)-- ``(i) notification to, or consent of, an individual who is not a parent of the minor; or ``(ii) authorization from an entity that is not a State court; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis who has care and control of a minor, with whom the minor regularly resides, and who is designated by a law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or judicial authorization from a State court, under a law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States. ``(b) Offense.-- ``(1) Generally.--Except as provided in subsection (c), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed on the minor, in a State other than the State in which the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides. ``(c) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (b) shall not apply in the case of an abortion that is necessary to save the life of a minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(2) Minors and parents.--A minor transported in violation of this section, and any parent of the minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(d) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization, that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State in which the minor resides, took place. ``(e) Civil Action.--Any parent who suffers harm from a violation of subsection (b) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor who was transported in violation of subsection (b). ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to incest ``Notwithstanding section 2431(c)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following: ``117A. Transportation of minors in circumvention of certain 2431''. laws relating to abortion. all
H.R. 628 (Introduced in House) - Shellfish Aquaculture Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr628ih/html/BILLS-117hr628ih.htm	DOC 117th CONGRESS 1st Session H. R. 628 To amend title 46, United States Code, to exclude certain aquaculture workers from treatment as seamen for the purpose of liability in the event of injury or death, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Young (for himself, Mr. Larson of Connecticut, and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 46, United States Code, to exclude certain aquaculture workers from treatment as seamen for the purpose of liability in the event of injury or death, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shellfish Aquaculture Improvement Act of 2021''. SEC. 2. LIMITATION ON RECOVERY FOR CERTAIN INJURIES INCURRED IN SHELLFISH AQUACULTURE ACTIVITIES IF A STATE REMEDY IS AVAILABLE. (a) In General.--Section 30104 of title 46, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before the first sentence; and (2) by adding at the end the following: ``(b) Limitation on Recovery by Aquaculture Workers.--For purposes of subsection (a)-- ``(1) In general.--The term `seaman' does not include an individual who-- ``(A) is an aquaculture worker if State workers' compensation is available to such individual; and ``(B) was, at the time of injury, engaged in aquaculture in a place where such individual had lawful access. ``(2) Aquaculture worker defined.--For purposes of paragraph (1), the term `aquaculture worker' means an individual who-- ``(A) is employed by a commercial enterprise that is involved in the controlled cultivation and harvest of aquatic plants and animals, including-- ``(i) the cleaning, processing, or canning of fish and fish products; ``(ii) the cultivation and harvesting of shellfish; and ``(iii) the controlled growing and harvesting of other aquatic species; ``(B) does not hold a license issued under section 7101(c) of this title; and ``(C) is not required to hold a merchant mariner credential under part F of subtitle II of this title.''. (b) Effective Date.--The amendments made by this section shall apply to injuries incurred on or after the date of enactment of this Act. all
H.R. 629 (Introduced in House) - Marine Access and State Transparency	https://www.govinfo.gov/content/pkg/BILLS-117hr629ih/html/BILLS-117hr629ih.htm	DOC 117th CONGRESS 1st Session H. R. 629 To amend title 54, United States Code, to provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for declaration of marine national monuments, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend title 54, United States Code, to provide for congressional approval of national monuments and restrictions on the use of national monuments, to establish requirements for declaration of marine national monuments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Access and State Transparency'' or the ``MAST Act''. SEC. 2. CONGRESSIONAL AUTHORIZATION OF DECLARATIONS OF NATIONAL MONUMENTS AND RESTRICTIONS ON PUBLIC USE. (a) Declarations of National Monuments.--Section 320301 of title 54, United States Code, is amended-- (1) in subsection (a), by striking ``The President may'' and inserting ``After obtaining congressional approval of a proposed national monument and certifying compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the proposed national monument, and subject to subsection (e), the President may''; and (2) by adding at the end the following: ``(e) Requirements for Declarations of Marine National Monuments.-- ``(1) Requirements.--The President may not declare any area of the exclusive economic zone to be a national monument unless-- ``(A) such declaration is specifically authorized by an Act of Congress; ``(B) the President has submitted a proposal to make such declaration to the Governor of each State, and of each territory, any part of which is located within 200 nautical miles of that area; ``(C) each such Governor submits to the President notice that the legislature of that State or territory has approved the proposal; and ``(D) the declaration is substantially the same as the proposal. ``(2) Exclusive economic zone defined.--In this subsection the term `exclusive economic zone' means the zone established by Proclamation Numbered 5030, dated March 10, 1983.''. (b) Restrictions on Public Use.--Chapter 3203 of title 54, United States Code, is amended-- (1) by adding at the end the following: ``Sec. 320304. Restrictions on public use ``The Secretary of the Interior, and the Secretary of Commerce with respect to any area of the exclusive economic zone (as defined in section 320301(e)) designated as a national monument, shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by such Secretary) providing for public input and congressional approval.''; and (2) in the analysis at the beginning of the chapter, by adding at the end the following: ``320304. Restrictions on public use.''. all
H.R. 62 (Introduced in House) - Improving Science in Chemical Assessments Act	https://www.govinfo.gov/content/pkg/BILLS-117hr62ih/html/BILLS-117hr62ih.htm	DOC 117th CONGRESS 1st Session H. R. 62 To direct that certain assessments with respect to toxicity of chemicals be carried out by the program offices of the Environmental Protection Agency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Science, Space, and Technology, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct that certain assessments with respect to toxicity of chemicals be carried out by the program offices of the Environmental Protection Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Science in Chemical Assessments Act''. SEC. 2. RESEARCH NEEDS AND PRIORITIES OF EPA PROGRAM OFFICES. The Environmental Research, Development, and Demonstration Authorization Act is amended by striking section 7 (42 U.S.C. 4364) and inserting the following: ``SEC. 7. RESEARCH NEEDS AND PRIORITIES OF EPA PROGRAM OFFICES. ``(a) In General.--The Administrator of the Environmental Protection Agency shall assure that the expenditure of any funds appropriated pursuant to this Act or any other provision of law for environmental research and development related to regulatory program activities shall be coordinated with and reflect the research needs and priorities of the relevant program offices, as well as the overall research needs and priorities of the Agency, including those defined in the five-year research plan. ``(b) Hazard Identification and Dose-Response Assessments.-- Beginning on the date of the enactment of the Improving Science in Chemical Assessments Act, any covered assessments carried out with respect to a chemical substance through the Integrated Risk Information System program of the Environmental Protection Agency as of the day before such date of enactment shall, in lieu of being carried out through such program, be carried out by the relevant program office of the Environmental Protection Agency, so long as the relevant program office determines there is a need for such an assessment. Such an assessment shall be carried out using the scientific standards specified in section 7B and be based on the weight of the scientific evidence. ``(c) Toxicity Values.--In carrying out a covered assessment with respect to a chemical substance under subsection (a), the relevant program office shall assign a toxicity value or values, when scientifically supported by the available data, for such chemical substance. With respect to that assignment, the following shall apply: ``(1) When supported by the available data, the toxicity value or values shall include a range of point estimates of risk as well as sources and magnitudes of uncertainty associated with the estimates. ``(2) When multiple point estimates can be developed, the relevant program office shall-- ``(A) consider all datasets; and ``(B) make a determination about how best to represent the human health risk posed by the chemical substance involved. ``(d) Chemical Assessment Database.-- ``(1) In general.--A toxicity value or values assigned to a chemical substance under subsection (c) shall be included in a chemical assessment database to be maintained by the Office of Research and Development of the Environmental Protection Agency. ``(2) Completed assessments.--All covered assessments stored, as of the date of the enactment of this Act, in the IRIS database of the Environmental Protection Agency shall be retained in the chemical assessment database established pursuant to paragraph (1). ``(3) Updates.--Such database shall be updated pursuant to a covered assessment performed by a relevant program office, including to make a change in the existing toxicity value or values for a chemical substance included in such database. ``(e) Certification.--Beginning 2 years after the date of the enactment of the Improving Science in Chemical Assessments Act and every 2 years thereafter, the Office of Research and Development of the Environmental Protection Agency shall submit to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate, a report containing a certification that each covered assessment completed during the period covered by the report was conducted using the scientific standards specified in section 7B. ``(f) Definitions.--In this section, section 7A, and section 7B: ``(1) The term `covered assessment' means, with respect to the evaluation of the human health effects resulting from chronic exposure to a chemical substance, a chemical hazard identification and dose-response assessment (as such terms are defined by the Environmental Protection Agency on the day before the date of the enactment of this Act). ``(2) The term `relevant program office' includes the following offices of the Environmental Protection Agency: ``(A) The Office of Water. ``(B) The Office of Air and Radiation. ``(C) The Office of Land and Emergency Management. ``(D) The Office of Chemical Safety and Pollution Prevention. ``(E) Any successor to an office specified in subparagraphs (A) through (D) and any other office determined to be relevant by the Administrator of the Environmental Protection Agency. ``SEC. 7A. HAZARD IDENTIFICATION AND DOSE-RESPONSE STEERING COMMITTEE. ``(a) Establishment.--Not later than 30 days after the date of the enactment of the Improving Science in Chemical Assessments Act, the Administrator of the Environmental Protection Agency shall establish a chemical hazard identification and dose-response steering committee (referred to in this Act as the `steering committee') to coordinate the conduct of covered assessments by relevant program offices for purposes of ensuring that, with respect to such assessments, there is no duplication of effort by such offices. ``(b) Duty.--The duties of the steering committee are the following: ``(1) If the steering committee learns that more than one relevant program office intends to conduct covered assessments with respect to the same chemical substance, the steering committee shall determine the most effective means of carrying out a single covered assessment to prevent duplication of effort by such offices. ``(2) For purposes of supplementing a covered assessment, the steering committee shall consider any third-party assessment of a chemical substance generated by another Federal, State, or international agency or agencies or members of the scientific community that meets the requirements specified in subsection (e). ``(c) Chair; Composition.-- ``(1) Chair.--The steering committee shall be chaired by the Assistant Administrator of the Office of Research and Development of the Environmental Protection Agency. ``(2) Composition.--The steering committee shall be composed of 15 members, all of whom shall be active, full-time employees of the Environmental Protection Agency, with at least one member representing each relevant program office and each regional office of the Environmental Protection Agency. The members of the steering committee shall be appointed by the Administrator of the Environmental Protection Agency. Any vacancy shall be filled in the same manner as the initial appointment. ``(d) Meetings.--The steering committee shall meet at least once each calendar year. ``(e) Third-Party Assessment Requirements.--The requirements specified in this subsection with respect to a third-party assessment of a chemical substance are that the assessment-- ``(1) is conducted using scientific standards specified in section 7B; ``(2) has undergone independent scientific review for transparency, completeness, and quality; and ``(3) reflects the best available science and the weight of the available scientific evidence. ``SEC. 7B. SCIENTIFIC STANDARDS. ``Covered assessments carried out under section 7 and discussion of such assessments and review of third-party assessments carried out under section 7A, shall be conducted using scientific information, technical procedures, measures, methods, protocols, methodologies, or models in a manner consistent with the best available science. In carrying out such an assessment, the relevant program office shall integrate all lines of scientific evidence and consider, as applicable-- ``(1) the extent to which the scientific information, technical procedures, measures, methods, protocols, methodologies, or models employed to generate the scientific information are reasonable for and consistent with the intended use of the scientific information; ``(2) the extent to which the scientific information is relevant for the relevant program office's use in making a decision about a chemical substance; ``(3) the degree of clarity and completeness with which the data, assumptions, methods, quality assurance, analyses employed to generate the scientific information are documented and publicly available in a manner that honors legal and ethical obligations to reduce the risks of unauthorized disclosure and re-identification; ``(4) the extent to which the variability and uncertainty in the scientific information, or in the procedures, measures, methods, protocols, methodologies, or models, are evaluated and characterized; ``(5) the extent of independent verification or peer review of the scientific information or of the procedures, measures, methods, protocols, methodologies, or models; ``(6) the ability of the scientific findings and research to be replicated or reproduced; and ``(7) the extent to which the available scientific information supports dose-response modeling, using non-linear approaches.''. all
H.R. 630 (Introduced in House) - Polar Bear Conservation and Fairness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr630ih/html/BILLS-117hr630ih.htm	DOC 117th CONGRESS 1st Session H. R. 630 To amend the Marine Mammal Protection Act of 1972 to allow importation of polar bear trophies taken in sport hunts in Canada before the date the polar bear was determined to be a threatened species under the Endangered Species Act of 1973, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Marine Mammal Protection Act of 1972 to allow importation of polar bear trophies taken in sport hunts in Canada before the date the polar bear was determined to be a threatened species under the Endangered Species Act of 1973, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Polar Bear Conservation and Fairness Act''. SEC. 2. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT HUNTS IN CANADA. Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1374(c)(5)(D)) is amended to read as follows: ``(D)(i) The Secretary of the Interior shall, expeditiously after the expiration of the applicable 30-day period under subsection (d)(2), issue a permit for the importation of any polar bear part (other than an internal organ) from a polar bear taken in a sport hunt in Canada to any person-- ``(I) who submits, with the permit application, proof that the polar bear was legally harvested by the person before February 18, 1997; or ``(II) who has submitted, in support of a permit application submitted before May 15, 2008, proof that the polar bear was legally harvested by the person before May 15, 2008, from a polar bear population from which a sport-hunted trophy could be imported before that date in accordance with section 18.30(i) of title 50, Code of Federal Regulations. ``(ii) The Secretary shall issue permits under clause (i)(I) without regard to subparagraphs (A) and (C)(ii) of this paragraph, subsection (d)(3), and sections 101 and 102. Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(I). This clause shall not apply to polar bear parts that were imported before June 12, 1997. ``(iii) The Secretary shall issue permits under clause (i)(II) without regard to subparagraph (C)(ii) of this paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the importation of any polar bear part authorized by a permit issued under clause (i)(II). This clause shall not apply to polar bear parts that were imported before the date of enactment of the Polar Bear Conservation and Fairness Act.''. all
H.R. 631 (Introduced in House) - Restoration of the U.S.-Russia Polar Bear Conservation Fund Act	https://www.govinfo.gov/content/pkg/BILLS-117hr631ih/html/BILLS-117hr631ih.htm	DOC 117th CONGRESS 1st Session H. R. 631 To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Marine Mammal Protection Act of 1972 to allow the importation of polar bear trophies taken in sport hunts in Canada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restoration of the U.S.-Russia Polar Bear Conservation Fund Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States Fish and Wildlife Service estimates that the polar bear population is currently at 20,000 to 25,000 bears, up from as low as 5,000 to 10,000 bears in the 1950s and 1960s. (2) A 2002 United States Geological Survey of wildlife in the Arctic National Wildlife Refuge Coastal Plain noted that the polar bear populations ``may now be near historic highs''. (3) A permit fee for importing polar bears will invigorate the public-private funding partnership for the United States- Russian Polar Bear Conservation Fund. (4) TRAFFIC, the wildlife trade monitoring network, has stated both that ``the global population of Polar Bears is not small and the species' area of distribution is not restricted,'' and ``rade does not appear to be a significant threat to the species.''. TRAFFIC also recommended that the polar bear not be uplisted to appendix 1 at the 16th Conference of the Parties of the Convention on International Trade of Endangered Species of Fauna and Flora (CITES). (5) The International Union for Conservation of Nature (IUCN)/Species Survival Commission (SSC) Polar Bear Specialist Group (PBSG), has stated that further trade restrictions on the polar bear are ``unlikely to confer a conservation benefit, and could have a negative impact on socioeconomic systems as well as domestic and international partnerships''. (6) The International Union for Conservation of Nature has found that ``hunting is a form of wildlife use that, when well- managed, may assist in furthering conservation objectives by creating the revenue and economic incentives for the management and conservation of the target species and its habitat, as well as supporting local livelihoods''. SEC. 3. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES. The Marine Mammal Protection Act of 1972 is amended-- (1) in section 101(a)(3)(B) (16 U.S.C. 1371(a)(3)(B)), by inserting ``or under section 104(c)(5) of this title'' after ``paragraph (5) of this subsection''; and (2) in section 102(b)(3) (16 U.S.C. 1372(b)(3)), by inserting before the semicolon the following: ``, except that this paragraph does not prohibit the importation of polar bear parts under a permit issued under section 104(c)(5) of this title''. all
H.R. 632 (Introduced in House) - Maritime Lien Reform Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr632ih/html/BILLS-117hr632ih.htm	DOC 117th CONGRESS 1st Session H. R. 632 To provide limitations on maritime liens on fishing permits, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To provide limitations on maritime liens on fishing permits, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Maritime Lien Reform Act of 2021''. SEC. 2. LIMITATION ON MARITIME LIENS ON FISHING PERMIT AND PERMIT DESCRIPTION. (a) In General.--Subchapter I of chapter 313 of title 46, United States Code, is amended by adding at the end the following: ``Sec. 31310. Limitation on maritime liens on fishing permit and permit description ``(a) In General.--This chapter-- ``(1) does not establish a maritime lien on a permit that-- ``(A) authorizes a person or use of a vessel to engage in fishing; and ``(B) is issued under State or Federal law; and ``(2) does not authorize any civil action to enforce a maritime lien on such a permit. ``(b) Treatment of Fishing Permits.--A fishing permit-- ``(1) is governed solely by the State or Federal law under which it was issued; and ``(2) is not included in the whole of a vessel or as an appurtenance or intangible of a vessel for any purpose. ``(c) Limitation on Statutory Construction.--Nothing in subsections (a) and (b) shall be construed as imposing any limitation upon the authority of the Secretary of Commerce to modify, suspend, revoke, or sanction any Federal fishery permit issued by the Secretary of Commerce or to bring a civil action to enforce such modification, suspension, revocation, or sanction.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 31309 the following: ``31310. Limitation on maritime liens on fishing permit and permit description.''. all
H.R. 633 (Introduced in House) - State National Forest Management Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr633ih/html/BILLS-117hr633ih.htm	DOC 117th CONGRESS 1st Session H. R. 633 To authorize States to select and acquire certain National Forest System lands to be managed and operated by the State for timber production and for other purposes under the laws of the State, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Mr. Young introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize States to select and acquire certain National Forest System lands to be managed and operated by the State for timber production and for other purposes under the laws of the State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``State National Forest Management Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. State selection of eligible portions of the National Forest System for acquisition and management. Sec. 4. Transition provisions during the exchange-transition period. Sec. 5. Transition provisions outside the transition period. Sec. 6. Miscellaneous duties of the parties and other provisions relating to the transfer. Sec. 7. Conditions on changes to land management plans regarding management of young-growth stands. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Commissioner'' means the head of the Department of Natural Resources of a State or comparable State agency. (2) The term ``eligible portions of the National Forest System'' means all right, title, and interest of the United States in and to the surface and subsurface lands and real property (including structures and facilities owned by the Forest Service) included as part of the National Forest System in a State. The term does not include Conservation System Units (as that term is defined in the Alaska National Interest Lands Conservation Act) and areas or national memorials protected by an Act of Congress. (3) The term ``Federal obligation''-- (A) means any obligation or duty of the Forest Service arising out of any lease, permit, license, contract, and other legal instruments issued by or with the Forest Service relating to eligible portions of the National Forest System; and (B) does not include any obligation with respect to a Federal law, regulation, or policy. (4) The term ``forest operations'' means the development of forest operating plans for eligible portions of the National Forest System acquired by a State, including the conduct of inventories of timber resources and the engineering of necessary access needed necessary for timber management and related management activities. (5) The term ``patent date'' means the last day of the selection-transition period. (6) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (7) The term ``selection date'' means the date on which a State elects to acquire eligible portions of the National Forest System and notifies the Secretary of such election under section 3(a). (8) The term ``selection-transition period'' means the period beginning on the selection date and ending no more than one year thereafter, on the patent date. (9) The term ``State'' means each of the several States and the Commonwealth of Puerto Rico. (10) The term ``State forest practices law'' means a forest practices law applicable to State or privately owned forest land in a State, including established silvicultural best management practices or other regulations for forest management practices related to clean water, soil quality, wildlife or forest health. (11) The term ``State obligation'' means any obligation or duty of the State arising out of any lease, permit, license, contract and other legal instruments issued by or with the State relating to the selected lands under this Act. SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE NATIONAL FOREST SYSTEM FOR ACQUISITION AND MANAGEMENT. (a) Selection Authorized; Conveyance Required.--During the 10-year period beginning on the date of the enactment of this Act, if a State elects pursuant to subsection (b) to select and acquire eligible portions of the National Forest System in that State under the terms and conditions of this Act and notifies the Secretary of such selection, then the Secretary shall convey the eligible portions of the National Forest System so selected to the State in accordance with subsection (d). All conveyances shall be subject to valid existing rights. (b) Form of Election.--The election by a State to select and acquire eligible portions of the National Forest System in that State pursuant to subsection (a) shall be executed in the form of a bill enacted into law by the legislature of that State. Such a law shall provide, at a minimum, the following: (1) That the State elects to acquire eligible portions of the National Forest System in that State-- (A) pursuant to purchase for fair-market value; (B) in exchange for State lands of equal value; (C) in satisfaction of land selection rights pursuant to the law by which the State was admitted to the Union; or (D) any combination of the preceding paragraphs. (2) Identifies the eligible portions of the National Forest System to be acquired and the method by which the State will acquire the land. (3) Acceptance by the State that acquisition of the identified eligible portions of the National Forest System is subject to valid existing rights. (4) Acceptance by the State of the procedures specified in this Act and the transition provisions of this Act. (5) In the case of the State of Alaska, acceptance by the State of the rights and obligations of the United States under the Alaska Native Claims Settlement Act with respect to acquired lands, rights in such lands, and use of lands acquired by that State shall not be infringed by that State. (6) Specification that up to 50 percent of the annual harvest of timber from eligible portions of the National Forest System to be acquired shall be offered in at least 10-year contracts, and timber sales shall, to the maximum extent practicable, provide sufficient volume to meet the needs of all wood processing operations existing in that State as of the date of the enactment of this Act, and forest operations shall be performed in compliance with the State forest practices law. (7) Acceptance by the State that eligible portions of the National Forest System open to mineral entry under the general mining laws of the United States shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (c) Multiple State Laws; Acreage Limitation.--During the selection period specified in subsection (a), a State may enact more than one law to select and acquire eligible portions of the National Forest System in that State, except that the total quantity of National Forest System land acquired by the State under this Act may not exceed 2,000,000 acres. (d) Procedure.--Beginning on the selection date for a State's acquisition of eligible portions of the National Forest System in that State, the Secretary shall prepare patents conveying the National Forest System lands selected by the State and shall convey such patents to the State on the patent date. The duty of the Secretary to prepare and convey such patents under this Act shall be purely ministerial and conveyance of the patent on the patent date shall not be withheld or conditioned by any other provision of law except as provided herein. The United States Supreme Court shall have exclusive jurisdiction to issue such writs and compel such actions as may be necessary to accomplish the conveyance made under this Act. (e) Other Property.--Beginning on the selection date for a State's acquisition of eligible portions of the National Forest System in that State, in addition to other conveyances made under this Act, the Secretary shall convey the right and title to and interest of the United States in all other types of property (including real and personal property) used for purposes of operating, administering, and managing the acquired National Forest System land in that State. Such property shall be transferred on the patent date and include only that property which is owned by the United States and used by the Forest Service primarily on the eligible portions of the National Forest System selected by the State. (f) Other Uses.--Beginning on the selection date and concurrent with the selection and conveyance of the National Forest System lands and property under this Act, the Secretary shall transfer all existing special use permits related to the acquired National Forest System lands and property to the State. SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE-TRANSITION PERIOD. (a) Existing Obligations of the United States.--The United States shall remain obligated for all Federal obligations incurred prior to the patent date. (b) Employees.--During the selection-transition period, to the extent practicable, the State shall interview each person employed by the Forest Service on the date of the enactment of this Act whose employment is made redundant by this Act for purposes of reemployment by the State in a comparable job within the new State administrative system for the National Forest System lands acquired by the State under this Act. Employees who do not secure employment with the State shall have the option of placement in an equivalent position available within the Federal Government. (c) Management Pending Conveyance.--During the selection-transition period and until the patent date, except as provided otherwise under this Act, eligible portions of the National Forest System not yet patented to the State under this Act shall be administered and managed under applicable Federal law and land management plans. (d) Transfer of Certain Receipts.--Receipts from all rentals or sales occurring on eligible portions of the National Forest System selected by a State during the selection-transition period shall be kept in escrow and transferred to the State on the patent date. SEC. 5. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD. (a) Management of Selected Lands.--Beginning on the patent date, eligible portions of the National Forest System conveyed to a State under this Act shall be administered and managed primarily for timber production pursuant to the State forest practices law, except as otherwise provided in this Act for the period provided by this Act. (b) Land Designations.--Land use designations in effect on the date of the enactment of this Act for eligible portions of the National Forest System conveyed to a State under this Act under the applicable land management plan shall continue in effect until the patent date. (c) Subsistence Use After the Selection Date.--In the case of eligible portions of the National Forest System in the State of Alaska, the Secretary of the Interior shall retain continuing authority to manage subsistence uses of fish and wildlife on National Forest System lands conveyed under this Act until the patent date. (d) Access.-- (1) Easements.--The Secretary, in accordance with the applicable forest transportation plan for a unit of the National Forest System and any transportation plan of the State, shall provide access in the form of easements across lands owned by the United States to and from eligible portions of the National Forest System conveyed to the State. The duty of the Secretary to deliver patents for such easements shall be purely ministerial and shall not be withheld or conditioned by any other provision of law. The Secretary shall enter into agreements with the Commissioner for the purpose of sharing the costs of common use roads. (2) State duty.--Following the patent date, a State shall issue easements to the United States for reasonable access across acquired eligible portions of the National Forest System in the manner provided in paragraph (1). (e) Mining Claims.-- (1) In general.--Federal mining claims located pursuant to the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on eligible portions of the National Forest System before the selection date shall remain subject to the laws, rules, regulations, and policies of the United States, but such laws, rules, regulations, and policies shall be administered by the State. The right and ability of a claimholder to patent such a mining claim and enjoy reasonable access to the claim shall not be infringed. An application to patent a Federal mining claim located on eligible portions of the National Forest System may be made by the claimholder with the State and shall constitute an election by the claim holder to be subject to Federal mining claim patent procedures administered by the State. (2) Escrow and subsequent transfer.--During the selection- transition period, the Federal Government shall escrow all fees and revenues, if any, due on Federal mining claims on eligible portions of the National Forest System and on the patent date transfer those receipts to the State on the patent date to the account established by the State for purposes of the law specified in section 3(b)(7). (3) State duty.--Any mining claims filed on eligible portions of the National Forest System in a State after the selection date shall be subject only to the laws of the State. (f) Transfer of Other Receipts.--Beginning with the fiscal year of a State after the patent date, escrowed fees and fees from all existing and future issued special use permits and all other land management receipts on eligible portions of the National Forest System conveyed to the State under this Act, net of reasonable cost of administration, shall be transferred to the State. (g) Existing Obligations After Patent Date.--On the patent date, a State shall assume all Federal obligations and duties and receive all rights of the Forest Service, except that the State shall assume no obligation for any claim for damages or specific performance relating to a contract or permit, if such claim arose before the patent date, unless the State receives the benefit from such an obligation. SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS RELATING TO THE TRANSFER. (a) Hazardous Materials.--As promptly as practicable after the date of the enactment of this Act, the Secretary shall make available to a State for review and inspection, all pertinent records relating to hazardous materials, if any, on eligible portions of the National Forest System available for selection under this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. If no party responsible for the hazardous materials can be determined, remediation responsibility and all costs shall remain with the Secretary and remediation as agreed to by the Commissioner shall be initiated as soon as practical after the patent date. (b) Judicial Review.--Selection of land pursuant to this Act shall not be subject to judicial review in any court of the United States, except-- (1) to the extent a right of judicial review is conferred specifically by the United States Constitution; (2) otherwise conferred by this Act; or (3) when sought by the State on matters pertaining to rights conferred by this Act. (c) Rulemaking.--No formal rules under section 553 of title 5, United States Code, are required to implement this Act. (d) Survey.--The patent for and use of eligible portions of the National Forest System conveyed to a State pursuant to this Act shall not be subject to completion of a field survey and may be issued based on a protraction survey. However, the Secretary shall complete a field survey following patent. (e) Encumbrances.--For purposes of an orderly transfer of eligible portions of the National Forest System to State ownership and transition to State management, the Secretary shall provide a list of encumbrances and uses of record and otherwise known on the selected lands to the Commissioner during the selection-transition period. The lands selected under this Act shall be subject to all existing encumbrances. SEC. 7. CONDITIONS ON CHANGES TO LAND MANAGEMENT PLANS REGARDING MANAGEMENT OF YOUNG-GROWTH STANDS. (a) Changes Conditioned on Comprehensive Inventory of the Young- Growth Stands.--Before any change to an applicable land management plan takes effect that will alter management of young-growth stands covered by the land management plan, the Secretary shall-- (1) conduct a comprehensive inventory of the young-growth stands; (2) provide public notice of the availability of the comprehensive inventory; and (3) after such public notice, provide a period of not less than 90 days for public comment on the comprehensive inventory. (b) Inventory Requirements.--At a minimum, the comprehensive inventory required by subsection (a) shall-- (1) include stand-level field work with respect to all 462,000 acres of young-growth timber located within the Tongass National Forest; and (2) assess all age classes of timber inventoried for the purpose of refining inventory and growth data to properly forecast yields from stands and future economic manufacturing feasibility with respect to the timber inventoried. all
"H.R. 634 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 202 West Washington Street, Suite 1, in Marquette, Michigan, as the 
Senator Tom Casperson Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr634ih/html/BILLS-117hr634ih.htm	DOC 117th CONGRESS 1st Session H. R. 634 To designate the facility of the United States Postal Service located at 202 West Washington Street, Suite 1, in Marquette, Michigan, as the ``Senator Tom Casperson Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Bergman (for himself, Ms. Slotkin, Mr. Huizenga, Mr. Moolenaar, and Mr. Meijer) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 202 West Washington Street, Suite 1, in Marquette, Michigan, as the ``Senator Tom Casperson Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SENATOR TOM CASPERSON POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 202 West Washington Street, Suite 1, in Marquette, Michigan, shall be known and designated as the ``Senator Tom Casperson Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Senator Tom Casperson Post Office Building''. all
H.R. 635 (Introduced in House) - Pre-Registration Of Voters Everywhere Act	https://www.govinfo.gov/content/pkg/BILLS-117hr635ih/html/BILLS-117hr635ih.htm	DOC 117th CONGRESS 1st Session H. R. 635 To amend the National Voter Registration Act of 1993 to require each State to implement a process under which individuals who are 16 years of age may apply to register to vote in elections for Federal office in the State, to direct the Election Assistance Commission to make grants to States to increase the involvement of minors in public election activities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Beyer (for himself, Ms. Moore of Wisconsin, Mr. Raskin, Ms. Schakowsky, Mrs. Watson Coleman, Ms. Bonamici, Ms. Blunt Rochester, Mr. Peters, Mr. Cohen, Ms. McCollum, Mr. Carbajal, Ms. Lee of California, Mr. Hastings, and Mr. Pallone) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the National Voter Registration Act of 1993 to require each State to implement a process under which individuals who are 16 years of age may apply to register to vote in elections for Federal office in the State, to direct the Election Assistance Commission to make grants to States to increase the involvement of minors in public election activities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-Registration Of Voters Everywhere Act'' or the ``PROVE Act''. SEC. 2. PRE-REGISTRATION OF MINORS FOR VOTING IN FEDERAL ELECTIONS. (a) Requiring Implementation of Process.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: ``SEC. 8A. PRE-REGISTRATION PROCESS FOR MINORS. ``(a) Requiring Implementation of Pre-Registration Process.--Each State shall implement a process under which-- ``(1) an individual who is a resident of the State may apply to register to vote in elections for Federal office in the State at any time after the individual turns 16 years of age; and ``(2) if the individual is not 18 years of age or older at the time the individual applies under paragraph (1) but would be eligible to vote in such elections if the individual were 18 years of age, the State shall ensure that the individual is registered to vote in elections for Federal office in the State that are held on or after the date on which the individual turns 18 years of age. ``(b) Permitting Availability of Process for Younger Individuals.-- A State may, at its option, make the process implemented under subsection (a) available to individuals who are younger than 16 years of age.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period that begins on the date of the enactment of this Act. SEC. 3. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF MINORS IN ELECTION ACTIVITIES. (a) Grants.-- (1) In general.--The Election Assistance Commission (hereafter in this section referred to as the ``Commission'') shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State. (2) Contents of plans.--A State's plan under this subsection shall include-- (A) methods to promote the use of the pre- registration process implemented under section 8A of the National Voter Registration Act of 1993 (as added by section 2(a)); (B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and (C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate. (b) Eligibility.--A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing-- (1) a description of the State's plan under subsection (a); (2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and (3) such other information and assurances as the Commission may require. (c) Period of Grant; Report.-- (1) Period of grant.--A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission. (2) Report.--Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2). (d) State Defined.--In this section, the term ``State'' means each of the several States and the District of Columbia. (e) Authorization of Appropriations.--There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended. all
"H.R. 636 (Introduced in House)- Promoting Apprenticeships through Regional Training Networks for 
Employers Required Skills Act of 2021"	https://www.govinfo.gov/content/pkg/BILLS-117hr636ih/html/BILLS-117hr636ih.htm	DOC 117th CONGRESS 1st Session H. R. 636 To promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Bonamici (for herself, Mr. Ferguson, Ms. Stevens, and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Apprenticeships through Regional Training Networks for Employers Required Skills Act of 2021'' or the ``PARTNERS Act''. SEC. 2. PURPOSE. The purpose of this Act is to promote registered apprenticeships and other work-based learning programs for small and medium-sized businesses within in-demand industry sectors, through the establishment and support of industry or sector partnerships. SEC. 3. DEFINITIONS. In this Act: (1) Eligible partnership.--The term ``eligible partnership'' means an industry or sector partnership as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) that submits and obtains approval of an application consistent with section 5(c). (2) In-demand industry sector.--The term ``in-demand industry sector'' means a sector described in subparagraphs (A)(i) and (B) of section 3(23) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(23)). (3) Local or regional.--The term ``local or regional'', used with respect to an entity, means that the entity provides services in, respectively, a local area or region. (4) Registered apprenticeship.--The term ``registered apprenticeship'' means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (A) In general.--The term ``work-based learning program'' means a program that provides workers with paid work experience and corresponding classroom instruction, delivered in an employment relationship that both the business and worker intend to lead to continuing employment after the program ends. (B) Work experience.--In subparagraph (A), the term ``paid work experience'' includes training by an employer that is provided to a paid employee while engaged in productive work in a job that provides knowledge or skills essential to the full and adequate performance of the job. (5) Workforce terms.--The terms ``Governor'', ``individual with a barrier to employment'', ``industry or sector partnership'', ``local area'', ``local board'', ``State board'', ``outlying area'', ``recognized postsecondary credential'', ``region'', ``State'', and ``supportive services'', used with respect to activities supported under this Act, have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 4. AVAILABILITY OF FUNDS. From funds paid into the general fund of the Treasury and available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), the Secretary shall carry out this Act. SEC. 5. ALLOTMENTS TO STATES. (a) Reservation.--Of the amounts available for this Act under section 4, the Secretary may reserve-- (1) not more than 5 percent of those amounts for the costs of technical assistance and Federal administration of this Act; (2) not more than 2 percent of those amounts for the costs of evaluations conducted under section 8(b); and (3) not more than \1/4\ of 1 percent of such amounts to provide assistance to the outlying areas. (b) Allotments.-- (1) In general.--Of the amounts available for this Act under section 4 that remain after the Secretary makes the reservations under subsection (a), the Secretary shall, for the purpose of supporting (which may include assistance in establishing expanded) local or regional eligible partnerships to support work-based learning programs under this Act, make allotments to eligible States in accordance with clauses (ii) through (v) of section 132(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3162(b)(1)(C)), subject to paragraph (2). (2) Application.--For purposes of applying the clauses described in paragraph (1), under paragraph (1), the Secretary-- (A) shall not apply subclauses (I) and (III) of clause (iv) with respect to the first fiscal year after the date of enactment of this Act; (B) shall apply clause (iv)(II) by substituting ``0.5 percent of the remaining amounts described in paragraph (1)'' for the total described in that clause; (C) shall not apply clause (iv)(IV); (D) shall apply clause (v)(II) by substituting the term ``allotment percentage'', used with respect to the second full fiscal year after the date of enactment of this Act, or a subsequent fiscal year, means a percentage of the remaining amounts described in paragraph (1) that is received through an allotment made under this subsection for the fiscal year for the two sentences in that clause; and (E) shall apply clause (v)(III) by substituting ``a work-based learning program carried out under this Act'' for ``a program of workforce investment activities carried out under this subtitle''. (3) Use of unallotted funds.--If a State fails to meet the requirements for an allotment under this subsection, the Secretary may allot funds that are not allotted under paragraphs (1) and (2) to eligible States under a formula based on the formula specified in section 132(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3173(c)). (4) Definition.--In this subsection, the term ``eligible State'' means a State that meets the requirements of section 102 or 103 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3112, 3113) and subsection (c). (c) State Eligibility.--To be eligible to receive an allotment under subsection (b), a State, in consultation with State boards and local boards, shall submit an application to the Secretary, at such time, in such manner, and containing a description of the activities to be carried out with the grant funds. At a minimum, the application shall include information on-- (1) the local or regional industry or sector partnerships that will be supported, including the lead partners for the partnerships, and how the partnerships will work to engage small and medium-sized businesses, as applicable, in the activities of the partnerships; (2) the in-demand industry sectors that will be served, including how such industry sectors were identified, and how the activities of the partnerships will align with State, regional, and local plans as required under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.); (3) the registered apprenticeship programs or other work- based learning programs to be supported though the partnerships; (4) the populations that will receive services, including individuals with barriers to employment and populations that were historically underrepresented in the industry sectors to be served through the partnerships; (5) the services, including business engagement, classroom instruction, and support services (including at least 6 months of post-employment support services), that will be supported through the grant funds; (6) the recognized postsecondary credentials that workers will obtain through participation in the program and the quality of the program that leads to the credentials; (7) levels of performance to be achieved on the performance indicators described in section 8, to measure progress towards expanding work-based learning programs; (8) how local or regional partnerships will leverage additional resources, including funding provided under title I of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111 et seq.) and non-Federal resources, to support the activities carried out under this Act; and (9) such other subjects as the Secretary may require. (d) Review of Applications.--The Secretary shall review applications submitted under subsection (c) in consultation with the Secretary of Education and the Secretary of Health and Human Services. SEC. 6. GRANTS TO PARTNERSHIPS. (a) Grants.-- (1) In general.--The Governor of a State that receives an allotment under section 5 shall use the funds made available through the allotment and not reserved under subsection (d) to award grants to eligible partnerships. The Governor shall award the grants for the purpose of assisting (which may include establishing or expanding) local or regional industry or sector partnerships that are identified in the application submitted under section 5(c), to carry out activities described in section 7. (2) Period and amount of grant.--A State may make a grant under this section for a period of 3 years, and in an amount of not more than $500,000. (3) Availability of funds.--The Governor of a State that receives an allotment under section 5 for a fiscal year may use the funds made available through the allotment during that year or the 2 subsequent fiscal years. (b) Eligibility.--To be eligible to receive a grant under this section, an industry or sector partnership described in subsection (a)(1) shall-- (1) submit an application to the State at such time, in such manner, and containing such information as the State may require; and (2) designate a partner in the industry or sector partnership, to serve as the fiscal agent for purposes of the grant. (c) Awards of Grants.-- (1) Participation in multiple eligible partnerships.-- Subject to paragraph (2), a State may award grants under this section in a way that results in an entity being represented in more than one partnership that receives such a grant. (2) Geographic diversity.--In making the grants, a State shall ensure that there is geographic diversity in the areas in which activities will be carried out under the grants. (d) Administration.--The State may reserve not more than 5 percent of the amount of an allotment under section 5 for the administration of the grants awarded under this section. SEC. 7. USE OF FUNDS. (a) In General.--An eligible partnership that receives a grant under section 6 shall use the grant funds to support a registered apprenticeship or other work-based learning program. The eligible partnership shall use the grant funds to support the activities described in subsections (b) and (c) and such other strategies as may be necessary to support the development and implementation of work- based learning programs, and participant retention in and completion of those programs. The partnership may use the grant funds to establish or expand eligible partnerships. (b) Business Engagement.--The eligible partnership shall use grant funds to provide services to engage businesses in work-based learning programs, which may include assisting a small or medium-sized business with-- (1) the navigation of the registration process for a sponsor of a registered apprenticeship program; (2) the connection of the business with an education provider to develop classroom instruction to complement on-the- job learning; (3) the development of a curriculum for a work-based learning program; (4) the employment of workers in a work-based learning program for a transitional period before the business hires an individual for continuing employment; (5) the provision of training to managers and front-line workers to serve as trainers or mentors to workers in the work- based learning program; (6) the provision of career awareness activities; and (7) the recruitment of individuals to participate in a work-based learning program from individuals receiving additional workforce and human services, including-- (A) workers in programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.); (B) recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and (C) recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (c) Support Services for Workers.-- (1) In general.--The eligible partnership shall use grant funds to provide support services for workers to assure their success in work-based learning programs, which may include-- (A) connection of individuals with adult basic education during pre-work-based learning or training, and during the period of employment; (B) connection of individuals with pre-work-based learning or training, including through a pre- apprenticeship program; (C) provision of additional mentorship and retention supports for individuals pre-work-based learning or training, and during the period of employment; (D) provision of tools, work attire, and other required items necessary to start employment pre-work- based learning or training, and during the period of employment; and (E) provision of transportation, child care services, or other support services pre-work-based learning or training, and during the period of employment. (2) Length of services.--Each eligible partnership shall provide support services for workers for not less than 12 months after the date of placement of an individual in a work- based learning program. That 12-month period shall include a period of pre-work-based learning or training, a transitional period of employment as described in subsection (b)(4), and a period of continuing employment. SEC. 8. PERFORMANCE AND ACCOUNTABILITY. (a) Local Reports.--Not later than 1 year after receiving a grant under section 6, and annually thereafter, each eligible partnership in a State shall conduct an evaluation and submit to the State a local report containing information on-- (1) levels of performance achieved by the eligible partnership with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A))-- (A) for all workers in the work-based learning program involved; and (B) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by race, ethnicity, sex, and age; and (2) levels of performance achieved by the eligible partnership with respect to the performance indicators under that section 116(b)(2)(A)-- (A) for individuals with barriers to employment in the work-based learning program involved; and (B) for all such individuals, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act and by race, ethnicity, sex, and age. (b) State Reports.--Not later than 24 months after receiving initial local reports under subsection (a) (but in no case less than 18 months after the corresponding grants are awarded) and annually thereafter, the State shall conduct an evaluation and submit a report to the Secretary containing-- (1) the information provided by the eligible partnerships through the local reports; and (2) the State level of performance, aggregated across all eligible partnerships, with respect to the performance indicators described in subsection (a). SEC. 9. CONFORMING AMENDMENTS. (a) American Competitiveness and Workforce Improvement Act of 1998.--Section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 2916a) is repealed. (b) Immigration and Nationality Act.--Section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)) is amended to read as follows: ``(2) Use of fees for work-based learning programs.--50 percent of amounts deposited into the H-1B Nonimmigrant Petitioner Account shall remain available to the Secretary of Labor until expended to carry out the PARTNERS Act.''. all
H.R. 637 (Introduced in House) - Veterans Economic Recovery Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr637ih/html/BILLS-117hr637ih.htm	DOC 117th CONGRESS 1st Session H. R. 637 To direct the Secretary of Veterans Affairs to provide retraining assistance to certain veterans unemployed by reason of the COVID-19 public health emergency. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Bost introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to provide retraining assistance to certain veterans unemployed by reason of the COVID-19 public health emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Economic Recovery Act of 2021''. SEC. 2. COVID-19 VETERAN RAPID RETRAINING ASSISTANCE PROGRAM. (a) In General.--The Secretary of Veterans Affairs shall carry out a program under which the Secretary shall provide up to 12 months of retraining assistance to an eligible veteran for the pursuit of a covered program of education. Such retraining assistance shall be in addition to any other entitlement to educational assistance or benefits for which a veteran is, or has been, eligible. (b) Eligible Veterans.-- (1) In general.--For purposes of this section, the term ``eligible veteran'' means a veteran who-- (A) as of the date of the receipt by the Department of Veterans Affairs of the application for assistance under this section, is at least 22 years of age but not more than 66 years of age; (B) as of such date, is unemployed by reason of the covered public health emergency, as certified by the veteran; (C) as of such date, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code; (D) is not enrolled in any Federal or State jobs program; (E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; and (F) will not be in receipt of unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act (Public Law 116-136), as of the first day on which the veteran would receive a housing stipend payment under this section. (2) Treatment of veterans who transfer entitlement.--For purposes of paragraph (1)(C), a veteran who has transferred all of the veteran's entitlement to educational assistance under section 3319 of title 38, United States Code, shall be considered to be a veteran who is not eligible to receive educational assistance under chapter 33 of such title. (3) Failure to complete.--A veteran who receives retraining assistance under this section to pursue a program of education and who fails to complete the program of education shall not be eligible to receive additional assistance under this section. (c) Covered Programs of Education.-- (1) In general.--For purposes of this section, a covered program of education is a program of education (as such term is defined in section 3452(b) of title 38, United States Code) for training, pursued on a full-time or part-time basis-- (A) that-- (i) is approved under chapter 36 of such title; (ii) does not lead to a bachelors or graduate degree; and (iii) is designed to provide training for a high-demand occupation, as determined under paragraph (3); or (B) that is a high technology program of education offered by a qualified provider, under the meaning given such terms in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115-48; 38 U.S.C. 3001 note). (2) Accredited programs.--In the case of an accredited program of education, the program of education shall not be considered a covered program of education under this section if the program has received a show cause order from the accreditor of the program during the five-year period preceding the date of the enactment of this Act. (3) Determination of high-demand occupations.-- (A) Initial implementation.--In carrying out this section, the Secretary shall use the list of high- demand occupations compiled by the Commissioner of Labor Statistics until the final list under subparagraph (C) is complete. (B) Study required.--The Secretary of Veterans Affairs shall enter into an agreement with a federally funded research and development corporation or another appropriate non-Department entity for the conduct of a study to determine which occupations are high-demand occupations. Such study shall be completed not later than 90 days after the date of the enactment of this Act. (C) Final list.--The Secretary-- (i) may add or remove occupation from the list in use pursuant to subparagraph (A) during the 90-day period following the completion of the study required by subparagraph (B); (ii) shall issue a final list of high- demand occupations for use under this section by not later than 90 days after the date of the completion of the study; and (iii) shall make such final list publicly available on a website of the Department. (D) Use of list.--The Secretary shall use the list developed under this paragraph in order to apply the requirement that retraining assistance under this section is used for training for a high-demand occupation, but the Secretary may remove occupations from the list as the Secretary determines appropriate. (4) Full-time defined.--For purposes of this subsection, the term ``full-time'' has the meaning given such term under section 3688 of title 38, United States Code. (d) Amount of Assistance.-- (1) Retraining assistance.--The Secretary of Veterans Affairs shall provide to an eligible veteran pursuing a covered program of education under the retraining assistance program under this section an amount equal to the amount of educational assistance payable under section 3313(c)(1)(A) of title 38, United States Code, for each month the veteran pursues the covered program of education. Such amount shall be payable directly to the educational institution offering the covered program of education pursued by the veteran as follows: (A) 50 percent of the total amount payable shall be paid when the eligible veteran begins the program of education. (B) 25 percent of the total amount payable shall be paid when the eligible veteran completes the program of education. (C) 25 percent of the total amount payable shall be paid when the eligible veteran finds employment in a field related to the program of education. (2) Failure to complete.-- (A) Pro-rated payments.--In the case of a veteran who pursues a covered program of education under the retraining assistance program under this section, but who does not complete the program of education, the Secretary shall pay to the educational institution offering such program of education a pro-rated amount based on the number of months the veteran pursued the program of education in accordance with this paragraph. (B) Payment otherwise due upon completion of program.--The Secretary shall pay to the educational institution a pro-rated amount under paragraph (1)(B) when the veteran provides notice to the educational institution that the veteran no longer intends to pursue the program of education. (C) Nonrecovery from veteran.--In the case of a veteran referred to in subparagraph (A), the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(B) had the veteran completed the program of education. (D) Payment due upon employment.-- (i) Veterans who find employment.--In the case of a veteran referred to in subparagraph (A) who finds employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education, the Secretary shall pay to the educational institution a pro-rated amount under paragraph (1)(C) when the veteran finds such employment. (ii) Veterans who do not find employment.-- In the case of a veteran referred to in subparagraph (A) who does not find employment in a field related to the program of education during the 180-day period beginning on the date on which the veteran withdraws from the program of education-- (I) the Secretary shall not make a payment to the educational institution under paragraph (1)(C); and (II) the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(C) had the veteran found employment during such 180-day period. (3) Housing stipend.--For each month that an eligible veteran pursues a covered program of education under the retraining assistance program under this section, the Secretary shall pay to the veteran a monthly housing stipend in an amount equal to-- (A) in the case of a covered program of education leading to a degree, or a covered program of education not leading to a degree, at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code; (B) in the case of a covered program of education other than a program of education leading to a degree at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such section; or (C) in the case of a covered program of education pursued on less than a half-time basis, or a covered program of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section. (4) Failure to find employment.--The Secretary shall not make a payment under paragraph (1)(C) with respect to an eligible veteran who completes or fails to complete a program of education under the retraining assistance program under this section if the veteran fails to find employment in a field related to the program of education within the 180-period beginning on the date on which the veteran withdraws from or completes the program. (e) No Transferability.--Retraining assistance provided under this section may not be transferred to another individual. (f) Employment Assistance.-- (1) In general.--The Secretary of Labor shall contact each veteran who pursues a covered program of education under this section-- (A) not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and (B) not later than 14 days after the date on which the veteran completes, or terminates participation in, such program to facilitate the provision of employment placement services to such veteran. (2) Provision of information.--The Secretary of Veterans Affairs shall provide to the Secretary of Labor such information as may be necessary to carry out paragraph (1). (g) Nonprofit Organization.-- (1) In general.--The Secretary of Veterans Affairs shall seek to enter into a memorandum of understanding with one or more qualified nonprofit organizations for the purpose of facilitating the employment of veterans who participate in the retraining assistance program under this section. (2) Qualified nonprofit organization.--For purposes of this subsection, a qualified nonprofit organization is a nonprofit organization that-- (A) is an association of businesses; and (B) has at least two years of experience providing job placement services for veterans. (h) Follow up Outreach.--The Secretary of Veterans Affairs, in coordination with the Secretary of Labor shall contact each veteran who completes a covered program of education under the retraining assistance program under this section 30, 60, 90, and 180 days after the veteran completes such program of education to ask the veteran about the experience of the veteran in the retraining assistance program and the veteran's employment status. (i) Quarterly Reports.--Not later than the date that is one year after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Labor shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report containing the following information about veterans who participate in the retraining assistance program under this section: (1) The percentage of such veterans who found employment before the end of the second calendar quarter after exiting the program. (2) The percentage of such veterans who found employment before the end of the fourth calendar quarter after exiting the program. (3) The median earnings of all such veterans for the second quarter after exiting the program. (4) The percentage of such veterans who attain a recognized postsecondary credential during the 12-month period after exiting the program. (j) Limitation.--Not more than 35,000 eligible veterans may receive retraining assistance under this section. (k) Termination.--No retraining assistance may be paid under this section after the date that is 21 months after the date of the enactment of this Act. (l) GAO Report.--Not later than 180 days after the termination of the retraining assistance program under subsection (k), the Comptroller General shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the outcomes and effectiveness of the program. (m) Definitions.--In this section: (1) The term ``covered public health emergency'' means the declaration-- (A) of a public health emergency, based on an outbreak of COVID-19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or (B) of a domestic emergency, based on an outbreak of COVID-19 by the President, the Secretary of Homeland Security, or State, or local authority. (2) The term ``veteran'' means-- (A) a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; or (B) a member of a reserve component of the Armed Forces who performs active service for a period of 30 days or longer by reason of the covered public health emergency. (3) The term ``active service'' has the meaning given such term in section 101 of title 10, United States Code. (n) Funding.-- (1) In general.--For each fiscal year for which the Secretary provides retraining assistance under this section, such sums as may be necessary shall be made available for such assistance from funds appropriated to, or otherwise made available to, the Department for the payment of readjustment benefits. (2) Administrative costs.--There is authorized to be appropriated $15,000,000 to carry out administrative functions of this section. (o) Initiation of Payments.--The Secretary may begin providing retraining assistance under this section on the date that is 180 days after the date of the enactment of this Act. all
H.R. 638 (Introduced in House) - Cost Estimates Improvement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr638ih/html/BILLS-117hr638ih.htm	DOC 117th CONGRESS 1st Session H. R. 638 To amend the Congressional Budget Act of 1974 to provide that any estimate prepared by the Congressional Budget Office or the Joint Committee on Taxation shall include costs relating to servicing the public debt, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Cloud (for himself, Mr. Biggs, Mr. Perry, Mr. McClintock, Mr. Budd, Mr. Palmer, Mr. Brooks, Mr. Duncan, Mr. Higgins of Louisiana, Mrs. Hinson, Mr. LaMalfa, Mr. Williams of Texas, Mr. Wright, Mrs. Lesko, Mr. Roy, Mr. Donalds, Mr. Bishop of North Carolina, Mr. Buck, Mr. Bergman, Mr. Hice of Georgia, Mr. Taylor, and Mr. Gooden of Texas) introduced the following bill; which was referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Congressional Budget Act of 1974 to provide that any estimate prepared by the Congressional Budget Office or the Joint Committee on Taxation shall include costs relating to servicing the public debt, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost Estimates Improvement Act''. SEC. 2. CBO AND JCT ESTIMATES TO INCLUDE DEBT SERVICING COSTS. (a) In General.--The Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.) is amended by inserting after section 406 the following: ``estimates to include debt servicing costs and a list of duplicative activities ``Sec. 407. (a) Cost of Debt Service.--Any estimate prepared by the Director of the Congressional Budget Office under section 402, and any estimate prepared by the Joint Committee on Taxation, shall include, to the extent practicable, the costs (if any) of servicing the public debt. ``(b) List of Duplicative Activities.--Any estimate prepared by the Director of the Congressional Budget Office or the Joint Committee on Taxation shall include a list of any Federal agencies, programs, and initiatives with fragmented, overlapping, or duplicative goals or activities covered by the legislation.''. (b) Clerical Amendment.--The table of contents of such Act is amended by inserting after the item relating to section 402 the following: ``407. Estimates to include debt servicing costs and a list of duplicative activities.''. all
H.R. 639 (Introduced in House) - Voter Registration Reporting Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr639ih/html/BILLS-117hr639ih.htm	DOC 117th CONGRESS 1st Session H. R. 639 To require States to submit annual reports on voter registration to the Election Assistance Commission. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Brown introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To require States to submit annual reports on voter registration to the Election Assistance Commission. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Registration Reporting Act of 2021''. SEC. 2. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS. (a) Annual Report.--Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following categories of information for the year: (1) The number of individuals who were registered by automatic registration. (2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency. (3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency. (4) The number of change of address forms and other forms of information indicating that an individual's identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted. (5) The number of individuals on the statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted. (6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request. (b) Breakdown of Information.--In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race, ethnicity, age, and gender of the individuals whose information is included in the category, to the extent that information on the race, ethnicity, age, and gender of such individuals is available to the State. (c) Confidentiality of Information.--In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed. (d) Definitions.-- (1) Automatic voter registration.--In this section, the term ``automatic registration'' means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections. (2) State.--In this section, the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. all
H.R. 63 (Introduced in House) - Limiting Emergency Powers Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr63ih/html/BILLS-117hr63ih.htm	DOC 117th CONGRESS 1st Session H. R. 63 To amend the National Emergencies Act to provide that a national emergency declared by the President terminates 30 days after the declaration unless a joint resolution affirming such declaration is enacted into law, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Foreign Affairs, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the National Emergencies Act to provide that a national emergency declared by the President terminates 30 days after the declaration unless a joint resolution affirming such declaration is enacted into law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting Emergency Powers Act of 2021''. SEC. 2. LIMITATION ON DURATION OF NATIONAL EMERGENCY WITHOUT CONGRESSIONAL APPROVAL. (a) In General.--Section 202 of the National Emergencies Act (50 U.S.C. 1622) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Any national emergency declared by the President in accordance with this title shall terminate if-- ``(1) there has not been enacted into law a joint resolution affirming the declaration of such national emergency before the date that is 30 days after the date on which such national emergency is declared; ``(2) there is enacted into law a joint resolution terminating the emergency; or ``(3) the President issues a proclamation terminating the emergency.''; (2) by striking subsection (b) and inserting the following: ``(b)(1) The date on which a national emergency is terminated pursuant to subsection (a) shall be the first occurrence of any of the following dates: ``(A) The last date of the period described in subsection (a)(1). ``(B) The date specified in any joint resolution referred to in subsection (a)(2). ``(C) The date specified in a proclamation by the President terminating the emergency as provided in subsection (a)(3). ``(2) Effective on the date of the termination of a national emergency under paragraph (1)-- ``(A) any amounts reprogrammed or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated; ``(B) any contracts entered into under any provision of law for construction relating to the emergency shall be terminated unless construction commenced under the contract before that date; and ``(C) any powers or authorities exercised by reason of said emergency shall cease to be exercised after that date, except that a termination shall not affect-- ``(i) any action taken or proceeding pending not finally concluded or determined on such date; ``(ii) any action or proceeding based on any act committed prior to such date; or ``(iii) any rights or duties that matured or penalties that were incurred prior to such date.''; (3) in subsection (c)-- (A) in paragraph (1) by inserting ``or affirm'' after ``terminate''; and (B) in paragraph (5) by striking ``, subsection (b) of this section,''; and (4) by striking subsection (d) and inserting the following: ``(d) A national emergency declared by the President under section 201, affirmed by a joint resolution under subsection (a)(1), and not otherwise previously terminated, shall terminate on the date that is 2 years after the President transmitted to Congress the proclamation declaring the emergency under section 201(a) or Congress affirms a previous renewal pursuant to this subsection, unless-- ``(1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and ``(2) there is enacted into law a joint resolution affirming the renewal of the declaration, according to the requirements of subsection (c), before the termination of the emergency or previous renewal of the emergency.''. (b) Application to National Emergencies Previously Declared.--A national emergency declared under section 201 of the National Emergencies Act (50 U.S.C. 1621 et seq.) before the date of the enactment of this Act shall be unaffected by the amendments made by this Act except that such emergencies shall terminate on the date that is 2 years after such date of enactment unless the emergency is renewed under section 201(d) of the National Emergencies Act, as amended by this Act. all
H.R. 640 (Introduced in House) - Expanding Access to Early Voting Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr640ih/html/BILLS-117hr640ih.htm	DOC 117th CONGRESS 1st Session H. R. 640 To amend the Help America Vote Act of 2002 to allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Brown introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Help America Vote Act of 2002 to allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Access to Early Voting Act of 2021''. SEC. 2. EARLY VOTING. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following new section: ``SEC. 304. EARLY VOTING. ``(a) Requiring Voting Prior to Date of Election.-- ``(1) In general.--Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in the same manner as voting is allowed on such date. ``(2) Length of period.--The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the election. ``(b) Minimum Early Voting Requirements.--Each polling place which allows voting during an early voting period under subsection (a) shall-- ``(1) allow such voting for no less than 10 hours on each day; ``(2) have uniform hours each day for which such voting occurs; and ``(3) allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). ``(c) Location of Polling Places.-- ``(1) Proximity to public transportation.--To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection (a) is located within walking distance of a stop on a public transportation route. ``(2) Availability in rural areas.--The State shall ensure that polling places which allow voting during an early voting period under subsection (a) will be located in rural areas of the State, and shall ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. ``(d) Standards.-- ``(1) In general.--The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. ``(2) Deviation.--The standards described in paragraph (1) shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. ``(e) Ballot Processing and Scanning Requirements.-- ``(1) In general.--The State shall begin processing and scanning ballots cast during early voting for tabulation at least 14 days prior to the date of the election involved. ``(2) Limitation.--Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. ``(f) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 304, June 30, 2022.''. (c) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (d) Clerical Amendment.--The table of contents of such Act, is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Early voting.''. all
H.R. 641 (Introduced in House) - Polling Change Awareness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr641ih/html/BILLS-117hr641ih.htm	DOC 117th CONGRESS 1st Session H. R. 641 To amend the Help America Vote Act of 2002 to require States to meet notification requirements for voters affected by polling place changes, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Brown introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Help America Vote Act of 2002 to require States to meet notification requirements for voters affected by polling place changes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Polling Change Awareness Act''. SEC. 2. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY POLLING PLACE CHANGES. (a) Requirements.--Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Minimum Notification Requirements for Voters Affected by Polling Place Changes.-- ``(1) In general.--If a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote-- ``(A) the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election or the first day of an early voting period (whichever occurs first); or ``(B) if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election. ``(2) Methods of notification.--The State shall notify an individual under subparagraph (A) of paragraph (1) by mail, telephone, and (if available) text message and electronic mail. ``(3) Placement of signs at closed polling places.--If a location which served as a polling place in an election for Federal office does not serve as a polling place in the next election for Federal office held in the jurisdiction involved, the State shall ensure that signs are posted at such location on the date of the election and during any early voting period for the election containing the following information: ``(A) A statement that the location is not serving as a polling place in the election. ``(B) The locations serving as polling places in the election in the jurisdiction involved. ``(C) Contact information, including a telephone number and website, for the appropriate State or local election official through which an individual may find the polling place to which the individual is assigned for the election. ``(4) Effective date.--This subsection shall apply with respect to elections held on or after January 1, 2022.''. (b) Conforming Amendment.--Section 302(e) of such Act (52 U.S.C. 21082(e)), as redesignated by subsection (a), is amended by striking ``Each State'' and inserting ``Except as provided in subsection (d)(4), each State''. all
H.R. 642 (Introduced in House) - Voter Information Hotline Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr642ih/html/BILLS-117hr642ih.htm	DOC 117th CONGRESS 1st Session H. R. 642 To direct the Attorney General to establish a voter information response system and hotline to respond to the questions and complaints of voters in elections for Federal office, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Brown introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To direct the Attorney General to establish a voter information response system and hotline to respond to the questions and complaints of voters in elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Voter Information Hotline Act of 2021''. SEC. 2. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE. (a) Establishment and Operation of Systems and Services.-- (1) State-based response systems.--The Attorney General shall coordinate the establishment of a State-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to register to vote, in elections for Federal office. Such system shall provide-- (A) State-specific, same-day, and immediate assistance to such individuals, including information on how to register to vote, the location and hours of operation of polling places, and how to obtain absentee ballots; and (B) State-specific, same-day, and immediate assistance to individuals encountering problems with registering to vote or voting, including individuals encountering intimidation or deceptive practices. (2) Hotline.--The Attorney General, in consultation with State election officials, shall establish and operate a toll- free telephone service, using a telephone number that is accessible throughout the United States and that uses easily identifiable numerals, through which individuals throughout the United States-- (A) may connect directly to the State-based response system described in paragraph (1) with respect to the State involved; (B) may obtain information on voting in elections for Federal office, including information on how to register to vote in such elections, the locations and hours of operation of polling places, and how to obtain absentee ballots; and (C) may report information to the Attorney General on problems encountered in registering to vote or voting, including incidences of voter intimidation or suppression. (3) Collaboration with state and local election officials.-- (A) Collection of information from states.--The Attorney General shall coordinate the collection of information on State and local election laws and policies, including information on the statewide computerized voter registration lists maintained under title III of the Help America Vote Act of 2002, so that individuals who contact the free telephone service established under paragraph (2) on the date of an election for Federal office may receive an immediate response on that day. (B) Forwarding questions and complaints to states.--If an individual contacts the free telephone service established under paragraph (2) on the date of an election for Federal office with a question or complaint with respect to a particular State or jurisdiction within a State, the Attorney General shall forward the question or complaint immediately to the appropriate election official of the State or jurisdiction so that the official may answer the question or remedy the complaint on that date. (4) Consultation requirements for development of systems and services.--The Attorney General shall ensure that the State-based response system under paragraph (1) and the free telephone service under paragraph (2) are each developed in consultation with civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations, especially those that have experience in the operation of similar systems and services. (b) Use of Service by Individuals With Disabilities and Individuals With Limited English Language Proficiency.--The Attorney General shall design and operate the telephone service established under this section in a manner that ensures that individuals with disabilities are fully able to use the service, and that assistance is provided in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965. (c) Voter Hotline Task Force.-- (1) Appointment by attorney general.--The Attorney General shall appoint individuals (in such number as the Attorney General considers appropriate but in no event fewer than 3) to serve on a Voter Hotline Task Force to provide ongoing analysis and assessment of the operation of the telephone service established under this section, and shall give special consideration in making appointments to the Task Force to individuals who represent civil rights organizations. At least one member of the Task Force shall be a representative of an organization promoting voting rights or civil rights which has experience in the operation of similar telephone services or in protecting the rights of individuals to vote, especially individuals who are members of racial, ethnic, or linguistic minorities or of communities who have been adversely affected by efforts to suppress voting rights. (2) Eligibility.--An individual shall be eligible to serve on the Task Force under this subsection if the individual meets such criteria as the Attorney General may establish, except that an individual may not serve on the task force if the individual has been convicted of any criminal offense relating to voter intimidation or voter suppression. (3) Term of service.--An individual appointed to the Task Force shall serve a single term of 2 years, except that the initial terms of the members first appointed to the Task Force shall be staggered so that there are at least 3 individuals serving on the Task Force during each year. A vacancy in the membership of the Task Force shall be filled in the same manner as the original appointment. (4) No compensation for service.--Members of the Task Force shall serve without pay, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (d) Bi-Annual Report to Congress.--Not later than March 1 of each odd-numbered year, the Attorney General shall submit a report to Congress on the operation of the telephone service established under this section during the previous 2 years, and shall include in the report-- (1) an enumeration of the number and type of calls that were received by the service; (2) a compilation and description of the reports made to the service by individuals citing instances of voter intimidation or suppression, together with a description of any actions taken in response to such instances of voter intimidation or suppression; (3) an assessment of the effectiveness of the service in making information available to all households in the United States with telephone service; (4) any recommendations developed by the Task Force established under subsection (c) with respect to how voting systems may be maintained or upgraded to better accommodate voters and better ensure the integrity of elections, including but not limited to identifying how to eliminate coordinated voter suppression efforts and how to establish effective mechanisms for distributing updates on changes to voting requirements; and (5) any recommendations on best practices for the State- based response systems established under subsection (a)(1). (e) Authorization of Appropriations.-- (1) Authorization.--There are authorized to be appropriated to the Attorney General for fiscal year 2021 and each succeeding fiscal year such sums as may be necessary to carry out this section. (2) Set-aside for outreach.--Of the amounts appropriated to carry out this section for a fiscal year pursuant to the authorization under paragraph (1), not less than 15 percent shall be used for outreach activities to make the public aware of the availability of the telephone service established under this section, with an emphasis on outreach to individuals with disabilities and individuals with limited proficiency in the English language. all
H.R. 643 (Introduced in House) - Stop Greenlighting Driver Licenses for Illegal Immigrants Act	https://www.govinfo.gov/content/pkg/BILLS-117hr643ih/html/BILLS-117hr643ih.htm	DOC 117th CONGRESS 1st Session H. R. 643 To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Buck (for himself, Mr. Lamborn, Mr. Duncan, Mr. Babin, Mr. Arrington, Mr. Bishop of North Carolina, Mr. Gohmert, Mr. Budd, Mr. DesJarlais, Mr. Burgess, Mr. Steube, Mr. Gaetz, Mr. Weber of Texas, Mr. Brooks, Mr. Smith of Missouri, Mr. Williams of Texas, Mr. Bost, and Mr. Hern) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Greenlighting Driver Licenses for Illegal Immigrants Act''. SEC. 2. DEFINITIONS. In this Act: (1) Edward byrne memorial justice assistance grant program funds.--The term ``Edward Byrne Memorial Justice Assistance Grant Program funds''-- (A) means a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (2) Immigration enforcement information.--The term ``immigration enforcement information'' means-- (A) information relating to the citizenship or immigration status of any individual; and (B) the date, time, and location of the release of any individual from detention, jail, or a prison facility. (3) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 3. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. (a) Prohibition.--The following States shall be subject to subsection (b): (1) Any State that issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States. (2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information. (b) Penalty.--A State described in subsection (a) shall-- (1) in the case of a State described in subsection (a)(1), not later than 30 days after the date on which a driver license is issued to an individual who does not have proof of United States citizenship or lawful presence in the United States, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; (2) in the case of a State described in subsection (a)(2), not later than 30 days after the date of enactment of this Act, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; and (3) be ineligible to receive Edward Byrne Memorial Justice Assistance Grant Program funds until the date on which the State institutes a law or policy that-- (A) prohibits the issuance of a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; and (B) permits a local or State government entity or official to collect and send to and receive from the Department of Homeland Security immigration enforcement information. all
H.R. 644 (Introduced in House) - Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr644ih/html/BILLS-117hr644ih.htm	DOC 117th CONGRESS 1st Session H. R. 644 To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Calvert introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the National Environmental Policy Act of 1969 to authorize assignment to States of Federal agency environmental review responsibilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Environmental Barriers to Unified Infrastructure and Land Development Act of 2021'' or the ``REBUILD Act''. SEC. 2. ASSIGNMENT TO STATES OF FEDERAL ENVIRONMENTAL REVIEW RESPONSIBILITIES. Title I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.) is amended by adding at the end the following new section: ``SEC. 106. ASSIGNMENT TO STATES OF ENVIRONMENTAL REVIEW RESPONSIBILITIES WITH RESPECT TO CERTAIN PROJECTS IN THE STATE. ``(a) Assumption of Responsibility.-- ``(1) In general.--Subject to the other provisions of this section, with the written agreement of the responsible Federal official and a State, which may be in the form of a memorandum of understanding, the responsible Federal official may assign, and the State may assume, the responsibilities of the responsible Federal official under this Act with respect to one or more covered Federal projects of the responsible Federal official within the State. ``(2) Additional responsibility.--If a State assumes responsibility under paragraph (1) the responsible Federal official may assign to the State, and the State may assume, all or part of the responsibilities of the responsible Federal official for environmental review, consultation, or other action required under any Federal environmental law pertaining to the review or approval of covered projects of the responsible Federal official. ``(3) Procedural and substantive requirements.--A State shall assume responsibility under this section subject to the same procedural and substantive requirements as would apply if that responsibility were carried out by the responsible Federal official. ``(4) Federal responsibility.--Any responsibility of the responsible Federal official not explicitly assumed by the State by written agreement under this section shall remain the responsibility of the responsible Federal official. ``(5) No effect on authority.--Nothing in this section preempts or interferes with any power, jurisdiction, responsibility, or authority of an agency, other than the agency of the responsible Federal official for a covered Federal project, under applicable law (including regulations) with respect to the project. ``(b) State Participation.-- ``(1) Application.--Not later than 180 days after the date of enactment of this section, each responsible Federal official shall promulgate regulations that establish requirements relating to information required to be contained in any application of a State to assume responsibility under this section with respect to covered Federal projects of the responsible Federal official, including, at a minimum-- ``(A) the projects or classes of projects for which the State anticipates exercising the authority that may be granted under this section; ``(B) verification of the financial resources necessary to carry out the authority that may be assigned under this section; and ``(C) evidence of the notice and solicitation of public comment by the State relating to assumption of responsibility under this section by the State, including copies of comments received from that solicitation. ``(2) Public notice.-- ``(A) In general.--Each State that submits an application under this subsection shall give notice of the intent of the State to submit such application not later than 30 days before the date of submission of the application. ``(B) Method of notice and solicitation.--The State shall provide notice and solicit public comment under this paragraph by publishing the complete application of the State in accordance with the appropriate public notice law of the State. ``(3) Selection criteria.--A responsible Federal official may approve the application of a State under this section only if-- ``(A) the regulatory requirements under paragraph (2) have been met; ``(B) the responsible Federal official determines that the State has the capability, including financial and personnel, to assume the responsibility; and ``(C) the head of the State agency having primary jurisdiction over covered projects with respect to which responsibility would be assigned to the State pursuant to the application enters into a written agreement with the responsible Federal official described in subsection (c). ``(4) Other federal agency views.--If a State applies to assume a responsibility of a responsible Federal official that would have required the responsible Federal official to consult with another Federal agency, the responsible Federal official shall solicit the views of the Federal agency before approving the application. ``(c) Written Agreement.--A written agreement under this section shall-- ``(1) be executed by the Governor of the State or the head of the State agency referred to in subsection (b)(3)(C); ``(2) be in such form as the responsible Federal official may prescribe; and ``(3) provide that the State-- ``(A) agrees to assume all or part of the responsibilities of the responsible Federal official described in subsection (a); ``(B) expressly consents, on behalf of the State, to accept the jurisdiction of the Federal courts for the compliance, discharge, and enforcement of any responsibility of the responsible Federal official assumed by the State; ``(C) certifies that State laws (including regulations) are in effect that-- ``(i) authorize the State to take the actions necessary to carry out the responsibilities being assumed; and ``(ii) are comparable to section 552 of title 5, United States Code, including providing that any decision regarding the public availability of a document under those State laws is reviewable by a court of competent jurisdiction; and ``(D) agrees to maintain the financial resources necessary to carry out the responsibilities being assumed. ``(d) Jurisdiction.-- ``(1) In general.--The United States district courts shall have exclusive jurisdiction over any civil action against a State for failure to carry out any responsibility of the State under this section. ``(2) Legal standards and requirements.--A civil action under paragraph (1) shall be governed by the legal standards and requirements that would apply in such a civil action against the responsible Federal official had the responsible Federal official taken the actions in question. ``(3) Intervention.--The responsible Federal official shall have the right to intervene in any action described in paragraph (1). ``(e) Effect of Assumption of Responsibility.--A State that assumes responsibility under subsection (a) shall be solely responsible and solely liable for carrying out, in lieu of the responsible Federal official, the responsibilities assumed under subsection (a), until the termination of such assumption of responsibility. ``(f) Limitations on Agreements.--Nothing in this section permits a State to assume any rulemaking authority of the responsible Federal official under any Federal law. ``(g) Audits.-- ``(1) In general.--To ensure compliance by a State with any agreement of the State under subsection (c) (including compliance by the State with all Federal laws for which responsibility is assumed under subsection (a)), for each State participating in the program under this section, the responsible Federal official shall conduct-- ``(A) semiannual audits during each of the first 2 years of the effective period of the agreement; and ``(B) annual audits during each subsequent year of such effective period. ``(2) Public availability and comment.-- ``(A) In general.--An audit conducted under paragraph (1) shall be provided to the public for comment for a 30-day period. ``(B) Response.--Not later than 60 days after the date on which the period for public comment ends, the responsible Federal official shall respond to public comments received under subparagraph (A). ``(h) Report to Congress.--Each responsible Federal official shall submit to Congress an annual report that describes the administration of this section by such official. ``(i) Termination by Responsible Federal Official.--The responsible Federal official with respect to an agreement with a State under this section may terminate the agreement, and any responsibility or authority of the State under this section with respect to such agreement, if-- ``(1) the responsible Federal official determines that the State is not adequately carrying out the responsibilities assumed by the State under this section; ``(2) the responsible Federal official provides to the State-- ``(A) notification of the determination of noncompliance; and ``(B) a period of at least 30 days during which to take such corrective action as the responsible Federal official determines is necessary to comply with the applicable agreement; and ``(3) the State, after the notification and period provided under subparagraph (B), fails to take satisfactory corrective action, as determined by the responsible Federal official. ``(j) Definitions.--In this section: ``(1) Covered federal project.--The term `covered Federal project' means-- ``(A)(i) except as provided in clause (ii) and subparagraph (B), any project that is funded by, carried out by, or subject to approval or disapproval by a responsible official, including any project for which a permit or other authorization by a responsible Federal official is required; and ``(ii) in the case of projects funded, carried out by, or subject to review, approval, or disapproval by the Secretary of the Army, and except as provided in subparagraph (B), includes only such projects of the Corps of Engineers; and ``(B) the preparation of any statement required by section 102(2)(C). ``(2) Responsible federal official.--The term `responsible Federal official' means-- ``(A) the Secretary of the Interior; ``(B) the Secretary of Transportation; ``(C) the Administrator of the Environmental Protection Agency; ``(D) the Secretary of the Army; and ``(E) the head of a Federal agency, with respect to the preparation of statements under section 102(2)(C) for major Federal actions (as that term is used in that section) of the agency.''. all
H.R. 645 (Introduced in House) - School Security Enhancement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr645ih/html/BILLS-117hr645ih.htm	DOC 117th CONGRESS 1st Session H. R. 645 To amend the Elementary and Secondary Education Act of 1965 to strengthen school security. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Carter of Texas introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to strengthen school security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Security Enhancement Act''. SEC. 2. SCHOOL SECURITY. Section 4104 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7114) is amended-- (1) in subsection (b)(3)(B)-- (A) in clause (iii), by striking ``and'' at the end; and (B) by inserting after clause (iv) the following: ``(v) improving school conditions for student learning, by enabling local educational agencies to use funds available under subsection (a)(3) for the purpose of planning and designing school buildings and facilities, installing infrastructure, and implementing technology or other measures, that strengthen security on school premises, which may include-- ``(I) controlling access to school premises or facilities, through the use of metal detectors, or other measures, or technology, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available), in accordance with the needs of the school; ``(II) implementing any technology or measure, or installing any infrastructure, to cover and conceal students within the school during crisis situations; ``(III) implementing technology to provide notification to relevant law enforcement and first responders during such a situation; ``(IV) implementing any technology or measure, including hiring school security officers, or installing any infrastructure, with evidence-based effectiveness (to the extent the State involved determines that such evidence is reasonably available) to increase the safety of school students and staff; ``(V) implementing any technology or measure, or installing any infrastructure, for school safety reinforcement, including bullet- resistant doors and windows; and ``(VI) implementing any technology or system that would reduce the time needed to disseminate official information to parents regarding the safety of their children during and immediately following a crisis; and''; and (2) by adding at the end the following: ``(d) Rules of Construction.-- ``(1) No funds to provide firearms or training.--No amounts provided as a grant under this part may be used for the provision to any person of a firearm or training in the use of a firearm. ``(2) No effect on other laws.--Nothing in this part may be construed to preclude or contradict any other provision of law authorizing the provision of firearms or training in the use of firearms.''. all
H.R. 646 (Introduced in House) - COVID–19 Mine Worker Protection Act	https://www.govinfo.gov/content/pkg/BILLS-117hr646ih/html/BILLS-117hr646ih.htm	DOC 117th CONGRESS 1st Session H. R. 646 To direct the Secretary of Labor to provide for an emergency temporary standard that requires operators to develop and implement a comprehensive infectious disease exposure control plan to protect miners from exposure to SARS-CoV-2, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Cartwright (for himself, Mr. Fitzpatrick, Mr. Brendan F. Boyle of Pennsylvania, Mr. Grijalva, Ms. Schakowsky, Mr. Garcia of Illinois, Ms. Kaptur, Mrs. Trahan, Mr. Welch, Mr. Norcross, Mr. Takano, Mr. Michael F. Doyle of Pennsylvania, Mr. Carson, Mr. Ryan, and Mr. Rogers of Kentucky) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to provide for an emergency temporary standard that requires operators to develop and implement a comprehensive infectious disease exposure control plan to protect miners from exposure to SARS-CoV-2, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Mine Worker Protection Act''. SEC. 2. EMERGENCY TEMPORARY AND PERMANENT STANDARDS. (a) Emergency Temporary Health or Safety Standard.-- (1) In general.--In consideration of the grave risk presented by COVID-19 and the need to strengthen protections for miners, pursuant to section 101(b) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811(b)) and notwithstanding the provisions of law and the Executive order listed in paragraph (3), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall provide for an emergency temporary health or safety standard to protect miners from occupational exposure to SARS-CoV-2. (2) Application of standard.--Pursuant to section 101(b)(2) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811(b)), the emergency temporary health or safety standard under paragraph (1) shall be effective until superseded by a mandatory health or safety standard promulgated under subsection (b). (3) Inapplicable provisions of law and executive order.-- The provisions of law and the Executive order listed in this paragraph are as follows: (A) Chapter 6 of title 5, United States Code (commonly referred to as the ``Regulatory Flexibility Act''). (B) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''). (C) The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (b) Permanent Standard.--Pursuant to section 101(b)(3) of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 811(b)(3)), the Secretary shall promulgate a mandatory standard to protect miners from occupational exposure to SARS-CoV-2. (c) Requirements.--The standards promulgated under this section shall-- (1) include a requirement that operators-- (A) with the input and involvement of miners (or, where applicable, the representatives of miners), develop and implement a comprehensive infectious disease exposure control plan to address the risk of occupational exposure to SARS-CoV-2; and (B) provide to miners the necessary personal protective equipment, disinfectant, ancillary medical supplies, and other applicable supplies determined necessary by the Secretary to reduce and limit exposure to SARS-CoV-2 in coal or other mines; (2) incorporate guidelines-- (A) issued by the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health, which are designed to prevent the transmission of infectious agents in occupational settings; and (B) from relevant scientific research on novel pathogens; and (3) include a requirement for the recording and reporting of all work-related COVID-19 infections and deaths as set forth in part 50 of title 30, Code of Federal Regulations (as in effect on the date of enactment of this Act). SEC. 3. SURVEILLANCE, TRACKING, AND INVESTIGATION OF MINING-RELATED CASES OF COVID-19. The Secretary of Labor (acting through the Assistant Secretary for Mine Safety and Health), in coordination with the Director of the Centers for Disease Control and Prevention and the Director of the National Institute for Occupational Safety and Health, shall-- (1) collect and analyze case reports and other data on COVID-19 to identify and evaluate the extent, nature, and source of COVID-19 among miners, including the prevalence of and consequences of COVID-19 diagnoses among miners also diagnosed with pneumoconiosis; (2) investigate, as appropriate, individual cases of COVID- 19 among miners to evaluate the source of exposure and adequacy of infectious disease exposure control plans; (3) provide regular periodic reports on COVID-19 among miners to the public; and (4) based on such reports and investigations, make recommendations on needed actions or guidance to protect miners from COVID-19. SEC. 4. DEFINITIONS. The terms used in this Act have the meanings given the terms in section 3 of the Federal Mine Safety and Health Act of 1977 (30 U.S.C. 802). all
H.R. 647 (Introduced in House) - Closing the Loophole on Interstate Firearm Sales Act	https://www.govinfo.gov/content/pkg/BILLS-117hr647ih/html/BILLS-117hr647ih.htm	DOC 117th CONGRESS 1st Session H. R. 647 To prohibit a Federal firearms licensee from transferring a long gun to a person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Crow (for himself, Mr. Raskin, Mr. Hastings, Ms. Norton, Mr. McNerney, Mr. Perlmutter, Mr. Neguse, Ms. DeGette, Mrs. Napolitano, and Mr. Khanna) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit a Federal firearms licensee from transferring a long gun to a person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Closing the Loophole on Interstate Firearm Sales Act''. SEC. 2. EXTENSION TO LONG GUNS OF BAN ON LICENSEE TRANSFER OF FIREARM TO OUT-OF-STATE PERSON. Section 922(b)(3) of title 18, United States Code, is amended by striking ``(A)'' and all that follows through ``(B)''. all
H.R. 648 (Introduced in House) - Ultrasound Informed Consent Act	https://www.govinfo.gov/content/pkg/BILLS-117hr648ih/html/BILLS-117hr648ih.htm	DOC 117th CONGRESS 1st Session H. R. 648 To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Duncan (for himself, Mr. Norman, Mr. Budd, Mr. Joyce of Pennsylvania, Mr. Weber of Texas, Mr. Biggs, Mr. Kustoff, Mr. Grothman, Mr. Mooney, Mr. Kelly of Pennsylvania, Mr. Gohmert, Mr. Mann, Mr. Hice of Georgia, Mr. Babin, Mr. Steube, Mr. Jordan, Mr. Jackson, Ms. Herrell, Mr. Banks, Mr. Allen, Mr. Johnson of Louisiana, Mr. Higgins of Louisiana, Mr. Baird, Mr. Carter of Georgia, Mr. Rose, Mr. Williams of Texas, Mr. Sessions, Mr. Keller, and Mrs. Miller of Illinois) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To ensure that women seeking an abortion receive an ultrasound and the opportunity to review the ultrasound before giving informed consent to receive an abortion. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ultrasound Informed Consent Act''. SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following: ``TITLE XXXIV--INFORMED CONSENT ``SEC. 3401. DEFINITIONS. ``In this title: ``(1) Abortion.--The term `abortion' means the intentional use or prescription of any instrument, medicine, drug, substance, device, or method to terminate the life of an unborn child, or to terminate the pregnancy of a woman known to be pregnant, with an intention other than-- ``(A) to produce a live birth and preserve the life and health of the child after live birth; or ``(B) to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. ``(2) Abortion provider.--The term `abortion provider' means any person legally qualified to perform an abortion under applicable Federal and State laws. ``(3) Unborn child.--The term `unborn child' means a member of the species homo sapiens, at any stage of development prior to birth. ``(4) Unemancipated minor.--The term `unemancipated minor' means a minor who is subject to the control, authority, and supervision of his or her parent or guardian, as determined under State law. ``(5) Woman.--The term `woman' means a female human being whether or not she has reached the age of majority. ``SEC. 3402. REQUIREMENT OF INFORMED CONSENT. ``(a) Requirement of Compliance by Providers.--Any abortion provider in or affecting interstate or foreign commerce, who knowingly performs any abortion, shall comply with the requirements of this title. ``(b) Performance and Review of Ultrasound.--Prior to a woman giving informed consent to having any part of an abortion performed, the abortion provider who is to perform the abortion, or an agent under the supervision of the provider, shall-- ``(1) perform an obstetric ultrasound on the pregnant woman; ``(2) provide a simultaneous explanation of what the ultrasound is depicting; ``(3) display the ultrasound images so that the pregnant woman may view them; and ``(4) provide a complete medical description of the ultrasound images, which shall include all of the following: the dimensions of the embryo or fetus, cardiac activity if present and visible, and the presence of external members and internal organs if present and viewable. ``(c) Ability To Turn Eyes Away.--Nothing in this section shall be construed to prevent a pregnant woman from turning her eyes away from the ultrasound images required to be displayed and described to her. Neither the abortion provider nor the pregnant woman shall be subject to any penalty under this title if the pregnant woman declines to look at the displayed ultrasound images. ``SEC. 3403. EXCEPTION FOR MEDICAL EMERGENCIES. ``(a) Exception.--The provisions of section 3402 shall not apply to an abortion provider if the abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``(b) Certification.--Upon a determination by an abortion provider under subsection (a) that an abortion is necessary to save the life of a mother, such provider shall include in the medical file of the pregnant woman a truthful and accurate certification of the specific medical circumstances that support such determination. ``SEC. 3404. PENALTIES FOR FAILURE TO COMPLY. ``(a) Civil Penalties.-- ``(1) In general.--The Attorney General may commence a civil action in Federal court under this section against any abortion provider who knowingly commits an act constituting a violation of this title for a penalty in an amount not to exceed-- ``(A) $100,000 for each such violation that is adjudicated in the first proceeding against such provider under this title; and ``(B) $250,000 for each violation of this title that is adjudicated in a subsequent proceeding against such provider under this title. ``(2) Notification.--Upon the assessment of a civil penalty under paragraph (1), the Attorney General shall notify the appropriate State medical licensing authority. ``(b) Private Right of Action.--A woman upon whom an abortion has been performed in violation of this title may commence a civil action against the abortion provider for any violation of this title for actual and punitive damages. For purposes of the preceding sentence, actual damages are objectively verifiable money damages for all injuries.''. SEC. 3. PREEMPTION. Nothing in this Act or the amendments made by this Act shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this Act. SEC. 4. SEVERABILITY. If any provision of this Act, or any application thereof, is found to be unconstitutional, the remainder of this Act and any application thereof shall not be affected by such finding. all
H.R. 649 (Introduced in House) - Abby Honold Act	https://www.govinfo.gov/content/pkg/BILLS-117hr649ih/html/BILLS-117hr649ih.htm	DOC 117th CONGRESS 1st Session H. R. 649 To authorize the Office on Violence Against Women to improve the handling of crimes of domestic violence, dating violence, sexual assault, and stalking by incorporating a trauma-informed approach into the initial response to and investigation of such crimes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Emmer (for himself, Ms. Kuster, Ms. Jayapal, Mr. Hagedorn, Mrs. Fischbach, Ms. Omar, Ms. McCollum, Mr. Phillips, Ms. Craig, Mr. Rodney Davis of Illinois, Ms. Wasserman Schultz, Mrs. Lesko, Mr. Stanton, Mr. Van Drew, Mr. Ryan, and Mr. Stauber) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To authorize the Office on Violence Against Women to improve the handling of crimes of domestic violence, dating violence, sexual assault, and stalking by incorporating a trauma-informed approach into the initial response to and investigation of such crimes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Abby Honold Act''. SEC. 2. DEMONSTRATION PROGRAM ON TRAUMA-INFORMED TRAINING FOR LAW ENFORCEMENT. (a) Definitions.--In this section-- (1) the term ``Attorney General'' means the Attorney General, acting through the Director of the Office on Violence Against Women; (2) the term ``covered individual'' means an individual who interfaces with victims of domestic violence, dating violence, sexual assault, and stalking, including-- (A) an individual working for or on behalf of an eligible entity; (B) a school or university administrator; and (C) an emergency services or medical employee; (3) the term ``demonstration site'', with respect to an eligible entity that receives a grant under this section, means-- (A) if the eligible entity is a law enforcement agency described in paragraph (4)(A), the area over which the eligible entity has jurisdiction; and (B) if the eligible entity is an organization or agency described in paragraph (4)(B), the area over which a law enforcement agency described in paragraph (4)(A) that is working in collaboration with the eligible entity has jurisdiction; and (4) the term ``eligible entity'' means-- (A) a State, local, territorial, or Tribal law enforcement agency; or (B) a national, regional, or local victim services organization or agency working in collaboration with a law enforcement agency described in subparagraph (A). (b) Grants Authorized.-- (1) In general.--The Attorney General shall award grants on a competitive basis to eligible entities to carry out the demonstration program under this section by implementing evidence-based or promising policies and practices to incorporate trauma-informed techniques designed to-- (A) prevent re-traumatization of the victim; (B) ensure that covered individuals use evidence- based practices to respond to and investigate cases of domestic violence, dating violence, sexual assault, and stalking; (C) improve communication between victims and law enforcement officers in an effort to increase the likelihood of the successful investigation and prosecution of the reported crime in a manner that protects the victim to the greatest extent possible; (D) increase collaboration among stakeholders who are part of the coordinated community response to domestic violence, dating violence, sexual assault, and stalking; and (E) evaluate the effectiveness of the training process and content by measuring-- (i) investigative and prosecutorial practices and outcomes; and (ii) the well-being of victims and their satisfaction with the criminal justice process. (2) Term.--The Attorney General shall make grants under this section for each of the first 2 fiscal years beginning after the date of enactment of this Act. (3) Award basis.--The Attorney General shall award grants under this section to multiple eligible entities for use in a variety of settings and communities, including-- (A) urban, suburban, Tribal, remote, and rural areas; (B) college campuses; or (C) traditionally underserved communities. (c) Use of Funds.--An eligible entity that receives a grant under this section shall use the grant to-- (1) train covered individuals within the demonstration site of the eligible entity to use evidence-based, trauma-informed techniques and knowledge of crime victims' rights throughout an investigation into domestic violence, dating violence, sexual assault, or stalking, including by-- (A) conducting victim interviews in a manner that-- (i) elicits valuable information about the domestic violence, dating violence, sexual assault, or stalking; and (ii) avoids re-traumatization of the victim; (B) conducting field investigations that mirror best and promising practices available at the time of the investigation; (C) customizing investigative approaches to ensure a culturally and linguistically appropriate approach to the community being served; (D) becoming proficient in understanding and responding to complex cases, including cases of domestic violence, dating violence, sexual assault, or stalking-- (i) facilitated by alcohol or drugs; (ii) involving strangulation; (iii) committed by a non-stranger; (iv) committed by an individual of the same sex as the victim; (v) involving a victim with a disability; (vi) involving a male victim; or (vii) involving a lesbian, gay, bisexual, or transgender (commonly referred to as ``LGBT'') victim; (E) developing collaborative relationships between-- (i) law enforcement officers and other members of the response team; and (ii) the community being served; and (F) developing an understanding of how to define, identify, and correctly classify a report of domestic violence, dating violence, sexual assault, or stalking; and (2) promote the efforts of the eligible entity to improve the response of covered individuals to domestic violence, dating violence, sexual assault, and stalking through various communication channels, such as the website of the eligible entity, social media, print materials, and community meetings, in order to ensure that all covered individuals within the demonstration site of the eligible entity are aware of those efforts and included in trainings, to the extent practicable. (d) Demonstration Program Trainings on Trauma-Informed Approaches.-- (1) Identification of existing trainings.-- (A) In general.--The Attorney General shall identify trainings for law enforcement officers, in existence as of the date on which the Attorney General begins to solicit applications for grants under this section, that-- (i) employ a trauma-informed approach to domestic violence, dating violence, sexual assault, and stalking; and (ii) focus on the fundamentals of-- (I) trauma responses; and (II) the impact of trauma on victims of domestic violence, dating violence, sexual assault, and stalking. (B) Selection.--An eligible entity that receives a grant under this section shall select one or more of the approaches employed by a training identified under subparagraph (A) to test within the demonstration site of the eligible entity. (2) Consultation.--In carrying out paragraph (1), the Attorney General shall consult with the Director of the Office for Victims of Crime in order to seek input from and cultivate consensus among outside practitioners and other stakeholders through facilitated discussions and focus groups on best practices in the field of trauma-informed care for victims of domestic violence, dating violence, sexual assault, and stalking. (e) Evaluation.--The Attorney General, in consultation with the Director of the National Institute of Justice, shall require each eligible entity that receives a grant under this section to identify a research partner, preferably a local research partner, to-- (1) design a system for generating and collecting the appropriate data to facilitate an independent process or impact evaluation of the use of the grant funds; (2) periodically conduct an evaluation described in paragraph (1); and (3) periodically make publicly available, during the grant period-- (A) preliminary results of the evaluations conducted under paragraph (2); and (B) recommendations for improving the use of the grant funds. (f) Authorization of Appropriations.--The Attorney General shall carry out this section using amounts otherwise available to the Attorney General. (g) Rule of Construction.--Nothing in this Act shall be construed to interfere with the due process rights of any individual. all
H.R. 64 (Introduced in House) - Protection from Obamacare Mandates and Congressional Equity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr64ih/html/BILLS-117hr64ih.htm	DOC 117th CONGRESS 1st Session H. R. 64 To amend the Internal Revenue Code of 1986 to provide an exemption to the individual mandate to maintain health coverage for individuals residing in counties with fewer than 2 health insurance issuers offering plans on an Exchange; to require Members of Congress and congressional staff to abide by the Patient Protection and Affordable Care Act with respect to health insurance coverage; and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Biggs introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, House Administration, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide an exemption to the individual mandate to maintain health coverage for individuals residing in counties with fewer than 2 health insurance issuers offering plans on an Exchange; to require Members of Congress and congressional staff to abide by the Patient Protection and Affordable Care Act with respect to health insurance coverage; and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection from Obamacare Mandates and Congressional Equity Act''. SEC. 2. MODIFICATIONS TO EXEMPTION FROM REQUIREMENT TO MAINTAIN HEALTH COVERAGE. (a) Exemption for Individuals in Areas With Fewer Than 2 Issuers Offering Plans on an Exchange.--Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Individuals in areas with fewer than 2 issuers offering plans on an exchange.-- ``(A) In general.--Any applicable individual for any period during a calendar year if there are fewer than 2 health insurance issuers offering qualified health plans on an Exchange for such period in the county in which the applicable individual resides. ``(B) Aggregation rules.--For purposes of subparagraph (A), all health insurance issuers treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single health insurance issuer.''. (b) Effective Date.--The amendments made by this section shall apply to months beginning after the date of the enactment of this Act. SEC. 3. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) by striking the subparagraph heading and inserting the following: ``(D) Members of congress, congressional staff, and political appointees in the exchange.--''; (2) in clause (i), in the matter preceding subclause (I)-- (A) by striking ``and congressional staff with'' and inserting ``, congressional staff, the President, the Vice President, and political appointees with''; and (B) by striking ``or congressional staff shall'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee shall''; (3) in clause (ii)-- (A) in subclause (II), by inserting after ``Congress,'' the following: ``of a committee of Congress, or of a leadership office of Congress,''; and (B) by adding at the end the following: ``(III) Political appointee.--The term `political appointee' means any individual who-- ``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(cc) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''; and (4) by adding at the end the following: ``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. ``(iv) Limitation on amount of tax credit or cost sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. ``(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange. ``(vi) Clarification.--The terms `small employer' (as defined under section 1304(b)(2)) and `qualified employers' (as defined under subsection (f)) do not include the Congress, with respect to enrollments in an Exchange and a SHOP Exchange.''. all
H.R. 650 (Introduced in House) - Senior abuse Training and Offense Prevention Act	https://www.govinfo.gov/content/pkg/BILLS-117hr650ih/html/BILLS-117hr650ih.htm	DOC 117th CONGRESS 1st Session H. R. 650 To direct the Attorney General to award grants to eligible entities for first responders who handle elder justice-related matters, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Emmer introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To direct the Attorney General to award grants to eligible entities for first responders who handle elder justice-related matters, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior abuse Training and Offense Prevention Act'' or the ``STOP Act''. SEC. 2. SUPPORTING LAW ENFORCEMENT IN ELDER JUSTICE MATTERS. (a) In General.--The Attorney General, after consultation with the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service, shall award grants to eligible entities, on a competitive basis, to provide training, technical assistance, multidisciplinary coordination, policy development, and other types of support to police, sheriffs, detectives, public safety officers, corrections personnel, and other first responders who handle elder justice-related matters, to fund specially designated elder justice positions or units designed to support first responders in elder justice matters. (b) Definitions.--In this section: (1) Elder.--The term ``elder'' means an individual age 60 or older. (2) Elder justice.--The term ``elder justice'' means-- (A) efforts to-- (i) prevent, detect, threat, intervene in, and prosecute elder abuse, neglect, and exploitation; and (ii) protect elders with diminished capacity while maximizing their autonomy; and (B) the recognition of an elder's rights, including the right to be free of abuse, neglect, and exploitation. (3) Eligible entity.--The term ``eligible entity'' means a State or local government agency, Indian tribe or tribal organization, or any other public or nonprofit private entity that is engaged in and has expertise in issues relating to elder justice or a field necessary to promote elder justice efforts. SEC. 3. EVALUATION; APPLICATIONS. (a) Evaluation.--In carrying out the grant program under this Act, the Attorney General shall-- (1) require each recipient of a grant to use a portion of the funds made available through the grant to conduct a validated evaluation of the effectiveness of the activities carried out through the grant by such recipient; or (2) as the Attorney General considers appropriate, use a portion of the funds available under this Act for a grant program under this Act to provide assistance to an eligible entity to conduct a validated evaluation of the effectiveness of the activities carried out through such grant program by each of the grant recipients. (b) Applications.-- (1) Submission.--To be eligible to receive a grant under this Act, an entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, which shall include-- (A) a proposal for the evaluation required in accordance with subsection (a)(1); and (B) the amount of assistance under subsection (a)(2) the entity is requesting, if any. (2) Review and assistance.-- (A) In general.--An employee of the Department of Justice, after consultation with an employee of the Department of Health and Human Services with expertise in evaluation methodology, shall review each application described in subsection (b) and determine whether the methodology described in the proposal under paragraph (1)(A) is adequate to gather meaningful information. (B) Denial.--If the reviewing employee determines the methodology described in such proposal is inadequate, the reviewing employee shall recommend that the Attorney General deny the application for the grant, or make recommendations for how the application should be modified. (C) Notice to applicant.--If the Attorney General denies the application on the basis of such proposal, the Attorney General shall inform the applicant of the reasons the application was denied, and offer assistance to the applicant in modifying the proposal. all
H.R. 651 (Introduced in House) - Public Health Emergency Privacy Act	https://www.govinfo.gov/content/pkg/BILLS-117hr651ih/html/BILLS-117hr651ih.htm	DOC 117th CONGRESS 1st Session H. R. 651 To protect the privacy of health information during a national health emergency. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Eshoo (for herself, Ms. Schakowsky, Ms. DelBene, Mr. Beyer, Mr. McNerney, Ms. Barragan, Mr. Pocan, Mr. Rush, Mr. Welch, Ms. Scanlon, Ms. Matsui, Mr. Lieu, Mr. DeSaulnier, Mrs. Hayes, Mr. Khanna, Mr. Garcia of Illinois, Mr. Lynch, Mr. Grijalva, Ms. Lee of California, Mrs. Dingell, Mr. DeFazio, Mr. Johnson of Georgia, and Ms. Porter) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To protect the privacy of health information during a national health emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Health Emergency Privacy Act''. SEC. 2. DEFINITIONS. In this Act: (1) Affirmative express consent.--The term ``affirmative express consent'' means an affirmative act by an individual that-- (A) clearly and conspicuously communicates the individual's authorization of an act or practice; (B) is made in the absence of any mechanism in the user interface that has the purpose or substantial effect of obscuring, subverting, or impairing decision making or choice to obtain consent; and (C) cannot be inferred from inaction. (2) Collect.--The term ``collect'', with respect to emergency health data, means obtaining in any manner by a covered organization. (3) Commission.--The term ``Commission'' means the Federal Trade Commission. (4) Covered organization.-- (A) In general.--The term ``covered organization'' means any person (including a government entity)-- (i) that collects, uses, or discloses emergency health data electronically or through communication by wire or radio; or (ii) that develops or operates a website, web application, mobile application, mobile operating system feature, or smart device application for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID-19 public health emergency. (B) Exclusions.--The term ``covered organization'' does not include-- (i) a health care provider; (ii) a person engaged in a de minimis collection or processing of emergency health data; (iii) a service provider; (iv) a person acting in their individual or household capacity; or (v) a public health authority. (5) Demographic data.--The term ``demographic data'' means information relating to the actual or perceived race, color, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, Tribal affiliation, disability, domicile, employment status, familial status, immigration status, or veteran status of an individual or group of individuals. (6) Device.--The term ``device'' means any electronic equipment that is primarily designed for or marketed to consumers. (7) Disclosure.--The term ``disclosure'', with respect to emergency health data, means the releasing, transferring, selling, providing access to, licensing, or divulging in any manner by a covered organization to a third party. (8) Emergency health data.--The term ``emergency health data'' means data linked or reasonably linkable to an individual or device, including data inferred or derived about the individual or device from other collected data provided such data is still linked or reasonably linkable to the individual or device, that concerns the public COVID-19 health emergency. Such data includes-- (A) information that reveals the past, present, or future physical or behavioral health or condition of, or provision of healthcare to, an individual, including-- (i) data derived from the testing or examination of a body part or bodily substance, or a request for such testing; (ii) whether or not an individual has contracted or been tested for, or an estimate of the likelihood that a particular individual may contract, such disease or disorder; and (iii) genetic data, biological samples, and biometrics; and (B) other data collected in conjunction with other emergency health data or for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID-19 public health emergency, including-- (i) geolocation data, when such term means data capable of determining the past or present precise physical location of an individual at a specific point in time, taking account of population densities, including cell-site location information, triangulation data derived from nearby wireless or radio frequency networks, and global positioning system data; (ii) proximity data, when such term means information that identifies or estimates the past or present physical proximity of one individual or device to another, including information derived from Bluetooth, audio signatures, nearby wireless networks, and near- field communications; (iii) demographic data; (iv) contact information for identifiable individuals or a history of the individual's contacts over a period of time, such as an address book or call log; and (v) any other data collected from a personal device. (9) Government entity.--The term ``government entity'' includes a Federal agency, a State, a local government, and other organizations, as such terms are defined in section 3371 of title 5, United States Code. (10) Health care provider.--The term ``health care provider'' has the meaning given the term ``eligible health care provider'' in title VIII of division B the CARES Act (Public Law 116-136). (11) HIPAA regulations.--The term ``HIPAA regulations'' means parts 160 and 164 of title 45, Code of Federal Regulations. (12) Public health authority.--The term ``public health authority'' means an entity that is authorized by law to collect or receive information for the purpose of preventing or controlling disease, injury, or disability including, but not limited to, the reporting of disease, injury, vital events such as birth or death, and the conduct of public health surveillance, public health investigations, and public health interventions, and a person, such as a designated agency or associate, acting under a grant of authority from, or under a contract with, such public entity, including the employees or agents of such entity or its contractors or persons or entities to whom it has granted authority. (13) COVID-19 public health emergency.--The term ``COVID-19 public health emergency'' means the outbreak and public health response pertaining to Coronavirus Disease 2019 (COVID-19), associated with the emergency declared by the Secretary on January 31, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), and any renewals thereof and any subsequent declarations by the Secretary related to the coronavirus. (14) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (15) Service provider.-- (A) In general.--The term ``service provider'' means a person that collects, uses, or discloses emergency health data for the sole purpose of, and only to the extent that such entity is, conducting business activities on behalf of, for the benefit of, under instruction of, and under contractual agreement with a covered organization. (B) Limitation of application.--Such person shall only be considered a service provider in the course of activities described in subparagraph (A). (C) Exclusions.--The term ``service provider'' excludes a person that develops or operates a website, web application, mobile application, or smart device application for the purpose of tracking, screening, monitoring, contact tracing, or mitigation, or otherwise responding to the COVID-19 public health emergency. (16) State.--The term ``State'' means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. (17) Third party.-- (A) In general.--The term ``third party'' means, with respect to a covered organization-- (i) another person to whom such covered organization disclosed emergency health data; and (ii) a corporate affiliate or a related party of the covered organization that does not have a direct relationship with an individual with whom the emergency health data is linked or is reasonably linkable. (B) Exclusion.--The term ``third party'' excludes, with respect to a covered organization-- (i) a service provider of such covered organization; or (ii) a public health authority. (18) Use.--The term ``use'', with respect to emergency health data, means the processing, employment, application, utilization, examination, or analysis of such data by a covered organization that maintains such data. SEC. 3. PROTECTING THE PRIVACY AND SECURITY OF EMERGENCY HEALTH DATA. (a) Right to Privacy.--A covered organization that collects emergency health data shall-- (1) only collect, use, or disclose such data that is necessary, proportionate, and limited for a good faith public health purpose, including a service or feature to support such a purpose; (2) take reasonable measures, where possible, to ensure the accuracy of emergency health data and provide an effective mechanism for an individual to correct inaccurate information; (3) adopt reasonable safeguards to prevent unlawful discrimination on the basis of emergency health data; and (4) only disclose such data to a government entity when the disclosure-- (A) is to a public health authority; and (B) is made solely for good faith public health purposes and in direct response to exigent circumstances. (b) Right to Security.--A covered organization or service provider that collects, uses, or discloses emergency health data shall establish and implement reasonable data security policies, practices, and procedures to protect the security and confidentiality of emergency health data. (c) Prohibited Uses.--A covered organization shall not collect, use, or disclose emergency health data for any purpose not authorized under this section, including-- (1) commercial advertising, recommendation for e-commerce, or the training of machine-learning algorithms related to, or subsequently for use in, commercial advertising and e-commerce; (2) soliciting, offering, selling, leasing, licensing, renting, advertising, marketing, or otherwise commercially contracting for employment, finance, credit, insurance, housing, or education opportunities in a manner that discriminates or otherwise makes opportunities unavailable on the basis of emergency health data; and (3) segregating, discriminating in, or otherwise making unavailable the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation (as such term is defined in section 301 of the Americans With Disabilities Act of 1990 (42 U.S.C. 12181)), except as authorized by a State or Federal Government entity for a public health purpose notwithstanding subsection (g). (d) Consent.-- (1) In general.--It shall be unlawful for a covered organization to collect, use, or disclose emergency health data, unless-- (A) the individual to whom the data pertains has given affirmative express consent to such collection, use, or disclosure; (B) such collection, use, or disclosure is necessary and for the sole purpose of-- (i) protecting against malicious, deceptive, fraudulent, or illegal activity; or (ii) detecting, responding to, or preventing information security incidents or threats; or (C) the covered organization is compelled to do so by a legal obligation. (2) Revocation.-- (A) In general.--A covered organization shall provide an effective mechanism for an individual to revoke consent after it is given. (B) Effect.--After an individual revokes consent, the covered organization shall cease collecting, using, or disclosing the individual's emergency health data as soon as practicable, but in no case later than 15 days after the receipt of the individual's revocation of consent. (C) Destruction.--Not later than 30 days after the receipt of an individual's revocation of consent, a covered organization shall destroy or render not linkable that individual's emergency health data under the same procedures in subsection (f). (e) Notice.--A covered organization that collects, uses, or discloses emergency health data shall provide to an individual a privacy policy that-- (1) is disclosed in a clear and conspicuous manner, in the language in which the individual typically interacts with the covered organization, prior to or at the point of the collection of emergency health data; (2) describes how and for what purposes the covered organization collects, uses, and discloses emergency health data, including the categories of recipients to whom it discloses data and the purpose of disclosure for each category; (3) describes the covered organization's data retention and data security policies and practices for emergency health data; and (4) describes how an individual may exercise the rights under this Act and how to contact the Commission to file a complaint. (f) Public Reporting.-- (1) In general.--A covered organization that collects, uses, or discloses emergency health data of at least 100,000 individuals shall, at least once every 90 days, issue a public report-- (A) stating in aggregate terms the number of individuals whose emergency health data the covered organization collected, used, or disclosed to the extent practicable; and (B) describing the categories of emergency health data collected, used, or disclosed, the purposes for which each such category of emergency health data was collected, used, or disclosed, and the categories of third parties to whom it was disclosed. (2) Rules of construction.--Nothing in this subsection shall be construed to require a covered organization to-- (A) take an action that would convert data that is not emergency health data into emergency health data; (B) collect or maintain emergency health data that the covered organization would otherwise not maintain; or (C) maintain emergency health data longer than the covered organization would otherwise maintain such data. (g) Required Data Destruction.-- (1) In general.--A covered organization may not use or maintain emergency health data of an individual after the later of-- (A) the date that is 60 days after the termination of the public health emergency declared by the Secretary on January 31, 2020, pertaining to Coronavirus Disease 2019 (COVID-19) under section 319 of Public Health Service Act (42 U.S.C. 247d) and any renewals thereof; (B) the date that is 60 days after the termination of a public health emergency declared by a governor or chief executive of a State pertaining to Coronavirus Disease 2019 (COVID-19) in which the individual resides; or (C) 60 days after collection. (2) Requirement.--For the requirements under paragraph (1), data shall be destroyed or rendered not linkable in such a manner that it is impossible or demonstrably impracticable to identify any individual from the data. (3) Relation to certain requirements.--The provisions of this subsection shall not supersede any requirements or authorizations under-- (A) the Privacy Act of 1974 (Public Law 93-79); (B) the HIPAA regulations; or (C) Federal or State medical records retention and health privacy laws or regulations, or other applicable Federal or State laws. (h) Emergency Data Collected, Used, or Disclosed Before Enactment.-- (1) Initiating a rulemaking.--Not later than 7 days after the date of enactment of this Act, the Commission shall initiate a public rulemaking to promulgate regulations to ensure a covered organization that has collected, used, or disclosed emergency health data before the date of enactment of this Act is in compliance with this Act, to the degree practicable. (2) Completing a rulemaking.--The Commission shall complete the rulemaking within 45 days after the date of enactment of this Act. (i) Non-Application to Manual Contact Tracing and Case Investigation.--Nothing in this Act shall be construed to limit or prohibit a public health authority from administering programs or activities to identify individuals who have contracted, or may have been exposed to, COVID-19 through interviews, outreach, case investigation, and other recognized investigatory measures by a public health authority or their designated agent intended to monitor and mitigate the transmission of a disease or disorder. (j) Research and Development.--This section shall not be construed to prohibit-- (1) public health or scientific research associated with the COVID-19 public health emergency by-- (A) a public health authority; (B) a nonprofit organization, as described in section 501(c)(3) of the Internal Revenue Code of 1986; or (C) an institution of higher education, as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); or (2) research, development, manufacture, or distribution of a drug, biological product, or vaccine that relates to a disease or disorder that is associated or potentially associated with a public health emergency. (k) Legal Requirements.--Notwithstanding subsection (a)(5), nothing in this Act shall be construed to prohibit a good faith response to, or compliance with, otherwise valid subpoenas, court orders, or other legal processes, or to prohibit storage or providing information as otherwise required by law. (l) Application to HIPAA Covered Entities.-- (1) In general.--This Act does not apply to a ``covered entity'' or a person acting as a ``business associate'' under the HIPAA regulations (to the extent that such entities or associates are acting in such capacity) or any health care provider. (2) Guidance for consistency.--Not later than 30 days after the date of enactment of this Act, the Secretary shall promulgate guidance on the applicability of requirements, similar to those in this section to ``covered entities'' and persons acting as ``business associates'' under the HIPAA regulations. In promulgating such guidance, the Secretary shall reduce duplication of requirements and may exclude a requirement of this section if such requirement is already a requirement of the HIPAA regulations. SEC. 4. PROTECTING THE RIGHT TO VOTE. (a) In General.--A government entity may not, and a covered organization may not knowingly facilitate, on the basis of an individual's emergency health data, medical condition, or participation or non-participation in a program to collect emergency health data-- (1) deny, restrict, or interfere with the right to vote in a Federal, State, or local election; (2) attempt to deny, restrict, or interfere with the right to vote in a Federal, State, or local election; or (3) retaliate against an individual for voting in a Federal, State, or local election. (b) Civil Action.--In the case of any violation of subsection (a), an individual may bring a civil action to obtain appropriate relief against a government entity in a Federal district court. SEC. 5. REPORTS ON CIVIL RIGHTS IMPACTS. (a) Report Required.--The Secretary, in consultation with the United States Commission on Civil Rights and the Commission, shall prepare and submit to Congress reports that examines the civil rights impact of the collection, use, and disclosure of health information in response to the COVID-19 public health emergency. (b) Scope of Report.--Each report required under subsection (a) shall, at a minimum-- (1) evaluate the impact of such practices on civil rights and protections for individuals based on race, color, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, age, Tribal affiliation, disability, domicile, employment status, familial status, immigration status, or veteran status; (2) analyze the impact, risks, costs, legal considerations, disparate impacts, and other implications to civil rights of policies to incentivize or require the adoption of digital tools or apps used for contact tracing, exposure notification, or health monitoring; and (3) include recommendations on preventing and addressing undue or disparate impact, segregation, discrimination, or infringements of civil rights in the collection and use of health information, including during a national health emergency. (c) Timing.-- (1) Initial report.--The Secretary shall submit an initial report under subsection (a) not sooner than 9 months, and not later than 12 months after the date of enactment of this Act. (2) Subsequent reports.--The Secretary shall submit reports annually after the initial report required under paragraph (1) until 1 year after the termination of any public health emergency pertaining to Coronavirus Disease 2019 (COVID-19) under section 319 of Public Health Service Act (42 U.S.C. 247d). SEC. 6. ENFORCEMENT. (a) Federal Trade Commission.-- (1) Unfair or deceptive acts or practices.--A violation of this Act or a regulation promulgated under this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission.--The Commission shall enforce this Act and the regulations promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Provided, however, that, notwithstanding the requirements of section 16(a) of the Federal Trade Commission Act (15 U.S.C. 56(a)), the Commission shall have the exclusive authority to commence or defend, and supervise the litigation of, any action for a violation of this Act or a regulation promulgated under this Act and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, without first referring the matter to the Attorney General. (3) Rulemaking authority.-- (A) In general.--The Commission shall have authority under section 553 of title 5, United States Code, to promulgate any regulations necessary to implement this Act. (B) Consultation.--In promulgating any regulations under this Act, the Commission shall consult with the Secretary. (4) Common carriers and nonprofit organizations.-- Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44; 45(a)(2); 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in paragraphs (1) and (2) of this paragraph, with respect to-- (A) common carriers subject to the Acts to regulate commerce, air carriers, and foreign air carriers subject to part A of subtitle VII of title 49, and persons, partnerships, or corporations insofar as they are subject to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), except as provided in section 406(b) of such Act (7 U.S.C. 227(b)); and (B) organizations not organized to carry on business for their own profit or that of their members. (b) Enforcement by States.-- (1) In general.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to this Act in a practice that violates such subsection, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of the federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the federal trade commission.-- The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening-- (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (C) Investigatory powers.--Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (3) Action by the federal trade commission.--If the Commission institutes a civil action with respect to a violation of this Act, the attorney general of a State may not, during the pendency of such action, bring a civil action under paragraph (1) of this subsection against any defendant named in the complaint of the Commission for the violation with respect to which the Commission instituted such action. (4) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (C) Actions by other state officials.-- (i) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (ii) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (c) Private Right of Action.-- (1) Enforcement by individuals.-- (A) In general.--Any individual alleging a violation of this Act may bring a civil action in any court of competent jurisdiction, State or Federal. (B) Relief.--In a civil action brought under paragraph (1) in which the plaintiff prevails, the court may award-- (i) an amount not less than $100 and not greater than $1,000 per violation against any person who negligently violates a provision of this Act; (ii) an amount not less than $500 and not greater than $5,000 per violation against any person who recklessly, willfully, or intentionally violates a provision of this Act; (iii) reasonable attorney's fees and litigation costs; and (iv) any other relief, including equitable or declaratory relief, that the court determines appropriate. (C) Injury in fact.--A violation of this Act with respect to the emergency health data of an individual constitutes a concrete and particularized injury in fact to that individual. (2) Invalidity of pre-dispute arbitration agreements and pre-dispute joint action waivers.-- (A) In general.--Notwithstanding any other provision of law, no pre-dispute arbitration agreement or pre-dispute joint action waiver shall be valid or enforceable with respect to a dispute arising under this Act. (B) Applicability.--Any determination as to whether or how this subsection applies to any dispute shall be made by a court, rather than an arbitrator, without regard to whether such agreement purports to delegate such determination to an arbitrator. (C) Definitions.--In this subsection: (i) The term ``pre-dispute arbitration agreement'' means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement. (ii) The term ``pre-dispute joint-action waiver'' means an agreement, whether or not part of a pre-dispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administration, or other forum, concerning a dispute that has not yet arisen at the time of making the agreement. (iii) The term ``dispute'' means any claim related to an alleged violation of this Act and between an individual and a covered organization. SEC. 7. NONPREEMPTION. Nothing in this Act shall preempt or supersede, or be interpreted to preempt or supersede, any Federal or State law or regulation, or limit the authority of the Commission or the Secretary under any other provision of law. SEC. 8. EFFECTIVE DATE. (a) In General.--This Act shall apply beginning on the date that is 30 days after the date of enactment of this Act. (b) Authority To Promulgate Regulations and Take Certain Other Actions.--Nothing in subsection (a) affects-- (1) the authority of any person to take an action expressly required by a provision of this Act before the effective date described in such subsection; or (2) the authority of the Commission to promulgate regulations to implement this Act or begin a rulemaking to promulgate such regulations. all
H.R. 652 (Introduced in House) - Research Advancing to Market Production for Innovators Act	https://www.govinfo.gov/content/pkg/BILLS-117hr652ih/html/BILLS-117hr652ih.htm	DOC 117th CONGRESS 1st Session H. R. 652 To improve commercialization activities in the SBIR and STTR programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Houlahan (for herself and Mr. Balderson) introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committees on Science, Space, and Technology, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To improve commercialization activities in the SBIR and STTR programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Research Advancing to Market Production for Innovators Act''. SEC. 2. IMPROVEMENTS TO COMMERCIALIZATION SELECTION. (a) In General.--Section 9 of the Small Business Act (15 U.S.C. 638) is amended-- (1) in subsection (g)-- (A) in paragraph (4)(B)(i), by striking ``1 year'' and inserting ``180 days''; (B) in paragraph (11), by striking ``and'' at the end; (C) in paragraph (12), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(13) with respect to peer review carried out under the SBIR program, to the extent practicable, include in the peer review-- ``(A) the likelihood of commercialization in addition to scientific and technical merit and feasibility; and ``(B) not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization.''; (2) in subsection (o)-- (A) in paragraph (4)(B)(i), by striking ``1 year'' and inserting ``180 days''; (B) in paragraph (15), by striking ``and'' at the end; (C) in paragraph (16), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(17) with respect to peer review carried out under the STTR program, to the extent practicable, include in the peer review-- ``(A) the likelihood of commercialization in addition to scientific and technical merit and feasibility; and ``(B) not less than 1 reviewer with commercialization expertise who is capable of assessing the likelihood of commercialization.''; (3) in subsection (cc)-- (A) by striking ``During fiscal years 2012 through 2022, the National Institutes of Health, the Department of Defense, and the Department of Education'' and inserting the following: ``(1) In general.--During fiscal years 2022 through 2027, each Federal agency with an SBIR or STTR program''; and (B) by adding at the end the following: ``(2) Limitation.--The total value of awards provided by a Federal agency under this subsection in a fiscal year shall be-- ``(A) except as provided in subparagraph (B), not more than 10 percent of the total funds allocated to the SBIR and STTR programs of the Federal agency during that fiscal year; and ``(B) with respect to the National Institutes of Health, not more than 15 percent of the total funds allocated to the SBIR and STTR programs of the National Institutes of Health during that fiscal year. ``(3) Extension.--During fiscal years 2023 and 2024, each Federal agency with an SBIR or STTR program may continue phase flexibility as described in this subsection only if the reports required under subsection (tt)(1)(B) have been submitted to the appropriate committees.''; (4) in subsection (hh)(2)(A)(i), by inserting ``application process and requirements'' after ``simplified and standardized''; and (5) by adding at the end the following: ``(vv) Technology Commercialization Official.--Each Federal agency participating in the SBIR or STTR program shall designate a Technology Commercialization Official in the Federal agency, who shall-- ``(1) have sufficient commercialization experience; ``(2) provide assistance to SBIR and STTR program awardees in commercializing and transitioning technologies; ``(3) identify SBIR and STTR program technologies with sufficient technology and commercialization readiness to advance to Phase III awards or other non-SBIR or STTR program contracts; ``(4) coordinate with the Technology Commercialization Officials of other Federal agencies to identify additional markets and commercialization pathways for promising SBIR and STTR program technologies; ``(5) submit to the Administration an annual report on the number of technologies from the SBIR or STTR program that have advanced commercialization activities, including information required in the commercialization impact assessment under subsection (xx); ``(6) submit to the Administration an annual report on actions taken by the Federal agency, and the results of those actions, to simplify, standardize, and expedite the application process and requirements, procedures, and contracts as required under subsection (hh) and described in subsection (xx)(E); and ``(7) carry out such other duties as the Federal agency determines necessary.''. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives summarizing the metrics relating to and an evaluation of the authority provided under section 9(cc) of the Small Business Act, as amended by subsection (a), which shall include the size and location of the small business concerns receiving awards under the SBIR or STTR program. SEC. 3. IMPROVEMENTS TO TECHNICAL AND BUSINESS ASSISTANCE; COMMERCIALIZATION IMPACT ASSESSMENT; PATENT ASSISTANCE. Section 9 of the Small Business Act (15 U.S.C. 638), as amended by section 2, is amended-- (1) in subsection (q)-- (A) in paragraph (1), in the matter preceding subparagraph (A)-- (i) by striking ``may enter into an agreement with 1 or more vendors selected under paragraph (2)(A)'' and inserting ``shall authorize recipients of awards under the SBIR or STTR program to select, if desired, commercialization activities provided under subparagraph (A), (B), or (C) of paragraph (2)''; and (ii) by inserting ``, cybersecurity assistance'' after ``intellectual property protections''; (B) in paragraph (2), by adding at the end the following: ``(C) Staff.--A small business concern may, by contract or otherwise, use funding provided under this section to hire new staff, augment staff, or direct staff to conduct or participate in training activities consistent with the goals listed in paragraph (1).''; (C) in paragraph (3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) Phase i.--A Federal agency described in paragraph (1) shall authorize a recipient of a Phase I SBIR or STTR award to utilize not more than $6,500 per project, included as part of the award of the recipient or in addition to the amount of the award of the recipient as determined appropriate by the head of the Federal agency, for the services described in paragraph (1)-- ``(i) provided through a vendor selected under paragraph (2)(A); ``(ii) provided through a vendor other than a vendor selected under paragraph (2)(A); ``(iii) achieved through the activities described in paragraph (2)(C); or ``(iv) provided or achieved through any combination of clauses (i), (ii), and (iii). ``(B) Phase ii.--A Federal agency described in paragraph (1) shall authorize a recipient of a Phase II SBIR or STTR award to utilize not more than $50,000 per project, included as part of the award of the recipient or in addition to the amount of the award of the recipient as determined appropriate by the head of the Federal agency, for the services described in paragraph (1)-- ``(i) provided through a vendor selected under paragraph (2)(A); ``(ii) provided through a vendor other than a vendor selected under paragraph (2)(A); ``(iii) achieved through the activities described in paragraph (2)(C); or ``(iv) provided or achieved through any combination of clauses (i), (ii), and (iii).''; and (D) by adding at the end the following: ``(5) Targeted review.--A Federal agency may perform targeted reviews of technical and business assistance funding as described in subsection (mm)(1)(F).''; and (2) by adding at the end the following: ``(ww) I-Corps Participation.-- ``(1) In general.--Each Federal agency that is required to conduct an SBIR or STTR program with an Innovation Corps (commonly known as `I-Corps') program shall-- ``(A) provide an option for participation in an I- Corps teams course by recipients of an award under the SBIR or STTR program; and ``(B) authorize the recipients described in subparagraph (A) to use an award provided under subsection (q) to provide additional technical assistance for participation in the I-Corps teams course. ``(2) Cost of participation.--The cost of participation by a recipient described in paragraph (1)(A) in an I-Corps course may be provided by-- ``(A) an I-Corps team grant; ``(B) funds awarded to the recipient under subsection (q); ``(C) the participating teams or other sources as appropriate; or ``(D) any combination of sources described in subparagraphs (A), (B), and (C). ``(xx) Commercialization Impact Assessment.-- ``(1) In general.--The Administrator shall coordinate with each Federal agency with an SBIR or STTR program to develop an annual commercialization impact assessment report of the Federal agency, which shall measure, for the 5-year period preceding the report-- ``(A) for Phase II contracts-- ``(i) the total amount of sales of new products and services to the Federal Government or other commercial markets; ``(ii) the total outside investment from partnerships, joint ventures, or other private sector funding sources; ``(iii) the total number of technologies licensed to other companies; ``(iv) the total number of acquisitions of small business concerns participating in the SBIR program or the STTR program that are acquired by other entities; ``(v) the total number of new spin-out companies; ``(vi) the total outside investment from venture capital or angel investments; ``(vii) the total number of patent applications; ``(viii) the total number of patents acquired; ``(ix) the year of first Phase I award and the total number of employees at time of first Phase I award; ``(x) the total number of employees from the preceding completed year; and ``(xi) the percent of revenue, as of the date of the report, generated through SBIR or STTR program funding; ``(B) the total number and value of subsequent Phase II awards, as described in subsection (bb), awarded for each particular project or technology; ``(C) the total number and value of Phase III awards awarded subsequent to a Phase II award; ``(D) the total number and value of non-SBIR and STTR program Federal awards and contracts; and ``(E) actions taken by the Federal agency, and the results of those actions, relating to developing a simplified and standardized application process and requirements, procedures, and model contracts throughout the Federal agency for Phase I, Phase II, and Phase III SBIR program awards in subsection (hh). ``(2) Publication.--A commercialization impact assessment report described in paragraph (1) of a Federal agency shall be-- ``(A) included in the annual report of the Federal agency required under this section; and ``(B) published on the website of the Administration. ``(yy) Patent Assistance.-- ``(1) Definitions.--In this subsection-- ``(A) the term `low bono services' means services provided at a reduced fee; and ``(B) the term `USPTO' means the United States Patent and Trademark Office. ``(2) Assistance.--The Administrator shall enter into an interagency agreement with the USPTO to assist recipients of an award under the SBIR or STTR program (in this paragraph referred to as `SBIR and STTR recipients') relating to intellectual property protection through-- ``(A) track one processing, under which the USPTO may-- ``(i) allocate-- ``(I) not less than 5 percent or 500 track one requests, whichever is greater, per year to SBIR and STTR recipients on a first-come, first- served basis; and ``(II) not more than 2 track one requests to an individual SBIR and STTR recipient, to expedite final disposition on SBIR and STTR program patent applications; and ``(ii) waive the track one fee requirement for SBIR and STTR recipients; and ``(B) through the USPTO Patent Pro Bono Program, providing SBIR and STTR recipients-- ``(i) pro bono services if the recipient-- ``(I) had a total gross income of more than $150,000 but less than $5,000,000 in the preceding calendar year, and expects a total gross income of more than $150,000 but less than $5,000,000 in the current calendar year; ``(II) is not under any obligation to assign the rights to the invention to another entity other than the Federal Government; and ``(III) has not previously received USPTO pro bono or low bono services; or ``(ii) low bono services if the recipient-- ``(I) had a total gross income of more than $5,000,000 but less than $10,000,000 in the preceding calendar year, and expects a total gross income of more than $5,000,000 but less than $10,000,000 in the current calendar year; ``(II) is not under any obligation to assign the rights to the invention to another entity other than the Federal Government; and ``(III) has not previously received USPTO pro bono or low bono services. ``(3) Outreach.--The Administrator shall coordinate with the USPTO to provide outreach regarding the pro se assistance program and scam prevention services of the USPTO.''. all
H.R. 653 (Introduced in House) - West Coast Ocean Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr653ih/html/BILLS-117hr653ih.htm	DOC 117th CONGRESS 1st Session H. R. 653 To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Huffman (for himself, Ms. Barragan, Mr. Blumenauer, Ms. Bonamici, Ms. Brownley, Mr. Carbajal, Mr. Cardenas, Mr. DeFazio, Ms. DelBene, Mr. DeSaulnier, Ms. Eshoo, Mr. Garamendi, Mr. Grijalva, Ms. Jayapal, Mr. Khanna, Mr. Kilmer, Mr. Larsen of Washington, Mr. Levin of California, Mr. Lowenthal, Ms. Matsui, Mr. McNerney, Mrs. Napolitano, Ms. Norton, Mr. Panetta, Ms. Roybal-Allard, Mr. Schiff, Mr. Schrader, Mr. Sherman, Mr. Smith of Washington, Ms. Speier, and Mr. Takano) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``West Coast Ocean Protection Act of 2021''. SEC. 2. PROHIBITION OF OIL AND GAS LEASING ON THE OUTER CONTINENTAL SHELF OFF THE COAST OF CALIFORNIA, OREGON, AND WASHINGTON. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Prohibition of Oil and Gas Leasing in Certain Areas of the Outer Continental Shelf.--Notwithstanding any other provision of this section or any other law, the Secretary of the Interior shall not issue a lease for the exploration, development, or production of oil or natural gas in any area of the outer Continental Shelf off the coast of the State of California, Oregon, or Washington.''. all
H.R. 654 (Engrossed in House) - Drug-Free Communities Pandemic Relief Act	https://www.govinfo.gov/content/pkg/BILLS-117hr654eh/html/BILLS-117hr654eh.htm	DOC 117th CONGRESS 1st Session H. R. 654 _______________________________________________________________________ AN ACT To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Communities Pandemic Relief Act''. SEC. 2. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE COMMUNITIES SUPPORT PROGRAM. (a) In General.--Subject to subsection (b), if the Administrator of the Drug-Free Communities Support Program determines that, as a result of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID-19, an eligible coalition is unable to raise the amount of non-Federal funds, including in-kind contributions, agreed to be raised by the coalition for a fiscal year under an agreement entered into with the Administrator pursuant to paragraph (1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs, provide to the eligible coalition the grant or renewal grant, as applicable, for that fiscal year in an amount-- (1) with respect to an initial grant or renewal grant described under paragraph (1)(A) or (3)(A) of such section, that exceeds the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; (2) with respect to a renewal grant described under paragraph (3)(D)(i) of such section, that exceeds 125 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; and (3) with respect to a renewal grant described under paragraph (3)(D)(ii) of such section, that exceeds 150 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year. (b) Limitation.--The Administrator may not provide a grant or renewal grant to an eligible coalition in an amount exceeding the amount of funds initially agreed to be provided by the Administrator under the applicable agreement. SEC. 3. RAISING CAP ON ADMINISTRATIVE EXPENSES UNDER ANTI-DRUG ABUSE ACT OF 1988. Section 1024(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1524(b)) is amended by striking ``8 percent'' and inserting ``12 percent''. Passed the House of Representatives October 20, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 654 _______________________________________________________________________ AN ACT To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program, and for other purposes.
H.R. 654 (Introduced in House) - Drug-Free Communities Pandemic Relief Act	https://www.govinfo.gov/content/pkg/BILLS-117hr654ih/html/BILLS-117hr654ih.htm	DOC 117th CONGRESS 1st Session H. R. 654 To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Joyce of Ohio (for himself and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Communities Pandemic Relief Act''. SEC. 2. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE COMMUNITIES SUPPORT PROGRAM. (a) In General.--Subject to subsection (b), if the Administrator of the Drug-Free Communities Support Program determines that, as a result of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID-19, an eligible coalition is unable to raise the amount of non-Federal funds, including in-kind contributions, agreed to be raised by the coalition for a fiscal year under an agreement entered into with the Administrator pursuant to paragraph (1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs, provide to the eligible coalition the grant or renewal grant, as applicable, for that fiscal year in an amount-- (1) with respect to an initial grant or renewal grant described under paragraph (1)(A) or (3)(A) of such section, that exceeds the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; (2) with respect to a renewal grant described under paragraph (3)(D)(i) of such section, that exceeds 125 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; and (3) with respect to a renewal grant described under paragraph (3)(D)(ii) of such section, that exceeds 150 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year. (b) Limitation.--The Administrator may not provide a grant or renewal grant to an eligible coalition in an amount exceeding the amount of funds initially agreed to be provided by the Administrator under the applicable agreement. all
H.R. 654 (Referred in Senate) - Drug-Free Communities Pandemic Relief Act	https://www.govinfo.gov/content/pkg/BILLS-117hr654rfs/html/BILLS-117hr654rfs.htm	DOC 117th CONGRESS 1st Session H. R. 654 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 21, 2021 Received; read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Communities Pandemic Relief Act''. SEC. 2. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE COMMUNITIES SUPPORT PROGRAM. (a) In General.--Subject to subsection (b), if the Administrator of the Drug-Free Communities Support Program determines that, as a result of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID-19, an eligible coalition is unable to raise the amount of non-Federal funds, including in-kind contributions, agreed to be raised by the coalition for a fiscal year under an agreement entered into with the Administrator pursuant to paragraph (1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs, provide to the eligible coalition the grant or renewal grant, as applicable, for that fiscal year in an amount-- (1) with respect to an initial grant or renewal grant described under paragraph (1)(A) or (3)(A) of such section, that exceeds the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; (2) with respect to a renewal grant described under paragraph (3)(D)(i) of such section, that exceeds 125 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; and (3) with respect to a renewal grant described under paragraph (3)(D)(ii) of such section, that exceeds 150 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year. (b) Limitation.--The Administrator may not provide a grant or renewal grant to an eligible coalition in an amount exceeding the amount of funds initially agreed to be provided by the Administrator under the applicable agreement. SEC. 3. RAISING CAP ON ADMINISTRATIVE EXPENSES UNDER ANTI-DRUG ABUSE ACT OF 1988. Section 1024(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1524(b)) is amended by striking ``8 percent'' and inserting ``12 percent''. Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 654 (Reported in House) - Drug-Free Communities Pandemic Relief Act	https://www.govinfo.gov/content/pkg/BILLS-117hr654rh/html/BILLS-117hr654rh.htm	DOC Union Calendar No. 106 117th CONGRESS 1st Session H. R. 654 To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Joyce of Ohio (for himself and Mr. Kilmer) introduced the following bill; which was referred to the Committee on Energy and Commerce October 19, 2021 Additional sponsors: Mr. Rice of South Carolina and Mr. Davidson October 19, 2021 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed _______________________________________________________________________ A BILL To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug-Free Communities Pandemic Relief Act''. SEC. 2. WAIVER OF FEDERAL FUND LIMITATION FOR THE DRUG-FREE COMMUNITIES SUPPORT PROGRAM. (a) In General.--Subject to subsection (b), if the Administrator of the Drug-Free Communities Support Program determines that, as a result of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID-19, an eligible coalition is unable to raise the amount of non-Federal funds, including in-kind contributions, agreed to be raised by the coalition for a fiscal year under an agreement entered into with the Administrator pursuant to paragraph (1)(A) or (3) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)), the Administrator may, notwithstanding such paragraphs, provide to the eligible coalition the grant or renewal grant, as applicable, for that fiscal year in an amount-- (1) with respect to an initial grant or renewal grant described under paragraph (1)(A) or (3)(A) of such section, that exceeds the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; (2) with respect to a renewal grant described under paragraph (3)(D)(i) of such section, that exceeds 125 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year; and (3) with respect to a renewal grant described under paragraph (3)(D)(ii) of such section, that exceeds 150 percent of the amount of non-Federal funds raised by the eligible coalition, including in-kind contributions, for that fiscal year. (b) Limitation.--The Administrator may not provide a grant or renewal grant to an eligible coalition in an amount exceeding the amount of funds initially agreed to be provided by the Administrator under the applicable agreement. SEC. 3. RAISING CAP ON ADMINISTRATIVE EXPENSES UNDER ANTI-DRUG ABUSE ACT OF 1988. Section 1024(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1524(b)) is amended by striking ``8 percent'' and inserting ``12 percent''. Amend the title so as to read: ``A bill to provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug- Free Communities Support Program, and for other purposes.''. Union Calendar No. 106 117th CONGRESS 1st Session H. R. 654 _______________________________________________________________________ A BILL To provide the Administrator of the Drug-Free Communities Support Program the authority to waive the Federal fund limitation for the Drug-Free Communities Support Program. _______________________________________________________________________ October 19, 2021 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
H.R. 655 (Introduced in House) - Securing Helium for Science Act	https://www.govinfo.gov/content/pkg/BILLS-117hr655ih/html/BILLS-117hr655ih.htm	DOC 117th CONGRESS 1st Session H. R. 655 To amend the Helium Act to ensure continued access to helium for holders of Federal research grants, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Neguse introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To amend the Helium Act to ensure continued access to helium for holders of Federal research grants, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Helium for Science Act''. SEC. 2. SALE OF CRUDE HELIUM. (a) In General.--Section 6 of the Helium Act (50 U.S.C. 167d) is amended-- (1) in subsection (d)-- (A) in paragraph (3), by striking ``(e)'' and inserting ``(f)''; (B) in paragraph (4), by striking ``(e)'' and inserting ``(f)''; and (C) by adding at the end the following: ``(5) Responsibilities of purchaser.--The Secretary may not sell the Federal Helium Reserve unless the purchaser agrees to be subject to the same requirements as the Secretary under subsection (e), except that such requirements shall not terminate until the end of the 8-year period described in subsection (e)(1).''; (2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (3) by inserting the following after subsection (d): ``(e) Phase E: Continued Access for Researchers.-- ``(1) In general.--Except as provided in paragraph (3), during the 8-year period beginning on the earlier of September 30, 2022, or the date on which the Secretary ends sales of helium under subsection (c), the Secretary shall offer crude helium for sale to holders of a Federal research grant in quantities not to exceed 30 million cubic feet of crude helium annually, at such times and under such terms and conditions as the Secretary determines appropriate. ``(2) Price.-- ``(A) First year.--During the 1-year period beginning on the date of the first sale of helium under paragraph (1), the price of helium sold under such paragraph shall be 5 percent higher than the price of the most recent sale of helium under subsection (c). ``(B) Subsequent years.--The Secretary shall increase the price of helium offered under this paragraph by 5 percent in each subsequent year in which sales occur under this subsection. ``(3) Termination.--The requirements of this subsection shall not apply to the Secretary beginning on the date that a purchaser of the Federal Helium Reserve that has agreed to be subject to the requirements of this subsection assumes control of such Federal Helium Reserve.''. (b) Conforming Amendment.--Section 3(c) of the Helium Act (50 U.S.C. 167a(c)) is amended by striking ``6(e)'' and inserting ``6(f)''. all
H.R. 656 (Introduced in House) - District of Columbia Police Home Rule Act	https://www.govinfo.gov/content/pkg/BILLS-117hr656ih/html/BILLS-117hr656ih.htm	DOC 117th CONGRESS 1st Session H. R. 656 To amend the District of Columbia Home Rule Act to repeal the authority of the President to assume emergency control of the police of the District of Columbia. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Norton (for herself and Mrs. Carolyn B. Maloney of New York) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To amend the District of Columbia Home Rule Act to repeal the authority of the President to assume emergency control of the police of the District of Columbia. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Police Home Rule Act''. SEC. 2. REPEAL OF AUTHORITY OF PRESIDENT TO ASSUME EMERGENCY CONTROL OF POLICE OF DISTRICT OF COLUMBIA. (a) Repeal of Authority.--The District of Columbia Home Rule Act is amended by striking section 740 (sec. 1-207.40, D.C. Official Code). (b) Clerical Amendment.--The table of contents of such Act is amended by striking the item relating to section 740. all
H.R. 657 (Introduced in House) - District of Columbia National Guard Home Rule Act	https://www.govinfo.gov/content/pkg/BILLS-117hr657ih/html/BILLS-117hr657ih.htm	DOC 117th CONGRESS 1st Session H. R. 657 To extend to the Mayor of the District of Columbia the same authority over the National Guard of the District of Columbia as the Governors of the several States exercise over the National Guard of those States with respect to administration of the National Guard. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Norton (for herself, Mrs. Carolyn B. Maloney of New York, and Mr. Brown) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To extend to the Mayor of the District of Columbia the same authority over the National Guard of the District of Columbia as the Governors of the several States exercise over the National Guard of those States with respect to administration of the National Guard. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia National Guard Home Rule Act''. SEC. 2. EXTENSION OF NATIONAL GUARD AUTHORITIES TO MAYOR OF THE DISTRICT OF COLUMBIA. (a) Mayor as Commander-in-Chief.--Section 6 of the Act entitled ``An Act to provide for the organization of the militia of the District of Columbia, and for other purposes'', approved March 1, 1889 (sec. 49- 409, D.C. Official Code), is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (b) Reserve Corps.--Section 72 of such Act (sec. 49-407, D.C. Official Code) is amended by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''. (c) Appointment of Commissioned Officers.--(1) Section 7(a) of such Act (sec. 49-301(a), D.C. Official Code) is amended-- (A) by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''; and (B) by striking ``President.'' and inserting ``Mayor.''. (2) Section 9 of such Act (sec. 49-304, D.C. Official Code) is amended by striking ``President'' and inserting ``Mayor of the District of Columbia''. (3) Section 13 of such Act (sec. 49-305, D.C. Official Code) is amended by striking ``President of the United States'' and inserting ``Mayor of the District of Columbia''. (4) Section 19 of such Act (sec. 49-311, D.C. Official Code) is amended-- (A) in subsection (a), by striking ``to the Secretary of the Army'' and all that follows through ``which board'' and inserting ``to a board of examination appointed by the Commanding General, which''; and (B) in subsection (b), by striking ``the Secretary of the Army'' and all that follows through the period and inserting ``the Mayor of the District of Columbia, together with any recommendations of the Commanding General.''. (5) Section 20 of such Act (sec. 49-312, D.C. Official Code) is amended-- (A) by striking ``President of the United States'' each place it appears and inserting ``Mayor of the District of Columbia''; and (B) by striking ``the President may retire'' and inserting ``the Mayor may retire''. (d) Call for Duty.--(1) Section 45 of such Act (sec. 49-103, D.C. Official Code) is amended by striking ``, or for the United States Marshal'' and all that follows through ``shall thereupon order'' and inserting ``to order''. (2) Section 46 of such Act (sec. 49-104, D.C. Official Code) is amended by striking ``the President'' and inserting ``the Mayor of the District of Columbia''. (e) General Courts Martial.--Section 51 of such Act (sec. 49-503, D.C. Official Code) is amended by striking ``the President of the United States'' and inserting ``the Mayor of the District of Columbia''. SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE. (a) Failure To Satisfactorily Perform Prescribed Training.--Section 10148(b) of title 10, United States Code, is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (b) Appointment of Chief of National Guard Bureau.--Section 10502(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (c) Vice Chief of National Guard Bureau.--Section 10505(a)(1)(A) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (d) Other Senior National Guard Bureau Officers.--Section 10506(a)(1) of such title is amended by striking ``the commanding general of the District of Columbia National Guard'' both places it appears and inserting ``the Mayor of the District of Columbia''. (e) Consent for Active Duty or Relocation.--(1) Section 12301 of such title is amended-- (A) in subsection (b), by striking ``commanding general of the District of Columbia National Guard'' in the second sentence and inserting ``Mayor of the District of Columbia''; and (B) in subsection (d), by striking the period at the end and inserting the following: ``, or, in the case of the District of Columbia National Guard, the Mayor of the District of Columbia.''. (2) Section 12406 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (f) Consent for Relocation of Units.--Section 18238 of such title is amended by striking ``the commanding general of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. SEC. 4. CONFORMING AMENDMENTS TO TITLE 32, UNITED STATES CODE. (a) Maintenance of Other Troops.--Section 109(c) of title 32, United States Code, is amended by striking ``(or commanding general in the case of the District of Columbia)''. (b) Drug Interdiction and Counter-Drug Activities.--Section 112(h)(2) of such title is amended by striking ``the Commanding General of the National Guard of the District of Columbia'' and inserting ``the Mayor of the District of Columbia''. (c) Additional Assistance.--Section 113 of such title is amended by adding at the end the following new subsection: ``(e) Inclusion of District of Columbia.--In this section, the term `State' includes the District of Columbia.''. (d) Appointment of Adjutant General.--Section 314 of such title is amended-- (1) by striking subsection (b); (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; and (3) in subsection (b) (as so redesignated), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia,''. (e) Relief From National Guard Duty.--Section 325(a)(2)(B) of such title is amended by striking ``commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (f) Authority To Order To Perform Active Guard and Reserve Duty.-- (1) Authority.--Subsection (a) of section 328 of such title is amended by striking ``the commanding general'' and inserting ``the Mayor of the District of Columbia after consultation with the commanding general''. (2) Clerical amendments.-- (A) Section heading.--The heading of such section is amended to read as follows: ``Sec. 328. Active Guard and Reserve duty: authority of chief executive''. (B) Table of sections.--The table of sections at the beginning of chapter 3 of such title is amended by striking the item relating to section 328 and inserting the following new item: ``328. Active Guard and Reserve duty: authority of chief executive.''. (g) Personnel Matters.--Section 505 of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' in the first sentence and inserting ``Mayor of the District of Columbia''. (h) National Guard Challenge Program.--Section 509 of such title is amended-- (1) in subsection (c)(1), by striking ``the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general'' and inserting ``the Mayor of the District of Columbia, under which the Governor or the Mayor''; (2) in subsection (g)(2), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; (3) in subsection (j), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''; and (4) in subsection (k), by striking ``the commanding general of the District of Columbia National Guard'' and inserting ``the Mayor of the District of Columbia''. (i) Issuance of Supplies.--Section 702(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. (j) Appointment of Fiscal Officer.--Section 708(a) of such title is amended by striking ``commanding general of the National Guard of the District of Columbia'' and inserting ``Mayor of the District of Columbia''. SEC. 5. CONFORMING AMENDMENT TO THE DISTRICT OF COLUMBIA HOME RULE ACT. Section 602(b) of the District of Columbia Home Rule Act (sec. 1- 206.02(b), D.C. Official Code) is amended by striking ``the National Guard of the District of Columbia,''. all
H.R. 658 (Introduced in House) - District of Columbia Parole and Supervised Release Act	https://www.govinfo.gov/content/pkg/BILLS-117hr658ih/html/BILLS-117hr658ih.htm	DOC 117th CONGRESS 1st Session H. R. 658 To transfer from the United States Parole Commission to the District of Columbia the authority to grant, deny, and revoke parole and impose conditions on an order of parole, and the authority to modify, revoke, and terminate a term of supervised release and impose conditions on an order of supervised release, in the case of individuals who are imprisoned felons eligible for parole, reparole, or supervised release under the laws of the District of Columbia, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To transfer from the United States Parole Commission to the District of Columbia the authority to grant, deny, and revoke parole and impose conditions on an order of parole, and the authority to modify, revoke, and terminate a term of supervised release and impose conditions on an order of supervised release, in the case of individuals who are imprisoned felons eligible for parole, reparole, or supervised release under the laws of the District of Columbia, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Parole and Supervised Release Act''. SEC. 2. AUTHORITY OF DISTRICT OF COLUMBIA OVER PAROLE AND SUPERVISED RELEASE UNDER DISTRICT OF COLUMBIA LAWS. (a) Authority Described.--Effective November 1, 2022-- (1) the District of Columbia shall have the authority-- (A) to grant, deny, and revoke parole, and impose conditions on an order of parole, in the case of any individual who is an imprisoned felon who is eligible for parole or reparole, and in the case of any individual who is on parole or reparole, under the laws of the District of Columbia; (B) to set conditions on, revoke, and terminate a term of supervised release imposed on any individual who is subject to supervised release under the laws of the District of Columbia; and (C) to exercise any other jurisdiction or authority the United States Parole Commission had prior to such date over individuals described in subparagraphs (A) or (B) (whether such individuals are sentenced before, on, or after such date), as provided under subchapter 3 of subtitle C of title XI of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-131 et seq., D.C. Official Code); and (2) the District of Columbia shall have the authority to enact legislation, promulgate regulations and guidelines, and take other actions to carry out paragraph (1). (b) Termination of Authority of United States Parole Commission.-- (1) Parole.--Section 11231(a) of the National Capital Revitalization and Self-Government Improvement Act of 1997 (sec. 24-131(a), D.C. Official Code) is amended by adding at the end the following new paragraph: ``(4) Termination.--The jurisdiction and authority of the United States Parole Commission under this section shall terminate on November 1, 2022.''. (2) Rulemaking and legislative responsibility.--Section 11231(c) of such Act (sec. 24-131(c), D.C. Official Code) is amended by adding at the end the following new sentence: ``This subsection shall terminate on November 1, 2022.''. (c) Conforming Amendments Relating to Authority of Court Services and Offender Supervision Agency.-- (1) Powers and duties of director.--Section 11233(b)(2)(B) of such Act (sec. 24-133(b)(2)(B), D.C. Official Code) is amended by striking ``and the Chairman of the United States Parole Commission'' and inserting ``and the District of Columbia''. (2) Supervision of released offenders.--Section 11233(c)(2) of such Act (sec. 24-133(c)(2), D.C. Official Code) is amended to read as follows: ``(2) Supervision of released offenders.--The Agency shall supervise any offender who is released from imprisonment for any term of supervised release imposed by the Superior Court of the District of Columbia. Such offender shall be subject to the authority of the District of Columbia.''. (3) Supervision of parolees.--Section 11233(c)(4) of such Act (sec. 24-133(c)(4), D.C. Official Code) is amended to read as follows: ``(4) Supervision of parolees.--The Agency shall supervise all individuals on parole pursuant to the laws of the District of Columbia. The Agency shall carry out the conditions of release imposed by the District of Columbia and shall make such reports to the District of Columbia with respect to an individual on parole supervision as the District of Columbia may require.''. (4) Effective date.--The amendments made by this subsection shall take effect November 1, 2022, and shall apply to individuals who are subject to supervised release or parole under the laws of the District of Columbia before, on, or after such date. (d) Continuation of Federal Benefits for Former Employees of Parole Commission.-- (1) Continuation.--Any individual who is an employee of the United States Parole Commission as of October 31, 2022, and who, on or after such date, is an employee of the office of the District of Columbia which exercises the authority described in paragraph (1) of subsection (a), shall continue to be treated as an employee of the Federal Government for purposes of receiving benefits under any chapter of subpart G of part III of title 5, United States Code. (2) Responsibility for employer contribution.--Beginning on November 1, 2022, the District of Columbia shall be treated as the employing agency with respect to the benefits described in paragraph (1) which are provided to an individual who, for purposes of receiving such benefits, is continued to be treated as an employee of the Federal Government under such paragraph. all
H.R. 659 (Introduced in House) - Repeal the Faircloth Amendment Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr659ih/html/BILLS-117hr659ih.htm	DOC 117th CONGRESS 1st Session H. R. 659 To repeal the limitation on the construction of new public housing, known as the Faircloth Amendment, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Ocasio-Cortez introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To repeal the limitation on the construction of new public housing, known as the Faircloth Amendment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Repeal the Faircloth Amendment Act of 2021''. SEC. 2. REPEAL OF FAIRCLOTH AMENDMENT. Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)) is amended by striking paragraph (3) (relating to limitation on new construction). all
H.R. 65 (Introduced in House) - Same Day Registration Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr65ih/html/BILLS-117hr65ih.htm	DOC 117th CONGRESS 1st Session H. R. 65 To amend the Help America Vote Act of 2002 to require States to provide for same day registration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Help America Vote Act of 2002 to require States to provide for same day registration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Same Day Registration Act of 2021''. SEC. 2. SAME DAY REGISTRATION. (a) In General.--Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. SAME DAY REGISTRATION. ``(a) In General.-- ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election-- ``(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and ``(B) to cast a vote in such election. ``(2) Exception.--The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. ``(b) Eligible Individual.--For purposes of this section, the term `eligible individual' means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. ``(c) Effective Date.--Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Same day registration.''. all
H.R. 660 (Introduced in House) - Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr660ih/html/BILLS-117hr660ih.htm	DOC 117th CONGRESS 1st Session H. R. 660 To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Plaskett (for herself and Mr. Young) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require the Secretary of Commerce to establish a grant program to benefit coastal habitats, resiliency, and the economy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Shovel-Ready Restoration Grants for Coastlines and Fisheries Act of 2021''. SEC. 2. SHOVEL-READY RESTORATION AND RESILIENCY GRANT PROGRAM. (a) Establishment.--The Secretary shall establish a grant program to provide funding and technical assistance to eligible entities for purposes of carrying out a project described in subsection (d). (b) Project Proposal.--To be considered for a grant under this section, an eligible entity shall submit a grant proposal to the Secretary in a time, place, and manner determined by the Secretary. Such proposal shall include monitoring, data collection, and measurable performance criteria with respect to the project. (c) Development of Criteria.--The Secretary shall select eligible entities to receive grants under this section based on criteria developed by the Secretary, in consultation with relevant offices of the National Oceanic and Atmospheric Administration, such as the Office of Habitat Conservation and the Office for Coastal Management. (d) Eligible Projects.--A project is described in this subsection if-- (1) the purpose of the project is to restore a marine, estuarine, coastal, or Great Lake habitat, including-- (A) restoration of habitat to protect or recover a species that is threatened, endangered, or a species of concern under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) through the removal or remediation of marine debris, including derelict vessels and fishing gear, in coastal and marine habitats; and (C) for the benefit of-- (i) shellfish; (ii) fish, including diadromous fish; or (iii) coral reef; or (2) the project provides adaptation to climate change, including-- (A) by constructing or protecting ecological features or nature-based infrastructure that protects coastal communities from sea level rise, coastal storms, or flooding; and (B) blue carbon projects. (e) Priority.--In determining which projects to fund under this section, the Secretary shall give priority to a proposed project-- (1) that would stimulate the economy; (2) for which the applicant can demonstrate that the grant will fund work that will begin not more than 90 days after the date of the award; (3) for which the applicant can demonstrate that the grant will fund work that will employ fishermen who have been negatively impacted by the COVID-19 pandemic or pay a fisherman for the use of a fishing vessel; (4) for which the applicant can demonstrate that any preliminary study or permit required before the project can begin has been completed or can be completed shortly after an award is made; or (5) that includes communities that may not have adequate resources, including low-income communities, communities of color, Tribal communities, Indigenous communities, and rural communities. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Commerce $3,000,000,000 for fiscal year 2021, to remain available until expended, to carry out this section. (g) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means a nonprofit, a for-profit business, an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a State, local, Tribal, or Territorial government. (2) Fisherman.--The term ``fisherman'' means a commercial or for-hire fisherman or an oyster farmer. (3) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. all
H.R. 661 (Introduced in House) - Congressional Foreign Entanglement Disclosure and Reduction Act	https://www.govinfo.gov/content/pkg/BILLS-117hr661ih/html/BILLS-117hr661ih.htm	DOC 117th CONGRESS 1st Session H. R. 661 To amend the Ethics in Government Act of 1978 to require Members of Congress to disclose business ties with foreign entities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Ethics in Government Act of 1978 to require Members of Congress to disclose business ties with foreign entities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Congressional Foreign Entanglement Disclosure and Reduction Act''. SEC. 2. DISCLOSURE BY MEMBERS OF CONGRESS OF BUSINESS TIES WITH FOREIGN ENTITIES. (a) In General.--Section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App. 102) is amended by adding at the end the following: ``(j) Any report filed pursuant to section 101(d) by a Member of Congress shall include the disclosure of any business ties the Member or any member of the Member's immediate family has (if any) with a foreign entity. If a Member of Congress makes an affirmative disclosure of any such ties, the Member shall include information detailing the nature of the business tie and foreign entity.''. (b) Application.--The amendment made by subsection (a) shall apply to any report filed pursuant to section 101(d) of the Ethics in Government Act of 1978 (5 U.S.C. App. 101(d)) after the date of enactment of this Act. all
H.R. 662 (Introduced in House) - Government Red-Tape Reduction Act	https://www.govinfo.gov/content/pkg/BILLS-117hr662ih/html/BILLS-117hr662ih.htm	DOC 117th CONGRESS 1st Session H. R. 662 To require that in a notice of proposed rulemaking for a new rule, the notice shall identify three rules which the agency intends to repeal. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require that in a notice of proposed rulemaking for a new rule, the notice shall identify three rules which the agency intends to repeal. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Red-Tape Reduction Act''. SEC. 2. REQUIREMENT TO REPEAL THREE RULES BEFORE MAKING A NEW RULE. Section 553(b) of title 5, United States Code, is amended-- (1) in paragraph (2), by striking ``and'' at the end; (2) in paragraph (3), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (3) the following: ``(4) in the case of a notice of proposed rule making for a new rule, except in the case of a new rule which is required by statute, an identification of three rules that the agency intends to repeal, including the date on which the agency began the rule making process in order to repeal such rules.''. all
H.R. 663 (Introduced in House) - Refundable Child Tax Credit Eligibility Verification Reform Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr663ih/html/BILLS-117hr663ih.htm	DOC 117th CONGRESS 1st Session H. R. 663 To amend the Internal Revenue Code of 1986 to require inclusion of the taxpayer's social security number to claim the refundable portion of the child tax credit. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to require inclusion of the taxpayer's social security number to claim the refundable portion of the child tax credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Refundable Child Tax Credit Eligibility Verification Reform Act of 2021''. SEC. 2. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION OF THE CHILD TAX CREDIT. (a) In General.--Section 24(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Identification requirement.-- ``(A) In general.--Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes the taxpayer's social security number on the return of tax for such taxable year. ``(B) Joint returns.--In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if the social security number of either spouse is included on such return. ``(C) Social security number.--For purposes of this paragraph, the term `social security number' means a social security number issued to an individual by the Social Security Administration (other than a social security number issued pursuant to subclause (II) (or that portion of subclause (III) that relates to subclause (II)) of section 205(c)(2)(B)(i) of the Social Security Act).''. (b) Omissions Treated as Mathematical or Clerical Error.--Section 6213(g)(2)(I) of such Code is amended to read as follows: ``(I) an omission of a correct social security number required under section 24(d)(6) (relating to refundable portion of child tax credit), or a correct TIN required under section 24(e) (relating to child tax credit), to be included on a return,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. all
H.R. 664 (Introduced in House) - Tax Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr664ih/html/BILLS-117hr664ih.htm	DOC 117th CONGRESS 1st Session H. R. 664 To amend the Internal Revenue Code of 1986 to require public disclosure of individual tax returns of the President, the Vice President, and Members of Congress, and candidates for such offices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to require public disclosure of individual tax returns of the President, the Vice President, and Members of Congress, and candidates for such offices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Transparency Act of 2021''. SEC. 2. DISCLOSURE OF RETURNS AND RETURN INFORMATION OF CANDIDATES FOR PRESIDENT, VICE PRESIDENT, OR CONGRESS. (a) In General.--Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(16) Disclosure of returns and return information of candidates for president, vice president, or congress.-- ``(A) In general.--The Secretary shall disclose and make publicly available returns and return information of-- ``(i) any candidate who designates a principal campaign committee under section 302(e)(1) of the Federal Election Campaign Act of 1971 or, in the case of a candidate for the office of Vice President, any candidate for such office under such Act, and ``(ii) any individual who, on April 15th of a calendar year, is the President, the Vice President, or a Member of Congress. ``(B) Exceptions.--The information disclosed under subparagraph (A) shall not include any Social Security number, any financial account number, the name of any individual under age 18, or any home address of any individual (other than the city and State in which such address is located). ``(C) Timing.--The Secretary shall make the disclosure required by paragraph (A)-- ``(i) in the case of a candidate described in clause (i) of such paragraph, not later than the later of-- ``(I) the date that is 15 days after the designation described in such clause (or in the case of a candidate for the office of Vice President, 15 days after such individual becomes such a candidate), or ``(II) the date that is 15 days after the date of the enactment of this paragraph, and ``(ii) in the case of an individual described in clause (ii) of such paragraph, not later than April 30th of the year described in such clause. ``(D) Scope.--The returns and return information disclosed under subparagraph (A) shall include any return filed during the 7-year period ending on-- ``(i) in the case of a candidate described in paragraph (A)(i), the date of the designation described in such clause (or in the case of a candidate for the office of Vice President, the day such individual becomes such a candidate), and ``(ii) in the case of an individual described in paragraph (A)(ii), April 15th of the year described in such clause.''. (b) Effective Date.--The amendment made by this section shall apply to individuals who are candidates on, and to individuals holding office on, dates after the date of the enactment of this Act. all
H.R. 665 (Introduced in House) - Retirement Forfeiture for Members of Congress Turned Foreign Lobbyists Act	https://www.govinfo.gov/content/pkg/BILLS-117hr665ih/html/BILLS-117hr665ih.htm	DOC 117th CONGRESS 1st Session H. R. 665 To provide that a former Member of Congress or former senior Congressional employee who receives compensation as a lobbyist representing a foreign principal shall not be eligible for retirement benefits or certain other Federal benefits. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide that a former Member of Congress or former senior Congressional employee who receives compensation as a lobbyist representing a foreign principal shall not be eligible for retirement benefits or certain other Federal benefits. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Forfeiture for Members of Congress Turned Foreign Lobbyists Act''. SEC. 2. PROHIBITION RELATING TO CERTAIN FEDERAL BENEFITS FOR A FORMER MEMBER OF CONGRESS OR FORMER SENIOR CONGRESSIONAL EMPLOYEE WHO RECEIVES COMPENSATION AS A LOBBYIST REPRESENTING FOREIGN PRINCIPAL. (a) In General.--A covered individual who is a registered lobbyist shall not be eligible for any covered benefits for any month-- (1) which begins after the date of the enactment of this Act; and (2) in or for which such covered individual is-- (A) employed as a lobbyist who represents a foreign principal; and (B) entitled to compensation as a lobbyist who represents a foreign principal. (b) Covered Individual.--For purposes of this section, the term ``covered individual'' means an individual who becomes a former Member of Congress or a former senior Congressional employee after the date of the enactment of this Act. (c) Covered Benefits.--For purposes of this section, the term ``covered benefits'', as used with respect to a covered individual, means any payment or other benefit which is payable, by virtue of service performed by such covered individual, under any of the following: (1) The Civil Service Retirement System, including the Thrift Savings Plan. (2) The Federal Employees Retirement System, including the Thrift Savings Plan. (3) The Federal Employees Health Benefits Program, including enhanced dental benefits and enhanced vision benefits under chapters 89A and 89B, respectively, of title 5, United States Code. (4) The Federal Employees' Group Life Insurance Program. (d) Definitions.--For purposes of this section-- (1) the term ``Member of Congress'' means a Senator, Member of the House of Representatives, or Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico; (2) the term ``senior Congressional employee'' means-- (A) each officer or employee of the legislative branch (except any officer or employee of the Government Accountability Office) who, for at least 60 days, occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (B) each officer or employee of the Government Accountability Office who, for at least 60 consecutive days, occupies a position for which the rate of basic pay, minus the amount of locality pay that would have been authorized under section 5304 of title 5, United States Code (had the officer or employee been paid under the General Schedule), for the locality within which the position of such officer or employee is located (as determined by the Comptroller General), is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; and (C) at least one principal assistant designated for purposes of this paragraph by each Member who does not have an employee who occupies a position for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15 of the General Schedule; (3) the term ``registered lobbyist'' means-- (A) a lobbyist registered or required to register, or on whose behalf a registration is filed or required to be filed, under section 4 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603); and (B) an individual registered or required to register as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); (4) the term ``lobbyist'' has the meaning given such term by section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602); and (5) the term ``foreign principal'' has the meaning given such term by section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)). (e) Rule of Construction.--Nothing in this section shall be considered to prevent the payment of-- (1) any lump-sum credit, as defined by section 8331(8) or 8401(19) of title 5, United States Code, to which an individual is entitled; or (2) any amount in the account of an individual in the Thrift Savings Fund which, as of the date on which paragraphs (1) and (2) of subsection (a) are first met with respect to such individual, is nonforfeitable. (f) Regulations.--Any regulations necessary to carry out this section may be prescribed-- (1) except as provided in paragraph (2), by the Director of the Office of Personnel Management; and (2) to the extent that this Act relates to the Thrift Savings Plan, by the Executive Director (as defined by section 8401(13) of title 5, United States Code). all
H.R. 666 (Introduced in House) - Anti-Racism in Public Health Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr666ih/html/BILLS-117hr666ih.htm	DOC 117th CONGRESS 1st Session H. R. 666 To amend the Public Health Service Act to provide for public health research and investment into understanding and eliminating structural racism and police violence. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Pressley (for herself, Ms. Lee of California, Ms. Castor of Florida, Mr. Nadler, Mrs. Watson Coleman, Mr. Takano, Mr. Danny K. Davis of Illinois, Ms. Jackson Lee, Mr. Higgins of New York, Mr. Cooper, Ms. Tlaib, Ms. Ocasio-Cortez, Mr. Sires, Mr. Vargas, Ms. Roybal-Allard, Mr. Rush, Mr. Hastings, Ms. Norton, Ms. Williams of Georgia, Mr. Bowman, Ms. Jayapal, Ms. Velazquez, Mrs. Beatty, Ms. Bush, Ms. Meng, Mr. Blumenauer, Mr. DeSaulnier, Mr. Ruppersberger, Mr. Espaillat, Ms. Sewell, Mr. Payne, Ms. Omar, Mr. Sarbanes, Ms. Matsui, Mr. Smith of Washington, Mr. Carson, Ms. Clark of Massachusetts, Mr. Cohen, Ms. Chu, and Mr. Torres of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to provide for public health research and investment into understanding and eliminating structural racism and police violence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Racism in Public Health Act of 2021''. SEC. 2. FINDINGS. Congress makes the following findings: (1) For centuries, structural racism, defined by the National Museum of African American History and Culture as an ``overarching system of racial bias across institutions and society,'' in the United States has negatively affected communities of color, especially Black, Latinx, Asian American, Pacific Islander, and American Indian and Alaska Native people, to expand and reinforce White supremacy. (2) Structural racism determines the conditions in which people are born, grow, work, live, and age and determine people's access to quality housing, education, food, transportation, and political power, and other social determinants of health. (3) Structural racism serves as a major barrier to achieving health equity and eliminating racial and ethnic inequities in health outcomes that exist at alarming rates and are determined by a wider set of forces and systems. (4) Due to structural racism in the United States, people of color are more likely to suffer from chronic health conditions (such as heart disease, diabetes, asthma, hepatitis, and hypertension) and infectious diseases (such as HIV/AIDS, and COVID-19) compared to their White counterparts. (5) Due to structural racism in maternal health care in the United States, Black and American Indian and Alaska Native infants are more than twice as likely to die than White infants, Black women are 3 to 4 times more likely to die from pregnancy-related causes than White women, and American Indian and Alaska Native women are 5 times more likely to die from pregnancy-related causes than White women. This trend persists even when adjusting for income and education. (6) Due to structural racism in the United States, Non- Hispanic Black women have the highest rates for 22 of 25 severe morbidity indicators used by the Center for Disease Control and Prevention (CDC). (7) Due to structural racism in the United States, people of color comprise a disproportionate percentage of persons with disabilities in the United States. (8) Due to structural racism in the United States, Black men are up to three and a half times as likely to be killed by police as White men, and 1 in every 1,000 Black men will die as a result of police violence. Policing has adverse effects on mental health in Black communities. (9) Due to the confluence of structural racism and factors such as gender, class, and sexual orientation or gender identity, commonly referred to as intersectionality, Black and Latinx transgender women are more likely to die due to violence and homicide than their White counterparts. (10) Due to structural racism, inequitable access to quality health care and longterm services and supports also disproportionately burdens communities of color; people of color and immigrants are less likely to be insured and are more likely to live in medically underserved areas. (11) Due to structural racism, older adults of color are also more likely to be admitted to nursing homes and assisted living facilities and to reside in those of poor quality, and when older adults of color do receive home and community based services, Medicaid spends less money on their services and they are more likely to be hospitalized than older White adults. (12) In addition, the Federal Government's failure to honor the unique political status of American Indian and Alaska Native people, to respect the inherent sovereignty of Tribal Nations, and to uphold its trust and treaty obligations to Tribal Nations and American Indian and Alaska Native people, is an ongoing and unjust manifestation of centuries of oppression, with the consequence of adverse health outcomes for Native peoples. (13) The COVID-19 pandemic has exposed the devastating impact of structural racism on the United States ability to ensure equitable health outcomes for people of color, and made these communities more likely to suffer from severe outcomes due to the coronavirus infection. (14) Racial and ethnic inequity in public health is a result of systematic, personally mediated, and internalized racism and racist public and private policies and practices, and dismantling structural racism is integral to addressing public health. SEC. 3. DEFINITIONS. In this Act: (1) Antiracism.--The term ``antiracism'' is a collection of antiracist policies that lead to racial equity, and are substantiated by antiracist ideas. (2) Antiracist.--The term ``antiracist'' is any measure that produces or sustains racial equity between racial groups. SEC. 4. PUBLIC HEALTH RESEARCH AND INVESTMENT IN DISMANTLING STRUCTURAL RACISM. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the following: ``SEC. 320B. NATIONAL CENTER ON ANTIRACISM AND HEALTH. ``(a) In General.-- ``(1) National center.--There is established within the Centers for Disease Control and Prevention a center to be known as the `National Center on Antiracism and Health' (referred to in this section as the `Center'). The Director of the Centers for Disease Control and Prevention shall appoint a director to head the Center who has experience living in and working with racial and ethnic minority communities. The Center shall promote public health by-- ``(A) declaring racism a public health crisis and naming racism as an historical and present threat to the physical and mental health and well-being of the United States and world; ``(B) aiming to develop new knowledge in the science and practice of antiracism, including by identifying the mechanisms by which racism operates in the provision of health care and in systems that impact health and well-being; ``(C) transferring that knowledge into practice, including by developing interventions that dismantle the mechanisms of racism and replace such mechanisms with equitable structures, policies, practices, norms, and values so that a healthy society can be realized; and ``(D) contributing to a national and global conversation regarding the impacts of racism on the health and well-being of the United States and world. ``(2) General duties.--The Secretary, acting through the Center, shall undertake activities to carry out the mission of the Center as described in paragraph (1), such as the following: ``(A) Conduct research into, collect, analyze and make publicly available data on, and provide leadership and coordination for the science and practice of antiracism, the public health impacts of structural racism, and the effectiveness of intervention strategies to address these impacts. Topics of research and data collection under this subparagraph may include identifying and understanding-- ``(i) policies and practices that have a disparate impact on the health and well-being of communities of color; ``(ii) the public health impacts of implicit racial bias, White supremacy, weathering, xenophobia, discrimination, and prejudice; ``(iii) the social determinants of health resulting from structural racism, including poverty, housing, employment, political participation, and environmental factors; and ``(iv) the intersection of racism and other systems of oppression, including as related to age, sexual orientation, gender identity, and disability status. ``(B) Award noncompetitive grants and cooperative agreements to eligible public and nonprofit private entities, including State, local, territorial, and Tribal health agencies and organizations, for the research and collection, analysis, and reporting of data on the topics described in subparagraph (A). ``(C) Establish, through grants or cooperative agreements, at least 3 regional centers of excellence, located in racial and ethnic minority communities, in antiracism for the purpose of developing new knowledge in the science and practice of antiracism in health by researching, understanding, and identifying the mechanisms by which racism operates in the health space, racial and ethnic inequities in health care access and outcomes, the history of successful antiracist movements in health, and other antiracist public health work. ``(D) Establish a clearinghouse within the Centers for Disease Control and Prevention for the collection and storage of data generated under the programs implemented under this section for which there is not an otherwise existing surveillance system at the Centers for Disease Control and Prevention. Such data shall-- ``(i) be comprehensive and disaggregated, to the extent practicable, by including racial, ethnic, primary language, sex, gender identity, sexual orientation, age, socioeconomic status, and disability disparities; ``(ii) be made publicly available; ``(iii) protect the privacy of individuals whose information is included in such data; and ``(iv) comply with privacy protections under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(E) Provide information and education to the public on the public health impacts of structural racism and on antiracist public health interventions. ``(F) Consult with other Centers and National Institutes within the Centers for Disease Control and Prevention, including the Office of Minority Health and Health Equity and the Center for State, Tribal, Local, and Territorial Support, to ensure that scientific and programmatic activities initiated by the agency consider structural racism in their designs, conceptualizations, and executions, which shall include-- ``(i) putting measures of racism in population-based surveys; ``(ii) establishing a Federal Advisory Committee on racism and health for the Centers for Disease Control and Prevention; ``(iii) developing training programs, curricula, and seminars for the purposes of training public health professionals and researchers around issues of race, racism, and antiracism; ``(iv) providing standards and best practices for programming and grant recipient compliance with Federal data collection standards, including section 4302 of the Patient Protection and Affordable Care Act; and ``(v) establishing leadership and stakeholder councils with experts and leaders in racism and public health disparities. ``(G) Coordinate with the Indian Health Service and with the Centers for Disease Control and Prevention's Tribal Advisory Committee to ensure meaningful Tribal consultation, the gathering of information from Tribal authorities, and respect for Tribal data sovereignty. ``(H) Engage in government to government consultation with Indian Tribes and Tribal organizations. ``(I) At least every 2 years, produce and publicly post on the Centers for Disease Control and Prevention's website a report on antiracist activities completed by the Center, which may include newly identified antiracist public health practices. ``(b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section.''. SEC. 5. PUBLIC HEALTH RESEARCH AND INVESTMENT IN POLICE VIOLENCE. (a) In General.--The Secretary of Health and Human Services shall establish within the National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention (referred to in this section as the ``Center'') a law enforcement violence prevention program. (b) General Duties.--In implementing the program under subsection (a), the Center shall conduct research into, and provide leadership and coordination for-- (1) the understanding and promotion of knowledge about the public health impacts of uses of force by law enforcement, including police brutality and violence; (2) developing public health interventions and perspectives for eliminating deaths, injury, trauma, and negative mental health effects from police presence and interactions, including police brutality and violence; and (3) ensuring comprehensive data collection, analysis, and reporting regarding police violence and misconduct in consultation with the Department of Justice and independent researchers. (c) Functions.--Under the program under subsection (a), the Center shall-- (1) summarize and enhance the knowledge of the distribution, status, and characteristics of law enforcement- related death, trauma, and injury; (2) conduct research and prepare, with the assistance of State public health departments-- (A) statistics on law enforcement-related death, injury, and brutality; (B) studies of the factors, including legal, socioeconomic, discrimination, and other factors that correlate with or influence police brutality; (C) public information about uses of force by law enforcement, including police brutality and violence, for the practical use of the public health community, including publications that synthesize information relevant to the national goal of understanding police violence and methods for its control; (D) information to identify socioeconomic groups, communities, and geographic areas in need of study, and a strategic plan for research necessary to comprehend the extent and nature of police uses of force by law enforcement, including police brutality and violence, and determine what options exist to reduce or eradicate death and injury that result; and (E) best practices in police violence prevention in other countries; (3) award grants, contracts, and cooperative agreements to provide for the conduct of epidemiologic research on uses of force by law enforcement, including police brutality and violence, by Federal, State, local, and private agencies, institutions, organizations, and individuals; (4) award grants, contracts, and cooperative agreements to community groups, independent research organizations, academic institutions, and other entities to support, execute, or conduct research on interventions to reduce or eliminate uses of force by law enforcement, including police brutality and violence; (5) coordinate with the Department of Justice, and other Federal, State, and local agencies on the standardization of data collection, storage, and retrieval necessary to collect, evaluate, analyze, and disseminate information about the extent and nature of uses of force by law enforcement, including police brutality and violence, as well as options for the eradication of such practices; (6) submit an annual report to Congress on research findings with recommendations to improve data collection and standardization and to disrupt processes in policing that preserve and reinforce racism and racial disparities in public health; (7) conduct primary research and explore uses of force by law enforcement, including police brutality and violence, and options for its control; and (8) study alternatives to law enforcement response as a method of reducing police violence. (d) Authorization of Appropriations.--There is authorized to be appropriated, such sums as may be necessary to carry out this section. all
H.R. 667 (Introduced in House) - Desert Sage Youth Wellness Center Access Improvement Act	https://www.govinfo.gov/content/pkg/BILLS-117hr667ih/html/BILLS-117hr667ih.htm	DOC 117th CONGRESS 1st Session H. R. 667 To authorize the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, to acquire private land to facilitate access to the Desert Sage Youth Wellness Center in Hemet, California, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Ruiz (for himself, Ms. Barragan, Mr. Cardenas, Mr. Aguilar, and Mr. Calvert) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize the Secretary of Health and Human Services, acting through the Director of the Indian Health Service, to acquire private land to facilitate access to the Desert Sage Youth Wellness Center in Hemet, California, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Desert Sage Youth Wellness Center Access Improvement Act''. SEC. 2. ACCESS ROAD FOR DESERT SAGE YOUTH WELLNESS CENTER. (a) Acquisition of Land.-- (1) Authorization.--The Secretary of Health and Human Services, acting through the Director of the Indian Health Service, is authorized to acquire, from willing sellers, the land in Hemet, California, upon which is located a dirt road known as ``Best Road'', beginning at the driveway of the Desert Sage Youth Wellness Center at Faure Road and extending to the junction of Best Road and Sage Road. (2) Compensation.--The Secretary shall pay fair market value for the land authorized to be acquired under paragraph (1). Fair market value shall be determined-- (A) using Uniform Appraisal Standards for Federal Land Acquisitions; and (B) by an appraiser acceptable to the Secretary and the owners of the land to be acquired. (3) Additional rights.--In addition to the land referred to in paragraph (1), the Secretary is authorized to acquire, from willing sellers, land or interests in land as reasonably necessary to construct and maintain the road as required by subsection (b). (b) Construction and Maintenance of Road.-- (1) Construction.--After the Secretary acquires the land pursuant to subsection (a), the Secretary shall construct on that land a paved road that is generally located over Best Road to facilitate access to the Desert Sage Youth Wellness Center in Hemet, California. (2) Maintenance.--The Secretary-- (A) shall maintain and manage the road constructed pursuant to paragraph (1); or (B) enter into an agreement with Riverside County, California, to own, maintain and manage the road constructed pursuant to paragraph (1). all
H.R. 668 (Introduced in House) - Jobs Now Youth Employment Act	https://www.govinfo.gov/content/pkg/BILLS-117hr668ih/html/BILLS-117hr668ih.htm	DOC 117th CONGRESS 1st Session H. R. 668 To direct the Secretary of Labor to fund youth workforce investment activities for certain local areas, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to fund youth workforce investment activities for certain local areas, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Now Youth Employment Act''. SEC. 2. YOUTH WORKFORCE INVESTMENT ACTIVITIES. (a) In General.--From the amount made available under subsection (e) for a fiscal year, the Secretary shall make allotments to local areas pursuant to subsection (b) for youth workforce investment activities under section 129 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3164). (b) Formula.--The allotment to a local area under subsection (a) shall be made on the basis of the relative number of long-term unemployed individuals in each local area, compared to the total number of long-term unemployed individuals in all local areas. (c) Data Collection.--In carrying out subsection (a), the Secretary shall-- (1) beginning not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall collect long-term unemployment rates for local areas; and (2) identify local areas that have long-term unemployment rates above the national average for the year for which such data is collected. (d) Definition.--In this section: (1) Local area.--The term ``local area'' has the meaning given such term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Long-term unemployment.--The term ``long-term unemployment'', used with respect to a local area, means the number of individuals in such local area who have been unemployed for 15 weeks or more. (3) Secretary.--The term ``Secretary'' means the Secretary of Labor. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out the activities described in subsection (a) $10,000,000,000 for each year in the 10-year period beginning on the date that is the first fiscal year that commences following the existence of data collected under subsection (c). all
H.R. 669 (Introduced in House) - Restricting First Use of Nuclear Weapons Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr669ih/html/BILLS-117hr669ih.htm	DOC 117th CONGRESS 1st Session H. R. 669 To restrict the first-use strike of nuclear weapons. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Lieu (for himself, Mr. McGovern, Ms. Clarke of New York, Mr. Sherman, Ms. Pingree, Mr. Beyer, Mrs. Watson Coleman, Ms. Meng, Mr. DeFazio, Ms. Schakowsky, Ms. Norton, Mr. Raskin, Mr. Lowenthal, Mr. Rush, Mr. Espaillat, Mr. Pallone, Ms. Clark of Massachusetts, Ms. Porter, Mr. Grijalva, Mr. Larson of Connecticut, Mr. Payne, Mr. Blumenauer, Ms. Pressley, Mr. Cohen, Mr. Neguse, Mr. Welch, and Mrs. Napolitano) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To restrict the first-use strike of nuclear weapons. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restricting First Use of Nuclear Weapons Act of 2021''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--Congress finds the following: (1) The Constitution gives Congress the sole power to declare war. (2) The framers of the Constitution understood that the monumental decision to go to war, which can result in massive death and the destruction of civilized society, must be made by the representatives of the people and not by a single person. (3) As stated by section 2(c) of the War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541), ``the constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces''. (4) Nuclear weapons are uniquely powerful weapons that have the capability to instantly kill millions of people, create long-term health and environmental consequences throughout the world, directly undermine global peace, and put the United States at existential risk from retaliatory nuclear strikes. (5) A first-use nuclear strike carried out by the United States would constitute a major act of war. (6) A first-use nuclear strike conducted absent a declaration of war by Congress would violate the Constitution. (7) The President has the sole authority to authorize the use of nuclear weapons, an order which military officers of the United States must carry out in accordance with their obligations under the Uniform Code of Military Justice. (8) Given its exclusive power under the Constitution to declare war, Congress must provide meaningful checks and balances to the President's sole authority to authorize the use of a nuclear weapon. (b) Declaration of Policy.--It is the policy of the United States that no first-use nuclear strike should be conducted absent a declaration of war by Congress. SEC. 3. PROHIBITION ON CONDUCT OF FIRST-USE NUCLEAR STRIKES. (a) Prohibition.--No Federal funds may be obligated or expended to conduct a first-use nuclear strike unless such strike is conducted pursuant to a war declared by Congress that expressly authorizes such strike. (b) First-Use Nuclear Strike Defined.--In this section, the term ``first-use nuclear strike'' means an attack using nuclear weapons against an enemy that is conducted without the Secretary of Defense and the Chairman of the Joint Chiefs of Staff first confirming to the President that there has been a nuclear strike against the United States, its territories, or its allies (as specified in section 3(b)(2) of the Arms Export Control Act (22 U.S.C. 2753(b)(2))). all
H.R. 66 (Introduced in House) - Comprehensive Access to Robust Insurance Now Guaranteed for Kids Act	https://www.govinfo.gov/content/pkg/BILLS-117hr66ih/html/BILLS-117hr66ih.htm	DOC 117th CONGRESS 1st Session H. R. 66 To amend title XXI of the Social Security Act to permanently extend the Children's Health Insurance Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan (for himself and Mrs. McBath) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend title XXI of the Social Security Act to permanently extend the Children's Health Insurance Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Access to Robust Insurance Now Guaranteed for Kids Act'' or ``CARING for Kids Act''. SEC. 2. PERMANENT EXTENSION OF CHILDREN'S HEALTH INSURANCE PROGRAM. (a) In General.--Section 2104(a)(28) of the Social Security Act (42 U.S.C. 1397dd(a)(28)) is amended to read as follows: ``(28) for fiscal year 2027 and each subsequent year, such sums as are necessary to fund allotments to States under subsections (c) and (m).''. (b) Allotments.-- (1) In general.--Section 2104(m) of the Social Security Act (42 U.S.C. 1397dd(m)) is amended-- (A) in paragraph (2)(B)(i), by striking ``,, 2023, and 2027'' and inserting ``and 2023''; (B) in paragraph (7)-- (i) in subparagraph (A), by striking ``and ending with fiscal year 2027,''; and (ii) in the flush left matter at the end, by striking ``or fiscal year 2026'' and inserting ``fiscal year 2026, or a subsequent even-numbered fiscal year''; (C) in paragraph (9)-- (i) by striking ``(10), or (11)'' and inserting ``or (10)''; and (ii) by striking ``2023, or 2027,'' and inserting ``or 2023''; and (D) by striking paragraph (11). (2) Conforming amendment.--Section 50101(b)(2) of the Bipartisan Budget Act of 2018 (Public Law 115-123) is repealed. SEC. 3. PERMANENT EXTENSIONS OF OTHER PROGRAMS AND DEMONSTRATION PROJECTS. (a) Pediatric Quality Measures Program.--Section 1139A(i)(1) of the Social Security Act (42 U.S.C. 1320b-9a(i)(1)) is amended-- (1) in subparagraph (C), by striking at the end ``and''; (2) in subparagraph (D), by striking the period at the end and insert a semicolon; and (3) by adding at the end the following new subparagraphs: ``(E) for fiscal year 2028, $15,000,000 for the purpose of carrying out this section (other than subsections (e), (f), and (g)); and ``(F) for a subsequent fiscal year, the amount appropriated under this paragraph for the previous fiscal year, increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over such previous fiscal year, for the purpose of carrying out this section (other than subsections (e), (f), and (g)).''. (b) Express Lane Eligibility Option.--Section 1902(e)(13) of the Social Security Act (42 U.S.C. 1396a(e)(13)) is amended by striking subparagraph (I). (c) Assurance of Affordability Standard for Children and Families.-- (1) In general.--Section 2105(d)(3) of the Social Security Act (42 U.S.C. 1397ee(d)(3)) is amended-- (A) in the paragraph heading, by striking ``through september 30, 2027''; and (B) in subparagraph (A), in the matter preceding clause (i)-- (i) by striking ``During the period that begins on the date of enactment of the Patient Protection and Affordable Care Act and ends on September 30, 2027'' and inserting ``Beginning on the date of the enactment of the Patient Protection and Affordable Care Act''; (ii) by striking ``During the period that begins on October 1, 2019, and ends on September 30, 2027'' and inserting ``Beginning on October 1, 2019''; and (iii) by striking ``The preceding sentences shall not be construed as preventing a State during any such periods from'' and inserting ``The preceding sentences shall not be construed as preventing a State from''. (2) Conforming amendments.--Section 1902(gg)(2) of the Social Security Act (42 U.S.C. 1396a(gg)(2)) is amended-- (A) in the paragraph heading, by striking ``through september 30, 2027''; and (B) by striking ``through September 30'' and all that follows through ``ends on September 30, 2027'' and inserting ``(but beginning on October 1, 2019,''. (d) Qualifying States Option.--Section 2105(g)(4) of the Social Security Act (42 U.S.C. 1397ee(g)(4)) is amended-- (1) in the paragraph heading, by striking ``for fiscal years 2009 through 2027'' and inserting ``after fiscal year 2008''; and (2) in subparagraph (A), by striking ``for any of fiscal years 2009 through 2027'' and inserting ``for any fiscal year after fiscal year 2008''. (e) Outreach and Enrollment Program.--Section 2113 of the Social Security Act (42 U.S.C. 1397mm) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``during the period of fiscal years 2009 through 2027'' and inserting ``, beginning with fiscal year 2009,''; (B) in paragraph (2)-- (i) by striking ``10 percent of such amounts'' and inserting ``10 percent of such amounts for the period or the fiscal year for which such amounts are appropriated''; and (ii) by striking ``during such period'' and inserting ``, during such period or such fiscal year,''; and (C) in paragraph (3), by striking ``For the period of fiscal years 2024 through 2027, an amount equal to 10 percent of such amounts'' and inserting ``Beginning with fiscal year 2024, an amount equal to 10 percent of such amounts for the period or the fiscal year for which such amounts are appropriated''; and (2) in subsection (g)-- (A) by striking ``2017,,'' and inserting ``2017,''; (B) by striking ``and $48,000,000'' and inserting ``$48,000,000''; and (C) by inserting after ``through 2027'' the following: ``, $12,000,000 for fiscal year 2028, and, for each fiscal year after fiscal year 2028, the amount appropriated under this subsection for the previous fiscal year, increased by the percentage increase in the consumer price index for all urban consumers (all items; United States city average) over such previous fiscal year''. (f) Child Enrollment Contingency Fund.--Section 2104(n) of the Social Security Act (42 U.S.C. 1397dd(n)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)(ii)-- (i) by striking ``and 2024 through 2026'' and inserting ``beginning with fiscal year 2024''; and (ii) by striking ``2023, and 2027'' and inserting ``, and 2023''; and (B) in subparagraph (B)-- (i) by striking ``2024 through 2026'' and inserting ``beginning with fiscal year 2024''; and (ii) by striking ``2023, and 2027'' and inserting ``, and 2023''; and (2) in paragraph (3)(A)-- (A) by striking ``fiscal years 2024 through 2026'' and inserting ``beginning with fiscal year 2024''; and (B) by striking ``2023, or 2027'' and inserting ``, or 2023''. all
H.R. 670 (Introduced in House) - Bronzeville-Black Metropolis National Heritage Area Act	https://www.govinfo.gov/content/pkg/BILLS-117hr670ih/html/BILLS-117hr670ih.htm	DOC 117th CONGRESS 1st Session H. R. 670 To establish the Bronzeville-Black Metropolis National Heritage Area in the State of Illinois, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To establish the Bronzeville-Black Metropolis National Heritage Area in the State of Illinois, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bronzeville-Black Metropolis National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Bronzeville-Black Metropolis National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 4(a). (3) Management plan.--The term ``management plan'' means the plan developed by the local coordinating entity under section 5(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Illinois. SEC. 3. BRONZEVILLE-BLACK METROPOLIS NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Bronzeville-Black Metropolis National Heritage Area in the State. (b) Boundaries.--The Heritage Area shall consist of the region in the city of Chicago, Illinois, bounded as follows: (1) 18th Street on the North to 22nd Street on the South, from Lake Michigan on the East to Wentworth Avenue on the West. (2) 22nd Street on the North to 35th Street on the South, from Lake Michigan on the East to the Dan Ryan Expressway on the West. (3) 35th Street on the North to 47th Street on the South, from Lake Michigan on the East to the B&O Railroad (Stewart Avenue) on the West. (4) 47th Street on the North to 55th Street on the South, from Cottage Grove Avenue on the East to the Dan Ryan Expressway on the West. (5) 55th Street on the North to 67th Street on the South, from State Street on the West to Cottage Grove Avenue/South Chicago Avenue on the East. (6) 67th Street on the North to 71st Street on the South, from Cottage Grove Avenue/South Chicago Avenue on the West to the Metra Railroad tracks on the East. SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY. (a) Local Coordinating Entity.--The Black Metropolis National Heritage Area Commission shall be the local coordinating entity for the Heritage Area. (b) Authorities of Local Coordinating Entity.--The local coordinating entity may, for purposes of preparing and implementing the management plan, use Federal funds made available under this Act-- (1) to prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) to enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) to hire and compensate staff; (5) to obtain funds or services from any source, including funds and services provided under any other Federal program or law; and (6) to contract for goods and services. (c) Duties of Local Coordinating Entity.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare a management plan for the Heritage Area in accordance with section 5; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are-- (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds are received under this Act-- (A) submit to the Secretary an annual report that describes-- (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) take into consideration existing State and local plans; (3) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (4) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and (5) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. (c) Disqualification From Funding.--If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity may not receive additional funding under this Act until the date on which the Secretary receives the proposed management plan. (d) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations.--In determining whether to approve or disapprove the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions.-- (A) In general.--If the Secretary disapproves a proposed management plan, the Secretary shall-- (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval.--The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (e) Approval of Amendments.-- (1) In general.--The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (d). (2) Funding.--Funds appropriated under this Act may not be expended to implement any changes made by an amendment to the management plan until the Secretary approves the amendment. SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Required analysis.--If the report prepared under paragraph (1) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of-- (A) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination. (3) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-Sharing Requirement.--The Federal share of the cost of any activity carried out using funds made available under this Act shall be not more than 50 percent. SEC. 10. TERMINATION OF AUTHORITY. The authority of the Secretary to provide financial assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. all
H.R. 671 (Introduced in House) - Fort Pillow National Battlefield Park Study Act	https://www.govinfo.gov/content/pkg/BILLS-117hr671ih/html/BILLS-117hr671ih.htm	DOC 117th CONGRESS 1st Session H. R. 671 To conduct a special resource study of Fort Pillow Historic State Park in Henning, Tennessee, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To conduct a special resource study of Fort Pillow Historic State Park in Henning, Tennessee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Fort Pillow National Battlefield Park Study Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Fort Pillow was originally built by Confederate troops in 1861 and named after General Gideon J. Pillow of Maury County, Tennessee. (2) The battle of Fort Pillow was fought on April 12, 1864, at Fort Pillow in Henning, Tennessee, during the American Civil War. (3) At Fort Pillow, Tennessee, Confederate forces never defeated the Union Navy. Instead, they perpetrated a heinous massacre after violating a flag of truce by advantageously repositioning rebel troops and by looting government buildings and private storefronts surrounding the fort. (4) According to the 1864 Report ``Fort Pillow Massacre'' from the United States Congress Joint Committee on the Conduct of the War, ``The officers and men seem to vie with each other in the devilish work; men, women and even children, wherever found, were deliberately shot down, beaten and hacked with sabers. . . .''. (5) The Union garrison consisted of 19 officers and 538 troops of whom 262 were United States Colored Troops (U.S.C.T.). (6) Per the report, ``Of the men, from three hundred to four hundred are known to have been killed at Fort Pillow, of whom at least three hundred were murdered in cold blood after the fort was in possession of the rebels and our men had thrown down their arms and ceased to offer resistance.''. (7) The massacre at Fort Pillow demonstrated to all U.S.C.T. that surrender was not an option. The massacre at Fort Pillow became a rallying cry and motivation for the 209,147 U.S.C.T. (8) The 209,147 U.S.C.T. fundamentally contributed to the Union's defeat of the Confederacy. (9) The State of Tennessee allows the wrongful modification of the historical record by claiming it was a battle without a massacre of hundreds of surrendering Union troops and innocent civilians. (10) In 1971, Fort Pillow became a State park. (11) In 1973, Fort Pillow was added to the National Register of Historic Places. (12) The following year, in 1974, Fort Pillow was designated as a National Historic Landmark. (13) Fort Pillow Historic State Park consists of 1,642 acres. (14) The Park contains several attraction areas such as a Civil War museum, hiking trail, camping ground, and picnic area. (15) This site deserves to become a National Battlefield Park due to its profound effect on U.S.C.T. and all Union forces in their fight to preserve the United States of America. SEC. 3. FORT PILLOW SPECIAL RESOURCE STUDY. The Secretary of the Interior shall conduct a special resource study of Fort Pillow Historic State Park in Henning, Tennessee. Fort Pillow is a State park that features the American Civil War history and the Massacre at Fort Pillow. The Secretary shall-- (1) evaluate the site's national significance; and (2) determine the suitability and feasibility of designating it as a unit of the National Historic Park System. all
H.R. 672 (Introduced in House) - Rejecting and Eliminating the Foul Use of Symbols Exulting Confederate Principles Act	https://www.govinfo.gov/content/pkg/BILLS-117hr672ih/html/BILLS-117hr672ih.htm	DOC 117th CONGRESS 1st Session H. R. 672 To direct the Secretary of the Interior to establish a grant program to provide funds for the removal of Confederate symbols, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To direct the Secretary of the Interior to establish a grant program to provide funds for the removal of Confederate symbols, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rejecting and Eliminating the Foul Use of Symbols Exulting Confederate Principles Act'' or the ``REFUSE Confederate Principles Act''. SEC. 2. EMANCIPATION HISTORIC PRESERVATION PROGRAM. (a) Establishment of Program.--The Secretary, in consultation with the Director, shall establish, within the National Park Service, a program to be known as the ``Emancipation Historic Preservation Program'' to-- (1) award grants to eligible entities in accordance with this section to-- (A) remove a Confederate symbol; (B) remove and replace a Confederate symbol with an alternative monument, memorial, statue, commemorative structure, symbol, or signage; (C) remove and replace a Confederate symbol with an alternative monument, memorial, statue, commemorative structure, symbol, or signage to commemorate or depict the freedom of enslaved African Americans; and (D) remove and transfer a Confederate symbol to a State historic preservation program as defined in section 60.3 of title 36, Code of Federal Regulations; and (2) provide technical assistance to eligible entities related to the activities described in paragraph (1). (b) Priority.--In awarding grants under this section, the Secretary shall give priority to applications that include activities described in subsection (a)(1)(C) and (a)(1)(D). (c) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a plan for how the eligible entity will use grant funds to carry out one or more of the activities described in subsection (a)(1); (2) if the application is for activities described in subsection (a)(1)(C), information demonstrating the relevance of the eligible entity's application to activities described in subsection (a)(1)(C); and (3) if the application is for activities described in subsection (a)(1)(D), information identifying the eligible entity as a State historic preservation program as defined in section 60.3 of title 36, Code of Federal Regulations for activities described in subsection (a)(1)(D). (d) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to provide grants under this section, $15,000,000 for each fiscal year through 2031, of which $9,000,000 for each fiscal year shall be made available to State historic preservation programs as defined in section 60.3 of title 36, Code of Federal Regulations, for costs related to the removal, transfer, and storage of Confederate symbols under subsection (a)(1)(D). SEC. 3. LIMITATIONS ON USE OF FUNDS. None of the funds made available by this Act may be used by the Secretary, the Director, or an eligible entity for the preservation, rehabilitation, restoration, reconstruction, or new construction of a Confederate symbol. SEC. 4. REPORTS. (a) Grantee Reports to Secretary and Director.--Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each entity that receives a grant under this Act shall submit to the Secretary and the Director a final report containing such information as the Secretary may require. (b) Annual Report to Congress.--Not later than October 31 of each calendar year after the enactment of this Act, the Secretary shall submit to Congress a report of the progress of the grant program established pursuant to this Act. SEC. 5. DEFINITIONS. In this Act: (1) Confederate symbol.--The term ``Confederate symbol'' includes-- (A) a Confederate flag; or (B) a monument, memorial, statue, commemorative structure, symbol, or signage that honors a Confederate leader, Confederate soldier, the Confederate States of America, or the Confederacy in general. (2) Director.--The term ``Director'' means the Director of the National Park Service. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a State; (B) a political subdivision of a State, including-- (i) a city; and (ii) a county; (C) a territory or insular possession of the United States; (D) the District of Columbia; (E) an Indian Tribe (which has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)); (F) a special purpose district, including park districts; (G) an academic institution; or (H) a State historic preservation program, as defined in section 60.3 of title 36, Code of Federal Regulations. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. all
H.R. 673 (Introduced in House) - Hazel M. Johnson Memorial Stamp Act	https://www.govinfo.gov/content/pkg/BILLS-117hr673ih/html/BILLS-117hr673ih.htm	DOC 117th CONGRESS 1st Session H. R. 673 To provide for the issuance of a commemorative postage stamp in honor of Hazel M. Johnson, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To provide for the issuance of a commemorative postage stamp in honor of Hazel M. Johnson, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazel M. Johnson Memorial Stamp Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hazel Johnson fought for environmental justice in Chicago beginning in the 1970s and continuing through the rest of her life. (2) When Johnson discovered that the South Side of Chicago had the highest cancer rate of any area in Chicago, she was inspired to investigate the cancer rates, foul odors, and number of children with respiratory illnesses in her own neighborhood, the community of Altgeld Gardens on the South Side of Chicago. (3) Johnson discovered her community, Altgeld Gardens, which is a public housing project, was built on a landfill surrounded by toxicity, which polluted the air, water, and land. (4) Additionally, the Altgeld Gardens homes had asbestos and elevated lead levels. (5) This discovery inspired Johnson to create the People for Community Recovery, an organization which fights for a safer environment. (6) Johnson and the People for Community Recovery fought to educate and empower the residents of Altgeld Gardens, including providing workshops and trainings, conducting health surveys, rallying residents to protest contamination, and working with youth in the community. (7) The People for Community Recovery put pressure on the Chicago Housing Authority to remove asbestos from Altgeld Gardens. (8) Johnson's fight for clean water led to the installation of water and sewer lines by city health officials in the far South Side neighborhood of Maryland Manor, where the existing well water was contaminated with cyanide and other toxins. (9) Johnson used her vigilance and activism to give low- income minority communities a voice and a stake in the environmental justice fight by bringing the conversation to personal, immediate, and urgent concerns which directly impact communities inhabited by people of color. (10) Johnson also strove to hold both businesses and the government responsible for how their actions impact the environment. (11) Johnson was given the 1992 President's Environment and Conservation Challenge Award in recognition of her environmental justice work. (12) Notably, Johnson was instrumental in pressuring President Bill Clinton to sign the Environmental Justice Executive Order, which holds the Federal Government accountable for urban communities exposed to pollution. (13) In 2004, sociologist David Naguib Pellow credited Johnson and the People for Community Recovery with putting ``the South Side of Chicago on the radar screen for activists and policy makers around the United States who are concerned about environmental racism''. (14) On January 12, 2011, the Illinois General Assembly, by way of a House Joint Resolution, designated ``the portion of 130th Street from the Bishop Ford Freeway to State Street in Chicago as the `Hazel Johnson EJ Way'''. (15) Johnson was a visionary, who was able to foresee the impacts of failing to address environmental and social justice conditions. (16) Johnson's work earned her the title of ``mother of the environmental justice movement''. SEC. 3. HAZEL M. JOHNSON COMMEMORATIVE POSTAGE STAMP. (a) In General.--The Postmaster General shall issue a commemorative postage stamp in honor of Hazel M. Johnson. (b) Denomination; Designs.--The commemorative postage stamp issued under this Act shall be issued in the denomination used for first class mail up to one ounce in weight and shall bear such designs as the Postmaster General shall determine. (c) Issuance Period.--The commemorative postage stamp issued under this Act shall be placed on sale as soon as practicable after the date of the enactment of this Act and shall be sold for such period thereafter as the Postmaster General shall determine. all
H.R. 674 (Introduced in House) - Hazel M. Johnson Congressional Gold Medal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr674ih/html/BILLS-117hr674ih.htm	DOC 117th CONGRESS 1st Session H. R. 674 To award posthumously a Congressional Gold Medal to Hazel M. Johnson, in recognition of her achievements and contributions to the environmental justice movement. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Rush introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To award posthumously a Congressional Gold Medal to Hazel M. Johnson, in recognition of her achievements and contributions to the environmental justice movement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazel M. Johnson Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Hazel Johnson fought for environmental justice in Chicago beginning in the 1970s and continuing through the rest of her life. (2) When Johnson discovered that the South Side of Chicago had the highest cancer rate of any area in Chicago, she was inspired to investigate the cancer rates, foul odors, and number of children with respiratory illnesses in her own neighborhood, the community of Altgeld Gardens on the South Side of Chicago. (3) She discovered her community, Altgeld Gardens, which is a public housing project, was built on a landfill surrounded by toxicity, which polluted the air, water, and land. (4) Additionally, the Altgeld Gardens homes had asbestos and elevated lead levels. (5) This discovery inspired Johnson to create the People for Community Recovery, an organization which fights for a safer environment. (6) Johnson and the People for Community Recovery fought to educate and empower the residents of Altgeld Gardens, including providing workshops and trainings, conducting health surveys, rallying residents to protest contamination, and working with youth in the community. (7) The People for Community Recovery put pressure on the Chicago Housing Authority to remove asbestos from Altgeld Gardens. (8) Johnson's fight for clean water led to the installation of water and sewer lines by city health officials in the far South Side neighborhood of Maryland Manor, where the existing well water was contaminated with cyanide and other toxins. (9) Johnson used her vigilance and activism to give low- income minority communities a voice and a stake in the environmental justice fight by bringing the conversation to personal, immediate, and urgent concerns which directly impact communities inhabited by people of color. (10) Johnson also strove to hold both businesses and the government responsible for how their actions impact the environment. (11) Johnson was given the 1992 President's Environment and Conservation Challenge Award in recognition of her environmental justice work. (12) Notably, Johnson was instrumental in pressuring President Bill Clinton to sign the Environmental Justice Executive Order, which holds the Federal Government accountable for urban communities exposed to pollution. (13) In 2004, sociologist David Naguib Pellow credited Johnson and the People for Community Recovery with putting ``the South Side of Chicago on the radar screen for activists and policy makers around the United States who are concerned about environmental racism''. (14) On January 12, 2011, the Illinois General Assembly, by way of a House Joint Resolution, designated ``the portion of 130th Street from the Bishop Ford Freeway to State Street in Chicago as the `Hazel Johnson EJ Way'''. (15) Johnson was a visionary, who was able to foresee the impacts of failing to address environmental and social justice conditions. (16) Johnson's work earned her the title of ``mother of the environmental justice movement''. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration to Hazel M. Johnson, in recognition of her achievements and contributions to the environmental justice movement. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) National Museum of African American History and Culture.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the National Museum of African American History and Culture of the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the gold medal received under paragraph (1) should be made available for display elsewhere, particularly at other appropriate locations associated with Hazel M. Johnson. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. all
H.R. 675 (Introduced in House) - COVID–19 Price Gouging Prevention Act	https://www.govinfo.gov/content/pkg/BILLS-117hr675ih/html/BILLS-117hr675ih.htm	DOC 117th CONGRESS 1st Session H. R. 675 To prohibit price gouging in connection with the public health emergency resulting from COVID-19, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Schakowsky (for herself, Mr. Pallone, Mr. Nadler, and Mr. Cicilline) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prohibit price gouging in connection with the public health emergency resulting from COVID-19, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This title may be cited as the ``COVID-19 Price Gouging Prevention Act''. SEC. 2. PREVENTION OF PRICE GOUGING. (a) In General.--For the duration of a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of confirmed cases of 2019 novel coronavirus (COVID-19), including any renewal thereof, it shall be unlawful for any person to sell or offer for sale a good or service at a price that-- (1) is unconscionably excessive; and (2) indicates the seller is using the circumstances related to such public health emergency to increase prices unreasonably. (b) Factors for Consideration.--In determining whether a person has violated subsection (a), there shall be taken into account, with respect to the price at which such person sold or offered for sale the good or service, factors that include the following: (1) Whether such price grossly exceeds the average price at which the same or a similar good or service was sold or offered for sale by such person-- (A) during the 90-day period immediately preceding January 31, 2020; or (B) during the period that is 45 days before or after the date that is one year before the date such good or service is sold or offered for sale under subsection (a). (2) Whether such price grossly exceeds the average price at which the same or a similar good or service was readily obtainable from other similarly situated competing sellers before January 31, 2020. (3) Whether such price reasonably reflects additional costs, not within the control of such person, that were paid, incurred, or reasonably anticipated by such person, or reasonably reflects the profitability of forgone sales or additional risks taken by such person, to produce, distribute, obtain, or sell such good or service under the circumstances. (c) Enforcement.-- (1) Enforcement by federal trade commission.-- (A) Unfair or deceptive acts or practices.--A violation of subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (B) Powers of commission.--The Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (2) Effect on other laws.--Nothing in this section shall be construed in any way to limit the authority of the Commission under any other provision of law. (3) Enforcement by state attorneys general.-- (A) In general.--If the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating subsection (a), the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its laws, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to-- (i) enjoin further such violation by such person; (ii) enforce compliance with such subsection; (iii) obtain civil penalties; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice and intervention by the ftc.--The attorney general of a State shall provide prior written notice of any action under subparagraph (A) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (C) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section alleged in the complaint. (D) Relationship with state-law claims.--If the attorney general of a State has authority to bring an action under State law directed at acts or practices that also violate this section, the attorney general may assert the State-law claim and a claim under this section in the same civil action. (4) Savings clause.--Nothing in this section shall preempt or otherwise affect any State or local law. (d) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Good or service.--The term ``good or service'' means a good or service offered in commerce, including-- (A) food, beverages, water, ice, a chemical, or a personal hygiene product; (B) any personal protective equipment for protection from or prevention of contagious diseases, filtering facepiece respirators, medical equipment and supplies (including medical testing supplies), a drug as defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)), cleaning supplies, disinfectants, sanitizers; or (C) any healthcare service, cleaning service, or delivery service. (3) State.--The term ``State'' means each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. all
H.R. 676 (Introduced in House) - Learning Recovery Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr676ih/html/BILLS-117hr676ih.htm	DOC 117th CONGRESS 1st Session H. R. 676 To establish a learning recovery grant program and fund the Institute of Education Sciences for certain purposes, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Scott of Virginia (for himself, Ms. Leger Fernandez, Mr. Sablan, Mr. Pocan, Ms. Wild, Mrs. Hayes, Mr. Jones, Mr. Levin of Michigan, Ms. Bonamici, and Mr. DeSaulnier) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To establish a learning recovery grant program and fund the Institute of Education Sciences for certain purposes, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Learning Recovery Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) In general.--Except as otherwise provided, a term used in this Act that is defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) has the meaning given the term in such section. (2) Economically disadvantaged student.--The term ``economically disadvantaged student'' as used in this Act is used in the same manner as such term is used in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). (3) High-poverty local educational agency.--The term ``high-poverty local educational agency'' means, with respect to a local educational agency in a State, a local educational agency that serves a higher percentage of economically disadvantaged students than the local educational agency that serves the median percentage of economically disadvantaged students, based on the percentages of economically disadvantaged students served by all local educational agencies in such State. (4) High-poverty school.--The term ``high-poverty school'' means, with respect to a school served by a local educational agency, a school that serves a higher percentage of economically disadvantaged students than a school that serves the median percentage of economically disadvantaged students, based on the percentages of economically disadvantaged students at all schools served by such local educational agency. (5) Missing student.--The term ``missing student'', used with respect to a local educational agency, means a student-- (A) who was enrolled in a school served by the local educational agency in the most recently completed school year; and (B) who-- (i) has been chronically absent from a school served by the local educational agency at any time during the COVID-19 pandemic; or (ii) with respect to the school year for which funds are being allocated to such local educational agency under this Act, has neither reenrolled in such a school nor has reported moving to a different school system. (6) Overall per-pupil reduction in state funds.--The term ``overall per-pupil reduction in State funds'' means, with respect to a fiscal year-- (A) the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State in such fiscal year compared to the total amount of such funds provided to all local educational agencies in the State in the previous fiscal year; divided by (B) the aggregate number of children in average daily attendance in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made. (7) School extension program.--The term ``school extension program'' means an evidence-based comprehensive program (such as a summer school, extended day, or extended school year program) at an elementary school or secondary school that provides for learning time, at any point in the calendar year, that is-- (A) in addition to the minimum number of school days and hours required by State law for such elementary school or secondary school; (B) a minimum of 3 weeks of school or the equivalent of 120 hours; and (C) a maximum of 10 weeks of school or the equivalent of 400 hours. (8) Vulnerable students.--The term ``vulnerable students'' includes the following students: (A) A student with disabilities. (B) A low-income student. (C) An English learner. (D) A minority student. (E) A student experiencing homelessness. (F) A migrant student. (G) A student in foster care. (H) A student involved with the juvenile justice system. TITLE I--REACHING STUDENTS AND MEETING UNFINISHED LEARNING NEEDS SEC. 101. PROGRAM AUTHORIZED. (a) Reservations.--From the amount appropriated under section 106 for a fiscal year, the Secretary shall reserve-- (1) one-half of 1 percent for allotments for the outlying areas, in proportion to the relative amount such outlying areas received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year; and (2) one-half of 1 percent for the Secretary of the Interior, in consultation with the Secretary of Education, for programs under this title in schools operated or funded by the Bureau of Indian Education. (b) State Allotments.-- (1) In general.--From the amount appropriated under section 106 (and not reserved under subsection (a)), the Secretary shall allot grants to State educational agencies with an approved application under section 102 in proportion to the relative amount the States of such agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year. (2) Reallotment.--If a State educational agency does not receive a grant under this title for a fiscal year, the Secretary shall reallot the amount of the grant to the remaining State educational agencies in accordance with paragraph (1). (3) State reservations.--A State educational agency receiving a grant under this subsection may reserve up to 5 percent of such grant for State level activities described under section 102(c), of which not more than 1 percent may be used for administrative purposes related to such activities. (c) Local Allocations.--After making a reservation under subsection (b)(3), a State educational agency shall allocate the remaining grant amount received under this section to local educational agencies in the State with an approved application under section 103 in proportion to the relative amount such local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for the preceding fiscal year. SEC. 102. STATE APPLICATION AND ACTIVITIES. (a) Secretarial Requirements.--The Secretary shall-- (1) not later than 15 days after the date of enactment of this Act, issue a notice for applications; and (2) not later than 15 days after receipt of an application, approve or deny such application. (b) State Application.--To receive a grant under section 101(b), a State educational agency shall submit an application to the Secretary at such time, in such manner, and requiring such information as the Secretary may reasonably require. Such application shall-- (1) describe how the State educational agency will use funds reserved under section 101(b)(3) to support local educational agencies receiving allocations under section 101(c) from the State educational agency; (2) provide an assurance that the State educational agency, and each local educational agency receiving an allocation under section 101(c) from such State educational agency-- (A) will meet the requirements of section 105; and (B) will widely inform the public by posting on its website information on the availability of each school extension program to be funded with such allocation in an easily understandable format and in multiple languages that parents can understand, to the extent practicable; (3) provide a description of the application the State educational agency will use under section 103 for local educational agencies to receive allocations; and (4) provide an assurance that the State educational agency will meet the maintenance of effort, maintenance of equity, and supplement, not supplant requirements in subsections (d) through (f), respectively. (c) State Activities.--From funds reserved under section 101(b)(3), a State educational agency-- (1) shall-- (A) provide technical assistance to local educational agencies receiving an allotment under section 101(c), with a priority for such local educational agencies that serve-- (i) high percentages of low-income children; and (ii) high concentrations of students who have been negatively or disproportionately affected (academically, socially, and emotionally) by the pandemic and school closures; (B) support local educational agencies in coordinating with a designated regional educational laboratory (as described in section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564)) to effectively use data and evidence-based strategies to address learning recovery needs for students with disabilities, minority children, English learners, and low-income students; (C) monitor the use of funds received by local educational agencies receiving allocations under section 101(c); and (D) collect and analyze the data described under section 104 from such local educational agencies; and (2) may support existing activities to combat learning loss due to COVID-19 as long as such activities meet the applicable requirements of this title. (d) State Maintenance of Effort.--A State educational agency receiving a grant under this title shall maintain support for elementary and secondary education for the fiscal year for which such grant is received at least at the proportional levels of such State's support for elementary and secondary education relative to such State's overall spending, averaged over fiscal years 2017, 2018, and 2019. (e) State Maintenance of Equity.-- (1) High-poverty local educational agencies.--For a fiscal year in which a State educational agency receives a grant under section 101(b), in a case in which a per-pupil reduction in State funding occurs for any high-poverty local educational agency in the State, such reduction may not exceed the overall per-pupil reduction in State funds, if any, across all local educational agencies in such State in such fiscal year. (2) Local educational agencies with the highest share of economically disadvantaged students.--For the fiscal year in which a State educational agency receives a grant under section 101(b), the State educational agency may not reduce State funding for the 20 percent of local educational agencies in the State with the highest percentage of economically disadvantaged students (based on the percentages of economically disadvantaged students served by all local educational agencies in the State) below the level of funding provided to such local educational agencies in fiscal year 2019. (f) Supplement, Not Supplant.--Funds made available to State educational agencies under this title shall be used to supplement, and not supplant, other Federal and non-Federal funds that would otherwise be used for activities authorized under this title. SEC. 103. LOCAL APPLICATION AND ACTIVITIES. (a) Local Application.--To receive an allocation under section 101(c), a local educational agency shall submit an application to the applicable State educational agency at such time, in such manner, and requiring such information as the State educational agency may reasonably require. Such application shall-- (1) describe how the local educational agency will use funds to locate missing students and reengage the students and their families with the school community; (2) describe how the local educational agency plans to facilitate family engagement to address concerns about student learning, social-emotional well-being, and COVID-19 safety; (3) describe how the local educational agency plans to diagnose, measure, and reduce unfinished learning among students, including vulnerable students; (4) describe how the local educational agency plans to implement evidence-based interventions and strategies that meet the requirements of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (25 U.S.C. 7801(21)(A)(i)) to address unfinished learning as a result of the COVID-19 pandemic; (5) provide an assurance that the local educational agency will carry out a school extension program; (6) describe such program, including the provision of evidence-based, intensive tutoring services for students; (7) provide an assurance that the local educational agency will seek public input on the design and implementation of such program; (8) provide an assurance that the local educational agency will not charge a student or the student's family for participation in such school extension program; (9) provide an assurance that the local educational agency will meet the requirements of subsection (d); (10) provide an assurance that the local educational agency will establish protocols for program operation related to the COVID-19 pandemic, as applicable; and (11) provide a description of how the local educational agency will operationalize the assurance described in paragraph (10), including-- (A) how staff will be trained in implementing such protocols; and (B) how the school day will be restructured due to such protocols, including through-- (i) reduced class size; (ii) split scheduling; (iii) staggered meal times or locations; (iv) changes in school bus routes, and more frequent bus routes (with the utilization of additional bus drivers); and (v) special considerations necessary for students who are medically at-risk. (b) Local Uses.-- (1) Required uses.--A local educational agency that receives an allocation under section 101(c) shall use such allocation to carry out the following: (A) Planning and implementation of not less than 1 school extension program at a school served by the local educational agency, ensuring that the increased learning time provided through such program focuses on vulnerable students. (B) Supporting salaries and benefits of school leaders, teachers, counselors, paraprofessionals, and other support staff involved with the school extension program. (C) Planning and implementing attendance intervention strategies that reengage, rather than punish, students and families within the school community, including, to the extent practicable-- (i) public service announcements; and (ii) utilizing languages understood by such families in addition to English. (D) Planning and implementing strategies to reengage and monitor student reengagement during the school extension program. (2) Allowable uses.--A local educational agency that receives an allocation under section 101(c) may use such allocation to carry out the following: (A) Administering and using high-quality assessments that are valid and reliable to accurately assess students' academic progress and assist educators in meeting students' academic needs, including through differentiating instruction. (B) Providing professional development to educators, paraprofessionals, and other staff on how to-- (i) use assessments to individualize academic instruction; (ii) modify instruction and scheduling to accelerate students' academic progress; and (iii) address the social, emotional, and learning needs of vulnerable students, which may be in coordination with a regional educational laboratory or the State educational agency. (3) Providing opportunities for evidence-based intensive tutoring services for students as part of a school extension program described in the local educational agency's application, including by establishing or expanding partnerships with evidenced-based tutoring interventions. (4) Providing social, emotional, and mental health related supports, including services provided by school counselors. (5) Implementing universal screenings for adverse childhood experiences and trauma and implementing interventions in response to such screenings. (6) Increasing student engagement in school through the establishment or reestablishment of well-rounded educational opportunities such as music and fine arts programming, athletics programs, and reestablishing nonprofit and after- school programs that promote student engagement and learning. (7) Implementing culturally responsive practices. (8) Covering overhead costs associated with keeping school buildings open, if such school buildings would not otherwise be open. (9) Covering the costs of student transportation (in addition to any previously existing student transportation costs). (10) Providing for technology to support learning for students and teachers participating in school extension programs. (11) Supporting existing activities to combat learning loss due to COVID-19 as long as such activities meet the applicable requirements of this title. (c) Priority for Services.-- (1) In general.--In selecting schools at which to carry out the activities described in section 103(b), a local educational agency shall give priority to the following schools: (A) An elementary school or secondary school that participated in a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6314) during school year 2019-2020. (B) A high school in which the percentage of children from low-income families is at least as high as the percentage of children from low-income families served by the local educational agency as a whole during school year 2019-2020 at elementary schools and secondary schools that do not meet the requirements of subparagraph (A). (2) Measure of poverty in secondary schools.--In measuring the number of students in low-income families in secondary schools for purposes of paragraph (1)(B), a local educational agency shall use the measure of poverty described in section 1113(a)(5)(B)(ii) of the Elementary and Secondary Education of 1965 (20 U.S.C. 6313(a)(5)(B)(ii)), except that the local educational agency shall not be required to meet the conditions of section 1113(a)(5)(C) of such Act (20 U.S.C. 6313(a)(5)(C)) to use such measure. (3) Measure of poverty in elementary schools.--In measuring the number of students in low-income families in elementary schools for purposes of paragraph (1)(B), a local educational agency shall use the measure of poverty described in section 1113(a)(5)(A) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)(A)). (d) Maintenance of Equity for High-Poverty Schools.--With respect to the fiscal year in which a local educational agency receives an allocation under section 101(c)-- (1) in a case in which a per-pupil reduction in local educational agency funding occurs for such fiscal year for any high-poverty school served by such local educational agency, such reduction may not exceed-- (A) the total reduction in local educational agency funding for all schools served by the local educational agency in such fiscal year (if any); divided by (B) the aggregate number of children in average daily attendance in all schools served by the local educational agency in such fiscal year; and (2) the local educational agency may not reduce per-pupil staffing in any high-poverty school by an amount that exceeds-- (A) the total reduction in staffing in all schools served by such local educational agency in such fiscal year (if any); divided by (B) the aggregate number of children in average daily attendance in all schools served by the local educational agency in such fiscal year. SEC. 104. REPORTING REQUIREMENTS. (a) Local Educational Agency.-- (1) In general.--Not later than 1 year after receiving an allocation under section 101(b), and for each succeeding year thereafter, a local educational agency shall report to the State educational agency on the information described in paragraph (2). (2) Contents.--Each report under paragraph (1) shall include the following information, disaggregated in accordance with paragraph (3)-- (A) The number of students served in a school extension program funded under this title. (B) The number of missing students-- (i) who reenrolled at a school served by the local educational agency; and (ii) who did not reenroll at a school served by the local educational agency. (C) Which schools served by such agency received services under a school extension program funded under this title. (D) The attendance and learning recovery interventions implemented (including social and emotional services) and how the interventions supported students with disabilities, minority children, English learners, and low-income students. (E) Any student performance data from assessments prior to the implementation of a school extension program, and after the implementation of such program. (3) Disaggregation.-- (A) In general.--Subject to subparagraph (B), the information provided under subparagraphs (A) through (C) of paragraph (2) shall be disaggregated by each of the following subgroups: (i) Each major racial and ethnic group. (ii) Economically disadvantaged students as compared to students who are not economically disadvantaged. (iii) Disability status. (iv) English proficiency status. (v) Gender. (vi) Migrant status. (vii) Homeless status. (viii) Status as a child in foster care. (B) Exception.--The disaggregation in subparagraph (A) shall not be required in the case in which the number of students in a subgroup would reveal personally identifiable information about an individual student. (b) State Report to the Secretary.-- (1) State educational agency.--Each State educational agency receiving funds under this title shall, on an annual basis, compile, summarize, prepare, and submit a report on the information reported to the State educational agency to the Secretary. (2) Secretary.-- (A) In general.--The Secretary shall summarize and compile the reports submitted under paragraph (1). (B) Report.--The Secretary shall submit to Congress, and make publicly available, the summary and compilation described in subparagraph (A). SEC. 105. COLLECTIVE BARGAINING APPLICABILITY. Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $37,500,000,000 for each of fiscal years 2021 and 2022 to carry out this title. TITLE II--INSTITUTE OF EDUCATION SCIENCES SEC. 201. IN GENERAL. The Director of the Institute of Education Sciences shall-- (1) not later than 30 days after the date of enactment of this Act, begin to study interventions and strategies to address learning recovery for all students, including students with disabilities, minority children, English learners, and low-income students; and (2) disseminate, when available, the findings to State educational agencies, local educational agencies, and other appropriate entities. SEC. 202. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for fiscal years 2021 and 2022 to carry out this title, which shall remain available through September 30, 2023. all
H.R. 677 (Introduced in House) - Just and Unifying Solutions To Invigorate Communities Everywhere Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr677ih/html/BILLS-117hr677ih.htm	DOC 117th CONGRESS 1st Session H. R. 677 To improve and reform policing practices, accountability and transparency. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Stauber (for himself, Mrs. Hinson, Mr. Mullin, Mr. Hudson, Mr. Waltz, Mr. Stivers, Mrs. Miller of West Virginia, Mr. Lamborn, Mr. Gallagher, Mr. Rice of South Carolina, Mr. Reschenthaler, Mr. Balderson, Mr. Diaz-Balart, Mr. Fleischmann, Mr. Aderholt, Mr. Allen, Mr. Gonzalez of Ohio, Mr. Joyce of Ohio, Mr. Katko, Mrs. Wagner, Mr. Meuser, Mr. Hill, Mr. Bacon, Mr. Weber of Texas, Mr. Calvert, Mr. Chabot, Mr. Wright, Mr. Austin Scott of Georgia, Mr. Wenstrup, Mr. Bergman, Mr. Amodei, Mr. Crawford, Mrs. Rodgers of Washington, Mr. Van Drew, Mr. Bucshon, Mr. Burchett, Mr. Stewart, Ms. Stefanik, Ms. Foxx, Ms. Herrera Beutler, Mr. Rouzer, Mr. McCaul, Mr. Baird, Mr. Schweikert, Mr. Curtis, Mr. Womack, Mr. Guest, Mr. Burgess, Mr. Estes, Mr. Smith of New Jersey, Mr. Hern, Mr. Kinzinger, Mr. Emmer, Miss Gonzalez-Colon, Mr. Upton, Mr. Rodney Davis of Illinois, Mr. Johnson of Ohio, Mr. Young, Mr. Reed, Mr. Carter of Texas, and Mr. Crenshaw) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on House Administration, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To improve and reform policing practices, accountability and transparency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Just and Unifying Solutions To Invigorate Communities Everywhere Act of 2021'' or the ``JUSTICE Act''. (b) Table of Contents.--The table of contents for this Act shall be as follows: Sec. 1. Short title; table of contents. TITLE I--LAW ENFORCEMENT REFORMS Sec. 101. George Floyd and Walter Scott Notification Act. Sec. 102. Breonna Taylor Notification Act. Sec. 103. Guidance. Sec. 104. Compliance assistance grants. Sec. 105. Incentivizing banning of chokeholds. Sec. 106. Falsifying police incident reports. TITLE II--BODY-WORN CAMERAS Sec. 201. Body-Worn Camera Partnership Grant Program. Sec. 202. Penalties for failure to use body-worn cameras. TITLE III--LAW ENFORCEMENT RECORDS RETENTION Sec. 301. Law enforcement records retention. TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING Sec. 401. Short title. Sec. 402. Findings. Sec. 403. Lynching. TITLE V--ALTERNATIVES TO THE USE OF FORCE, DE-ESCALATION, BEHAVIORAL HEALTH CRISES AND DUTY TO INTERVENE TRAINING Sec. 501. Training on alternatives to use of force, de-escalation, and behavioral health crises. Sec. 502. Training on duty to intervene. TITLE VI--NATIONAL CRIMINAL JUSTICE COMMISSION ACT Sec. 601. Short title. Sec. 602. Findings. Sec. 603. Establishment of Commission. Sec. 604. Purpose of the Commission. Sec. 605. Review, recommendations, and report. Sec. 606. Membership. Sec. 607. Administration. Sec. 608. Direct appropriations. Sec. 609. Sunset. TITLE VII--LAW ENFORCEMENT AGENCY HIRING AND EDUCATION Subtitle A--Hiring Sec. 701. Law enforcement agency hiring. Sec. 702. Reauthorization of law enforcement grant programs. Subtitle B--Training Sec. 711. Definitions. Sec. 712. Program authorized. Sec. 713. Online education resources. Sec. 714. National Museum of African American History and Culture Council. Sec. 715. Engagement of eligible program participants. Sec. 716. Annual report. TITLE VIII--BEST PRACTICES AND STUDIES Sec. 801. Best practices. Sec. 802. Study. Sec. 803. Mental health study. Sec. 804. Study and proposal on improving accountability for DOJ grants. TITLE IX--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT Sec. 901. Prohibition on engaging in sexual acts while acting under color of law. Sec. 902. Incentive for States. Sec. 903. Reports to Congress. TITLE X--EMERGENCY FUNDING Sec. 1001. Emergency designation. TITLE I--LAW ENFORCEMENT REFORMS SEC. 101. GEORGE FLOYD AND WALTER SCOTT NOTIFICATION ACT. (a) Short Title.--This section may be cited as the ``George Floyd and Walter Scott Notification Act''. (b) National Use-of-Force Data Collection.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: ``(h) National Use-of-Force Data Collection.-- ``(1) Definitions.--In this section-- ``(A) the term `law enforcement officer'-- ``(i) means any officer, agent, or employee of a State, unit of local government, or an Indian tribe authorized by law or by a government agency to engage in or supervise the prevention detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders; and ``(ii) includes an individual described in clause (i) who is employed or volunteers in a full-time, part-time, or auxiliary capacity; ``(B) the term `National Use-of-Force Data Collection' means the National Use-of-Force Data Collection of the Federal Bureau of Investigation; and ``(C) the term `serious bodily injury' means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. ``(2) Reporting requirement.--For each fiscal year in which a State or unit of local government receives funds under subsection (a), the State or unit of local government shall report to the National Use-of-Force Data Collection on an annual basis and pursuant to guidelines established by the Federal Bureau of Investigation, information regarding-- ``(A) a use-of-force event by a law enforcement officer in the State or unit of local government that involves-- ``(i) the fatality of an individual that is connected to use of force by a law enforcement officer; ``(ii) the serious bodily injury of an individual that is connected to use of force by a law enforcement officer; and ``(iii) in the absence of either death or serious bodily injury, when a firearm is discharged by a law enforcement officer at or in the direction of an individual; ``(B) any event in which a firearm is discharged by a civilian at or in the direction of a law enforcement officer; and ``(C) the death or serious bodily injury of a law enforcement officer that results from any discharge of a firearm by a civilian, or any other means, including whether the law enforcement officer was killed or suffered serious bodily injury as part of an ambush or calculated attack. ``(3) Information required.--For each use-of-force event required to be reported under paragraph (2), the following information shall be provided, as required by the Federal Bureau of Investigation: ``(A) Incident information. ``(B) Subject information. ``(C) Officer information. ``(4) Compliance.-- ``(A) Ineligibility for funds.-- ``(i) First fiscal year.-- ``(I) States.--For the first fiscal year beginning after the date of enactment of the George Floyd and Walter Scott Notification Act in which a State fails to comply with paragraph (2) with respect to a State law enforcement agency, the State shall be subject to a 20-percent reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year, and if any unit of local government within the State fails to comply with paragraph (2), the State shall be subject to a reduction of the funds allocated for retention by the State under section 505(c) that is equal to the percentage of the population of the State represented by the unit of local government, not to exceed 20 percent. ``(II) Local governments.--For the first fiscal year beginning after the date of enactment of the George Floyd and Walter Scott Notification Act in which a unit of local government fails to comply with paragraph (2), the unit of local government shall be subject to a 20-percent reduction of the funds that would otherwise be allocated to the unit of local government for that fiscal year under this subpart. ``(ii) Subsequent fiscal years.-- ``(I) States.--Beginning in the first fiscal year beginning after the first fiscal year described in clause (i)(I) in which a State fails to comply with paragraph (2) with respect to a State law enforcement agency, the percentage by which the funds described in clause (i)(I) are reduced shall be increased by 5 percent each fiscal year the State fails to comply with paragraph (2), except that such reduction shall not exceed 25 percent in any fiscal year. ``(II) Local governments.-- Beginning in the first fiscal year beginning after the first fiscal year described in clause (i)(II) in which a unit of local government fails to comply with paragraph (2), the percentage by which the funds described in clause (i)(II) are reduced shall be increased by 5 percent each fiscal year the unit of local government fails to comply with paragraph (2), except that such reduction shall not exceed 25 percent in any fiscal year. ``(B) Reallocation.--Amounts not allocated under a program referred to in subparagraph (A) to a State or unit of local government for failure to comply with paragraph (2) shall be reallocated under the program to States or units of local government that have complied with paragraph (2). ``(5) Public availability of data.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Director of the Federal Bureau of Investigation shall publish, and make available to the public, the National Use-of-Force Data Collection. ``(6) FBI outreach and technical assistance.--The Director of the Federal Bureau of Investigation shall provide to a State or unit of local government technical assistance and training for the collection and submission of data in accordance with this subsection.''. SEC. 102. BREONNA TAYLOR NOTIFICATION ACT. (a) Short Title.--This section may be cited as the ``Breonna Taylor Notification Act of 2021''. (b) No-Knock Warrant Reports.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as amended by section 101 of this Act, is amended by adding at the end the following: ``(i) No-knock Warrant Reports.-- ``(1) Definitions.--In this subsection: ``(A) Federal law enforcement agency.--The term `Federal law enforcement agency' means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of Federal criminal law. ``(B) No-knock warrant.--The term `no-knock warrant' means a warrant that authorizes a law enforcement officer to enter a certain premises to execute a warrant without first knocking or otherwise announcing the presence of the law enforcement officer if a court of competent jurisdiction finds reasonable suspicion that knocking and announcing the presence of law enforcement would-- ``(i) pose a danger to the officer, a suspect, or a third party on the premises; ``(ii) inhibit the investigation; or ``(iii) allow the destruction of evidence. ``(C) State law enforcement agency; local law enforcement agency.--The terms `State law enforcement agency' and `local law enforcement agency' mean an agency of a State or unit of local government, respectively, that is authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. ``(2) Report to attorney general.-- ``(A) Requirement.-- ``(i) In general.--Subject to clause (iii), not later than January 31 of the first calendar year beginning after the date of enactment of the Breonna Taylor Notification Act of 2021, and annually thereafter-- ``(I) a State that receives funds under subsection (a) shall submit to the Attorney General a report that includes, for each no-knock warrant carried out by a State law enforcement agency of the State during the preceding calendar year, the information described in subclauses (I) through (V) of paragraph (3)(A)(i); and ``(II) a unit of local government that receives funds under subsection (a) shall submit to the Attorney General a report that includes-- ``(aa) for each no-knock warrant carried out by a local law enforcement agency of the unit of local government during the preceding calendar year, the information described in subclauses (I) through (V) of paragraph (3)(A)(i); and ``(bb) the crime rate data for the unit of local government for the preceding calendar year. ``(ii) State oversight of local governments.--A State that receives funds under subsection (a) shall ensure that each unit of local government within the State submits to the Attorney General a report that includes, in accordance with clause (i)(II) of this subparagraph-- ``(I) for each no-knock warrant carried out by a local law enforcement agency of the unit of local government during the preceding calendar year, the information described in subclauses (I) through (V) of paragraph (3)(A)(i); and ``(II) the crime rate data for the unit of local government for the preceding calendar year. ``(iii) Open investigations.--A State or unit of local government-- ``(I) may not submit the information described in subclauses (I) through (V) of paragraph (3)(A)(i) for a no-knock warrant relating to an investigation that has not been closed as of the date on which the applicable report is due under clause (i) of this subparagraph; and ``(II) shall include any information withheld under subclause (I) in the earliest subsequent report submitted under clause (i) after the investigation has been closed. ``(B) Penalty.-- ``(i) In general.-- ``(I) First fiscal year.-- ``(aa) States.-- ``(AA) Failure to comply by state.--For the first fiscal year that follows a fiscal year in which a State failed to comply with subparagraph (A) with respect to a State law enforcement agency, the State shall be subject to a 20-percent reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year. ``(BB) Failure to comply by local government.--For the first fiscal year that follows a fiscal year in which a unit of local government within a State failed to comply with subparagraph (A), the State shall be subject to a reduction of the funds that would otherwise be allocated for retention by the State under section 505(c) for that fiscal year by a percentage that is equal to the percentage of the population of the State that lives in the unit of local government, which may not exceed 20 percent. ``(bb) Units of local government.--For the first fiscal year that follows a fiscal year in which a unit of local government failed to comply with subparagraph (A), the unit of local government shall be subject to a 20- percent reduction of the funds that would otherwise be allocated to the unit of local government under this subpart for that fiscal year. ``(II) Subsequent fiscal years.-- ``(aa) States.--Beginning in the first fiscal year beginning after the first fiscal year described in subclause (I)(aa)(AA) in which a State fails to comply with subparagraph (A) with respect to a State law enforcement agency, the percentage by which the funds described in subclause (I)(aa)(AA) are reduced shall be increased by 5 percent each fiscal year the State fails to comply with subparagraph (A) with respect to a State law enforcement agency, except that such reduction shall not exceed 25 percent in any fiscal year. ``(bb) Local governments.-- Beginning in the first fiscal year beginning after the first fiscal year described in subclause (I)(bb) in which a unit of local government fails to comply with subparagraph (A), the percentage by which the funds described in subclause (I)(bb) are reduced shall be increased by 5 percent each fiscal year the unit of local government fails to comply with subparagraph (A), except that such reduction shall not exceed 25 percent in any fiscal year. ``(ii) Reallocation.--Amounts not allocated by reason of clause (i) to a State or unit of local government for failure to comply with subparagraph (A) shall be reallocated to States or units of local government, respectively, that have complied with subparagraph (A). ``(iii) Effective date.--Clause (i) shall take effect with respect to the third annual report due under subparagraph (A) after the date of enactment of the Breonna Taylor Notification Act of 2021. ``(3) Attorney general report.-- ``(A) In general.--Subject to subparagraph (B), not later than March 31 of the first calendar year beginning after the date of enactment of the Breonna Taylor Notification Act of 2021, and annually thereafter, the Attorney General shall publish a report that includes-- ``(i) for each no-knock warrant carried out by a Federal law enforcement agency, State law enforcement agency, or local law enforcement agency during the preceding calendar year-- ``(I) the reason for which the warrant was issued, including each violation of law listed on the warrant; ``(II) whether, in the course of carrying out the warrant-- ``(aa) force resulting in property damage, serious bodily injury, or death was used; or ``(bb) any law enforcement officer, suspect, or bystander was injured or killed; ``(III) the sex, race, ethnicity, and age of each person found at the location for which the no-knock warrant was issued; ``(IV) whether the location searched matched the location described in the warrant; and ``(V) whether the warrant included the particularized information required under the Fourth Amendment to the Constitution of the United States, as interpreted by the Supreme Court of the United States, and any other applicable Federal, State, or local law related to the use of no-knock warrants; and ``(ii) for each local law enforcement agency for which information is submitted under clause (i) for a calendar year, the crime rate data for the applicable unit of local government for that calendar year. ``(B) Open investigations.--The Attorney General-- ``(i) may not publish any information described in subparagraph (A) for a no-knock warrant relating to an investigation that has not been closed as of the date on which the applicable report is due under that paragraph; and ``(ii) shall include any information withheld under clause (i) in the earliest subsequent report published under subparagraph (A) after the investigation has been closed.''. SEC. 103. GUIDANCE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation and State and local law enforcement agencies, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsections (h) and (i) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this Act, respectively, and that ensure the reporting under such subsections (h) and (i) is consistent with data reported under the Death in Custody Reporting Act of 2013 (34 U.S.C. 60105 et seq.), section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12104(a)(2)), which shall include standard and consistent definitions for terms, including the term ``use of force''. (b) Privacy Protections.--Nothing in section 101 or 102 shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''). SEC. 104. COMPLIANCE ASSISTANCE GRANTS. (a) In General.--The Attorney General may award grants to States and units of local government to assist in the collection of the information required to be reported under subsections (h) and (i) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by sections 101 and 102 of this Act, respectively. (b) Application.--A State or unit of local government seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Attorney General may require. (c) Amount of Grant.--Each grant awarded under this section shall be not more than $1,000,000. (d) Direct Appropriations.--For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2021, $112,000,000, to remain available until expended. SEC. 105. INCENTIVIZING BANNING OF CHOKEHOLDS. (a) Sense of Congress.--It is the sense of Congress that-- (1) chokeholds are extremely dangerous maneuvers that can easily result in serious bodily injury or death; (2) George Floyd's death has become a flashpoint to compel the need to address the use of chokeholds by law enforcement officers across the United States; (3) the National Consensus Policy on Use of Force, a collaborative effort among 11 of the most significant law enforcement leadership and labor organizations in the United States, concluded in a discussion paper on the use of force that chokeholds are extremely dangerous and recommended restricting their use, consistent with this section; and (4) law enforcement agencies throughout the United States must create policies that guard against the use of this maneuver to help prevent the death of civilians whom they encounter, and engender more trust and faith among law enforcement officers and the communities they serve. (b) Incentivizing Banning of Chokeholds.-- (1) COPS grant program eligibility.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381), as amended by section 501 of this Act, is amended by adding at the end the following: ``(o) Banning of Chokeholds.-- ``(1) Chokehold defined.--In this subsection, the term `chokehold' means a physical maneuver that restricts an individual's ability to breathe for the purposes of incapacitation. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of the JUSTICE Act, a State or unit of local government may not receive funds under this section for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government does not have an agency-wide policy in place for each law enforcement agency of the State or unit of local government that prohibits the use of chokeholds except when deadly force is authorized.''. (2) Byrne grant program eligibility.--Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as amended by section 102 of this Act, is amended by adding at the end the following: ``(j) Banning of Chokeholds.-- ``(1) Chokehold defined.--In this subsection, the term `chokehold' means a physical maneuver that restricts an individual's ability to breathe for the purposes of incapacitation. ``(2) Limitation on eligibility for funds.--Beginning in the first fiscal year beginning after the date of enactment of the JUSTICE Act, a State or unit of local government may not receive funds under this part for a fiscal year if, on the day before the first day of the fiscal year, the State or unit of local government does not have an agency-wide policy in place for each law enforcement agency of the State or unit of local government that prohibits the use of chokeholds except when deadly force is authorized.''. (c) Federal Law Enforcement Agencies.-- (1) Definition.--In this subsection, the term ``chokehold'' means a physical maneuver that restricts an individual's ability to breathe for the purposes of incapacitation. (2) Federal policy.--The Attorney General shall develop a policy for Federal law enforcement agencies that bans the use of chokeholds except when deadly force is authorized. (3) Requirement.--The head of each Federal law enforcement agency shall implement the policy developed under paragraph (2). SEC. 106. FALSIFYING POLICE INCIDENT REPORTS. (a) Sense of Congress.--It is the sense of Congress that-- (1) when a law enforcement officer commits an offense that deprives a citizen of their rights, privileges, and immunities protected under the Constitution and laws of the United States, that behavior is penalized to punish those involved and to deter future conduct; (2) where serious bodily injury or death results from the acts described in paragraph (1), punishment must be severe; (3) a law enforcement officer who intentionally submits a false police report in connection with an act described in paragraph (1) should also be punished severely; (4) false reporting described in paragraph (3) not only serves to conceal potential criminal conduct and obstruct the administration of justice, false reporting also undermines the trust and confidence that communities place in law enforcement agencies; (5) obstruction of justice is intolerable in any form, particularly in the form described in this subsection; (6) the deterioration of trust and confidence between law enforcement agencies and communities must be abated; and (7) severe penalties must be imposed for individuals who create false police reports in connection with criminal civil rights violations resulting in serious bodily injury or death. (b) Offense.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``SEC. 1041. FALSE REPORTING. ``(a) Offense.--It shall be unlawful for any person to knowingly and willfully falsify a police report in a material way with the intent to falsify, conceal, or cover up a material fact, in furtherance of the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States where death or serious bodily injury (as defined in section 1365) occurs. ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 20 years, or both.''. (c) Technical and Conforming Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1040 the following: ``1041. False reporting.''. (d) Sentencing Enhancement for Falsification of Police Reports.-- Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to ensure that the guidelines provide an additional penalty increase of not fewer than 4 offense levels if the defendant knowingly and willfully falsifies a report in a material way with the intent to falsify, conceal, or cover up a material fact, in furtherance of the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States where death or serious bodily injury occurs. TITLE II--BODY-WORN CAMERAS SEC. 201. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM. Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding at the end the following: ``SEC. 509. BODY-WORN CAMERA PARTNERSHIP GRANT PROGRAM. ``(a) Definitions.--In this section-- ``(1) the term `covered government' means a State, unit of local government, or Indian Tribe; ``(2) the term `Director' means the Director of the Bureau of Justice Assistance; and ``(3) the term `unit of local government', notwithstanding section 901, does not include an Indian Tribe. ``(b) Authorization of Grants.--The Director may make grants to eligible covered governments for use by the covered government for-- ``(1) the purchase of body-worn cameras; ``(2) necessary initial supportive technological infrastructure for body-worn cameras for law enforcement officers in the jurisdiction of the grantee; ``(3) the development of policies and procedures relating to the use of body-worn cameras; ``(4) training on the use of body-worn cameras; ``(5) the storage, retention, viewing, auditing, and release of footage from body-worn cameras; and ``(6) personnel, including law enforcement, prosecution, and criminal defense personnel, to support the administration of the body-worn camera program of the covered government. ``(c) Eligibility.-- ``(1) Application.--For a covered government to be eligible to receive a grant under this section, the chief executive officer of the covered government shall submit to the Director an application in such form and containing such information as the Director may require. ``(2) Policies and procedures assurances.--The application under paragraph (1) shall, as required by the Director, provide assurances that the covered government will establish policies and procedures in accordance with subsection (d). ``(d) Required Policies and Procedures.-- ``(1) In general.--A covered government receiving a grant under this section shall develop policies and procedures related to the use of body-worn cameras that-- ``(A) are developed with community input, including from prosecutors and organizations representing crime victims, in accordance with recognized best practices; ``(B) require that a body-worn camera be activated when a law enforcement officer arrests or detains any person in the course of the official duties of the officer, with consideration to sensitive cases; ``(C) apply discipline to any law enforcement officer who intentionally fails to ensure that a body- worn camera is engaged, functional, and properly secured at all times during which the camera is required to be worn; ``(D) require training for-- ``(i) the proper use of body-worn cameras; and ``(ii) the handling and use of the obtained video and audio recordings; ``(E) provide clear standards for privacy, data retention, and use for evidentiary purposes in a criminal proceeding, including in the case of an assault on a law enforcement officer; and ``(F) make footage available to the public in response to a valid request under an applicable freedom of information law if the footage can be made available-- ``(i) without compromising an ongoing investigation or revealing the identity of third parties, including victims, informants, or witnesses; and ``(ii) with consideration given to the rights of victims and surviving family members. ``(2) Publication.--A covered government receiving a grant under this section shall make all policies and procedures regarding body-worn cameras available on a public website. ``(3) Guidance.--The Director shall issue guidance to covered governments related to the requirements under paragraph (1). ``(e) Grant Amounts.-- ``(1) Minimum amount.-- ``(A) In general.--Each fiscal year, unless the Director has awarded a fully funded grant for each eligible application submitted by a State and any units of local government within the State under this section for the fiscal year, the Director shall allocate to the State and units of local government within the State for grants under this section an aggregate amount that is not less than 0.5 percent of the total amount appropriated for the fiscal year for grants under this section. ``(B) Certain territories.--For purposes of the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, subparagraph (A) shall be applied by substituting `0.25 percent' for `0.5 percent'. ``(2) Maximum amount.-- ``(A) Amount per covered government.--A covered government may not receive a grant under this section for a fiscal year in an amount that is greater than 5 percent of the total amount appropriated for grants under this section for the fiscal year. ``(B) Aggregate amount per state.--A State and each covered government within the State may not receive grants under this section for a fiscal year in an aggregate amount that is more than 20 percent of the total amount appropriated for grants under this section for the fiscal year. ``(f) Matching Funds.--The portion of the costs of a body-worn camera program provided by a grant under this section-- ``(1) may not exceed 50 percent; and ``(2) subject to subsection (e)(2), shall equal 50 percent if the grant is to a unit of local government with fewer than 100,000 residents. ``(g) Supplement, Not Supplant.--Funds made available under this section shall not be used to supplant covered government funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from covered government sources for the purposes of this section. ``(h) Reports to the Director.--A covered government that receives a grant under this section shall submit to the Director, for each year in which funds from a grant received under this section are expended, a report at such time and in such manner as the Director may reasonably require, that contains-- ``(1) a summary of the activities carried out under the grant and an assessment of whether the activities are meeting the needs identified in the grant application; and ``(2) such other information as the Director may require. ``(i) Reports to Congress.--Not later than 90 days after the end of a fiscal year for which grants are made under this section, the Director shall submit to Congress a report that includes-- ``(1) the aggregate amount of grants made under this section to each covered government for the fiscal year; ``(2) a summary of the information provided by covered governments receiving grants under this section; and ``(3) a description of the priorities and plan for awarding grants among eligible covered governments, and how the plan will ensure the effective use of body-worn cameras to protect public safety. ``(j) Direct Appropriations.--For the purpose of making grants under this section there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $500,000,000, to remain available until expended.''. SEC. 202. PENALTIES FOR FAILURE TO USE BODY-WORN CAMERAS. (a) Definition.--In this section, the term ``covered provision'' means-- (1) section 509 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 201; and (2) any other provision of law that makes funds available for the purchase of body-worn cameras. (b) Requirement.-- (1) States.--A State that receives funds under a covered provision shall-- (A) have a policy in place to apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera purchased using those funds is engaged, functional, and properly secured at all times during which the camera is required to be worn; and (B) ensure that any entity to which the State awards a subgrant under the covered provision has a policy in place to apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera purchased using those funds is engaged, functional, and properly secured at all times during which the camera is required to be worn. (2) Other entities.--An entity other than a State that receives funds under a covered provision shall have a policy in place to apply discipline to any law enforcement officer who intentionally fails to ensure that a body-worn camera purchased using those funds is engaged, functional, and properly secured at all times during which the camera is required to be worn. (c) Compliance.-- (1) Ineligibility for funds.-- (A) First fiscal year.-- (i) States.--For the first fiscal year beginning after the date of enactment of this Act in which a State fails to comply with subsection (b)(1), the State shall be subject to a 20-percent reduction of the funds that would otherwise be provided to the State under the applicable covered provision for that fiscal year. (ii) Other entities.--For the first fiscal year beginning after the date of enactment of this Act in which an entity other than a State fails to comply with subsection (b)(2), the entity shall be subject to a 20-percent reduction of the funds that would otherwise be allocated to the entity under the applicable covered provision for that fiscal year. (B) Subsequent fiscal years.-- (i) States.--Beginning in the first fiscal year beginning after the first fiscal year described in subparagraph (A)(i) in which a State fails to comply with subsection (b), the percentage by which the funds described in subparagraph (A)(i) are reduced shall be increased by 5 percent each fiscal year the State fails to comply with subsection (b), except that such reduction shall not exceed 25 percent in any fiscal year. (ii) Other entities.--Beginning in the first fiscal year beginning after the first fiscal year described in subparagraph (A)(i) in which a an entity other than a State fails to comply with subsection (b), the percentage by which the funds described in subparagraph (A)(ii) are reduced shall be increased by 5 percent each fiscal year the entity fails to comply with subsection (b), except that such reduction shall not exceed 25 percent in any fiscal year. (2) Reallocation.--Amounts not allocated under covered provision to a State or other entity for failure to comply with subsection (b) shall be reallocated under the covered provision to States or other entities that have complied with subsection (b). TITLE III--LAW ENFORCEMENT RECORDS RETENTION SEC. 301. LAW ENFORCEMENT RECORDS RETENTION. (a) In General.-- Part E of title I of the Omnibus Crime Control and Safe Streets Acts of 1968 (34 U.S.C. 10151 et seq.) is amended by adding at the end the following: ``Subpart 4--Law Enforcement Records Retention ``SEC. 531. LAW ENFORCEMENT RECORDS RETENTION. ``(a) Definitions.--In this section-- ``(1) the term `applicable covered system', with respect to a law enforcement agency, means the covered system of the covered government of which the law enforcement agency is part; ``(2) the term `covered government' means a State or unit of local government; ``(3) the term `covered system' means a system maintained by a covered government under subsection (b); and ``(4) the term `disciplinary record'-- ``(A) means any written document regarding an allegation of misconduct by a law enforcement officer that-- ``(i) is substantiated and is adjudicated by a government agency or court; and ``(ii) results in-- ``(I) adverse action by the employing law enforcement agency; or ``(II) criminal charges; and ``(B) does not include a written document regarding an allegation described in subparagraph (A) if the adjudication described in clause (i) of that subparagraph has been overturned on appeal. ``(b) Records Retention Requirements.-- ``(1) Records retention system.--A covered government that receives funds under this part shall maintain a system for sharing disciplinary records of law enforcement officers that meets the requirements under paragraph (2). ``(2) Requirements.--In administering a covered system, a covered government shall-- ``(A) retain each disciplinary record or internal investigation record regarding a law enforcement officer that is prepared by a law enforcement agency of the covered government; ``(B) retain a record of each award or commendation regarding a law enforcement officer that is prepared by a law enforcement agency of the covered government; ``(C) establish a policy that ensures that each record included in the covered system is retained and accessible for not less than 30 years; ``(D) allow a law enforcement officer, counsel for a law enforcement officer, or the representative organization of a law enforcement officer to-- ``(i) submit information to the covered system relating to a disciplinary record or internal investigation record regarding the law enforcement officer that is retained under subparagraph (A); or ``(ii) obtain access to the covered system in order to review a disciplinary record or internal investigation record described in clause (i); ``(E) allow any Federal, State, or local law enforcement agency to access any record included in the covered system for the purpose of making a decision to hire a law enforcement officer; ``(F) require that, before hiring a law enforcement officer, a representative of a law enforcement agency of the covered government with hiring authority-- ``(i) search the applicable covered system of each law enforcement agency that has employed the applicant as a law enforcement officer in order to determine whether the applicant has a disciplinary record, internal investigation record, or record of an award or commendation on file; and ``(ii) if a record described in clause (i) exists, review the record in full before hiring the law enforcement officer; and ``(G) prohibit access to the covered system by any individual other than an individual who is authorized to access the covered system for purposes of-- ``(i) submitting records or other information to the covered system as described in subparagraphs (A), (B), and (D); or ``(ii) reviewing records or other information in the covered system as described in subparagraphs (E) and (F). ``(c) Ineligibility for Funds.-- ``(1) In general.--A covered government may not receive funds under section 505, 506, 515, or 516 unless the covered government is in compliance with subsection (b) of this section. ``(2) Reallocation.--Amounts not allocated under a section referred to in paragraph (1) to a covered government for failure to comply with subsection (b) shall be reallocated under that section to covered governments that have complied with subsection (b). ``(d) One-Time Grant.-- ``(1) In general.--The Attorney General shall award a grant to each State, using an apportionment formula that reflects the differences between each State, to be used by the State and units of local government within the State to establish covered systems. ``(2) Amount.--The amount of a grant awarded to a State under paragraph (1) shall be not less than $1,000,000. ``(3) Direct appropriations.--For the purpose of making grants under this subsection, there is authorized to be appropriated, and there is appropriated, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until expended. ``(e) Indemnification.-- ``(1) In general.--The United States shall indemnify and hold harmless a covered government, and any law enforcement agency thereof, against any claim (including reasonable expenses of litigation or settlement) by any person or entity related to-- ``(A) the retention of records in a covered system as required under subsection (b); or ``(B) the review of records included in a covered system as required under subsection (b). ``(2) Limitation.--Paragraph (1) shall not apply to the release of a record-- ``(A) to a non-law enforcement entity or individual; or ``(B) for a purpose other than making a decision to hire a law enforcement officer.''. (b) Effective Date.--Section 531(c) of title I of the Omnibus Crime Control and Safe Streets Acts of 1968, as added by subsection (a), shall take effect on October 1 of the first fiscal year beginning after the date of enactment of this Act. TITLE IV--JUSTICE FOR VICTIMS OF LYNCHING SEC. 401. SHORT TITLE. This title may be cited as the ``Justice for Victims of Lynching Act of 2021''. SEC. 402. FINDINGS. Congress finds the following: (1) The crime of lynching succeeded slavery as the ultimate expression of racism in the United States following Reconstruction. (2) Lynching was a widely acknowledged practice in the United States until the middle of the 20th century. (3) Lynching was a crime that occurred throughout the United States, with documented incidents in all but 4 States. (4) At least 4,742 people, predominantly African Americans, were reported lynched in the United States between 1882 and 1968. (5) Ninety-nine percent of all perpetrators of lynching escaped from punishment by State or local officials. (6) Lynching prompted African Americans to form the National Association for the Advancement of Colored People (referred to in this section as the ``NAACP'') and prompted members of B'nai B'rith to found the Anti-Defamation League. (7) Mr. Walter White, as a member of the NAACP and later as the executive secretary of the NAACP from 1931 to 1955, meticulously investigated lynchings in the United States and worked tirelessly to end segregation and racialized terror. (8) Nearly 200 anti-lynching bills were introduced in Congress during the first half of the 20th century. (9) Between 1890 and 1952, 7 Presidents petitioned Congress to end lynching. (10) Between 1920 and 1940, the House of Representatives passed 3 strong anti-lynching measures. (11) Protection against lynching was the minimum and most basic of Federal responsibilities, and the Senate considered but failed to enact anti-lynching legislation despite repeated requests by civil rights groups, Presidents, and the House of Representatives to do so. (12) The publication of ``Without Sanctuary: Lynching Photography in America'' helped bring greater awareness and proper recognition of the victims of lynching. (13) Only by coming to terms with history can the United States effectively champion human rights abroad. (14) An apology offered in the spirit of true repentance moves the United States toward reconciliation and may become central to a new understanding, on which improved racial relations can be forged. (15) Having concluded that a reckoning with our own history is the only way the country can effectively champion human rights abroad, 90 Members of the United States Senate agreed to Senate Resolution 39, 109th Congress, on June 13, 2005, to apologize to the victims of lynching and the descendants of those victims for the failure of the Senate to enact anti- lynching legislation. (16) The National Memorial for Peace and Justice, which opened to the public in Montgomery, Alabama, on April 26, 2018, is the Nation's first memorial dedicated to the legacy of enslaved Black people, people terrorized by lynching, African Americans humiliated by racial segregation and Jim Crow, and people of color burdened with contemporary presumptions of guilt and police violence. (17) Notwithstanding the Senate's apology and the heightened awareness and education about the Nation's legacy with lynching, it is wholly necessary and appropriate for the Congress to enact legislation, after 100 years of unsuccessful legislative efforts, finally to make lynching a Federal crime. (18) Further, it is the sense of Congress that criminal action by a group increases the likelihood that the criminal object of that group will be successfully attained and decreases the probability that the individuals involved will depart from their path of criminality. Therefore, it is appropriate to specify criminal penalties for the crime of lynching, or any attempt or conspiracy to commit lynching. (19) The United States Senate agreed to unanimously Senate Resolution 118, 115th Congress, on April 5, 2017, ``ondemning hate crime and any other form of racism, religious or ethnic bias, discrimination, incitement to violence, or animus targeting a minority in the United States'' and taking notice specifically of Federal Bureau of Investigation statistics demonstrating that ``among single-bias hate crime incidents in the United States, 59.2 percent of victims were targeted due to racial, ethnic, or ancestral bias, and among those victims, 52.2 percent were victims of crimes motivated by the offenders' anti-Black or anti-African American bias''. (20) On September 14, 2017, President Donald J. Trump signed into law Senate Joint Resolution 49 (Public Law 115-58; 131 Stat. 1149), wherein Congress ``condemn the racist violence and domestic terrorist attack that took place between August 11 and August 12, 2017, in Charlottesville, Virginia'' and ``urg the President and his administration to speak out against hate groups that espouse racism, extremism, xenophobia, anti-Semitism, and White supremacy; and use all resources available to the President and the President's Cabinet to address the growing prevalence of those hate groups in the United States''. (21) Senate Joint Resolution 49 (Public Law 115-58; 131 Stat. 1149) specifically took notice of ``hundreds of torch- bearing White nationalists, White supremacists, Klansmen, and neo-Nazis chanted racist, anti-Semitic, and anti- immigrant slogans and violently engaged with counter- demonstrators on and around the grounds of the University of Virginia in Charlottesville'' and that these groups ``reportedly are organizing similar events in other cities in the United States and communities everywhere are concerned about the growing and open display of hate and violence being perpetrated by those groups''. (22) Lynching was a pernicious and pervasive tool that was used to interfere with multiple aspects of life--including the exercise of Federally protected rights, as enumerated in section 245 of title 18, United States Code, housing rights, as enumerated in section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631), and the free exercise of religion, as enumerated in section 247 of title 18, United States Code. Interference with these rights was often effectuated by multiple offenders and groups, rather than isolated individuals. Therefore, prohibiting conspiracies to violate each of these rights recognizes the history of lynching in the United States and serves to prohibit its use in the future. SEC. 403. LYNCHING. (a) Offense.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 250. Lynching ``Whoever conspires with another person to violate section 245, 247, or 249 of this title or section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) shall be punished in the same manner as a completed violation of such section, except that if the maximum term of imprisonment for such completed violation is less than 10 years, the person may be imprisoned for not more than 10 years.''. (b) Table of Sections Amendment.--The table of sections for chapter 13 of title 18, United States Code, is amended by inserting after the item relating to section 249 the following: ``250. Lynching.''. TITLE V--ALTERNATIVES TO THE USE OF FORCE, DE-ESCALATION, BEHAVIORAL HEALTH CRISES AND DUTY TO INTERVENE TRAINING SEC. 501. TRAINING ON ALTERNATIVES TO USE OF FORCE, DE-ESCALATION, AND BEHAVIORAL HEALTH CRISES. (a) Definitions.--Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended-- (1) in paragraph (27), by striking ``and'' at the end; (2) in paragraph (28), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(29) the term `de-escalation' means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary; and ``(30) the term `behavioral health crisis' means a situation in which the behavior of a person puts the person at risk of hurting himself or herself or others or prevents the person from being able to care for himself or herself or function effectively in the community, including a situation in which a person is under the influence of a drug or alcohol, is suicidal, or experiences symptoms of a mental illness.''. (b) COPS Program.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following: ``(n) Training in Alternatives to Use of Force, De-Escalation Techniques, and Behavioral Health Crises.-- ``(1) Training curricula.--The Attorney General, in consultation with relevant law enforcement agencies of States and units of local government, labor organizations, professional law enforcement organizations, and mental health organizations, shall develop training curricula in-- ``(A) alternatives to use of force and de- escalation tactics; and ``(B) safely responding to a person experiencing a behavioral health crisis, including techniques and strategies that are designed to protect the safety of the person experiencing the behavioral health crisis, law enforcement officers, and the public. ``(2) Certified programs.--The Attorney General shall establish a process to certify public and private entities that offer courses in alternatives to use of force, de-escalation tactics, and techniques and strategies for responding to a behavioral health crisis using the training curricula established under paragraph (1) or equivalents to the training curricula established under paragraph (1). ``(3) Transitional regional training programs for state and local agency personnel.--Until the end of fiscal year 2023, the Attorney General shall, and thereafter may, provide regional training to equip and certify personnel from law enforcement agencies of States and units of local government in a State to conduct training using the training curricula established under paragraph (1). ``(4) List.--The Attorney General shall publish a list of law enforcement agencies of States and units of local government that employ officers who have successfully completed a course described under paragraph (2) or (3), which shall include-- ``(A) the total number of law enforcement officers employed by the agency; ``(B) the number of officers who have completed the course; and ``(C) whether personnel from the law enforcement agency are certified to conduct training. ``(5) Direct appropriations.--For the purpose of making grants under this subsection there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $100,000,000, to remain available until expended.''. (c) Byrne JAG Program.--Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended-- (1) by redesignating section 508 as section 511; and (2) by inserting after section 507 the following: ``SEC. 508. LAW ENFORCEMENT TRAINING PROGRAMS. ``(a) Definitions.--In this section-- ``(1) the term `approved course in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis' means a course using the training curricula established under section 1701(n)(1) or equivalents to such training curricula-- ``(A) provided by the Attorney General under section 1701(n)(3); or ``(B) provided by a certified entity; and ``(2) the term `certified entity' means a public or private entity that has been certified by the Attorney General under section 1701(n)(2). ``(b) Authority.--The Attorney General shall, from amounts made available for this purpose under subsection (e), make grants to States for use by the State or a unit of government located in the State to-- ``(1) pay for costs associated with conducting the training and for attendance by law enforcement personnel at an approved course in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis; and ``(2) procure training in alternatives to use of force, de- escalation tactics, or techniques and strategies for responding to a behavioral health crisis from a certified entity. ``(c) Allocation of Funds.-- ``(1) In general.--Of the total amount appropriated to carry out this section for a fiscal year, the Attorney General shall allocate funds to each State in proportion to the total number of law enforcement officers in the State as compared to the total number of law enforcement officers in the United States. ``(2) Training for state law enforcement officers.--Each State may retain from the total amount of funds provided to the State for the purposes described in this section an amount that is not more than the amount that bears the same ratio to the total amount of funds as the ratio of-- ``(A) the total number of law enforcement officers employed by the State; to ``(B) the total number of law enforcement officers employed by the State and units of local government within the State. ``(3) Training for local law enforcement officers.--A State shall make available to units of local government in the State for the purposes described in this section the amounts remaining after a State retains funds under paragraph (2). At the request of a unit of local government, the State may use an amount of the funds allocated to the unit of local government under this paragraph to facilitate training in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis to law enforcement officers employed by the unit of local government. ``(d) Reporting.-- ``(1) Units of local government.--Any unit of local government that receives funds from a State under subsection (c)(3) shall submit to the State a report indicating-- ``(A) the number of law enforcement officers that have completed training described in this section; ``(B) the total number of law enforcement officers employed by the unit of local government; and ``(C) any barriers to providing the training. ``(2) States.--Any State that receives funds under subsection (c)(2) shall, after receiving the reports described in paragraph (1), submit to the Attorney General-- ``(A) such reports; and ``(B) a report by the State indicating-- ``(i) the number of law enforcement officers employed by the State that have completed training described in this section; ``(ii) the total number of law enforcement officers employed by the State; and ``(iii) any barriers to providing the training. ``(e) Direct Appropriations.--For the purpose of making grants under this section there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $250,000,000, to remain available until expended.''. SEC. 502. TRAINING ON DUTY TO INTERVENE. Subpart 1 of part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), as amended by section 201, is amended by adding at the end the following: ``SEC. 510. TRAINING ON DUTY TO INTERVENE. ``(a) Training Program.-- ``(1) In general.--The Attorney General, in consultation with relevant law enforcement agencies of States and units of local governments and organizations representing rank and file law enforcement officers, shall develop a training curriculum for law enforcement agencies and officers on the development, implementation, fulfillment, and enforcement of a duty of a law enforcement officer to intervene when another law enforcement officer is engaged in excessive use of force. ``(2) Certified programs.--The Attorney General shall establish a process to certify public and private entities that offer courses on the duty to intervene that are equivalent to the training curriculum established under paragraph (1). ``(3) Transitional regional training programs.--Until the end of fiscal year 2023, the Attorney General shall provide regional training workshops for law enforcement officers of States and units of local government, using the training curriculum established under paragraph (1). ``(4) List.--The Attorney General shall publish a list of law enforcement agencies of States and units of local government that employ officers who have successfully completed a course described under paragraph (2) or (3), which shall include the total number of law enforcement officers employed by the agency and the number of officers who have completed the course. ``(b) Grant Program.-- ``(1) Authorization.--The Attorney General may make grants to State and local law enforcement agencies to-- ``(A) pay for costs associated with attendance by law enforcement personnel at a training course approved by the Attorney General under paragraph (2) or (3) of subsection (a); and ``(B) procure training in the duty to intervene from a public or private entity certified under subsection (a)(2). ``(2) Application.--Each State or local law enforcement agency seeking a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require. ``(c) Direct Appropriations.--For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $500,000,000, to remain available until expended.''. TITLE VI--NATIONAL CRIMINAL JUSTICE COMMISSION ACT SEC. 601. SHORT TITLE. This title may be cited as the ``National Criminal Justice Commission Act of 2021''. SEC. 602. FINDINGS. Congress finds that-- (1) it is in the interest of the United States to establish a commission to undertake a comprehensive review of the criminal justice system; (2) there has not been a comprehensive study since the President's Commission on Law Enforcement and Administration of Justice was established in 1965; (3) in a span of 18 months, the President's Commission on Law Enforcement and Administration of Justice produced a comprehensive report entitled ``The Challenge of Crime in a Free Society'', which contained 200 specific recommendations on all aspects of the criminal justice system involving-- (A) Federal, State, Tribal, and local governments; (B) civic organizations; (C) religious institutions; (D) business groups; and (E) individual citizens; and (4) developments over the intervening 50 years require once again that Federal, State, Tribal, and local governments, law enforcement agencies, including rank and file officers, civil rights organizations, community-based organization leaders, civic organizations, religious institutions, business groups, and individual citizens come together to review evidence and consider how to improve the criminal justice system. SEC. 603. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Criminal Justice Commission'' (referred to in this title as the ``Commission''). SEC. 604. PURPOSE OF THE COMMISSION. The Commission shall-- (1) undertake a comprehensive review of the criminal justice system; (2) submit to the President and Congress recommendations for Federal criminal justice reform; and (3) disseminate findings and supplemental guidance to the Federal Government, as well as to State, local, and Tribal governments. SEC. 605. REVIEW, RECOMMENDATIONS, AND REPORT. (a) General Review.--The Commission shall undertake a comprehensive review of all areas of the criminal justice system, including the criminal justice costs, practices, and policies of the Federal, State, local, and Tribal governments. (b) Recommendations.-- (1) In general.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall submit to the President and Congress recommendations for changes in Federal oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure the interests of justice at every step of the criminal justice system. (2) Unanimous consent.--If a unanimous vote of the members of the Commission at a meeting where a quorum is present pursuant to section 606(d) approves a recommendation of the Commission, the Commission may adopt and submit the recommendation under paragraph (1). (3) Public access.--The recommendations submitted under this subsection shall be made available to the public. (c) Report.-- (1) In general.--Not later than 18 months after the date of the first meeting of the Commission, the Commission shall disseminate to the Federal Government, as well as to State, local, and Tribal governments, a report that details the findings and supplemental guidance of the Commission regarding the criminal justice system at all levels of government. (2) Majority vote.--If a majority vote of the members of the Commission approves a finding or supplemental guidance at a meeting where a quorum is present pursuant to section 606(d), the finding or supplemental guidance may be adopted and included in the report required under paragraph (1). (3) Dissents.--In the case of a member of the Commission who dissents from a finding or supplemental guidance approved by a majority vote under paragraph (2), the member may state the reason for the dissent in writing and the report described in paragraph (1) shall include the dissent. (4) Public access.--The report submitted under this subsection shall be made available to the public. (d) Prior Commissions.--The Commission shall take into consideration the work of prior relevant commissions in conducting the review of the Commission. (e) State and Local Governments.--In issuing the recommendations and report of the Commission under this section, the Commission shall not infringe on the legitimate rights of the States to determine the criminal laws of the States or the enforcement of such laws. (f) Public Hearings.--The Commission shall conduct public hearings in various locations around the United States. (g) Consultation With Government and Nongovernment Representatives.-- (1) In general.--The Commission shall-- (A) closely consult with Federal, State, local, and Tribal governments and nongovernment leaders, including-- (i) State, local, and Tribal law enforcement officials, including rank and file officers; (ii) legislators; (iii) public health officials; (iv) judges; (v) court administrators; (vi) prosecutors; (vii) defense counsel; (viii) victims' rights organizations; (ix) probation and parole officials; (x) criminal justice planners; (xi) criminologists; (xii) civil rights and liberties organizations; (xiii) community-based organization leaders; (xiv) formerly incarcerated individuals; (xv) professional organizations; and (xvi) corrections officials; and (B) include in the final report required under subsection (c) summaries of the input and recommendations of the leaders consulted under subparagraph (A). (2) United states sentencing commission.--To the extent the review and recommendations required by this section relate to sentencing policies and practices for the Federal criminal justice system, the Commission shall conduct the review in consultation with the United States Sentencing Commission. (h) Sense of Congress on Unanimity.--It is the sense of Congress that, given the national importance of the matters before the Commission-- (1) the Commission should work toward developing findings and supplemental guidance that are unanimously supported by the members of the Commission; and (2) a finding or supplemental guidance unanimously supported by the members of the Commission should take precedence over a finding or supplemental guidance that is not unanimously supported. SEC. 606. MEMBERSHIP. (a) In General.--The Commission shall be composed of 14 members, as follows: (1) The President shall appoint 1 member, who shall serve as a co-chairperson of the Commission. (2) The co-chairperson described in paragraph (1) shall appoint 6 members in consultation with the leadership of-- (A) the Senate and House of Representatives of the same political party as the President; (B) the Committee on the Judiciary of the House of Representatives of the same political party as the President; and (C) the Committee on the Judiciary of the Senate of the same political party as the President. (3) The leader of the Senate, in consultation with the leader of the House of Representatives who is a member of the opposite party of the President, shall appoint 1 member, who shall serve as a co-chairperson of the Commission. (4) The co-chairperson described in paragraph (3) shall appoint 6 members in consultation with the leadership of-- (A) the Senate and House of Representatives of the opposite political party as the President; (B) the Committee on the Judiciary of the House of Representatives of the opposite political party as the President; and (C) the Committee on the Judiciary of the Senate of the opposite political party as the President. (b) Membership.-- (1) In general.--A member shall be appointed based upon knowledge or experience in a relevant area, including-- (A) law enforcement; (B) criminal justice; (C) national security; (D) prison and jail administration; (E) prisoner reentry; (F) public health, including-- (i) physical and sexual victimization; (ii) drug addiction; or (iii) mental health; (G) the rights of victims; (H) civil rights; (I) civil liberties; (J) court administration; (K) social services; or (L) State, local, or Tribal government. (2) Law enforcement representation.-- (A) Members appointed by the co-chairpersons.--Of the 6 members appointed by the co-chairperson under subsection (a)(2)-- (i) not fewer than 2 shall be representatives from Federal, State, or local law enforcement agencies, including not less than 1 representative from a rank and file organization; and (ii) not fewer than 1 shall be a representative from a Tribal law enforcement agency. (B) Other members.--Of the 6 members appointed under subsection (a)(4)-- (i) not fewer than 2 shall be representatives of Federal, State, or local law enforcement agencies, including not less than 1 representative from a rank and file organization; and (ii) not fewer than 1 shall be a representative from a Tribal law enforcement agency. (3) Disqualification.--If an individual possesses a personal financial interest in the discharge of a duty of the Commission, the individual may not be appointed as a member of the Commission. (4) Terms.--A member shall be appointed for the duration of the Commission. (c) Appointments and First Meeting.-- (1) Appointments.--Each member of the Commission shall be appointed not later than 45 days after the date of enactment of this Act. (2) First meeting.--The Commission shall hold the first meeting of the Commission on the date, whichever is later, that is not later than-- (A) 60 days after the date of enactment of this Act; or (B) 30 days after the date on which funds are made available for the Commission. (3) Ethics.--At the first meeting of the Commission, the Commission shall-- (A) draft appropriate ethics guidelines for members and staff of the Commission, including guidelines relating to-- (i) conflict of interest; and (ii) financial disclosure; (B) consult with the Committees on the Judiciary of the Senate and the House of Representatives as a part of drafting the guidelines; and (C) provide each Committee described in subparagraph (B) with a copy of the guidelines completed under subparagraph (A). (d) Meetings, Quorum, and Vacancies.-- (1) Meetings.--The Commission shall meet at the call of-- (A) the co-chairpersons; or (B) a majority of the members of the Commission. (2) Quorum.--Except as provided in paragraph (3)(B), a majority of the members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (3) Vacancies.-- (A) In general.--A vacancy in the Commission shall not affect a power of the Commission, and the vacancy shall be filled in the same manner in which the original appointment was made. (B) Quorum.--In the case of a vacancy occurring after the date that is 45 days after the date of enactment of this Act, until the date on which the vacancy is filled, a majority of the members of the Commission shall constitute a quorum if-- (i) not fewer than 1 member of the Commission appointed under paragraph (1) or (2) of subsection (a) is present; and (ii) not fewer than 1 member of the Commission appointed under paragraph (3) or (4) of subsection (a) is present. (e) Actions of the Commission.-- (1) In general.--The Commission-- (A) shall, subject to section 605, act by a resolution agreed to by a majority of the members of the Commission voting and present; and (B) may establish a panel composed of less than the full membership of the Commission for purposes of carrying out a duty of the Commission under this title, which-- (i) shall be subject to the review and control of the Commission; and (ii) may make a finding or determination that may be considered a finding or determination of the Commission if the finding or determination is approved by the Commission. (2) Delegation.--If authorized by the co-chairpersons of the Commission, a member, agent, or staff member of the Commission may take an action that the Commission may take under this title. SEC. 607. ADMINISTRATION. (a) Staff.-- (1) Executive director.--The Commission shall have a staff headed by an Executive Director, who shall be paid at a rate established for the Certified Plan pay level for the Senior Executive Service under section 5382 of title 5, United States Code. (2) Appointments and compensation.--The co-chairpersons of the Commission shall designate and fix the compensation of the Executive Director and, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Personnel as federal employees.-- (A) In general.--The Executive Director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title 5. (B) Members of the commission.--Subparagraph (A) shall not be construed to apply to members of the Commission. (4) The compensation of members.-- (A) Non-federal employees.--A member of the commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board. (B) Federal employees.--A member of the commission who is an officer or employee of the Federal Government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the Federal Government. (5) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular places of business of the member in the performance of services for the Commission. (b) Experts and Consultants.--With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Detail of Government Employees.--Upon the request of the Commission, a Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (d) Other Resources.-- (1) In general.--The Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from-- (A) the Library of Congress; (B) the Department of Justice; (C) the Office of National Drug Control Policy; (D) the Department of State; and (E) other agencies of the executive or legislative branch of the Federal Government. (2) Requests for resources.--The co-chairpersons of the Commission shall make requests for the access described in paragraph (1) in writing when necessary. (e) Volunteer Services.--Notwithstanding section 1342 of title 31, United States Code, the Commission-- (1) may-- (A) accept and use the services of an individual volunteering to serve without compensation; and (B) reimburse the individual described in subparagraph (A) for local travel, office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code; and (2) shall consider the individual described in paragraph (1) an employee of the Federal Government in performance of those services for the purposes of-- (A) chapter 81 of title 5, United States Code, relating to compensation for work-related injuries; (B) chapter 171 of title 28, United States Code, relating to tort claims; and (C) chapter 11 of title 18, United States Code, relating to conflicts of interest. (f) Obtaining Official Data.-- (1) In general.--Except as provided in paragraph (3), the Commission may directly secure from an agency of the United States information necessary to enable the Commission to carry out this title. (2) Procedures.--Upon the request of the co-chairpersons of the Commission, the head of the agency shall furnish any information requested under paragraph (1) to the Commission. (3) Sensitive information.--The Commission may not have access to sensitive information regarding ongoing investigations. (g) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (h) Biannual Reports.--The Commission shall submit biannual status reports to Congress regarding-- (1) the use of resources; (2) salaries; and (3) all expenditures of appropriated funds. (i) Contracts.-- (1) In general.--The Commission may enter into a contract with a Federal or State agency, a private firm, an institution, or an individual for the conduct of an activity necessary to the discharge of a duty or responsibility of the Commission. (2) Timing.--A contract, lease, or other legal agreement the Commission enters into may not extend beyond the date of the termination of the Commission. (j) Gifts.--The Commission may accept, use, or dispose of a gift or donation of a service or property. (k) Administrative Assistance.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out the responsibilities of the Commission under this title, which may include-- (1) human resource management; (2) budget; (3) leasing; (4) accounting; or (5) payroll services. (l) Non-Applicability of FACA and Public Access to Meetings and Minutes.-- (1) In general.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Meetings and minutes.-- (A) Meetings.-- (i) Administration.--Each meeting of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code. (ii) Interested individuals.--An interested individual may-- (I) appear at an open meeting; (II) present an oral or written statement on the subject matter of the meeting; and (III) be administered an oath or affirmation. (iii) Notice.--Each open meeting of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (B) Minutes and public access.-- (i) Minutes.--Minutes of each open meeting shall be kept and shall contain a record of-- (I) the people present; (II) a description of the discussion that occurred; and (III) a copy of each statement filed. (ii) Public access.--The minutes and records of each open meeting and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. (m) Archiving.--Not later than the date described in section 609, all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives. SEC. 608. DIRECT APPROPRIATIONS. (a) In General.--For the purpose of carrying out this title, there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $14,000,000, to remain available until expended. (b) Limitation.--None of the funds provided by this section may be used for international travel. SEC. 609. SUNSET. The Commission shall terminate 60 days after the date on which the Commission submits the report required under section 605(c) to Congress. TITLE VII--LAW ENFORCEMENT AGENCY HIRING AND EDUCATION Subtitle A--Hiring SEC. 701. LAW ENFORCEMENT AGENCY HIRING. Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381(b)) is amended-- (1) by redesignating paragraphs (22) and (23) as paragraphs (23) and (24), respectively; (2) in paragraph (23), as so redesignated, by striking ``(21)'' and inserting ``(22)''; and (3) by inserting after paragraph (21) the following: ``(22) for a law enforcement agency that has a substantially different racial and ethnic demographic makeup than the community served by the agency, to hire recruiters and enroll law enforcement officer candidates in law enforcement academies to become career law enforcement officers who have racial and ethnic demographic characteristics similar to the community;''. SEC. 702. REAUTHORIZATION OF LAW ENFORCEMENT GRANT PROGRAMS. (a) Edward Byrne Memorial Justice Assistance Grant Program.-- Section 511 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351; 82 Stat. 197), as so redesignated by this Act, is amended by striking ``this subpart $1,095,000,000 for each of the fiscal years 2006 through 2012'' and inserting ``this subpart, including sections 508, 509, and 510, $800,000,000 for each of fiscal years 2021 through 2025''. (b) Reauthorization of Cops on the Beat Grant Program.--Section 1001(a)(11)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(11)(A)) is amended by striking ``part Q, to remain available until expended $1,047,119,000 for each of fiscal years 2006 through 2009'' and inserting ``part Q, including section 1701(n), to remain available until expended $400,000,000 for each of fiscal years 2021 through 2025''. Subtitle B--Training SEC. 711. DEFINITIONS. In this subtitle: (1) Director.--The term ``Director'' means the Director of the National Museum of African American History and Culture. (2) Eligible program participant.--The term ``eligible program participant'' means a Federal, State, or local law enforcement officer or recruiter, or a candidate in a law enforcement academy. SEC. 712. PROGRAM AUTHORIZED. (a) Direct Appropriations.--For the purpose of carrying out this subtitle, there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $10,000,000, to remain available until expended. (b) Donations, Gifts, Bequests, and Devises of Property.--In accordance with chapter 23 of title 36, United States Code, and in furtherance of the purposes of this subtitle, the Director is authorized to solicit, accept, hold, administer, invest, and use donated funds and gifts, bequests, and devises of property, both real and personal. (c) Use of Funds.--The Director, using funds appropriated under subsection (a) and resources received under subsection (b), including through the engagement of eligible program participants as appropriate and in consultation with the National Law Enforcement Museum-- (1) shall develop and nationally disseminate a curriculum to educate eligible program participants on the history of racism in the United States; and (2) shall carry out education program training for eligible program participants that focuses on-- (A) racial reconciliation with the goal of understanding the history of racism in America; (B) improving relationships between law enforcement and the communities they serve; and (C) training eligible program participants who can effectively train their law enforcement peers in their State and communities. (d) Applications.--The Director may seek the engagement of an eligible program participant under subsection (c) by requiring submission of an application to the Director at such time, in such manner, and based on such competitive criteria as the Director may require. SEC. 713. ONLINE EDUCATION RESOURCES. (a) Website.--The Director shall maintain on the website of the National Museum of African American History and Culture a special section designated for education resources to improve awareness and understanding of the history of racism in the United States and to promote racial reconciliation through best practices to improve relations between law enforcement and the communities they serve. The website and resources shall be made publicly available. (b) Information Distribution.--The Director shall distribute information about the activities funded under this subtitle through the website of the National Museum of African American History and Culture, and shall respond to inquiries for supplementary information concerning such activities. (c) Best Practices.--The information distributed by the Director shall include best practices for educators. SEC. 714. NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE COUNCIL. The National Museum of African American History and Culture Council established under section 5 of the National Museum of African American History and Culture Act (20 U.S.C. 80r-3), shall have governance responsibility for the programs and activities carried out under this subtitle in accordance with the National Museum of African American History and Culture Act (20 U.S.C. 80r). SEC. 715. ENGAGEMENT OF ELIGIBLE PROGRAM PARTICIPANTS. (a) In General.--An eligible program participant shall be engaged at the discretion of the Director to participate in education program activities authorized under this subtitle and approved by the Director pursuant to an application described in section 712(d). (b) Engagement Period.--Engagement of eligible program participants under this subtitle shall be for a period determined by the Director. (c) Priority.--In engaging eligible program participants under section 712, the Director shall give priority to applications from such participants who work for a Federal, State, or local law enforcement agency that does not, at the time application is made, offer any education programming on the history of racism or best practices to improve race relations between law enforcement and the communities they serve. SEC. 716. ANNUAL REPORT. Not later than February 1 of each year, the Director shall submit to the Congress a report describing the activities carried out under this subtitle. TITLE VIII--BEST PRACTICES AND STUDIES SEC. 801. BEST PRACTICES. (a) In General.--The National Criminal Justice Commission established under title VIII (referred to in this title as the ``Commission'') shall-- (1) develop recommended best practices guidelines to ensure fair and effective policing tactics and procedures that encourage equitable justice, community trust, and law enforcement officer safety; (2) include the recommended best practices described in paragraph (1) in the recommendations of the Commission required under section 705; and (3) best practices for developing standards for law enforcement officer due process. (b) Requirements.--The best practices required to be developed under subsection (a) shall include-- (1) best practices for the hiring, firing, suspension, and discipline of law enforcement officers; and (2) best practices for community transparency and optimal administration of a law enforcement agency. SEC. 802. STUDY. (a) In General.--The Commission shall conduct a study on the establishment and operation of use of force review boards by States and units of local government, wherein citizens can assist law enforcement agencies in reviewing use of force incidents. (b) Inclusion in Commission Recommendations.--The Commission shall include a report on the study conducted under subsection (a), which shall include recommendations, if any, for best practices for State and local use of force review boards, as well as best practices for developing standards for law enforcement officer due process, in the recommendations of the Commission required under section 705. SEC. 803. MENTAL HEALTH STUDY. (a) In General.--The Commission shall conduct a study on law enforcement officer training, crisis intervention teams, co-responder programs, personnel requirements, Federal resources, and pilot programs needed to improve nationwide law enforcement officer engagement on issues related to mental health, homelessness, and addiction. (b) Inclusion in Commission Recommendations.--The Commission shall include a report on the study conducted under subsection (a), which shall include recommendations, if any, in the recommendations of the Commission required under section 705. SEC. 804. STUDY AND PROPOSAL ON IMPROVING ACCOUNTABILITY FOR DOJ GRANTS. (a) Definitions.--In this section-- (1) the term ``covered grant'' means a grant awarded under a covered grant program; and (2) the term ``covered grant program'' means-- (A) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); (B) the ``Cops on the Beat'' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.); and (C) any other grant program administered by the Attorney General that provides funds to law enforcement agencies. (b) Study and Proposal.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall study, and submit to Congress a proposal regarding, the possible implementation of a method to improve accountability for law enforcement agencies that receive funds from covered grant programs. (c) Contents.--In carrying out subsection (b), the Attorney General shall develop discrete performance metrics for law enforcement agencies that apply for and receive funds from covered grant programs, the parameters of which shall-- (1) establish benchmarks of progress, measured on a semiannual or annual basis, as appropriate; (2) require annual accounting by a recipient of a covered grant of the progress made toward each benchmark described in paragraph (1); and (3) provide that-- (A) the failure to achieve a benchmark described in paragraph (1) shall constitute a violation of the grant agreement; (B) if a recipient does not cure a violation by achieving the applicable benchmark not later than 90 days after the date of the violation, the recipient shall return the amounts of the covered grant to the Attorney General; and (C) a law enforcement agency that violates a grant agreement may not apply for a covered grant for a period of 1 year. TITLE IX--CLOSING THE LAW ENFORCEMENT CONSENT LOOPHOLE ACT SEC. 901. PROHIBITION ON ENGAGING IN SEXUAL ACTS WHILE ACTING UNDER COLOR OF LAW. (a) In General.--Section 2243 of title 18, United States Code, is amended-- (1) in the section heading, by adding at the end the following: ``or by any person acting under color of law''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: ``(c) Of an Individual by Any Person Acting Under Color of Law.-- ``(1) In general.--Whoever, acting under color of law, knowingly engages in a sexual act with an individual who has been arrested by, is detained by, or is in custody of any Federal law enforcement officer, shall be fined under this title, imprisoned not more than 15 years, or both. ``(2) Definition.--In this subsection, the term `sexual act' has the meaning given the term in section 2246.''; and (4) in subsection (d), as so redesignated, by adding at the end the following: ``(3) In a prosecution under subsection (c), it is not a defense that the other individual consented to the sexual act.''. (b) Abusive Sexual Contact.--Section 2244(a) of title 18, United States Code, is amended by-- (1) in paragraph (4), by striking ``or'' at the end; (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: ``(5) subsection (c) of section 2243 of this title had the sexual contact been a sexual act, shall be fined under this title, imprisoned not more than 15 years, or both; or''. (c) Definition.--Section 2246 of title 18, United States Code, is amended-- (1) in paragraph (5), by striking ``and'' at the end; (2) in paragraph (6), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (6) the following: ``(7) the term `Federal law enforcement officer' has the meaning given the term in section 115.''. (d) Clerical Amendment.--The table of sections for chapter 109A of title 18, United States Code, is amended by amending the item related to section 2243 to read as follows: ``2243. Sexual abuse of a minor or ward or by any person acting under color of law.''. SEC. 902. INCENTIVE FOR STATES. (a) Authority To Make Grants.--The Attorney General is authorized to make grants to States that have in effect a law that-- (1) makes it a criminal offense for any person acting under color of law of the State to engage in a sexual act (as defined in section 2246 of title 18, United States Code) with an individual who has been arrested by, is detained by, or is in custody of any law enforcement officer; and (2) prohibits a person charged with an offense described in paragraph (1) from asserting the consent of the other individual as a defense. (b) Reporting Requirement.--A State that receives a grant under this section shall submit to the Attorney General, on an annual basis, information on-- (1) the number of reports made to law enforcement agencies in that State regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) while acting under color of law during the previous year; and (2) the disposition of each case in which sexual misconduct by a person acting under color of law was reported during the previous year. (c) Application.--A State seeking a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require, including information about the law described in subsection (a). (d) Grant Amount.--The amount of a grant to a State under this section shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to as the ``STOP Violence Against Women Formula Grant Program''). (2) Section 41601 of the Violence Against Women Act of 1994 (34 U.S.C. 12511) (commonly referred to as the ``Sexual Assault Services Program''). (e) Grant Term.-- (1) In general.--The Attorney General shall provide an increase in the amount provided to a State under the grant programs described in subsection (d) for a 2-year period. (2) Renewal.--A State that receives a grant under this section may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (3) Limit.--A State may not receive a grant under this section for more than 4 years. (f) Uses of Funds.--A State that receives a grant under this section shall use-- (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of subsection (d); and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of subsection (d). (g) Direct Appropriations.--For the purpose of making grants under this section, there is authorized to be appropriated, and there is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, $25,000,000, to remain available until expended. (h) Definition.--For purposes of this section, the term ``State'' means each of the several States and the District of Columbia, Indian Tribes, and the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Northern Mariana Islands. SEC. 903. REPORTS TO CONGRESS. (a) Report by Attorney General.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall submit to Congress a report containing-- (1) the information required to be reported to the Attorney General under section 902(b); and (2) information on-- (A) the number of reports made, during the previous year, to Federal law enforcement agencies regarding persons engaging in a sexual act (as defined in section 2246 of title 18, United States Code) while acting under color of law; and (B) the disposition of each case in which sexual misconduct by a person acting under color of law was reported. (b) Report by GAO.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Comptroller General of the United States shall submit to Congress a report on any violations of section 2243(c) of title 18, United States Code, as amended by section 901, committed during the 1-year period covered by the report. TITLE X--EMERGENCY FUNDING SEC. 1001. EMERGENCY DESIGNATION. (a) In General.--The amounts provided under this Act, or an amendment made by this Act, are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)). (b) Designation in Senate.--In the Senate, this Act, and the amendments made by this Act, is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. all
H.R. 678 (Engrossed in House) - Preserving Home and Office Numbers in Emergencies Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr678eh/html/BILLS-117hr678eh.htm	DOC 117th CONGRESS 1st Session H. R. 678 _______________________________________________________________________ AN ACT To amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Home and Office Numbers in Emergencies Act of 2021'' or the ``PHONE Act of 2021''. SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION. (a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following: ``(5) Moratorium on number reassignment after disaster declaration.-- ``(A) In general.--In the case of a number assigned to a subscriber for the provision of fixed wireline voice service at a location in a designated area during a covered period-- ``(i) the number may not be reassigned, except at the request of the subscriber; and ``(ii) the assignment of the number may not be rescinded or otherwise modified, except at the request of the subscriber. ``(B) Extension at request of subscriber.--During the covered period, at the request of a subscriber described in subparagraph (A), the prohibition in subparagraph (A) shall be extended for the number for 1 year after the date on which the covered period expires. ``(C) Subscriber right to cancel and resubscribe.-- ``(i) In general.--In the case of a number described under subparagraph (A) or (B), if the subscriber assigned to such number demonstrates to the provider of the service (or, under subclause (II), any other provider of fixed wireline voice service that serves the local area) that the residence where the number is located is inaccessible or uninhabitable-- ``(I) the provider may not charge the subscriber an early termination or other fee in connection with the cancellation of such service, if cancelled during the covered period or the extension of the period described in subparagraph (B); and ``(II) if the subscriber cancels the service during the covered period or the extension of the period described in subparagraph (B), the provider (or any other provider of fixed wireline voice service that serves the local area)-- ``(aa) shall permit the subscriber to subscribe or resubscribe, as the case may be, to fixed wireline voice service with the number at the residence or at a different residence (if such number is available in the location of such different residence); and ``(bb) may not charge the subscriber a connection fee or any other fee relating to the initiation of fixed wireline voice service. ``(ii) Cancellation without demonstration of inaccessibility or uninhabitability.--If a subscriber cancels the provision of service assigned to a number described in subparagraph (A) or (B) and does not demonstrate to the provider of such service that the residence where the number is located is inaccessible or uninhabitable as described under clause (i), the number is no longer subject to the prohibition under subparagraph (A) or (B). ``(D) Identification on commission website.--The Commission shall publicly identify on the website of the Commission each designated area that is in a covered period, not later than 15 days after the submission of a public designation by a State under subparagraph (E)(iii) with respect to such area. In identifying a designated area under subparagraph (E)(iii), a State shall consult with providers of fixed wireline voice service that serve such area and coordinate with the Federal Emergency Management Agency to reasonably limit the designated area to areas that have sustained covered damage. ``(E) Definitions.--In this paragraph: ``(i) Covered damage.--The term `covered damage' means, with respect to an area-- ``(I) damage that renders residences in such area inaccessible or uninhabitable; or ``(II) damage that otherwise results in the displacement of subscribers from or within such area. ``(ii) Covered period.--The term `covered period' means a period that-- ``(I) begins on the date of a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to a designated area; and ``(II) ends on the date that is 1 year after such date. ``(iii) Designated area.--The term `designated area' means a geographic area for which a State has submitted a public designation to the Commission, within 15 days after a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to such area, stipulating that the State has determined that-- ``(I) covered damage was sustained in such area; and ``(II) the prohibitions described in this paragraph are necessary and in the public interest. ``(iv) Voice service.--The term `voice service' has the meaning given the term `voice service' in section 227(e)(8).''. (b) Amendment of FCC Rules Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall amend its rules to reflect the requirements of paragraph (5) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a). (c) Applicability.--Paragraph (5) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a), shall apply with respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 180 days after the date on which the Commission announces that the Commission is capable of publicly identifying a designated area on the website of the Commission under subparagraph (D) of such paragraph (5). (d) Order of Amendment Execution.--If this Act is enacted before October 17, 2021, section 3(a) of the National Suicide Hotline Designation Act of 2020 (Public Law 116-172) is amended, effective on the date of the enactment of this Act, by striking ``adding at the end'' and inserting ``inserting after paragraph (3)'', so that the paragraph (4) that is to be added by such section to section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) appears after paragraph (3) of such section 251(e) and before the paragraph (5) added to such section 251(e) by subsection (a) of this section. Passed the House of Representatives July 20, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 678 _______________________________________________________________________ AN ACT To amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes.
H.R. 678 (Introduced in House) - Preserving Home and Office Numbers in Emergencies Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr678ih/html/BILLS-117hr678ih.htm	DOC 117th CONGRESS 1st Session H. R. 678 To amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Thompson of California (for himself, Mr. Newhouse, Ms. Brownley, Ms. Eshoo, Mr. Garamendi, Ms. Garcia of Texas, Mr. Huffman, Ms. Jackson Lee, Ms. Kuster, Mrs. Luria, Ms. Matsui, Mr. McNerney, Ms. Norton, Mr. Rutherford, Ms. Titus, Mr. Weber of Texas, and Mr. Carson) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Home and Office Numbers in Emergencies Act of 2021'' or the ``PHONE Act of 2021''. SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION. (a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following: ``(5) Moratorium on number reassignment after disaster declaration.-- ``(A) In general.--In the case of a number assigned to a subscriber for the provision of fixed wireline voice service at a location in a designated area during a covered period-- ``(i) the number may not be reassigned, except at the request of the subscriber; and ``(ii) the assignment of the number may not be rescinded or otherwise modified, except at the request of the subscriber. ``(B) Extension at request of subscriber.--During the covered period, at the request of a subscriber described in subparagraph (A), the prohibition in subparagraph (A) shall be extended for the number for 1 year after the date on which the covered period expires. ``(C) Subscriber right to cancel and resubscribe.-- ``(i) In general.--In the case of a number described under subparagraph (A) or (B), if the subscriber assigned to such number demonstrates to the provider of the service (or, under subclause (II), any other provider of fixed wireline voice service that serves the local area) that the residence where the number is located is inaccessible or uninhabitable-- ``(I) the provider may not charge the subscriber an early termination or other fee in connection with the cancellation of such service, if cancelled during the covered period or the extension of the period described in subparagraph (B); and ``(II) if the subscriber cancels the service during the covered period or the extension of the period described in subparagraph (B), the provider (or any other provider of fixed wireline voice service that serves the local area)-- ``(aa) shall permit the subscriber to subscribe or resubscribe, as the case may be, to fixed wireline voice service with the number at the residence or at a different residence (if such number is available in the location of such different residence); and ``(bb) may not charge the subscriber a connection fee or any other fee relating to the initiation of fixed wireline voice service. ``(ii) Cancellation without demonstration of inaccessibility or uninhabitability.--If a subscriber cancels the provision of service assigned to a number described in subparagraph (A) or (B) and does not demonstrate to the provider of such service that the residence where the number is located is inaccessible or uninhabitable as described under clause (i), the number is no longer subject to the prohibition under subparagraph (A) or (B). ``(D) Identification on commission website.--The Commission shall publicly identify on the website of the Commission each designated area that is in a covered period, not later than 15 days after the submission of a public designation by a State under subparagraph (E)(iii) with respect to such area. In identifying a designated area under subparagraph (E)(iii), a State shall consult with providers of fixed wireline voice service that serve such area and coordinate with the Federal Emergency Management Agency to reasonably limit the designated area to areas that have sustained covered damage. ``(E) Definitions.--In this paragraph: ``(i) Covered damage.--The term `covered damage' means, with respect to an area-- ``(I) damage that renders residences in such area inaccessible or uninhabitable; or ``(II) damage that otherwise results in the displacement of subscribers from or within such area. ``(ii) Covered period.--The term `covered period' means a period that-- ``(I) begins on the date of a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to a designated area; and ``(II) ends on the date that is 1 year after such date. ``(iii) Designated area.--The term `designated area' means a geographic area for which a State has submitted a public designation to the Commission, within 15 days after a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to such area, stipulating that the State has determined that-- ``(I) covered damage was sustained in such area; and ``(II) the prohibitions described in this paragraph are necessary and in the public interest. ``(iv) Voice service.--The term `voice service' has the meaning given the term `voice service' in section 227(e)(8).''. (b) Amendment of FCC Rules Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall amend its rules to reflect the requirements of paragraph (5) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a). (c) Applicability.--Paragraph (5) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a), shall apply with respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 180 days after the date on which the Commission announces that the Commission is capable of publicly identifying a designated area on the website of the Commission under subparagraph (D) of such paragraph (5). (d) Order of Amendment Execution.--If this Act is enacted before October 17, 2021, section 3(a) of the National Suicide Hotline Designation Act of 2020 (Public Law 116-172) is amended, effective on the date of the enactment of this Act, by striking ``adding at the end'' and inserting ``inserting after paragraph (3)'', so that the paragraph (4) that is to be added by such section to section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) appears after paragraph (3) of such section 251(e) and before the paragraph (5) added to such section 251(e) by subsection (a) of this section. all
H.R. 678 (Referred in Senate) - Preserving Home and Office Numbers in Emergencies Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr678rfs/html/BILLS-117hr678rfs.htm	DOC 117th CONGRESS 1st Session H. R. 678 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 21, 2021 Received; read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ AN ACT To amend the Communications Act of 1934 to provide for a moratorium on number reassignment after a disaster declaration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Home and Office Numbers in Emergencies Act of 2021'' or the ``PHONE Act of 2021''. SEC. 2. MORATORIUM ON NUMBER REASSIGNMENT AFTER DISASTER DECLARATION. (a) In General.--Section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) is amended by adding at the end the following: ``(5) Moratorium on number reassignment after disaster declaration.-- ``(A) In general.--In the case of a number assigned to a subscriber for the provision of fixed wireline voice service at a location in a designated area during a covered period-- ``(i) the number may not be reassigned, except at the request of the subscriber; and ``(ii) the assignment of the number may not be rescinded or otherwise modified, except at the request of the subscriber. ``(B) Extension at request of subscriber.--During the covered period, at the request of a subscriber described in subparagraph (A), the prohibition in subparagraph (A) shall be extended for the number for 1 year after the date on which the covered period expires. ``(C) Subscriber right to cancel and resubscribe.-- ``(i) In general.--In the case of a number described under subparagraph (A) or (B), if the subscriber assigned to such number demonstrates to the provider of the service (or, under subclause (II), any other provider of fixed wireline voice service that serves the local area) that the residence where the number is located is inaccessible or uninhabitable-- ``(I) the provider may not charge the subscriber an early termination or other fee in connection with the cancellation of such service, if cancelled during the covered period or the extension of the period described in subparagraph (B); and ``(II) if the subscriber cancels the service during the covered period or the extension of the period described in subparagraph (B), the provider (or any other provider of fixed wireline voice service that serves the local area)-- ``(aa) shall permit the subscriber to subscribe or resubscribe, as the case may be, to fixed wireline voice service with the number at the residence or at a different residence (if such number is available in the location of such different residence); and ``(bb) may not charge the subscriber a connection fee or any other fee relating to the initiation of fixed wireline voice service. ``(ii) Cancellation without demonstration of inaccessibility or uninhabitability.--If a subscriber cancels the provision of service assigned to a number described in subparagraph (A) or (B) and does not demonstrate to the provider of such service that the residence where the number is located is inaccessible or uninhabitable as described under clause (i), the number is no longer subject to the prohibition under subparagraph (A) or (B). ``(D) Identification on commission website.--The Commission shall publicly identify on the website of the Commission each designated area that is in a covered period, not later than 15 days after the submission of a public designation by a State under subparagraph (E)(iii) with respect to such area. In identifying a designated area under subparagraph (E)(iii), a State shall consult with providers of fixed wireline voice service that serve such area and coordinate with the Federal Emergency Management Agency to reasonably limit the designated area to areas that have sustained covered damage. ``(E) Definitions.--In this paragraph: ``(i) Covered damage.--The term `covered damage' means, with respect to an area-- ``(I) damage that renders residences in such area inaccessible or uninhabitable; or ``(II) damage that otherwise results in the displacement of subscribers from or within such area. ``(ii) Covered period.--The term `covered period' means a period that-- ``(I) begins on the date of a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to a designated area; and ``(II) ends on the date that is 1 year after such date. ``(iii) Designated area.--The term `designated area' means a geographic area for which a State has submitted a public designation to the Commission, within 15 days after a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) with respect to such area, stipulating that the State has determined that-- ``(I) covered damage was sustained in such area; and ``(II) the prohibitions described in this paragraph are necessary and in the public interest. ``(iv) Voice service.--The term `voice service' has the meaning given the term `voice service' in section 227(e)(8).''. (b) Amendment of FCC Rules Required.--Not later than 180 days after the date of the enactment of this Act, the Federal Communications Commission shall amend its rules to reflect the requirements of paragraph (5) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a). (c) Applicability.--Paragraph (5) of section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)), as added by subsection (a), shall apply with respect to a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) after the date that is 180 days after the date on which the Commission announces that the Commission is capable of publicly identifying a designated area on the website of the Commission under subparagraph (D) of such paragraph (5). (d) Order of Amendment Execution.--If this Act is enacted before October 17, 2021, section 3(a) of the National Suicide Hotline Designation Act of 2020 (Public Law 116-172) is amended, effective on the date of the enactment of this Act, by striking ``adding at the end'' and inserting ``inserting after paragraph (3)'', so that the paragraph (4) that is to be added by such section to section 251(e) of the Communications Act of 1934 (47 U.S.C. 251(e)) appears after paragraph (3) of such section 251(e) and before the paragraph (5) added to such section 251(e) by subsection (a) of this section. Passed the House of Representatives July 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 679 (Introduced in House) - Effective Drug Control Strategy Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr679ih/html/BILLS-117hr679ih.htm	DOC 117th CONGRESS 1st Session H. R. 679 To amend the Office of National Drug Control Policy Reauthorization Act of 1998 to direct the Office of National Drug Control Policy to publish a list of drug control grant programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Trone (for himself and Mr. Burchett) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Office of National Drug Control Policy Reauthorization Act of 1998 to direct the Office of National Drug Control Policy to publish a list of drug control grant programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Drug Control Strategy Act of 2021''. SEC. 2. FEDERAL DRUG DEMAND REDUCTION ACTIVITIES. (a) Publication of List.-- (1) Amendment.--Section 705(f) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1704(f)) is amended by inserting at the end the following new paragraph: ``(5) Publication of list.--The Director shall publish online a complete list of all drug control program grant programs and any other relevant information included in the information tracked pursuant to paragraph (1).''. (2) Deadline and frequency.--Not later than one year after the date of the enactment of this Act, and annually thereafter, the Director of National Drug Control Policy shall publish the list required under section 705(f)(5) of the National Drug Control Act of 1998, as added by paragraph (1). (b) National Drug Control Strategy.--Section 706(c)(1) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705(c)(1)) is amended by adding at the end the following new subparagraph: ``(O) A review of all federally funded demand reduction activities, including an evaluation of-- ``(i) the effectiveness of those activities; ``(ii) the contribution of those activities to demand reduction activities funded by State, local, and Tribal governments; and ``(iii) whether any duplication or inefficiency in federally funded demand reduction activities needs to be addressed.''. all
H.R. 67 (Introduced in House) - Veteran Overmedication and Suicide Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr67ih/html/BILLS-117hr67ih.htm	DOC 117th CONGRESS 1st Session H. R. 67 To direct the Secretary of Veterans Affairs to conduct an independent review of the deaths of certain veterans by suicide, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan (for himself and Mr. Connolly) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to conduct an independent review of the deaths of certain veterans by suicide, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Overmedication and Suicide Prevention Act of 2021''. SEC. 2. DEPARTMENT OF VETERANS AFFAIRS INDEPENDENT REVIEW OF CERTAIN DEATHS OF VETERANS BY SUICIDE. (a) Review Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine under which the National Academies shall conduct a review of the deaths of all covered veterans who died by suicide during the five-year period ending on the date of the enactment of this Act, regardless of whether information relating to such deaths has been reported by the Centers for Disease Control and Prevention. (2) Elements.--The review required by paragraph (1) shall include the following: (A) The total number of covered veterans who died by suicide during the five-year period ending on the date of the enactment of this Act. (B) The total number of covered veterans who died by a violent death during such five-year period. (C) The total number of covered veterans who died by an accidental death during such five-year period. (D) A description of each covered veteran described in subparagraphs (A) through (C), including age, gender, race, and ethnicity. (E) A comprehensive list of prescribed medications and legal or illegal substances as annotated on toxicology reports of covered veterans described in subparagraphs (A) through (C), specifically listing any medications that carried a black box warning, were prescribed for off-label use, were psychotropic, or carried warnings that included suicidal ideation. (F) A summary of medical diagnoses by physicians of the Department of Veterans Affairs or physicians providing services to covered veterans through programs of the Department that led to the prescribing of medications referred to in subparagraph (E) in cases of post-traumatic stress disorder, traumatic brain injury, military sexual trauma, and other anxiety and depressive disorders. (G) The number of instances in which a covered veteran described in subparagraph (A), (B), or (C) was concurrently on multiple medications prescribed by physicians of the Department or physicians providing services to veterans through programs of the Department to treat post-traumatic stress disorder, traumatic brain injury, military sexual trauma, other anxiety and depressive disorders, or instances of comorbidity. (H) The number of covered veterans described in subparagraphs (A) through (C) who were not taking any medication prescribed by a physician of the Department or a physician providing services to veterans through a program of the Department. (I) With respect to the treatment of post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or other anxiety and depressive disorders, the percentage of covered veterans described in subparagraphs (A) through (C) who received a non- medication first-line treatment compared to the percentage of such veterans who received medication only. (J) With respect to the treatment of covered veterans described in subparagraphs (A) through (C) for post-traumatic stress disorder, traumatic brain injury, military sexual trauma, or other anxiety and depressive disorders, the number of instances in which a non- medication first-line treatment (such as cognitive behavioral therapy) was attempted and determined to be ineffective for such a veteran, which subsequently led to the prescribing of a medication referred to in subparagraph (E). (K) A description and example of how the Department determines and continually updates the clinical practice guidelines governing the prescribing of medications. (L) An analysis of the use by the Department, including protocols or practices at medical facilities of the Department, of systematically measuring pain scores during clinical encounters under the Pain as the 5th Vital Sign Toolkit of the Department and an evaluation of the relationship between the use of such measurements and the number of veterans concurrently on multiple medications prescribed by physicians of the Department. (M) A description of the efforts of the Department to maintain appropriate staffing levels for mental health professionals, such as mental health counselors, marriage and family therapists, and other appropriate counselors, including-- (i) a description of any impediments to carry out the education, training, and hiring of mental health counselors and marriage and family therapists under section 7302(a) of title 38, United States Code, and strategies for addressing those impediments; (ii) a description of the objectives, goals, and timing of the Department with respect to increasing the representation of such counselors and therapists in the behavioral health workforce of the Department, including-- (I) a review of eligibility criteria for such counselors and therapists and a comparison of such criteria to that of other behavioral health professions in the Department; and (II) an assessment of the participation of such counselors and therapists in the mental health professionals trainee program of the Department and any impediments to such participation; (iii) an assessment of the development by the Department of hiring guidelines for mental health counselors, marriage and family therapists, and other appropriate counselors; (iv) a description of how the Department-- (I) identifies gaps in the supply of mental health professionals; and (II) determines successful staffing ratios for mental health professionals of the Department; (v) a description of actions taken by the Secretary, in consultation with the Director of the Office of Personnel Management, to create an occupational series for mental health counselors and marriage and family therapists of the Department and a timeline for the creation of such an occupational series; and (vi) a description of actions taken by the Secretary to ensure that the national, regional, and local professional standards boards for mental health counselors and marriage and family therapists are comprised of only mental health counselors and marriage and family therapists and that the liaison from the Department to such boards is a mental health counselor or marriage and family therapist. (N) The percentage of covered veterans described in subparagraphs (A) through (C) with combat experience or trauma related to combat experience (including military sexual trauma, traumatic brain injury, and post- traumatic stress). (O) An identification of the medical facilities of the Department with markedly high prescription rates and suicide rates for veterans receiving treatment at those facilities. (P) An analysis, by State, of programs of the Department that collaborate with State Medicaid agencies and the Centers for Medicare and Medicaid Services, including the following: (i) An analysis of the sharing of prescription and behavioral health data for veterans. (ii) An analysis of whether Department staff check with State prescription drug monitoring programs before prescribing medications to veterans. (iii) A description of the procedures of the Department for coordinating with prescribers outside of the Department to ensure that veterans are not overprescribed. (iv) A description of actions that the Department takes when a veteran is determined to be overprescribed. (Q) An analysis of the collaboration of medical centers of the Department with medical examiners' offices or local jurisdictions to determine veteran mortality and cause of death. (R) An identification and determination of a best practice model to collect and share veteran death certificate data between the Department of Veterans Affairs, the Department of Defense, States, and tribal entities. (S) A description of how data relating to death certificates of veterans is collected, determined, and reported by the Department of Veterans Affairs. (T) An assessment of any patterns apparent to the National Academies of Sciences, Engineering, and Medicine based on the review conducted under paragraph (1). (U) Such recommendations for further action that would improve the safety and well-being of veterans as the National Academies of Sciences, Engineering, and Medicine determine appropriate. (3) Compilation of data.-- (A) Form of compilation.--The Secretary of Veterans Affairs shall ensure that data compiled under paragraph (2) is compiled in a manner that allows it to be analyzed across all data fields for purposes of informing and updating clinical practice guidelines of the Department of Veterans Affairs. (B) Compilation of data regarding covered veterans.--In compiling data under paragraph (2) regarding covered veterans described in subparagraphs (A) through (C) of such paragraph, data regarding veterans described in each such subparagraph shall be compiled separately and disaggregated by year. (4) Completion of review and report.--The agreement entered into under paragraph (1) shall require that the National Academies of Sciences, Engineering, and Medicine complete the review under such paragraph and submit to the Secretary of Veterans Affairs a report containing the results of the review not later than 180 days after entering into the agreement. (b) Report.--Not later than 30 days after the completion by the National Academies of Sciences, Engineering, and Medicine of the review required under subsection (a), the Secretary of Veterans Affairs shall-- (1) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the results of the review; and (2) make such report publicly available. (c) Definitions.--In this section: (1) The term ``black box warning'' means a warning displayed on the label of a prescription drug that is designed to call attention to the serious or life-threatening risk of the prescription drug. (2) The term ``covered veteran'' means a veteran who received hospital care or medical services furnished by the Department of Veterans Affairs during the five-year period preceding the death of the veteran. (3) The term ``first-line treatment'' means a potential intervention that has been evaluated and assigned a high score within clinical practice guidelines. (4) The term ``State'' means each of the States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. all
H.R. 680 (Introduced in House) - For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar.	https://www.govinfo.gov/content/pkg/BILLS-117hr680ih/html/BILLS-117hr680ih.htm	DOC 117th CONGRESS 1st Session H. R. 680 For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Kuster introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR ARPITA KURDEKAR, GIRISH KURDEKAR, AND VANDANA KURDEKAR. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Arpita Kurdekar, Girish Kurdekar, or Vandana Kurdekar enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. all
H.R. 680 (Reported in House) - For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar.	https://www.govinfo.gov/content/pkg/BILLS-117hr680rh/html/BILLS-117hr680rh.htm	DOC Private Calendar No. 2 117th CONGRESS 2d Session H. R. 680 For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Ms. Kuster introduced the following bill; which was referred to the Committee on the Judiciary February 1, 2022 Reported from the Committee on the Judiciary; referred to the Private Calendar and ordered to be printed _______________________________________________________________________ A BILL For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR ARPITA KURDEKAR, GIRISH KURDEKAR, AND VANDANA KURDEKAR. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Arpita Kurdekar, Girish Kurdekar, or Vandana Kurdekar enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Private Calendar No. 2 117th CONGRESS 2d Session H. R. 680 _______________________________________________________________________ A BILL For the relief of Arpita Kurdekar, Girish Kurdekar, and Vandana Kurdekar. _______________________________________________________________________ February 1, 2022 Referred to the Private Calendar and ordered to be printed
H.R. 681 (Introduced in House) - For the relief of Rebecca Trimble.	https://www.govinfo.gov/content/pkg/BILLS-117hr681ih/html/BILLS-117hr681ih.htm	DOC 117th CONGRESS 1st Session H. R. 681 For the relief of Rebecca Trimble. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Young introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Rebecca Trimble. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR REBECCA TRIMBLE. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), Rebecca Trimble shall be eligible for the issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of that Act (8 U.S.C. 1154) or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Rebecca Trimble enters the United States before the filing deadline specified in subsection (c), Rebecca Trimble shall be considered to have entered and remained lawfully and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) as of the date of the enactment of this Act. (c) Waiver of Grounds for Removal or Denial of Admission.-- (1) In general.--Notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Rebecca Trimble may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act. (2) Rescission of outstanding order of removal.--The Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Rebecca Trimble by reason of any ground described in paragraph (1). (d) Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within two years after the date of the enactment of this Act. (e) Reduction of Immigrant Visa Numbers.--Upon the granting of immigrant visas or permanent residence to Rebecca Trimble, the Secretary of State shall instruct the proper officer to reduce by one, during the current or next following fiscal year-- (1) the total number of immigrant visas that are made available to natives of the country of birth of Rebecca Trimble under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Rebecca Trimble under section 202(e) of that Act (8 U.S.C. 1152(e)). all
H.R. 681 (Reported in House) - For the relief of Rebecca Trimble.	https://www.govinfo.gov/content/pkg/BILLS-117hr681rh/html/BILLS-117hr681rh.htm	DOC Private Calendar No. 3 117th CONGRESS 2d Session H. R. 681 For the relief of Rebecca Trimble. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 1, 2021 Mr. Young introduced the following bill; which was referred to the Committee on the Judiciary February 1, 2022 Reported from the Committee on the Judiciary; referred to the Private Calendar and ordered to be printed _______________________________________________________________________ A BILL For the relief of Rebecca Trimble. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR REBECCA TRIMBLE. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), Rebecca Trimble shall be eligible for the issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of that Act (8 U.S.C. 1154) or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Rebecca Trimble enters the United States before the filing deadline specified in subsection (c), Rebecca Trimble shall be considered to have entered and remained lawfully and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) as of the date of the enactment of this Act. (c) Waiver of Grounds for Removal or Denial of Admission.-- (1) In general.--Notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Rebecca Trimble may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act. (2) Rescission of outstanding order of removal.--The Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Rebecca Trimble by reason of any ground described in paragraph (1). (d) Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of immigrant visas or the application for adjustment of status are filed with appropriate fees within two years after the date of the enactment of this Act. (e) Reduction of Immigrant Visa Numbers.--Upon the granting of immigrant visas or permanent residence to Rebecca Trimble, the Secretary of State shall instruct the proper officer to reduce by one, during the current or next following fiscal year-- (1) the total number of immigrant visas that are made available to natives of the country of birth of Rebecca Trimble under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)); or (2) if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Rebecca Trimble under section 202(e) of that Act (8 U.S.C. 1152(e)). Private Calendar No. 3 117th CONGRESS 2d Session H. R. 681 _______________________________________________________________________ A BILL For the relief of Rebecca Trimble. _______________________________________________________________________ February 1, 2022 Referred to the Private Calendar and ordered to be printed
H.R. 682 (Introduced in House) - Reopen Schools Act	https://www.govinfo.gov/content/pkg/BILLS-117hr682ih/html/BILLS-117hr682ih.htm	DOC 117th CONGRESS 1st Session H. R. 682 To encourage local educational agencies to resume in-person instruction at elementary and secondary schools, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mrs. Hinson introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To encourage local educational agencies to resume in-person instruction at elementary and secondary schools, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reopen Schools Act''. SEC. 2. GRANTS TO SUPPORT IN-PERSON INSTRUCTION. Subsection (c) of section 313 of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (division M of Public Law 116-260) is amended to read as follows: ``(c) Subgrants to Local Educational Agencies.-- ``(1) In general.--From the allocation provided by the Secretary under subsection (b), the State educational agency shall provide services and assistance to local educational agencies and non-public schools, consistent with the provisions of this section. Each State shall allocate not less than 90 percent of the allocation awarded to the State under this section as subgrants to local educational agencies (including charter schools that are local educational agencies) in the State in proportion to the amount of funds such local educational agencies and charter schools that are local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) in the most recent fiscal year. The State educational agency shall make such subgrants to local educational agencies as follows: ``(A) One-third of funds shall be awarded not less than 15 calendar days after receiving an award from the Secretary under this section. ``(B) The remaining two-thirds of funds shall be awarded only after the local educational agency submits to the Governor and the Governor approves a comprehensive school reopening plan based on criteria determined by the Governor in consultation with the State educational agency (including criteria for the Governor to carry out paragraph (2)), that describes how the local educational agency will safely reopen schools with the physical presence of students, consistent with maintaining safe and continuous operations aligned with challenging State academic standards. ``(2) Approval of plans.--The Governor shall approve plans submitted under paragraph (1)(B) within 30 days after the plan is submitted, subject to the following requirements: ``(A) A local educational agency that provides in- person instruction for at least 50 percent of its students where the students physically attend school no less than 50 percent of each school-week, as it was defined by the local educational agency prior to the coronavirus emergency, shall have its plan automatically approved. ``(B) A local educational agency that does not provide in-person instruction to any students where the students physically attend school in-person shall not be eligible to receive a subgrant under paragraph (1)(B). ``(C) A local educational agency that provides in- person instruction to at least some students where the students physically attend school in-person but does not satisfy the requirements in subparagraph (A) shall have its allocation reduced on a pro rata basis as determined by the Governor. ``(3) Plan contents.--A school reopening plan submitted to a Governor under paragraph (1)(B) shall include, in addition to any other information necessary to meet the criteria determined by the Governor-- ``(A) a detailed timeline for when the local educational agency will provide in-person instruction, including the goals and criteria used for providing full time in-person instruction to all students; ``(B) a description of how many days of in-person instruction per calendar week the local educational agency plans to offer to students; and ``(C) an assurance that the local educational agency will offer students as much in-person instruction as is safe and practicable, consistent with maintaining safe and continuous operations aligned with challenging State academic standards.''. all
H.R. 683 (Introduced in House) - Apprenticeship Access for All Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr683ih/html/BILLS-117hr683ih.htm	DOC 117th CONGRESS 1st Session H. R. 683 To promote diversity in the national apprenticeship system. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Adams (for herself and Mr. Jones) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To promote diversity in the national apprenticeship system. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship Access for All Act of 2021''. SEC. 2. PROMOTING DIVERSITY IN THE NATIONAL APPRENTICESHIP SYSTEM. The Secretary of Labor shall promote diversity and ensure equal opportunity to participate in programs for apprentices, youth apprentices, and pre-apprentices, including-- (1) taking steps necessary to promote diversity in apprenticeable occupations under the national apprenticeship system, especially in high-skill, high-wage, or in-demand industry sectors and occupations in areas with high percentages of low-income individuals; (2) ensuring programs under the national apprenticeship system-- (A) adopt and implement policies to provide for equal opportunity in such programs, as described in section 30.3 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); (B) do not engage in intimidation or retaliation as prohibited under section 30.17 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and (C) are subject, for any violation of subparagraphs (A) or (B), to enforcement action as described in section 30.15 of title 29, Code of Federal Regulations (as in effect on January 31, 2020); and (3) supporting the recruitment, employment, and retention of nontraditional apprenticeship populations in programs under the national apprenticeship system in high-skill, high-wage, and in-demand industry sectors and occupations, including women, people of color, individuals with disabilities, individuals impacted by the criminal and juvenile justice system, and individuals with barriers to employment, as applicable. all
H.R. 684 (Introduced in House) - Keystone XL Pipeline Construction and Jobs Preservation Act	https://www.govinfo.gov/content/pkg/BILLS-117hr684ih/html/BILLS-117hr684ih.htm	DOC 117th CONGRESS 1st Session H. R. 684 To authorize the Keystone XL Pipeline. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Armstrong (for himself, Mr. McCarthy, Mr. Scalise, Ms. Cheney, Mrs. Rodgers of Washington, Mr. Upton, Mr. Rosendale, Mr. Johnson of South Dakota, Mr. Newhouse, Mr. Bishop of North Carolina, Mr. Pfluger, Mr. Higgins of Louisiana, Mr. Carter of Georgia, Mr. Duncan, Mr. Keller, Mr. Burgess, Mr. Steil, Mr. Gooden of Texas, Mr. Good of Virginia, Mr. Norman, Miss Gonzalez-Colon, Mr. Womack, Mr. McCaul, Mr. Jackson, Mr. Dunn, Mr. Reschenthaler, Mr. LaMalfa, Mr. Westerman, Mr. Moore of Utah, Mr. Babin, Mrs. Lesko, Mr. Latta, Mr. McKinley, Mr. Gosar, Mr. Hagedorn, Mr. Williams of Texas, Mr. Curtis, Mr. Cawthorn, Mr. Balderson, Mr. Brady, Mr. Mullin, Mr. Rogers of Alabama, Mr. Lamborn, Mr. Tiffany, Mr. Emmer, Mr. Walberg, Mr. Joyce of Pennsylvania, Mr. Baird, Mrs. Miller of West Virginia, Mr. Sessions, Mr. Banks, Mr. Palazzo, Mr. Mann, Mrs. Wagner, Mr. Stewart, Mrs. Hinson, Mr. Weber of Texas, Mr. Calvert, Mr. Hern, Mr. Arrington, Mr. Huizenga, Mr. Meuser, Mr. Lucas, Mr. Chabot, Mr. Grothman, Mr. Aderholt, Mrs. Boebert, Mr. Long, Mr. Gallagher, Mr. Brooks, Mr. Timmons, Mr. Bucshon, Mrs. Fischbach, Mr. Kinzinger, Ms. Stefanik, Mr. Pence, Mr. Bilirakis, Mr. Estes, Mr. Rouzer, Mr. Hill, Mr. Stauber, Mr. Hudson, Mrs. Cammack, Mr. Cline, Mr. Ferguson, and Mr. Thompson of Pennsylvania) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Energy and Commerce, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize the Keystone XL Pipeline. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keystone XL Pipeline Construction and Jobs Preservation Act''. SEC. 2. KEYSTONE XL AUTHORIZATION. (a) Authorization.--TransCanada Keystone Pipeline, L.P., may construct, connect, operate, and maintain the pipeline facilities at the international border of the United States and Canada at Phillips County, Montana, for the import of oil from Canada to the United States described in the Presidential Permit of March 29, 2019 (84 Fed. Reg. 13101). (b) No Presidential Permit Required.--No Presidential permit (or similar permit) under Executive Order 13867 (3 U.S.C. 301 note; relating to the issuance of permits with respect to facilities and land transportation crossings at the international boundaries of the United States), Executive Order 12038 (42 U.S.C. 7151 note; relating to the transfer of certain functions to the Secretary of Energy), Executive Order 10485 (15 U.S.C. 717b note; relating to the performance of functions respecting electric power and natural gas facilities located on United States borders), or any other Executive order shall be required for the construction, connection, operation, or maintenance of the pipeline facilities described in subsection (a). all
H.R. 685 (Introduced in House) - Coronavirus Unemployment Benefits Tax Relief Act	https://www.govinfo.gov/content/pkg/BILLS-117hr685ih/html/BILLS-117hr685ih.htm	DOC 117th CONGRESS 1st Session H. R. 685 To amend the Internal Revenue Code of 1986 to exempt a portion of unemployment compensation received during 2020 from income taxes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mrs. Axne (for herself, Mr. Levin of Michigan, Ms. Eshoo, Mr. Peters, Mr. Foster, and Mr. Khanna) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exempt a portion of unemployment compensation received during 2020 from income taxes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coronavirus Unemployment Benefits Tax Relief Act''. SEC. 2. SUSPENSION OF TAX ON PORTION OF UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(c) Special Rule for 2020.--In the case of any taxable year beginning in 2020, gross income shall not include so much of the unemployment compensation received by an individual as does not exceed $10,200.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2019. all
H.R. 686 (Introduced in House) - Security Clearance Review Act	https://www.govinfo.gov/content/pkg/BILLS-117hr686ih/html/BILLS-117hr686ih.htm	DOC 117th CONGRESS 1st Session H. R. 686 To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to authorize the Director of the Federal Bureau of Investigation to make security clearance determinations and access determinations for political appointees in the Executive Office of the President, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Beyer (for himself and Mr. Lieu) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Intelligence Reform and Terrorism Prevention Act of 2004 to authorize the Director of the Federal Bureau of Investigation to make security clearance determinations and access determinations for political appointees in the Executive Office of the President, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Security Clearance Review Act''. SEC. 2. SECURITY CLEARANCE DETERMINATIONS AND ACCESS DETERMINATIONS BY DIRECTOR OF FBI FOR POLITICAL APPOINTEES IN EXECUTIVE OFFICE OF THE PRESIDENT . Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is amended by adding at the end the following: ``(k) Political Appointees in the Executive Office of the President.-- ``(1) Appointment and access to classified information.-- Notwithstanding any other provision of law-- ``(A) a political appointee may not be employed in, detailed to, or assigned to, the Executive Office of the President unless such employment, detail, or assignment is clearly consistent with national security; and ``(B) any political appointee employed in, detailed to, or assigned to, the Executive Office of the President may not have a security clearance, or access any classified information, unless such security clearance is granted, or access determination is made, by the Director of the Federal Bureau of Investigation. ``(2) Determination and notification.-- ``(A) If the Director of the Federal Bureau of Investigation denies, suspends, or revokes a security clearance or access to classified information under paragraph (1), the Director shall notify the President and the appropriate committees of Congress of such determination on the date such determination is made. ``(B) If the President nullifies, reverses, modifies, or otherwise fails to recognize any denial, suspension, or revocation of a security clearance or access to classified information determination made by the Director under paragraph (1), not later than 30 days thereafter, the President shall submit an explanation (in writing) of the reasons for such nullification, reversal, modification, or failure to recognize to the appropriate committees of Congress. ``(3) Political appointee defined.--In this subsection, the term `political appointee' has the meaning given that term in section 4(a)(4) of the Edward `Ted' Kaufman and Michael Leavitt Presidential Transitions Improvements Act of 2015 (Public Law 114-136).''. all
H.R. 687 (Introduced in House) - Blocking Rioters and Insurrectionists from our Cities to Keep us Safe Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr687ih/html/BILLS-117hr687ih.htm	DOC 117th CONGRESS 1st Session H. R. 687 To amend title 18, United States Code, by increasing the maximum term of imprisonment for the offense of rioting, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Buck (for himself, Mr. McClintock, Mr. Austin Scott of Georgia, Mrs. Hinson, Mr. Weber of Texas, Mr. Gibbs, Mr. Duncan, Mr. Budd, Mr. Tiffany, Mr. Harris, Mr. Steube, and Mrs. Lesko) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, by increasing the maximum term of imprisonment for the offense of rioting, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Blocking Rioters and Insurrectionists from our Cities to Keep us Safe Act of 2021'' or as the ``BRICKS Act of 2021''. SEC. 2. MAXIMUM PENALTY FOR RIOTING INCREASED. Section 2101(a) of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``five years'' and inserting ``10 years''; (B) by adding at the end the following: ``If serious bodily injury (as such term is defined in section 2246) results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than 25 years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both.''; and (C) by striking ``subparagraph (A), (B), (C), or (D) of this paragraph'' and inserting ``paragraph (1), (2), (3), or (4) of this subsection''; and (2) in subsection (b), by striking ``subparagraph (A), (B), (C), or (D) of paragraph (1) of subsection (a)'' and inserting ``paragraph (1), (2), (3), or (4) of subsection (a)''. all
H.R. 688 (Introduced in House) - Equal Access to Care Act	https://www.govinfo.gov/content/pkg/BILLS-117hr688ih/html/BILLS-117hr688ih.htm	DOC 117th CONGRESS 1st Session H. R. 688 To permit a licensed health care provider to provide health care services to individuals in one or more States in which the provider is not licensed. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Budd introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To permit a licensed health care provider to provide health care services to individuals in one or more States in which the provider is not licensed. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equal Access to Care Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In public health emergencies, such as the Coronavirus Disease 2019 pandemic, it is of paramount importance to deliver medical resources to impacted areas where the need is greatest. (2) Technologies that allow health care providers to deliver care across great distances can deliver medical care into impacted areas, including mental health services and maintenance care for chronic illnesses. (3) Technologies that allow health care providers to deliver care across great distances can thereby free local providers to address community needs that providers can only address in person. (4) Under the Constitution, the Commerce Clause grants Congress the authority to regulate commerce among the States. SEC. 3. INTERSTATE TELEMEDICINE. (a) In General.--Notwithstanding any other provision of law, during the period described in subsection (b), in the case of a physician, practitioner, or other health care provider who is licensed or otherwise legally authorized to provide health care services in a primary State, and who provides such health care services in interstate commerce through electronic information or telecommunication technologies to an individual in a secondary State, the location of the provision of such services shall be deemed to be the primary State and any requirement that such physician, practitioner, or other provider obtain a comparable license or other comparable legal authorization from the secondary State with respect to the provision of such services (including requirements relating to the prescribing of drugs in such secondary State) shall not apply. (b) Period Described.--The period described in this subsection is the period beginning on the date of enactment of this Act and ending on the date that is 180 days after the date on which the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the Coronavirus Disease 2019 (COVID-19) ends. (c) Review of Regulations.--The head of each Federal agency shall review existing guidance and regulations to identify any such guidance or regulations that may conflict with the provisions of this section. If the head of an agency finds any such conflict, notwithstanding any other provision of law, such agency head shall, not later than 30 days after the date of enactment of this Act, issue revised guidance or regulations to ensure compliance with the provisions of this section. (d) Definitions.--In this section: (1) Health care services.--The term ``health care services'' shall not include services of the type for which funding is prohibited under the requirements contained in Public Law 116-94 as relating to funds for programs authorized under sections 330 through 340 of the Public Health Service Act (42 U.S.C. 254 through 256). (2) Primary state.--The term ``primary State'' means, with respect to the provision of health care services by a physician, practitioner, or other health care provider in interstate commerce through electronic information or telecommunication technologies, the State in which such physician, practitioner, or provider is physically located and licensed. (3) Secondary state.--The term ``secondary State'' means, with respect to the provision of health care services by a physician, practitioner, or other health care provider in interstate commerce through electronic information or telecommunication technologies, a State in which such physician, practitioner, or other provider is not physically located or licensed. all
"H.R. 68 (Introduced in House) -Veterans, Women, Families with Children, Race, and Persons with 
Disabilities Housing Fairness Act of 2021"	https://www.govinfo.gov/content/pkg/BILLS-117hr68ih/html/BILLS-117hr68ih.htm	DOC 117th CONGRESS 1st Session H. R. 68 To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Green of Texas introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2021'' or the ``Housing Fairness Act of 2021''. SEC. 2. TESTING FOR DISCRIMINATION. (a) In General.--The Secretary of Housing and Urban Development shall conduct a nationwide program of testing to-- (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (2) measure the prevalence of such discriminatory practices across the housing and mortgage lending markets as a whole. (b) Administration.--The Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), for the purpose of conducting the testing required under subsection (a). (c) Program Requirements.--The Secretary shall-- (1) submit to the Congress an evaluation by the Secretary of the effectiveness of the program under this section; and (2) issue regulations that require each application for the program under this section to contain-- (A) a description of the assisted activities proposed to be undertaken by the applicant; (B) a description of the experience of the applicant in formulating or carrying out programs to carry out the activities described in subsection (a); and (C) a description of proposed procedures to be used by the applicant for evaluating the results of the activities proposed to be carried out under the program. (d) Report.--The Secretary of Housing and Urban Development shall report to Congress-- (1) on a biennial basis, the aggregate outcomes of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and (2) on an annual basis, a detailed summary of the messages received by the Office of Fair Housing and Equal Opportunity of the Department through its 24-hour toll-free telephone hotline, through electronic mail, and through its website. The Secretary may submit the reports required under paragraph (1) of this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (e) Use of Results.--The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as such term is defined in section 802 of the Fair Housing Act (42 U.S.C. 3602)) uncovered as a result of such testing. (f) Definitions.--As used in this section: (1) Disability status.--The term ``disability status'' has the same meaning given the term ``handicap'' in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (2) Familial status.--The term ``familial status'' has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (g) Relationship to Other Laws.--Nothing in this section may be construed to amend, alter, or affect any provision of criminal law or the Truth in Lending Act (15 U.S.C. 1601 et seq.). (h) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations conducting testing required under subsection (a). Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and such regulations shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(3)(B), and (d)(3) of such section). (i) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for each of fiscal years 2021 through 2025. SEC. 3. INCREASE IN FUNDING FOR THE FAIR HOUSING INITIATIVES PROGRAM. (a) In General.--Section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) is amended-- (1) in subsection (b)-- (A) in paragraph (1), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; and (B) in paragraph (2), by inserting ``qualified'' before ``private nonprofit fair housing enforcement organizations,''; (2) by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out the provisions of this section $42,500,000 for each of fiscal years 2021 through 2025, of which-- ``(A) not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b); ``(B) not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and ``(C) any remaining amounts shall be used for program activities authorized under this section. ``(2) Availability.--Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section.''; (3) in subsection (h), in the matter following subparagraph (C), by inserting ``and meets the criteria described in subparagraphs (A) and (C)'' after ``subparagraph (B)''; and (4) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period and inserting ``; and''; and (iii) by adding after subparagraph (D) the following new subparagraph: ``(E) websites and other media outlets.''; (B) in paragraph (2), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''; and (C) in paragraph (3), by striking ``or other public or private entities'' and inserting ``or other public or private nonprofit entities''. (b) Regulations.--Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations funded with any amounts made available to carry out this section for any of fiscal years 2021 through 2025. Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(3)(B), and (d)(3) of such section). SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the Secretary of Housing and Urban Development should-- (1) fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(d)) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) expend for such education and outreach programs all amounts appropriated for such programs; (3) promulgate regulations regarding the fair housing obligations of each recipient of Federal housing and community development funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and (4) fully comply with the requirements of section 810(a) of the Fair Housing Act (42 U.S.C. 3610(a)). SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY HOUSING DISCRIMINATION. (a) Grant Program.--The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist public and private nonprofit organizations in-- (1) conducting comprehensive studies that examine-- (A) the causes of housing discrimination and segregation; (B) the effects of housing discrimination and segregation on education, poverty, and economic development; or (C) the incidences, causes, and effects of housing discrimination and segregation on veterans and military personnel; and (2) implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b) Eligibility.--To be eligible to receive a grant under this section, a public or private nonprofit organization shall-- (1) submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require; (2) agree to provide matching non-Federal funds for 50 percent of the total amount of the grant, which matching funds may include items donated on an in-kind contribution basis; and (3) meet the requirements of a qualified fair housing enforcement organization, as such term is defined in section 561(h) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(h)), or subcontract with a qualified fair housing enforcement organization as a primary subcontractor. (c) Report.--The Secretary of Housing and Urban Development shall submit a report to the Congress on a biennial basis that provides a detailed summary of the results of the comprehensive studies and pilot projects carried out under subsection (a), together with any recommendations or proposals for legislative or administrative actions to address any issues raised by such studies. The Secretary may submit the reports required under this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2021 through 2025. SEC. 6. LIMITATION ON USE OF FUNDS. None of the funds made available under this Act, or the amendments made by this Act, may be used for any political activities, political advocacy, or lobbying (as such terms are defined by Circular A-122 of the Office of Management and Budget, entitled ``Cost Principles for Non-Profit Organizations''), or for expenses for travel to engage in political activities or preparation of or provision of advice on tax returns. all
H.R. 69 (Introduced in House) - Sunshine Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr69ih/html/BILLS-117hr69ih.htm	DOC 117th CONGRESS 1st Session H. R. 69 To make daylight savings time permanent, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To make daylight savings time permanent, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine Protection Act of 2021''. SEC. 2. MAKING DAYLIGHT SAVINGS TIME PERMANENT. (a) Repeal of Temporary Period for Daylight Savings Time.--Section 3 of the Uniform Time Act of 1966 (15 U.S.C. 260a) is hereby repealed. (b) Advancement of Standard Time.-- (1) In general.--The second sentence of subsection (a) of section 1 of the Act of March 19, 1918 (commonly known as the ``Calder Act'') (15 U.S.C. 261), is amended-- (A) by striking ``4 hours'' and inserting ``3 hours''; (B) by striking ``5 hours'' and inserting ``4 hours''; (C) by striking ``6 hours'' and inserting ``5 hours''; (D) by striking ``7 hours'' and inserting ``6 hours''; (E) by striking ``8 hours'' and inserting ``by 7 hours''; (F) by striking ``9 hours'' and inserting ``8 hours''; (G) by striking ``10 hours;'' and inserting ``9 hours;''; (H) by striking ``11 hours'' and inserting ``10 hours''; and (I) by striking ``10 hours.'' and inserting ``11 hours.''. (2) State exemption.--Such section is further amended by-- (A) redesignating subsection (b) as subsection (c); and (B) inserting after subsection (a) the following: ``(b) Standard Time for Certain States and Areas.--The standard time for a State that has exempted itself from the provisions of section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a(a)), as in effect on the day before the date of the enactment of the Sunshine Protection Act of 2021, pursuant to such section, or an area of a State that has exempted such area from such provisions pursuant to such section, shall be, as such State considers appropriate-- ``(1) the standard time for such State or area, as the case may be, pursuant to subsection (a) of this section; or ``(2) the standard time for such State or area, as the case may be, pursuant to subsection (a) of this section as it was in effect on the day before the date of the enactment of the Sunshine Protection Act of 2021.''. (3) Conforming amendment.--Such section is further amended, in the second sentence of subsection (a), by striking ``Except as provided in section 3(a) of the Uniform Time Act of 1966 (15 U.S.C. 260a),'' and inserting ``Except as provided in subsection (b),''. all
H.R. 6 (Engrossed in House) - American Dream and Promise Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr6eh/html/BILLS-117hr6eh.htm	DOC 117th CONGRESS 1st Session H. R. 6 _______________________________________________________________________ AN ACT To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Dream and Promise Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DREAM ACT OF 2021 Sec. 101. Short title. Sec. 102. Permanent resident status on a conditional basis for certain long-term residents who entered the united states as children. Sec. 103. Terms of permanent resident status on a conditional basis. Sec. 104. Removal of conditional basis of permanent resident status. Sec. 105. Restoration of State option to determine residency for purposes of higher education benefits. TITLE II--AMERICAN PROMISE ACT OF 2021 Sec. 201. Short title. Sec. 202. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. Sec. 203. Clarification. TITLE III--GENERAL PROVISIONS Sec. 301. Definitions. Sec. 302. Submission of biometric and biographic data; background checks. Sec. 303. Limitation on removal; application and fee exemption; and other conditions on eligible individuals. Sec. 304. Determination of continuous presence and residence. Sec. 305. Exemption from numerical limitations. Sec. 306. Availability of administrative and judicial review. Sec. 307. Documentation requirements. Sec. 308. Rule making. Sec. 309. Confidentiality of information. Sec. 310. Grant program to assist eligible applicants. Sec. 311. Provisions affecting eligibility for adjustment of status. Sec. 312. Supplementary surcharge for appointed counsel. Sec. 313. Annual report on provisional denial authority. TITLE I--DREAM ACT OF 2021 SEC. 101. SHORT TITLE. This title may be cited as the ``Dream Act of 2021''. SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. (a) Conditional Basis for Status.--Notwithstanding any other provision of law, and except as provided in section 104(c)(2), an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this title. (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 104(c)(2), an alien who is inadmissible or deportable from the United States, is subject to a grant of Deferred Enforced Departure, has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), or is the son or daughter of an alien admitted as a nonimmigrant under subparagraphs (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) if-- (A) the alien has been continuously physically present in the United States since January 1, 2021; (B) the alien was 18 years of age or younger on the date on which the alien entered the United States and has continuously resided in the United States since such entry; (C) the alien-- (i) subject to paragraph (2), is not inadmissible under paragraph (1), (6)(E), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection (c), subject to the provisions of such subsection; and (D) the alien-- (i) has been admitted to an institution of higher education; (ii) has been admitted to an area career and technical education school at the postsecondary level; (iii) in the United States, has obtained-- (I) a high school diploma or a commensurate alternative award from a public or private high school; (II) a General Education Development credential, a high school equivalency diploma recognized under State law, or another similar State- authorized credential; (III) a credential or certificate from an area career and technical education school at the secondary level; or (IV) a recognized postsecondary credential; or (iv) is enrolled in secondary school or in an education program assisting students in-- (I) obtaining a high school diploma or its recognized equivalent under State law; (II) passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam; (III) obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or (IV) obtaining a recognized postsecondary credential. (2) Waiver of grounds of inadmissibility.--With respect to any benefit under this title, and in addition to the waivers under subsection (c)(2), the Secretary may waive the grounds of inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (3) Application fee.-- (A) In general.--The Secretary may, subject to an exemption under section 303(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00. (B) Special procedures for applicants with daca.-- The Secretary shall establish a streamlined procedure for aliens who have been granted DACA and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section, or without the conditional basis as provided in section 104(c)(2). Such procedure shall not include a requirement that the applicant pay a fee, except that the Secretary may require an applicant who meets the requirements for lawful permanent residence without the conditional basis under section 104(c)(2) to pay a fee that is commensurate with the cost of processing the application, subject to the exemption under section 303(c). (4) Background checks.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied. (5) Military selective service.--An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 104(c)(2), shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. (c) Criminal and National Security Bars.-- (1) Grounds of ineligibility.--Except as provided in paragraph (2), an alien is ineligible for adjustment of status under this title (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) if any of the following apply: (A) The alien is inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (B) Excluding any offense under State law for which an essential element is the alien's immigration status, and any minor traffic offense, the alien has been convicted of-- (i) any felony offense; (ii) three or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or (iii) a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been-- (I) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; (II) battered or subjected to extreme cruelty; or (III) a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)). (2) Waivers for certain misdemeanors.--For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may-- (A) waive the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) (subject to subparagraph (B)); and (B) for purposes of clauses (ii) and (iii) of paragraph (1)(B), waive consideration of-- (i) one misdemeanor offense if the alien has not been convicted of any offense in the 5- year period preceding the date on which the alien applies for adjustment of status under this title; or (ii) up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this title. (3) Authority to conduct secondary review.-- (A) In general.--Notwithstanding an alien's eligibility for adjustment of status under this title, and subject to the procedures described in this paragraph, the Secretary may, as a matter of non- delegable discretion, provisionally deny an application for adjustment of status (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph (B) or (D). (B) Public safety.--An alien is described in this subparagraph if-- (i) excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien's immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien-- (I) has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or (II) has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility; and (ii) the alien poses a significant and continuing threat to public safety related to such conviction or adjudication. (C) Public safety determination.--For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury; and any mitigating factors pertaining to the alien's role in the commission of the offense. (D) Gang participation.--An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses. (E) Evidentiary limitation.--For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph. (F) Notice.-- (i) In general.--Prior to rendering a discretionary decision under this paragraph, the Secretary shall provide written notice of the intent to provisionally deny the application to the alien (or the alien's counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication). Such notice shall-- (I) articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and (II) provide the alien with not less than 90 days to respond. (ii) Second notice.--Not more than 30 days after the issuance of the notice under clause (i), the Secretary shall provide a second written notice that meets the requirements of such clause. (iii) Notice not received.--Notwithstanding any other provision of law, if an applicant provides good cause for not contesting a provisional denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary shall, upon a motion filed by the alien, reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond, consistent with clause (i)(II). (G) Judicial review of a provisional denial.-- (i) In general.--Notwithstanding any other provision of law, if, after notice and the opportunity to respond under subparagraph (F), the Secretary provisionally denies an application for adjustment of status under this Act, the alien shall have 60 days from the date of the Secretary's determination to seek review of such determination in an appropriate United States district court. (ii) Scope of review and decision.-- Notwithstanding any other provision of law, review under paragraph (1) shall be de novo and based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (iii) Appointed counsel.--Notwithstanding any other provision of law, an applicant seeking judicial review under clause (i) shall be represented by counsel. Upon the request of the applicant, counsel shall be appointed for the applicant, in accordance with procedures to be established by the Attorney General within 90 days of the date of the enactment of this Act, and shall be funded in accordance with fees collected and deposited in the Immigration Counsel Account under section 312. (4) Definitions.--For purposes of this subsection-- (A) the term ``felony offense'' means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; (B) the term ``misdemeanor offense'' means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year; and (C) the term ``crime of domestic violence'' means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian Tribal government, or unit of local government. (d) Limitation on Removal of Certain Alien Minors.--An alien who is 18 years of age or younger and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection. The Attorney General or the Secretary may not commence or continue with removal proceedings against such an alien. (e) Withdrawal of Application.--The Secretary shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application, and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS. (a) Period of Status.--Permanent resident status on a conditional basis is-- (1) valid for a period of 10 years, unless such period is extended by the Secretary; and (2) subject to revocation under subsection (c). (b) Notice of Requirements.--At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed. (c) Revocation of Status.--The Secretary may revoke the permanent resident status on a conditional basis of an alien only if the Secretary-- (1) determines that the alien ceases to meet the requirements under section 102(b)(1)(C); and (2) prior to the revocation, provides the alien-- (A) notice of the proposed revocation; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation. (d) Return to Previous Immigration Status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis. SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS. (a) Eligibility for Removal of Conditional Basis.-- (1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) is described in section 102(b)(1)(C); (B) has not abandoned the alien's residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and (C)(i) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor's degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) demonstrates earned income for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that, in the case of an alien who was enrolled in an institution of higher education, an area career and technical education school to obtain a recognized postsecondary credential, or an education program described in section 102(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment. (2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that-- (i) the alien has a disability; (ii) the alien is a full-time caregiver; or (iii) the removal of the alien from the United States would result in hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement.-- (A) In general.--Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)). (B) Exception.--Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee.--The Secretary may, subject to an exemption under section 303(c), require aliens applying for removal of the conditional basis of an alien's permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (5) Background checks.--The Secretary may not remove the conditional basis of an alien's permanent resident status until the requirements of section 302 are satisfied. (b) Treatment for Purposes of Naturalization.-- (1) In general.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. (2) Limitation on application for naturalization.--An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis. (c) Timing of Approval of Lawful Permanent Resident Status.-- (1) In general.--An alien granted permanent resident status on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a). (2) Approval with regard to initial applications.-- (A) In general.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent resident status without conditional basis, any alien who-- (i) demonstrates eligibility for lawful permanent residence status on a conditional basis under section 102(b); and (ii) subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien first submits an application for benefits under this title. (B) Background checks.--Subsection (a)(5) shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial application in the same manner as it applies to an alien seeking removal of the conditional basis of an alien's permanent resident status. Section 102(b)(4) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien. (C) Application fees.--In the case of an alien seeking lawful permanent resident status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4), subject to the exemption allowed under section 303(c), but shall not be required to pay the application fee under section 102(b)(3). SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed. (b) Effective Date.--The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546). TITLE II--AMERICAN PROMISE ACT OF 2021 SEC. 201. SHORT TITLE. This title may be cited as the ``American Promise Act of 2021''. SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE. (a) In General.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b) if the alien-- (1) applies for such adjustment, including submitting any required documents under section 307, not later than 3 years after the date of the enactment of this Act; (2) has been continuously physically present in the United States for a period of not less than 3 years; and (3) subject to subsection (c), is not inadmissible under paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (b) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status under this section if the alien is an individual-- (1) who-- (A) is a national of a foreign state (or part thereof) (or in the case of an alien having no nationality, is a person who last habitually resided in such state) with a designation under subsection (b) of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of such section; and (B) has not engaged in conduct since such date that would render the alien ineligible for temporary protected status under section 244(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); or (2) who was eligible for Deferred Enforced Departure as of January 20, 2021 and has not engaged in conduct since that date that would render the alien ineligible for Deferred Enforced Departure. (c) Waiver of Grounds of Inadmissibility.-- (1) In general.--Except as provided in paragraph (2), with respect to any benefit under this title, and in addition to any waivers that are otherwise available, the Secretary may waive the grounds of inadmissibility under paragraph (1), subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs (D) through (G) of paragraph (6), or paragraph (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (2) Exception.--The Secretary may not waive a ground described in paragraph (1) if such inadmissibility is based on a conviction or convictions, and such conviction or convictions would otherwise render the alien ineligible under section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)). (d) Application.-- (1) Fee.--The Secretary shall, subject to an exemption under section 303(c), require an alien applying for adjustment of status under this section to pay a reasonable fee that is commensurate with the cost of processing the application, but does not exceed $1,140. (2) Background checks.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied. (3) Withdrawal of application.--The Secretary of Homeland Security shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 203. CLARIFICATION. Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the following: ``as having been inspected and admitted into the United States, and''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. (a) In General.--In this Act: (1) In general.--Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Appropriate united states district court.--The term ``appropriate United States district court'' means the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien's principal place of residence. (3) Area career and technical education school.--The term ``area career and technical education school'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (4) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012. (5) Disability.--The term ``disability'' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). (6) Federal poverty line.--The term ``Federal poverty line'' has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C. 1183a). (7) High school; secondary school.--The terms ``high school'' and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (9) Institution of higher education.--The term ``institution of higher education''-- (A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and (B) does not include an institution of higher education outside of the United States. (10) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (11) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security. (12) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code. (b) Treatment of Expunged Convictions.--For purposes of adjustment of status under this Act, the terms ``convicted'' and ``conviction'', as used in this Act and in sections 212 and 244 of the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent. SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND CHECKS. (a) Submission of Biometric and Biographic Data.--The Secretary may not grant an alien adjustment of status under this Act, on either a conditional or permanent basis, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (b) Background Checks.--The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this Act, on either a conditional or permanent basis. The status of an alien may not be adjusted, on either a conditional or permanent basis, unless security and law enforcement background checks are completed to the satisfaction of the Secretary. SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; AND OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS. (a) Limitation on Removal.--An alien who appears to be prima facie eligible for relief under this Act shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 306(c)(2), a final decision establishing ineligibility for relief is rendered. (b) Application.--An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this Act. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. (c) Fee Exemption.--An applicant may be exempted from paying an application fee required under this Act if the applicant-- (1) is 18 years of age or younger; (2) received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this Act, that is less than 150 percent of the Federal poverty line; (3) is in foster care or otherwise lacks any parental or other familial support; or (4) cannot care for himself or herself because of a serious, chronic disability. (d) Advance Parole.--During the period beginning on the date on which an alien applies for adjustment of status under this Act and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this Act. (e) Employment.--An alien whose removal is stayed pursuant to this Act, who may not be placed in removal proceedings pursuant to this Act, or who has pending an application under this Act, shall, upon application to the Secretary, be granted an employment authorization document. SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE. (a) Effect of Notice to Appear.--Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)). (b) Treatment of Certain Breaks in Presence or Residence.-- (1) In general.--Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain-- (A) continuous physical presence in the United States under this Act if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days; and (B) continuous residence in the United States under this Act if the alien has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that the alien did not in fact abandon residence in the United States during such period. (2) Extensions for extenuating circumstances.--The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control, including-- (A) the serious illness of the alien; (B) death or serious illness of a parent, grandparent, sibling, or child of the alien; (C) processing delays associated with the application process for a visa or other travel document; or (D) restrictions on international travel due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-19. (3) Travel authorized by the secretary.--Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1). (c) Waiver of Physical Presence.--With respect to aliens who were removed or departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 4 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 102(b)(1)(A) or section 202(a)(2) for humanitarian purposes, for family unity, or because a waiver is otherwise in the public interest. The Secretary, in consultation with the Secretary of State, shall establish a procedure for such aliens to apply for relief under section 102 or 202 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure. SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. Nothing in this Act or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)). SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this Act a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (b) Judicial Review.--Except as provided in subsection (c), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an appropriate United States district court. (c) Stay of Removal.-- (1) In general.--Except as provided in paragraph (2), an alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this Act. (2) Exception.--The Secretary may remove an alien described in paragraph (1) pending judicial review if such removal is based on criminal or national security grounds described in this Act. Such removal shall not affect the alien's right to judicial review under this Act. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this Act, or to revoke such status, is reversed. SEC. 307. DOCUMENTATION REQUIREMENTS. (a) Documents Establishing Identity.--An alien's application for permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) may include, as evidence of identity, the following: (1) A passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint. (2) The alien's birth certificate and an identity card that includes the alien's name and photograph. (3) A school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school. (4) A Uniformed Services identification card issued by the Department of Defense. (5) Any immigration or other document issued by the United States Government bearing the alien's name and photograph. (6) A State-issued identification card bearing the alien's name and photograph. (7) Any other evidence determined to be credible by the Secretary. (b) Documents Establishing Entry, Continuous Physical Presence, Lack of Abandonment of Residence.--To establish that an alien was 18 years of age or younger on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 102(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 102(b)(1)(A) or 202(a)(2), or that an alien has not abandoned residence in the United States, as required under section 104(a)(1)(B), the alien may submit the following forms of evidence: (1) Passport entries, including admission stamps on the alien's passport. (2) Any document from the Department of Justice or the Department of Homeland Security noting the alien's date of entry into the United States. (3) Records from any educational institution the alien has attended in the United States. (4) Employment records of the alien that include the employer's name and contact information, or other records demonstrating earned income. (5) Records of service from the Uniformed Services. (6) Official records from a religious entity confirming the alien's participation in a religious ceremony. (7) A birth certificate for a child who was born in the United States. (8) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (9) Automobile license receipts or registration. (10) Deeds, mortgages, or rental agreement contracts. (11) Rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address. (12) Tax receipts. (13) Insurance policies. (14) Remittance records, including copies of money order receipts sent in or out of the country. (15) Travel records. (16) Dated bank transactions. (17) Two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the United States, that contain-- (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien. (18) Any other evidence determined to be credible by the Secretary. (c) Documents Establishing Admission to an Institution of Higher Education.--To establish that an alien has been admitted to an institution of higher education, the alien may submit to the Secretary a document from the institution of higher education certifying that the alien-- (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student. (d) Documents Establishing Receipt of a Degree From an Institution of Higher Education.--To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien may submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree. (e) Documents Establishing Receipt of a High School Diploma, General Educational Development Credential, or a Recognized Equivalent.--To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 102(b)(1)(D)(iii), the alien may submit to the Secretary the following: (1) A high school diploma, certificate of completion, or other alternate award. (2) A high school equivalency diploma or certificate recognized under State law. (3) Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States. (4) Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award. (5) Evidence that the alien obtained a recognized postsecondary credential. (6) Any other evidence determined to be credible by the Secretary. (f) Documents Establishing Enrollment in an Educational Program.-- To establish that an alien is enrolled in any school or education program described in section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may submit school records from the United States school that the alien is currently attending that include-- (1) the name of the school; and (2) the alien's name, periods of attendance, and current grade or educational level. (g) Documents Establishing Exemption From Application Fees.--To establish that an alien is exempt from an application fee under this Act, the alien may submit to the Secretary the following relevant documents: (1) Documents to establish age.--To establish that an alien meets an age requirement, the alien may provide proof of identity, as described in subsection (a), that establishes that the alien is 18 years of age or younger. (2) Documents to establish income.--To establish the alien's income, the alien may provide-- (A) employment records or other records of earned income, including records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, or serious, chronic disability.--To establish that the alien is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (h) Documents Establishing Qualification for Hardship Exemption.-- To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 104(a)(2)(C), the alien may submit to the Secretary at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain-- (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien. (i) Documents Establishing Service in the Uniformed Services.--To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien may submit to the Secretary-- (1) a Department of Defense form DD-214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service. (j) Documents Establishing Earned Income.-- (1) In general.--An alien may satisfy the earned income requirement under section 104(a)(1)(C)(iii) by submitting records that-- (A) establish compliance with such requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents.--An alien who is unable to submit the records described in paragraph (1) may satisfy the earned income requirement by submitting at least two types of reliable documents that provide evidence of employment or other forms of earned income, including-- (A) bank records; (B) business records; (C) employer or contractor records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work, that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; (F) remittance records; or (G) any other evidence determined to be credible by the Secretary. (k) Authority to Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. SEC. 308. RULE MAKING. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this Act, which shall allow eligible individuals to immediately apply for relief under this Act. Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication. (b) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code, (commonly known as the ``Paperwork Reduction Act'') shall not apply to any action to implement this Act. SEC. 309. CONFIDENTIALITY OF INFORMATION. (a) In General.--The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement. (b) Referrals Prohibited.--The Secretary, based solely on information provided in an application for adjustment of status under this Act (including information provided during administrative or judicial review) or an application for DACA, may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited Exception.--Notwithstanding subsections (a) and (b), information provided in an application for adjustment of status under this Act may be shared with Federal security and law enforcement agencies-- (1) for assistance in the consideration of an application for adjustment of status under this Act; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony offense not related to immigration status. (d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this Act by providing them with the services described in subsection (b). (b) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs that provide-- (1) information to the public regarding the eligibility and benefits of permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)), particularly to individuals potentially eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)), including-- (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; and (C) providing any other assistance that the Secretary or grantee considers useful or necessary to apply for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)); and (3) assistance, within the scope of authorized practice of immigration law, and instruction, to individuals-- (A) on the rights and responsibilities of United States citizenship; (B) in civics and English as a second language; (C) in preparation for the General Education Development test; and (D) in applying for adjustment of status and United States citizenship. (c) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2022 through 2032 to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS. An alien's eligibility to be lawfully admitted for permanent residence under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible. SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL. (a) In General.--Except as provided in section 302 and in cases where the applicant is exempt from paying a fee under section 303(c), in any case in which a fee is charged pursuant to this Act, an additional surcharge of $25 shall be imposed and collected for the purpose of providing appointed counsel to applicants seeking judicial review of the Secretary's decision to provisionally deny an application under this Act. (b) Immigration Counsel Account.--There is established in the general fund of the Treasury a separate account which shall be known as the ``Immigration Counsel Account''. Fees collected under subsection (a) shall be deposited into the Immigration Counsel Account and shall remain available until expended for purposes of providing appointed counsel as required under this Act. (c) Report.--At the end of each 2-year period, beginning with the establishment of this account, the Secretary of Homeland Security shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing appointed counsel as required under this Act. SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress a report detailing the number of applicants that receive-- (1) a provisional denial under this Act; (2) a final denial under this Act without seeking judicial review; (3) a final denial under this Act after seeking judicial review; and (4) an approval under this Act after seeking judicial review. Passed the House of Representatives March 18, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 6 _______________________________________________________________________ AN ACT To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes.
H.R. 6 (Introduced in House) - American Dream and Promise Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr6ih/html/BILLS-117hr6ih.htm	DOC 117th CONGRESS 1st Session H. R. 6 To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 3, 2021 Ms. Roybal-Allard (for herself, Ms. Velazquez, Ms. Clarke of New York, Ms. Lofgren, Mr. Nadler, Ms. Pelosi, Mr. Hoyer, Mr. Clyburn, Mr. Jeffries, Mr. Aguilar, Mr. Ruiz, Ms. Barragan, Mr. Carbajal, Mr. Cardenas, Mr. Castro of Texas, Mr. Correa, Mr. Costa, Mr. Cuellar, Mr. Delgado, Ms. Escobar, Mr. Espaillat, Mr. Gallego, Ms. Garcia of Texas, Mr. Gomez, Mr. Grijalva, Ms. Leger Fernandez, Mr. Levin of California, Mrs. Napolitano, Mr. Sablan, Ms. Sanchez, Mr. San Nicolas, Mr. Sires, Mr. Soto, Mrs. Torres of California, Mr. Torres of New York, Mrs. Trahan, Mr. Vargas, Mr. Vela, Mr. Auchincloss, Ms. Bass, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Blumenauer, Ms. Bonamici, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Mrs. Bustos, Mr. Casten, Ms. Chu, Ms. Clark of Massachusetts, Mr. Connolly, Mr. Cooper, Mr. Crist, Ms. Davids of Kansas, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DeLauro, Ms. DelBene, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Doggett, Ms. Eshoo, Mr. Evans, Mrs. Fletcher, Mr. Garamendi, Mr. Harder of California, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Himes, Mr. Huffman, Ms. Jacobs of California, Ms. Jayapal, Mr. Jones, Mr. Kahele, Ms. Kelly of Illinois, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Kind, Mr. Krishnamoorthi, Mr. Larsen of Washington, Mrs. Lawrence, Ms. Lee of California, Mr. Levin of Michigan, Mr. Lowenthal, Mrs. Carolyn B. Maloney of New York, Ms. Manning, Ms. Matsui, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. Meeks, Ms. Meng, Ms. Moore of Wisconsin, Mrs. Murphy of Florida, Mr. Neguse, Ms. Newman, Ms. Norton, Mr. O'Halleran, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Perlmutter, Mr. Peters, Ms. Pingree, Ms. Plaskett, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Ms. Ross, Mr. Rush, Mr. Ryan, Ms. Scanlon, Ms. Schrier, Mr. Schiff, Mr. Schrader, Mr. Smith of Washington, Mr. Stanton, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Watson Coleman, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Dream and Promise Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DREAM ACT OF 2021 Sec. 101. Short title. Sec. 102. Permanent resident status on a conditional basis for certain long-term residents who entered the United States as children. Sec. 103. Terms of permanent resident status on a conditional basis. Sec. 104. Removal of conditional basis of permanent resident status. Sec. 105. Restoration of State option to determine residency for purposes of higher education benefits. TITLE II--AMERICAN PROMISE ACT OF 2021 Sec. 201. Short title. Sec. 202. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. Sec. 203. Clarification. TITLE III--GENERAL PROVISIONS Sec. 301. Definitions. Sec. 302. Submission of biometric and biographic data; background checks. Sec. 303. Limitation on removal; application and fee exemption; and other conditions on eligible individuals. Sec. 304. Determination of continuous presence and residence. Sec. 305. Exemption from numerical limitations. Sec. 306. Availability of administrative and judicial review. Sec. 307. Documentation requirements. Sec. 308. Rulemaking. Sec. 309. Confidentiality of information. Sec. 310. Grant program to assist eligible applicants. Sec. 311. Provisions affecting eligibility for adjustment of status. Sec. 312. Supplementary surcharge for appointed counsel. Sec. 313. Annual report on provisional denial authority. TITLE I--DREAM ACT OF 2021 SEC. 101. SHORT TITLE. This title may be cited as the ``Dream Act of 2021''. SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. (a) Conditional Basis for Status.--Notwithstanding any other provision of law, and except as provided in section 104(c)(2), an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this title. (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 104(c)(2), an alien who is inadmissible or deportable from the United States, is subject to a grant of Deferred Enforced Departure, has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), or is the son or daughter of an alien admitted as a nonimmigrant under subparagraphs (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) if-- (A) the alien has been continuously physically present in the United States since January 1, 2021; (B) the alien was 18 years of age or younger on the date on which the alien entered the United States and has continuously resided in the United States since such entry; (C) the alien-- (i) subject to paragraph (2), is not inadmissible under paragraph (1), (6)(E), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection (c), subject to the provisions of such subsection; and (D) the alien-- (i) has been admitted to an institution of higher education; (ii) has been admitted to an area career and technical education school at the postsecondary level; (iii) in the United States, has obtained-- (I) a high school diploma or a commensurate alternative award from a public or private high school; (II) a General Education Development credential, a high school equivalency diploma recognized under State law, or another similar State- authorized credential; (III) a credential or certificate from an area career and technical education school at the secondary level; or (IV) a recognized postsecondary credential; or (iv) is enrolled in secondary school or in an education program assisting students in-- (I) obtaining a high school diploma or its recognized equivalent under State law; (II) passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam; (III) obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or (IV) obtaining a recognized postsecondary credential. (2) Waiver of grounds of inadmissibility.--With respect to any benefit under this title, and in addition to the waivers under subsection (c)(2), the Secretary may waive the grounds of inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (3) Application fee.-- (A) In general.--The Secretary may, subject to an exemption under section 303(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00. (B) Special procedures for applicants with daca.-- The Secretary shall establish a streamlined procedure for aliens who have been granted DACA and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section, or without the conditional basis as provided in section 104(c)(2). Such procedure shall not include a requirement that the applicant pay a fee, except that the Secretary may require an applicant who meets the requirements for lawful permanent residence without the conditional basis under section 104(c)(2) to pay a fee that is commensurate with the cost of processing the application, subject to the exemption under section 303(c). (4) Background checks.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied. (5) Military selective service.--An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 104(c)(2), shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. (c) Criminal and National Security Bars.-- (1) Grounds of ineligibility.--Except as provided in paragraph (2), an alien is ineligible for adjustment of status under this title (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) if any of the following apply: (A) The alien is inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (B) Excluding any offense under State law for which an essential element is the alien's immigration status, and any minor traffic offense, the alien has been convicted of-- (i) any felony offense; (ii) three or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or (iii) a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been-- (I) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; (II) battered or subjected to extreme cruelty; or (III) a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)). (2) Waivers for certain misdemeanors.--For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may-- (A) waive the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) (subject to subparagraph (B)); and (B) for purposes of clauses (ii) and (iii) of paragraph (1)(B), waive consideration of-- (i) one misdemeanor offense if the alien has not been convicted of any offense in the 5- year period preceding the date on which the alien applies for adjustment of status under this title; or (ii) up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this title. (3) Authority to conduct secondary review.-- (A) In general.--Notwithstanding an alien's eligibility for adjustment of status under this title, and subject to the procedures described in this paragraph, the Secretary may, as a matter of non- delegable discretion, provisionally deny an application for adjustment of status (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph (B) or (D). (B) Public safety.--An alien is described in this subparagraph if-- (i) excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien's immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien-- (I) has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or (II) has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility; and (ii) the alien poses a significant and continuing threat to public safety related to such conviction or adjudication. (C) Public safety determination.--For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury; and any mitigating factors pertaining to the alien's role in the commission of the offense. (D) Gang participation.--An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses. (E) Evidentiary limitation.--For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph. (F) Notice.-- (i) In general.--Prior to rendering a discretionary decision under this paragraph, the Secretary shall provide written notice of the intent to provisionally deny the application to the alien (or the alien's counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication). Such notice shall-- (I) articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and (II) provide the alien with not less than 90 days to respond. (ii) Second notice.--Not more than 30 days after the issuance of the notice under clause (i), the Secretary shall provide a second written notice that meets the requirements of such clause. (iii) Notice not received.--Notwithstanding any other provision of law, if an applicant provides good cause for not contesting a provisional denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary shall, upon a motion filed by the alien, reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond, consistent with clause (i)(II). (G) Judicial review of a provisional denial.-- (i) In general.--Notwithstanding any other provision of law, if, after notice and the opportunity to respond under subparagraph (F), the Secretary provisionally denies an application for adjustment of status under this Act, the alien shall have 60 days from the date of the Secretary's determination to seek review of such determination in an appropriate United States district court. (ii) Scope of review and decision.-- Notwithstanding any other provision of law, review under paragraph (1) shall be de novo and based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (iii) Appointed counsel.--Notwithstanding any other provision of law, an applicant seeking judicial review under clause (i) shall be represented by counsel. Upon the request of the applicant, counsel shall be appointed for the applicant, in accordance with procedures to be established by the Attorney General within 90 days of the date of the enactment of this Act, and shall be funded in accordance with fees collected and deposited in the Immigration Counsel Account under section 312. (4) Definitions.--For purposes of this subsection-- (A) the term ``felony offense'' means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; (B) the term ``misdemeanor offense'' means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year; and (C) the term ``crime of domestic violence'' means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian Tribal government, or unit of local government. (d) Limitation on Removal of Certain Alien Minors.--An alien who is 18 years of age or younger and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection. The Attorney General or the Secretary may not commence or continue with removal proceedings against such an alien. (e) Withdrawal of Application.--The Secretary shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application, and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS. (a) Period of Status.--Permanent resident status on a conditional basis is-- (1) valid for a period of 10 years, unless such period is extended by the Secretary; and (2) subject to revocation under subsection (c). (b) Notice of Requirements.--At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed. (c) Revocation of Status.--The Secretary may revoke the permanent resident status on a conditional basis of an alien only if the Secretary-- (1) determines that the alien ceases to meet the requirements under section 102(b)(1)(C); and (2) prior to the revocation, provides the alien-- (A) notice of the proposed revocation; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation. (d) Return to Previous Immigration Status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis. SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS. (a) Eligibility for Removal of Conditional Basis.-- (1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) is described in section 102(b)(1)(C); (B) has not abandoned the alien's residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and (C)(i) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor's degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) demonstrates earned income for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that, in the case of an alien who was enrolled in an institution of higher education, an area career and technical education school to obtain a recognized postsecondary credential, or an education program described in section 102(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment. (2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that-- (i) the alien has a disability; (ii) the alien is a full-time caregiver; or (iii) the removal of the alien from the United States would result in hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement.-- (A) In general.--Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)). (B) Exception.--Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee.--The Secretary may, subject to an exemption under section 303(c), require aliens applying for removal of the conditional basis of an alien's permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (5) Background checks.--The Secretary may not remove the conditional basis of an alien's permanent resident status until the requirements of section 302 are satisfied. (b) Treatment for Purposes of Naturalization.-- (1) In general.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. (2) Limitation on application for naturalization.--An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis. (c) Timing of Approval of Lawful Permanent Resident Status.-- (1) In general.--An alien granted permanent resident status on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a). (2) Approval with regard to initial applications.-- (A) In general.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent resident status without conditional basis, any alien who-- (i) demonstrates eligibility for lawful permanent residence status on a conditional basis under section 102(b); and (ii) subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien first submits an application for benefits under this title. (B) Background checks.--Subsection (a)(5) shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial application in the same manner as it applies to an alien seeking removal of the conditional basis of an alien's permanent resident status. Section 102(b)(4) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien. (C) Application fees.--In the case of an alien seeking lawful permanent resident status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4), subject to the exemption allowed under section 303(c), but shall not be required to pay the application fee under section 102(b)(3). SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed. (b) Effective Date.--The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546). (c) Limitation of Federal Student Assistance.--Notwithstanding any other provision of law, an alien who has permanent resident status on a conditional basis under this title shall be eligible only for the following assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.): (1) Student loans under parts D and E of such title IV (20 U.S.C. 1087a et seq. and 1087aa et seq.), subject to the requirements of such parts. (2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part. (3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services. TITLE II--AMERICAN PROMISE ACT OF 2021 SEC. 201. SHORT TITLE. This title may be cited as the ``American Promise Act of 2021''. SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE. (a) In General.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall cancel the removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b) if the alien-- (1) applies for such adjustment, including submitting any required documents under section 307, not later than 3 years after the date of the enactment of this Act; (2) has been continuously physically present in the United States for a period of not less than 3 years; and (3) subject to subsection (c), is not inadmissible under paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (b) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status under this section if the alien is an individual-- (1) who-- (A) is a national of a foreign state (or part thereof) (or in the case of an alien having no nationality, is a person who last habitually resided in such state) with a designation under subsection (b) of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of such section; and (B) has not engaged in conduct since such date that would render the alien ineligible for temporary protected status under section 244(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); or (2) who was eligible for Deferred Enforced Departure as of January 20, 2021, and has not engaged in conduct since that date that would render the alien ineligible for Deferred Enforced Departure. (c) Waiver of Grounds of Inadmissibility.-- (1) In general.--Except as provided in paragraph (2), with respect to any benefit under this title, and in addition to any waivers that are otherwise available, the Secretary may waive the grounds of inadmissibility under paragraph (1), subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs (D) through (G) of paragraph (6), or paragraph (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (2) Exception.--The Secretary may not waive a ground described in paragraph (1) if such inadmissibility is based on a conviction or convictions, and such conviction or convictions would otherwise render the alien ineligible under section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)). (d) Application.-- (1) Fee.--The Secretary shall, subject to an exemption under section 303(c), require an alien applying for adjustment of status under this section to pay a reasonable fee that is commensurate with the cost of processing the application, but does not exceed $1,140. (2) Background checks.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied. (3) Withdrawal of application.--The Secretary of Homeland Security shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 203. CLARIFICATION. Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the following: ``as having been inspected and admitted into the United States, and''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. (a) In General.--In this Act: (1) In general.--Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Appropriate united states district court.--The term ``appropriate United States district court'' means the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien's principal place of residence. (3) Area career and technical education school.--The term ``area career and technical education school'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (4) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012. (5) Disability.--The term ``disability'' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). (6) Federal poverty line.--The term ``Federal poverty line'' has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C. 1183a). (7) High school; secondary school.--The terms ``high school'' and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (9) Institution of higher education.--The term ``institution of higher education''-- (A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and (B) does not include an institution of higher education outside of the United States. (10) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (11) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security. (12) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code. (b) Treatment of Expunged Convictions.--For purposes of adjustment of status under this Act, the terms ``convicted'' and ``conviction'', as used in this Act and in sections 212 and 244 of the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent. SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND CHECKS. (a) Submission of Biometric and Biographic Data.--The Secretary may not grant an alien adjustment of status under this Act, on either a conditional or permanent basis, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (b) Background Checks.--The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this Act, on either a conditional or permanent basis. The status of an alien may not be adjusted, on either a conditional or permanent basis, unless security and law enforcement background checks are completed to the satisfaction of the Secretary. SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; AND OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS. (a) Limitation on Removal.--An alien who appears to be prima facie eligible for relief under this Act shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 306(c)(2), a final decision establishing ineligibility for relief is rendered. (b) Application.--An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this Act. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. (c) Fee Exemption.--An applicant may be exempted from paying an application fee required under this Act if the applicant-- (1) is 18 years of age or younger; (2) received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this Act, that is less than 150 percent of the Federal poverty line; (3) is in foster care or otherwise lacks any parental or other familial support; or (4) cannot care for himself or herself because of a serious, chronic disability. (d) Advance Parole.--During the period beginning on the date on which an alien applies for adjustment of status under this Act and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this Act. (e) Employment.--An alien whose removal is stayed pursuant to this Act, who may not be placed in removal proceedings pursuant to this Act, or who has pending an application under this Act, shall, upon application to the Secretary, be granted an employment authorization document. SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE. (a) Effect of Notice To Appear.--Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)). (b) Treatment of Certain Breaks in Presence or Residence.-- (1) In general.--Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain-- (A) continuous physical presence in the United States under this Act if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days; and (B) continuous residence in the United States under this Act if the alien has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that the alien did not in fact abandon residence in the United States during such period. (2) Extensions for extenuating circumstances.--The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control, including-- (A) the serious illness of the alien; (B) death or serious illness of a parent, grandparent, sibling, or child of the alien; (C) processing delays associated with the application process for a visa or other travel document; or (D) restrictions on international travel due to the COVID-19 public health emergency. (3) Travel authorized by the secretary.--Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1). (c) Waiver of Physical Presence.--With respect to aliens who were removed or departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 4 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 102(b)(1)(A) or section 202(a)(2) for humanitarian purposes, for family unity, or because a waiver is otherwise in the public interest. The Secretary, in consultation with the Secretary of State, shall establish a procedure for such aliens to apply for relief under section 102 or 202 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure. SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. Nothing in this Act or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)). SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this Act a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (b) Judicial Review.--Except as provided in subsection (c), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an appropriate United States district court. (c) Stay of Removal.-- (1) In general.--Except as provided in paragraph (2), an alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this Act. (2) Exception.--The Secretary may remove an alien described in paragraph (1) pending judicial review if such removal is based on criminal or national security grounds described in this Act. Such removal shall not affect the alien's right to judicial review under this Act. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this Act, or to revoke such status, is reversed. SEC. 307. DOCUMENTATION REQUIREMENTS. (a) Documents Establishing Identity.--An alien's application for permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) may include, as evidence of identity, the following: (1) A passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint. (2) The alien's birth certificate and an identity card that includes the alien's name and photograph. (3) A school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school. (4) A Uniformed Services identification card issued by the Department of Defense. (5) Any immigration or other document issued by the United States Government bearing the alien's name and photograph. (6) A State-issued identification card bearing the alien's name and photograph. (7) Any other evidence determined to be credible by the Secretary. (b) Documents Establishing Entry, Continuous Physical Presence, Lack of Abandonment of Residence.--To establish that an alien was 18 years of age or younger on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 102(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 102(b)(1)(A) or 202(a)(2), or that an alien has not abandoned residence in the United States, as required under section 104(a)(1)(B), the alien may submit the following forms of evidence: (1) Passport entries, including admission stamps on the alien's passport. (2) Any document from the Department of Justice or the Department of Homeland Security noting the alien's date of entry into the United States. (3) Records from any educational institution the alien has attended in the United States. (4) Employment records of the alien that include the employer's name and contact information, or other records demonstrating earned income. (5) Records of service from the Uniformed Services. (6) Official records from a religious entity confirming the alien's participation in a religious ceremony. (7) A birth certificate for a child who was born in the United States. (8) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (9) Automobile license receipts or registration. (10) Deeds, mortgages, or rental agreement contracts. (11) Rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address. (12) Tax receipts. (13) Insurance policies. (14) Remittance records, including copies of money order receipts sent in or out of the country. (15) Travel records. (16) Dated bank transactions. (17) Two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the United States, that contain-- (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien. (18) Any other evidence determined to be credible by the Secretary. (c) Documents Establishing Admission to an Institution of Higher Education.--To establish that an alien has been admitted to an institution of higher education, the alien may submit to the Secretary a document from the institution of higher education certifying that the alien-- (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student. (d) Documents Establishing Receipt of a Degree From an Institution of Higher Education.--To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien may submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree. (e) Documents Establishing Receipt of a High School Diploma, General Educational Development Credential, or a Recognized Equivalent.--To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 102(b)(1)(D)(iii), the alien may submit to the Secretary the following: (1) A high school diploma, certificate of completion, or other alternate award. (2) A high school equivalency diploma or certificate recognized under State law. (3) Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States. (4) Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award. (5) Evidence that the alien obtained a recognized postsecondary credential. (6) Any other evidence determined to be credible by the Secretary. (f) Documents Establishing Enrollment in an Educational Program.-- To establish that an alien is enrolled in any school or education program described in section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may submit school records from the United States school that the alien is currently attending that include-- (1) the name of the school; and (2) the alien's name, periods of attendance, and current grade or educational level. (g) Documents Establishing Exemption From Application Fees.--To establish that an alien is exempt from an application fee under this Act, the alien may submit to the Secretary the following relevant documents: (1) Documents to establish age.--To establish that an alien meets an age requirement, the alien may provide proof of identity, as described in subsection (a), that establishes that the alien is 18 years of age or younger. (2) Documents to establish income.--To establish the alien's income, the alien may provide-- (A) employment records or other records of earned income, including records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, or serious, chronic disability.--To establish that the alien is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (h) Documents Establishing Qualification for Hardship Exemption.-- To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 104(a)(2)(C), the alien may submit to the Secretary at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain-- (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien. (i) Documents Establishing Service in the Uniformed Services.--To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien may submit to the Secretary-- (1) a Department of Defense form DD-214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service. (j) Documents Establishing Earned Income.-- (1) In general.--An alien may satisfy the earned income requirement under section 104(a)(1)(C)(iii) by submitting records that-- (A) establish compliance with such requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents.--An alien who is unable to submit the records described in paragraph (1) may satisfy the earned income requirement by submitting at least two types of reliable documents that provide evidence of employment or other forms of earned income, including-- (A) bank records; (B) business records; (C) employer or contractor records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work, that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; (F) remittance records; or (G) any other evidence determined to be credible by the Secretary. (k) Authority To Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. SEC. 308. RULEMAKING. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this Act, which shall allow eligible individuals to immediately apply for relief under this Act. Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication. (b) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code, (commonly known as the ``Paperwork Reduction Act'') shall not apply to any action to implement this Act. SEC. 309. CONFIDENTIALITY OF INFORMATION. (a) In General.--The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement. (b) Referrals Prohibited.--The Secretary, based solely on information provided in an application for adjustment of status under this Act (including information provided during administrative or judicial review) or an application for DACA, may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited Exception.--Notwithstanding subsections (a) and (b), information provided in an application for adjustment of status under this Act may be shared with Federal security and law enforcement agencies-- (1) for assistance in the consideration of an application for adjustment of status under this Act; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony offense not related to immigration status. (d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this Act by providing them with the services described in subsection (b). (b) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs that provide-- (1) information to the public regarding the eligibility and benefits of permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)), particularly to individuals potentially eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)), including-- (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; and (C) providing any other assistance that the Secretary or grantee considers useful or necessary to apply for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)); and (3) assistance, within the scope of authorized practice of immigration law, and instruction, to individuals-- (A) on the rights and responsibilities of United States citizenship; (B) in civics and English as a second language; (C) in preparation for the General Education Development test; and (D) in applying for adjustment of status and United States citizenship. (c) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2022 through 2032 to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS. An alien's eligibility to be lawfully admitted for permanent residence under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible. SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL. (a) In General.--Except as provided in section 302 and in cases where the applicant is exempt from paying a fee under section 303(c), in any case in which a fee is charged pursuant to this Act, an additional surcharge of $25 shall be imposed and collected for the purpose of providing appointed counsel to applicants seeking judicial review of the Secretary's decision to provisionally deny an application under this Act. (b) Immigration Counsel Account.--There is established in the general fund of the Treasury a separate account which shall be known as the ``Immigration Counsel Account''. Fees collected under subsection (a) shall be deposited into the Immigration Counsel Account and shall remain available until expended for purposes of providing appointed counsel as required under this Act. (c) Report.--At the end of each 2-year period, beginning with the establishment of this account, the Secretary of Homeland Security shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing appointed counsel as required under this Act. SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress a report detailing the number of applicants that receive-- (1) a provisional denial under this Act; (2) a final denial under this Act without seeking judicial review; (3) a final denial under this Act after seeking judicial review; and (4) an approval under this Act after seeking judicial review. all
H.R. 6 (Referred in Senate) - American Dream and Promise Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr6rfs/html/BILLS-117hr6rfs.htm	DOC 117th CONGRESS 1st Session H. R. 6 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 22, 2021 Received; read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To authorize the cancellation of removal and adjustment of status of certain aliens, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Dream and Promise Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DREAM ACT OF 2021 Sec. 101. Short title. Sec. 102. Permanent resident status on a conditional basis for certain long-term residents who entered the united states as children. Sec. 103. Terms of permanent resident status on a conditional basis. Sec. 104. Removal of conditional basis of permanent resident status. Sec. 105. Restoration of State option to determine residency for purposes of higher education benefits. TITLE II--AMERICAN PROMISE ACT OF 2021 Sec. 201. Short title. Sec. 202. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure. Sec. 203. Clarification. TITLE III--GENERAL PROVISIONS Sec. 301. Definitions. Sec. 302. Submission of biometric and biographic data; background checks. Sec. 303. Limitation on removal; application and fee exemption; and other conditions on eligible individuals. Sec. 304. Determination of continuous presence and residence. Sec. 305. Exemption from numerical limitations. Sec. 306. Availability of administrative and judicial review. Sec. 307. Documentation requirements. Sec. 308. Rule making. Sec. 309. Confidentiality of information. Sec. 310. Grant program to assist eligible applicants. Sec. 311. Provisions affecting eligibility for adjustment of status. Sec. 312. Supplementary surcharge for appointed counsel. Sec. 313. Annual report on provisional denial authority. TITLE I--DREAM ACT OF 2021 SEC. 101. SHORT TITLE. This title may be cited as the ``Dream Act of 2021''. SEC. 102. PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS FOR CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE UNITED STATES AS CHILDREN. (a) Conditional Basis for Status.--Notwithstanding any other provision of law, and except as provided in section 104(c)(2), an alien shall be considered, at the time of obtaining the status of an alien lawfully admitted for permanent residence under this section, to have obtained such status on a conditional basis subject to the provisions of this title. (b) Requirements.-- (1) In general.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence on a conditional basis, or without the conditional basis as provided in section 104(c)(2), an alien who is inadmissible or deportable from the United States, is subject to a grant of Deferred Enforced Departure, has temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a), or is the son or daughter of an alien admitted as a nonimmigrant under subparagraphs (E)(i), (E)(ii), (H)(i)(b), or (L) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)) if-- (A) the alien has been continuously physically present in the United States since January 1, 2021; (B) the alien was 18 years of age or younger on the date on which the alien entered the United States and has continuously resided in the United States since such entry; (C) the alien-- (i) subject to paragraph (2), is not inadmissible under paragraph (1), (6)(E), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); (ii) has not ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion; and (iii) is not barred from adjustment of status under this title based on the criminal and national security grounds described under subsection (c), subject to the provisions of such subsection; and (D) the alien-- (i) has been admitted to an institution of higher education; (ii) has been admitted to an area career and technical education school at the postsecondary level; (iii) in the United States, has obtained-- (I) a high school diploma or a commensurate alternative award from a public or private high school; (II) a General Education Development credential, a high school equivalency diploma recognized under State law, or another similar State- authorized credential; (III) a credential or certificate from an area career and technical education school at the secondary level; or (IV) a recognized postsecondary credential; or (iv) is enrolled in secondary school or in an education program assisting students in-- (I) obtaining a high school diploma or its recognized equivalent under State law; (II) passing the General Education Development test, a high school equivalence diploma examination, or other similar State-authorized exam; (III) obtaining a certificate or credential from an area career and technical education school providing education at the secondary level; or (IV) obtaining a recognized postsecondary credential. (2) Waiver of grounds of inadmissibility.--With respect to any benefit under this title, and in addition to the waivers under subsection (c)(2), the Secretary may waive the grounds of inadmissibility under paragraph (1), (6)(E), (6)(G), or (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (3) Application fee.-- (A) In general.--The Secretary may, subject to an exemption under section 303(c), require an alien applying under this section to pay a reasonable fee that is commensurate with the cost of processing the application but does not exceed $495.00. (B) Special procedures for applicants with daca.-- The Secretary shall establish a streamlined procedure for aliens who have been granted DACA and who meet the requirements for renewal (under the terms of the program in effect on January 1, 2017) to apply for adjustment of status to that of an alien lawfully admitted for permanent residence on a conditional basis under this section, or without the conditional basis as provided in section 104(c)(2). Such procedure shall not include a requirement that the applicant pay a fee, except that the Secretary may require an applicant who meets the requirements for lawful permanent residence without the conditional basis under section 104(c)(2) to pay a fee that is commensurate with the cost of processing the application, subject to the exemption under section 303(c). (4) Background checks.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied. (5) Military selective service.--An alien applying for permanent resident status on a conditional basis under this section, or without the conditional basis as provided in section 104(c)(2), shall establish that the alien has registered under the Military Selective Service Act (50 U.S.C. 3801 et seq.), if the alien is subject to registration under such Act. (c) Criminal and National Security Bars.-- (1) Grounds of ineligibility.--Except as provided in paragraph (2), an alien is ineligible for adjustment of status under this title (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) if any of the following apply: (A) The alien is inadmissible under paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (B) Excluding any offense under State law for which an essential element is the alien's immigration status, and any minor traffic offense, the alien has been convicted of-- (i) any felony offense; (ii) three or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, and any offense involving civil disobedience without violence) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct; or (iii) a misdemeanor offense of domestic violence, unless the alien demonstrates that such crime is related to the alien having been-- (I) a victim of domestic violence, sexual assault, stalking, child abuse or neglect, abuse or neglect in later life, or human trafficking; (II) battered or subjected to extreme cruelty; or (III) a victim of criminal activity described in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(U)(iii)). (2) Waivers for certain misdemeanors.--For humanitarian purposes, family unity, or if otherwise in the public interest, the Secretary may-- (A) waive the grounds of inadmissibility under subparagraphs (A), (C), and (D) of section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)), unless the conviction forming the basis for inadmissibility would otherwise render the alien ineligible under paragraph (1)(B) (subject to subparagraph (B)); and (B) for purposes of clauses (ii) and (iii) of paragraph (1)(B), waive consideration of-- (i) one misdemeanor offense if the alien has not been convicted of any offense in the 5- year period preceding the date on which the alien applies for adjustment of status under this title; or (ii) up to two misdemeanor offenses if the alien has not been convicted of any offense in the 10-year period preceding the date on which the alien applies for adjustment of status under this title. (3) Authority to conduct secondary review.-- (A) In general.--Notwithstanding an alien's eligibility for adjustment of status under this title, and subject to the procedures described in this paragraph, the Secretary may, as a matter of non- delegable discretion, provisionally deny an application for adjustment of status (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) if the Secretary, based on clear and convincing evidence, which shall include credible law enforcement information, determines that the alien is described in subparagraph (B) or (D). (B) Public safety.--An alien is described in this subparagraph if-- (i) excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia which is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the alien's immigration status, any offense involving civil disobedience without violence, and any minor traffic offense, the alien-- (I) has been convicted of a misdemeanor offense punishable by a term of imprisonment of more than 30 days; or (II) has been adjudicated delinquent in a State or local juvenile court proceeding that resulted in a disposition ordering placement in a secure facility; and (ii) the alien poses a significant and continuing threat to public safety related to such conviction or adjudication. (C) Public safety determination.--For purposes of subparagraph (B)(ii), the Secretary shall consider the recency of the conviction or adjudication; the length of any imposed sentence or placement; the nature and seriousness of the conviction or adjudication, including whether the elements of the offense include the unlawful possession or use of a deadly weapon to commit an offense or other conduct intended to cause serious bodily injury; and any mitigating factors pertaining to the alien's role in the commission of the offense. (D) Gang participation.--An alien is described in this subparagraph if the alien has, within the 5 years immediately preceding the date of the application, knowingly, willfully, and voluntarily participated in offenses committed by a criminal street gang (as described in subsections (a) and (c) of section 521 of title 18, United States Code) with the intent to promote or further the commission of such offenses. (E) Evidentiary limitation.--For purposes of subparagraph (D), allegations of gang membership obtained from a State or Federal in-house or local database, or a network of databases used for the purpose of recording and sharing activities of alleged gang members across law enforcement agencies, shall not establish the participation described in such paragraph. (F) Notice.-- (i) In general.--Prior to rendering a discretionary decision under this paragraph, the Secretary shall provide written notice of the intent to provisionally deny the application to the alien (or the alien's counsel of record, if any) by certified mail and, if an electronic mail address is provided, by electronic mail (or other form of electronic communication). Such notice shall-- (I) articulate with specificity all grounds for the preliminary determination, including the evidence relied upon to support the determination; and (II) provide the alien with not less than 90 days to respond. (ii) Second notice.--Not more than 30 days after the issuance of the notice under clause (i), the Secretary shall provide a second written notice that meets the requirements of such clause. (iii) Notice not received.--Notwithstanding any other provision of law, if an applicant provides good cause for not contesting a provisional denial under this paragraph, including a failure to receive notice as required under this subparagraph, the Secretary shall, upon a motion filed by the alien, reopen an application for adjustment of status under this title and allow the applicant an opportunity to respond, consistent with clause (i)(II). (G) Judicial review of a provisional denial.-- (i) In general.--Notwithstanding any other provision of law, if, after notice and the opportunity to respond under subparagraph (F), the Secretary provisionally denies an application for adjustment of status under this Act, the alien shall have 60 days from the date of the Secretary's determination to seek review of such determination in an appropriate United States district court. (ii) Scope of review and decision.-- Notwithstanding any other provision of law, review under paragraph (1) shall be de novo and based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (iii) Appointed counsel.--Notwithstanding any other provision of law, an applicant seeking judicial review under clause (i) shall be represented by counsel. Upon the request of the applicant, counsel shall be appointed for the applicant, in accordance with procedures to be established by the Attorney General within 90 days of the date of the enactment of this Act, and shall be funded in accordance with fees collected and deposited in the Immigration Counsel Account under section 312. (4) Definitions.--For purposes of this subsection-- (A) the term ``felony offense'' means an offense under Federal or State law that is punishable by a maximum term of imprisonment of more than 1 year; (B) the term ``misdemeanor offense'' means an offense under Federal or State law that is punishable by a term of imprisonment of more than 5 days but not more than 1 year; and (C) the term ``crime of domestic violence'' means any offense that has as an element the use, attempted use, or threatened use of physical force against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian Tribal government, or unit of local government. (d) Limitation on Removal of Certain Alien Minors.--An alien who is 18 years of age or younger and meets the requirements under subparagraphs (A), (B), and (C) of subsection (b)(1) shall be provided a reasonable opportunity to meet the educational requirements under subparagraph (D) of such subsection. The Attorney General or the Secretary may not commence or continue with removal proceedings against such an alien. (e) Withdrawal of Application.--The Secretary shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application, and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 103. TERMS OF PERMANENT RESIDENT STATUS ON A CONDITIONAL BASIS. (a) Period of Status.--Permanent resident status on a conditional basis is-- (1) valid for a period of 10 years, unless such period is extended by the Secretary; and (2) subject to revocation under subsection (c). (b) Notice of Requirements.--At the time an alien obtains permanent resident status on a conditional basis, the Secretary shall provide notice to the alien regarding the provisions of this title and the requirements to have the conditional basis of such status removed. (c) Revocation of Status.--The Secretary may revoke the permanent resident status on a conditional basis of an alien only if the Secretary-- (1) determines that the alien ceases to meet the requirements under section 102(b)(1)(C); and (2) prior to the revocation, provides the alien-- (A) notice of the proposed revocation; and (B) the opportunity for a hearing to provide evidence that the alien meets such requirements or otherwise to contest the proposed revocation. (d) Return to Previous Immigration Status.--An alien whose permanent resident status on a conditional basis expires under subsection (a)(1) or is revoked under subsection (c), shall return to the immigration status that the alien had immediately before receiving permanent resident status on a conditional basis. SEC. 104. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS. (a) Eligibility for Removal of Conditional Basis.-- (1) In general.--Subject to paragraph (2), the Secretary shall remove the conditional basis of an alien's permanent resident status granted under this title and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) is described in section 102(b)(1)(C); (B) has not abandoned the alien's residence in the United States during the period in which the alien has permanent resident status on a conditional basis; and (C)(i) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor's degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (ii) has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge; or (iii) demonstrates earned income for periods totaling at least 3 years and at least 75 percent of the time that the alien has had a valid employment authorization, except that, in the case of an alien who was enrolled in an institution of higher education, an area career and technical education school to obtain a recognized postsecondary credential, or an education program described in section 102(b)(1)(D)(iii), the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment. (2) Hardship exception.--The Secretary shall remove the conditional basis of an alien's permanent resident status and grant the alien status as an alien lawfully admitted for permanent residence if the alien-- (A) satisfies the requirements under subparagraphs (A) and (B) of paragraph (1); (B) demonstrates compelling circumstances for the inability to satisfy the requirements under subparagraph (C) of such paragraph; and (C) demonstrates that-- (i) the alien has a disability; (ii) the alien is a full-time caregiver; or (iii) the removal of the alien from the United States would result in hardship to the alien or the alien's spouse, parent, or child who is a national of the United States or is lawfully admitted for permanent residence. (3) Citizenship requirement.-- (A) In general.--Except as provided in subparagraph (B), the conditional basis of an alien's permanent resident status granted under this title may not be removed unless the alien demonstrates that the alien satisfies the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)). (B) Exception.--Subparagraph (A) shall not apply to an alien who is unable to meet the requirements under such section 312(a) due to disability. (4) Application fee.--The Secretary may, subject to an exemption under section 303(c), require aliens applying for removal of the conditional basis of an alien's permanent resident status under this section to pay a reasonable fee that is commensurate with the cost of processing the application. (5) Background checks.--The Secretary may not remove the conditional basis of an alien's permanent resident status until the requirements of section 302 are satisfied. (b) Treatment for Purposes of Naturalization.-- (1) In general.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status on a conditional basis shall be considered to have been admitted to the United States, and be present in the United States, as an alien lawfully admitted for permanent residence. (2) Limitation on application for naturalization.--An alien may not apply for naturalization while the alien is in permanent resident status on a conditional basis. (c) Timing of Approval of Lawful Permanent Resident Status.-- (1) In general.--An alien granted permanent resident status on a conditional basis under this title may apply to have such conditional basis removed at any time after such alien has met the eligibility requirements set forth in subsection (a). (2) Approval with regard to initial applications.-- (A) In general.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent resident status without conditional basis, any alien who-- (i) demonstrates eligibility for lawful permanent residence status on a conditional basis under section 102(b); and (ii) subject to the exceptions described in subsections (a)(2) and (a)(3)(B) of this section, already has fulfilled the requirements of paragraphs (1) and (3) of subsection (a) of this section at the time such alien first submits an application for benefits under this title. (B) Background checks.--Subsection (a)(5) shall apply to an alien seeking lawful permanent resident status without conditional basis in an initial application in the same manner as it applies to an alien seeking removal of the conditional basis of an alien's permanent resident status. Section 102(b)(4) shall not be construed to require the Secretary to conduct more than one identical security or law enforcement background check on such an alien. (C) Application fees.--In the case of an alien seeking lawful permanent resident status without conditional basis in an initial application, the alien shall pay the fee required under subsection (a)(4), subject to the exemption allowed under section 303(c), but shall not be required to pay the application fee under section 102(b)(3). SEC. 105. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY FOR PURPOSES OF HIGHER EDUCATION BENEFITS. (a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed. (b) Effective Date.--The repeal under subsection (a) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546). TITLE II--AMERICAN PROMISE ACT OF 2021 SEC. 201. SHORT TITLE. This title may be cited as the ``American Promise Act of 2021''. SEC. 202. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF CERTAIN COUNTRIES DESIGNATED FOR TEMPORARY PROTECTED STATUS OR DEFERRED ENFORCED DEPARTURE. (a) In General.--Notwithstanding any other provision of law, the Secretary or the Attorney General shall adjust to the status of an alien lawfully admitted for permanent residence, an alien described in subsection (b) if the alien-- (1) applies for such adjustment, including submitting any required documents under section 307, not later than 3 years after the date of the enactment of this Act; (2) has been continuously physically present in the United States for a period of not less than 3 years; and (3) subject to subsection (c), is not inadmissible under paragraph (1), (2), (3), (6)(D), (6)(E), (6)(F), (6)(G), (8), or (10) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (b) Aliens Eligible for Adjustment of Status.--An alien shall be eligible for adjustment of status under this section if the alien is an individual-- (1) who-- (A) is a national of a foreign state (or part thereof) (or in the case of an alien having no nationality, is a person who last habitually resided in such state) with a designation under subsection (b) of section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a(b)) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of such section; and (B) has not engaged in conduct since such date that would render the alien ineligible for temporary protected status under section 244(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1245a(c)(2)); or (2) who was eligible for Deferred Enforced Departure as of January 20, 2021 and has not engaged in conduct since that date that would render the alien ineligible for Deferred Enforced Departure. (c) Waiver of Grounds of Inadmissibility.-- (1) In general.--Except as provided in paragraph (2), with respect to any benefit under this title, and in addition to any waivers that are otherwise available, the Secretary may waive the grounds of inadmissibility under paragraph (1), subparagraphs (A), (C), and (D) of paragraph (2), subparagraphs (D) through (G) of paragraph (6), or paragraph (10)(D) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) for humanitarian purposes, for family unity, or because the waiver is otherwise in the public interest. (2) Exception.--The Secretary may not waive a ground described in paragraph (1) if such inadmissibility is based on a conviction or convictions, and such conviction or convictions would otherwise render the alien ineligible under section 244(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B)). (d) Application.-- (1) Fee.--The Secretary shall, subject to an exemption under section 303(c), require an alien applying for adjustment of status under this section to pay a reasonable fee that is commensurate with the cost of processing the application, but does not exceed $1,140. (2) Background checks.--The Secretary may not grant an alien permanent resident status on a conditional basis under this section until the requirements of section 302 are satisfied. (3) Withdrawal of application.--The Secretary of Homeland Security shall, upon receipt of a request to withdraw an application for adjustment of status under this section, cease processing of the application and close the case. Withdrawal of the application under this subsection shall not prejudice any future application filed by the applicant for any immigration benefit under this title or under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). SEC. 203. CLARIFICATION. Section 244(f)(4) of the Immigration and Nationality Act (8 U.S.C. 1254a(f)(4)) is amended by inserting after ``considered'' the following: ``as having been inspected and admitted into the United States, and''. TITLE III--GENERAL PROVISIONS SEC. 301. DEFINITIONS. (a) In General.--In this Act: (1) In general.--Except as otherwise specifically provided, any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Appropriate united states district court.--The term ``appropriate United States district court'' means the United States District Court for the District of Columbia or the United States district court with jurisdiction over the alien's principal place of residence. (3) Area career and technical education school.--The term ``area career and technical education school'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (4) DACA.--The term ``DACA'' means deferred action granted to an alien pursuant to the Deferred Action for Childhood Arrivals policy announced by the Secretary of Homeland Security on June 15, 2012. (5) Disability.--The term ``disability'' has the meaning given such term in section 3(1) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(1)). (6) Federal poverty line.--The term ``Federal poverty line'' has the meaning given such term in section 213A(h) of the Immigration and Nationality Act (8 U.S.C. 1183a). (7) High school; secondary school.--The terms ``high school'' and ``secondary school'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (8) Immigration laws.--The term ``immigration laws'' has the meaning given such term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (9) Institution of higher education.--The term ``institution of higher education''-- (A) except as provided in subparagraph (B), has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and (B) does not include an institution of higher education outside of the United States. (10) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (11) Secretary.--Except as otherwise specifically provided, the term ``Secretary'' means the Secretary of Homeland Security. (12) Uniformed services.--The term ``Uniformed Services'' has the meaning given the term ``uniformed services'' in section 101(a) of title 10, United States Code. (b) Treatment of Expunged Convictions.--For purposes of adjustment of status under this Act, the terms ``convicted'' and ``conviction'', as used in this Act and in sections 212 and 244 of the Immigration and Nationality Act (8 U.S.C. 1182, 1254a), do not include a judgment that has been expunged or set aside, that resulted in a rehabilitative disposition, or the equivalent. SEC. 302. SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA; BACKGROUND CHECKS. (a) Submission of Biometric and Biographic Data.--The Secretary may not grant an alien adjustment of status under this Act, on either a conditional or permanent basis, unless the alien submits biometric and biographic data, in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for aliens who are unable to provide such biometric or biographic data because of a physical impairment. (b) Background Checks.--The Secretary shall use biometric, biographic, and other data that the Secretary determines appropriate to conduct security and law enforcement background checks and to determine whether there is any criminal, national security, or other factor that would render the alien ineligible for adjustment of status under this Act, on either a conditional or permanent basis. The status of an alien may not be adjusted, on either a conditional or permanent basis, unless security and law enforcement background checks are completed to the satisfaction of the Secretary. SEC. 303. LIMITATION ON REMOVAL; APPLICATION AND FEE EXEMPTION; AND OTHER CONDITIONS ON ELIGIBLE INDIVIDUALS. (a) Limitation on Removal.--An alien who appears to be prima facie eligible for relief under this Act shall be given a reasonable opportunity to apply for such relief and may not be removed until, subject to section 306(c)(2), a final decision establishing ineligibility for relief is rendered. (b) Application.--An alien present in the United States who has been ordered removed or has been permitted to depart voluntarily from the United States may, notwithstanding such order or permission to depart, apply for adjustment of status under this Act. Such alien shall not be required to file a separate motion to reopen, reconsider, or vacate the order of removal. If the Secretary approves the application, the Secretary shall cancel the order of removal. If the Secretary renders a final administrative decision to deny the application, the order of removal or permission to depart shall be effective and enforceable to the same extent as if the application had not been made, only after all available administrative and judicial remedies have been exhausted. (c) Fee Exemption.--An applicant may be exempted from paying an application fee required under this Act if the applicant-- (1) is 18 years of age or younger; (2) received total income, during the 12-month period immediately preceding the date on which the applicant files an application under this Act, that is less than 150 percent of the Federal poverty line; (3) is in foster care or otherwise lacks any parental or other familial support; or (4) cannot care for himself or herself because of a serious, chronic disability. (d) Advance Parole.--During the period beginning on the date on which an alien applies for adjustment of status under this Act and ending on the date on which the Secretary makes a final decision regarding such application, the alien shall be eligible to apply for advance parole. Section 101(g) of the Immigration and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an alien granted advance parole under this Act. (e) Employment.--An alien whose removal is stayed pursuant to this Act, who may not be placed in removal proceedings pursuant to this Act, or who has pending an application under this Act, shall, upon application to the Secretary, be granted an employment authorization document. SEC. 304. DETERMINATION OF CONTINUOUS PRESENCE AND RESIDENCE. (a) Effect of Notice to Appear.--Any period of continuous physical presence or continuous residence in the United States of an alien who applies for permanent resident status under this Act (whether on a conditional basis or without the conditional basis as provided in section 104(c)(2)) shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act (8 U.S.C. 1229(a)). (b) Treatment of Certain Breaks in Presence or Residence.-- (1) In general.--Except as provided in paragraphs (2) and (3), an alien shall be considered to have failed to maintain-- (A) continuous physical presence in the United States under this Act if the alien has departed from the United States for any period exceeding 90 days or for any periods, in the aggregate, exceeding 180 days; and (B) continuous residence in the United States under this Act if the alien has departed from the United States for any period exceeding 180 days, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that the alien did not in fact abandon residence in the United States during such period. (2) Extensions for extenuating circumstances.--The Secretary may extend the time periods described in paragraph (1) for an alien who demonstrates that the failure to timely return to the United States was due to extenuating circumstances beyond the alien's control, including-- (A) the serious illness of the alien; (B) death or serious illness of a parent, grandparent, sibling, or child of the alien; (C) processing delays associated with the application process for a visa or other travel document; or (D) restrictions on international travel due to the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to COVID-19. (3) Travel authorized by the secretary.--Any period of travel outside of the United States by an alien that was authorized by the Secretary may not be counted toward any period of departure from the United States under paragraph (1). (c) Waiver of Physical Presence.--With respect to aliens who were removed or departed the United States on or after January 20, 2017, and who were continuously physically present in the United States for at least 4 years prior to such removal or departure, the Secretary may, as a matter of discretion, waive the physical presence requirement under section 102(b)(1)(A) or section 202(a)(2) for humanitarian purposes, for family unity, or because a waiver is otherwise in the public interest. The Secretary, in consultation with the Secretary of State, shall establish a procedure for such aliens to apply for relief under section 102 or 202 from outside the United States if they would have been eligible for relief under such section, but for their removal or departure. SEC. 305. EXEMPTION FROM NUMERICAL LIMITATIONS. Nothing in this Act or in any other law may be construed to apply a numerical limitation on the number of aliens who may be granted permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)). SEC. 306. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall provide to aliens who have applied for adjustment of status under this Act a process by which an applicant may seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (b) Judicial Review.--Except as provided in subsection (c), and notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an appropriate United States district court. (c) Stay of Removal.-- (1) In general.--Except as provided in paragraph (2), an alien seeking administrative or judicial review under this Act may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under this Act. (2) Exception.--The Secretary may remove an alien described in paragraph (1) pending judicial review if such removal is based on criminal or national security grounds described in this Act. Such removal shall not affect the alien's right to judicial review under this Act. The Secretary shall promptly return a removed alien if a decision to deny an application for adjustment of status under this Act, or to revoke such status, is reversed. SEC. 307. DOCUMENTATION REQUIREMENTS. (a) Documents Establishing Identity.--An alien's application for permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) may include, as evidence of identity, the following: (1) A passport or national identity document from the alien's country of origin that includes the alien's name and the alien's photograph or fingerprint. (2) The alien's birth certificate and an identity card that includes the alien's name and photograph. (3) A school identification card that includes the alien's name and photograph, and school records showing the alien's name and that the alien is or was enrolled at the school. (4) A Uniformed Services identification card issued by the Department of Defense. (5) Any immigration or other document issued by the United States Government bearing the alien's name and photograph. (6) A State-issued identification card bearing the alien's name and photograph. (7) Any other evidence determined to be credible by the Secretary. (b) Documents Establishing Entry, Continuous Physical Presence, Lack of Abandonment of Residence.--To establish that an alien was 18 years of age or younger on the date on which the alien entered the United States, and has continuously resided in the United States since such entry, as required under section 102(b)(1)(B), that an alien has been continuously physically present in the United States, as required under section 102(b)(1)(A) or 202(a)(2), or that an alien has not abandoned residence in the United States, as required under section 104(a)(1)(B), the alien may submit the following forms of evidence: (1) Passport entries, including admission stamps on the alien's passport. (2) Any document from the Department of Justice or the Department of Homeland Security noting the alien's date of entry into the United States. (3) Records from any educational institution the alien has attended in the United States. (4) Employment records of the alien that include the employer's name and contact information, or other records demonstrating earned income. (5) Records of service from the Uniformed Services. (6) Official records from a religious entity confirming the alien's participation in a religious ceremony. (7) A birth certificate for a child who was born in the United States. (8) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (9) Automobile license receipts or registration. (10) Deeds, mortgages, or rental agreement contracts. (11) Rent receipts or utility bills bearing the alien's name or the name of an immediate family member of the alien, and the alien's address. (12) Tax receipts. (13) Insurance policies. (14) Remittance records, including copies of money order receipts sent in or out of the country. (15) Travel records. (16) Dated bank transactions. (17) Two or more sworn affidavits from individuals who are not related to the alien who have direct knowledge of the alien's continuous physical presence in the United States, that contain-- (A) the name, address, and telephone number of the affiant; and (B) the nature and duration of the relationship between the affiant and the alien. (18) Any other evidence determined to be credible by the Secretary. (c) Documents Establishing Admission to an Institution of Higher Education.--To establish that an alien has been admitted to an institution of higher education, the alien may submit to the Secretary a document from the institution of higher education certifying that the alien-- (1) has been admitted to the institution; or (2) is currently enrolled in the institution as a student. (d) Documents Establishing Receipt of a Degree From an Institution of Higher Education.--To establish that an alien has acquired a degree from an institution of higher education in the United States, the alien may submit to the Secretary a diploma or other document from the institution stating that the alien has received such a degree. (e) Documents Establishing Receipt of a High School Diploma, General Educational Development Credential, or a Recognized Equivalent.--To establish that in the United States an alien has earned a high school diploma or a commensurate alternative award from a public or private high school, has obtained the General Education Development credential, or otherwise has satisfied section 102(b)(1)(D)(iii), the alien may submit to the Secretary the following: (1) A high school diploma, certificate of completion, or other alternate award. (2) A high school equivalency diploma or certificate recognized under State law. (3) Evidence that the alien passed a State-authorized exam, including the General Education Development test, in the United States. (4) Evidence that the alien successfully completed an area career and technical education program, such as a certification, certificate, or similar alternate award. (5) Evidence that the alien obtained a recognized postsecondary credential. (6) Any other evidence determined to be credible by the Secretary. (f) Documents Establishing Enrollment in an Educational Program.-- To establish that an alien is enrolled in any school or education program described in section 102(b)(1)(D)(iv) or 104(a)(1)(C), the alien may submit school records from the United States school that the alien is currently attending that include-- (1) the name of the school; and (2) the alien's name, periods of attendance, and current grade or educational level. (g) Documents Establishing Exemption From Application Fees.--To establish that an alien is exempt from an application fee under this Act, the alien may submit to the Secretary the following relevant documents: (1) Documents to establish age.--To establish that an alien meets an age requirement, the alien may provide proof of identity, as described in subsection (a), that establishes that the alien is 18 years of age or younger. (2) Documents to establish income.--To establish the alien's income, the alien may provide-- (A) employment records or other records of earned income, including records that have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency; (B) bank records; or (C) at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work and income that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien. (3) Documents to establish foster care, lack of familial support, or serious, chronic disability.--To establish that the alien is in foster care, lacks parental or familial support, or has a serious, chronic disability, the alien may provide at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that contain-- (A) a statement that the alien is in foster care, otherwise lacks any parental or other familiar support, or has a serious, chronic disability, as appropriate; (B) the name, address, and telephone number of the affiant; and (C) the nature and duration of the relationship between the affiant and the alien. (h) Documents Establishing Qualification for Hardship Exemption.-- To establish that an alien satisfies one of the criteria for the hardship exemption set forth in section 104(a)(2)(C), the alien may submit to the Secretary at least two sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the circumstances that warrant the exemption, that contain-- (1) the name, address, and telephone number of the affiant; and (2) the nature and duration of the relationship between the affiant and the alien. (i) Documents Establishing Service in the Uniformed Services.--To establish that an alien has served in the Uniformed Services for at least 2 years and, if discharged, received an honorable discharge, the alien may submit to the Secretary-- (1) a Department of Defense form DD-214; (2) a National Guard Report of Separation and Record of Service form 22; (3) personnel records for such service from the appropriate Uniformed Service; or (4) health records from the appropriate Uniformed Service. (j) Documents Establishing Earned Income.-- (1) In general.--An alien may satisfy the earned income requirement under section 104(a)(1)(C)(iii) by submitting records that-- (A) establish compliance with such requirement; and (B) have been maintained by the Social Security Administration, the Internal Revenue Service, or any other Federal, State, or local government agency. (2) Other documents.--An alien who is unable to submit the records described in paragraph (1) may satisfy the earned income requirement by submitting at least two types of reliable documents that provide evidence of employment or other forms of earned income, including-- (A) bank records; (B) business records; (C) employer or contractor records; (D) records of a labor union, day labor center, or organization that assists workers in employment; (E) sworn affidavits from individuals who are not related to the alien and who have direct knowledge of the alien's work, that contain-- (i) the name, address, and telephone number of the affiant; and (ii) the nature and duration of the relationship between the affiant and the alien; (F) remittance records; or (G) any other evidence determined to be credible by the Secretary. (k) Authority to Prohibit Use of Certain Documents.--If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity or that permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. SEC. 308. RULE MAKING. (a) In General.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register interim final rules implementing this Act, which shall allow eligible individuals to immediately apply for relief under this Act. Notwithstanding section 553 of title 5, United States Code, the regulation shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. The Secretary shall finalize such rules not later than 180 days after the date of publication. (b) Paperwork Reduction Act.--The requirements under chapter 35 of title 44, United States Code, (commonly known as the ``Paperwork Reduction Act'') shall not apply to any action to implement this Act. SEC. 309. CONFIDENTIALITY OF INFORMATION. (a) In General.--The Secretary may not disclose or use information (including information provided during administrative or judicial review) provided in applications filed under this Act or in requests for DACA for the purpose of immigration enforcement. (b) Referrals Prohibited.--The Secretary, based solely on information provided in an application for adjustment of status under this Act (including information provided during administrative or judicial review) or an application for DACA, may not refer an applicant to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity. (c) Limited Exception.--Notwithstanding subsections (a) and (b), information provided in an application for adjustment of status under this Act may be shared with Federal security and law enforcement agencies-- (1) for assistance in the consideration of an application for adjustment of status under this Act; (2) to identify or prevent fraudulent claims; (3) for national security purposes; or (4) for the investigation or prosecution of any felony offense not related to immigration status. (d) Penalty.--Any person who knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000. SEC. 310. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS. (a) Establishment.--The Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations that will use the funding to assist eligible applicants under this Act by providing them with the services described in subsection (b). (b) Use of Funds.--Grant funds awarded under this section shall be used for the design and implementation of programs that provide-- (1) information to the public regarding the eligibility and benefits of permanent resident status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)), particularly to individuals potentially eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals submitting applications for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)), including-- (A) screening prospective applicants to assess their eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; and (C) providing any other assistance that the Secretary or grantee considers useful or necessary to apply for adjustment of status under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)); and (3) assistance, within the scope of authorized practice of immigration law, and instruction, to individuals-- (A) on the rights and responsibilities of United States citizenship; (B) in civics and English as a second language; (C) in preparation for the General Education Development test; and (D) in applying for adjustment of status and United States citizenship. (c) Authorization of Appropriations.-- (1) Amounts authorized.--There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2022 through 2032 to carry out this section. (2) Availability.--Any amounts appropriated pursuant to paragraph (1) shall remain available until expended. SEC. 311. PROVISIONS AFFECTING ELIGIBILITY FOR ADJUSTMENT OF STATUS. An alien's eligibility to be lawfully admitted for permanent residence under this Act (whether on a conditional basis, or without the conditional basis as provided in section 104(c)(2)) shall not preclude the alien from seeking any status under any other provision of law for which the alien may otherwise be eligible. SEC. 312. SUPPLEMENTARY SURCHARGE FOR APPOINTED COUNSEL. (a) In General.--Except as provided in section 302 and in cases where the applicant is exempt from paying a fee under section 303(c), in any case in which a fee is charged pursuant to this Act, an additional surcharge of $25 shall be imposed and collected for the purpose of providing appointed counsel to applicants seeking judicial review of the Secretary's decision to provisionally deny an application under this Act. (b) Immigration Counsel Account.--There is established in the general fund of the Treasury a separate account which shall be known as the ``Immigration Counsel Account''. Fees collected under subsection (a) shall be deposited into the Immigration Counsel Account and shall remain available until expended for purposes of providing appointed counsel as required under this Act. (c) Report.--At the end of each 2-year period, beginning with the establishment of this account, the Secretary of Homeland Security shall submit a report to the Congress concerning the status of the account, including any balances therein, and recommend any adjustment in the prescribed fee that may be required to ensure that the receipts collected from the fee charged for the succeeding two years equal, as closely as possible, the cost of providing appointed counsel as required under this Act. SEC. 313. ANNUAL REPORT ON PROVISIONAL DENIAL AUTHORITY. Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress a report detailing the number of applicants that receive-- (1) a provisional denial under this Act; (2) a final denial under this Act without seeking judicial review; (3) a final denial under this Act after seeking judicial review; and (4) an approval under this Act after seeking judicial review. Passed the House of Representatives March 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 700 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 303 East Mississippi Avenue in Elwood, Illinois, as the Lawrence M. 
Larry Walsh Sr. Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr700ih/html/BILLS-117hr700ih.htm	DOC 117th CONGRESS 1st Session H. R. 700 To designate the facility of the United States Postal Service located at 303 East Mississippi Avenue in Elwood, Illinois, as the ``Lawrence M. `Larry' Walsh Sr. Post Office''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Foster (for himself and Mr. Rush) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 303 East Mississippi Avenue in Elwood, Illinois, as the ``Lawrence M. `Larry' Walsh Sr. Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LAWRENCE M. ``LARRY'' WALSH SR. POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 303 East Mississippi Avenue in Elwood, Illinois, shall be known and designated as the ``Lawrence M. `Larry' Walsh Sr. Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Lawrence M. `Larry' Walsh Sr. Post Office''. all
H.R. 701 (Introduced in House) - Unfunded Mandates Accountability and Transparency Act	https://www.govinfo.gov/content/pkg/BILLS-117hr701ih/html/BILLS-117hr701ih.htm	DOC 117th CONGRESS 1st Session H. R. 701 To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Foxx (for herself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Oversight and Reform, and in addition to the Committees on Rules, the Budget, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Unfunded Mandates Reform Act of 1995 to provide for regulatory impact analyses for certain rules, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unfunded Mandates Accountability and Transparency Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The public has a right to know the benefits and costs of regulation. Effective regulatory programs provide important benefits to the public, including protecting the environment, worker safety, and human health. Regulations also impose significant costs on individuals, employers, and State, local, and Tribal governments, diverting resources from other important priorities. (2) Better regulatory analysis and review should improve the quality of agency decisions, increasing the benefits and reducing unwarranted costs of regulation. (3) Disclosure and scrutiny of key information underlying agency decisions should make the Federal Government more accountable to the public it serves. SEC. 3. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended-- (1) by striking ``tribal'' each place that term appears and inserting ``Tribal''; (2) in section 3 (2 U.S.C. 1502)-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``and''; and (C) by adding at the end the following: ``(3) the term `major rule' means a rule, as defined in section 551 of title 5, United States Code, that the Administrator of the Office of Information and Regulatory Affairs determines is likely to cause-- ``(A) an annual effect on the economy of $100,000,000 or more, adjusted once every 5 years to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor; ``(B) a major increase in costs or prices for consumers, individual industries, Federal, State, local, or Tribal government agencies, or geographic regions; or ``(C) significant adverse effects on competition, employment, investment, productivity, innovation, public health and safety, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.''; and (3) in section 202 (2 U.S.C. 1532)-- (A) by striking the section heading and inserting the following: ``SEC. 202. REGULATORY IMPACT ANALYSES FOR CERTAIN RULES.''; (B) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; (C) by striking subsection (a) and inserting the following: ``(a) Definition of Cost.--In this section, the term `cost' means the cost of compliance and any reasonably foreseeable indirect costs, including revenues lost, as a result of a major rule of an agency that is subject to this section. ``(b) Regulatory Impact Analyses.-- ``(1) Requirement.--Before promulgating any proposed or final major rule, the agency promulgating the major rule shall prepare and publish in the Federal Register an initial and final regulatory impact analysis with respect to the major rule. ``(2) Initial regulatory impact analysis.--An initial regulatory impact analysis required under paragraph (1) shall-- ``(A) accompany the notice of proposed rulemaking with respect to the major rule that is the subject of the analysis; and ``(B) be open to public comment. ``(3) Final regulatory impact analysis.--A final regulatory impact analysis required under paragraph (1) shall accompany the final major rule that is the subject of the analysis. ``(c) Content.--Each initial and final regulatory impact analysis prepared and published under subsection (b) shall include, with respect to the major rule that is the subject of the analysis-- ``(1)(A) an analysis of the anticipated benefits and costs of the major rule, which shall be quantified to the extent feasible; ``(B) an analysis of the benefits and costs of a reasonable number of regulatory alternatives within the range of the discretion of the agency under the statute authorizing the major rule, including alternatives that-- ``(i) require no action by the Federal Government; and ``(ii)(I) use incentives and market-based means to encourage the desired behavior; ``(II) provide information based upon which the public can make choices; or ``(III) employ other flexible regulatory options that permit the greatest flexibility in achieving the objectives of the statute authorizing the major rule; and ``(C) an explanation of how the major rule complies with the requirements of section 205; ``(2) an assessment of the extent to which-- ``(A) the costs to State, local, and Tribal governments may be paid with Federal financial assistance (or otherwise paid for by the Federal Government); and ``(B) Federal resources are available to carry out the major rule; ``(3) estimates of-- ``(A) any disproportionate budgetary effects of the major rule upon any particular-- ``(i) regions of the United States; ``(ii) State, local, or Tribal governments; ``(iii) types of communities, including urban or rural communities; or ``(iv) segments of the private sector; and ``(B) the effect of the major rule on job creation or job loss, which shall be quantified to the extent feasible; and ``(4)(A) a description of the extent of the prior consultation of the agency under section 204 with elected representatives of each affected State, local, or Tribal government; ``(B) a summary of the comments and concerns that were presented to the agency orally or in writing by State, local, or Tribal governments; and ``(C) a summary of the evaluation by the agency of the comments and concerns described in subparagraph (B).''; (D) in subsection (d), as so redesignated, by striking ``a statement under subsection (a) is required, the agency shall include in the promulgation a summary of the information contained in the statement'' and inserting ``an analysis under subsection (b) is required, the agency promulgating the major rule shall include in the promulgation a summary of the information contained in the analysis''; and (E) in subsection (e), as so redesignated, by striking ``any statement required under subsection (a) in conjunction with or as a part of any other statement or analysis, provided that the statement or analysis satisfies the provisions of subsection (a)'' and inserting ``any analysis required under subsection (b) in conjunction with, or as a part of, any other statement or analysis if the other statement or analysis satisfies the requirements of subsections (b) and (c)''. SEC. 4. ENHANCED STAKEHOLDER CONSULTATION. Section 204 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1534) is amended-- (1) in the section heading, by inserting ``and private sector'' before ``input''; (2) in subsection (a)-- (A) by inserting ``, and impacted parties within the private sector (including small businesses),'' after ``on their behalf)''; and (B) by striking ``Federal intergovernmental mandates'' and inserting ``Federal mandates''; and (3) by amending subsection (c) to read as follows: ``(c) Guidelines.--For appropriate implementation of subsections (a) and (b) consistent with applicable laws and regulations, the following guidelines shall be followed: ``(1) Consultations shall take place as early as possible, before issuance of a notice of proposed rulemaking, continue through the final rule stage, and be integrated explicitly into the rulemaking process. ``(2) Agencies shall consult with a wide variety of State, local, and Tribal officials and impacted parties within the private sector (including small businesses). Geographic, political, and other factors that may differentiate varying points of view should be considered. ``(3) Agencies should estimate benefits and costs to assist with these consultations. The scope of the consultation should reflect the cost and significance of the Federal mandate being considered. ``(4) Agencies shall, to the extent practicable-- ``(A) seek out the views of State, local, and Tribal governments, and impacted parties within the private sector (including small businesses), on costs, benefits, and risks; and ``(B) solicit ideas about alternative methods of compliance and potential flexibilities, and input on whether the Federal regulation will harmonize with and not duplicate similar laws in other levels of government. ``(5) Consultations shall address the cumulative impact of regulations on the affected entities. ``(6) Agencies may accept electronic submissions of comments by relevant parties but may not use those comments as the sole method of satisfying the guidelines in this subsection.''. SEC. 5. MAXIMIZE NET BENEFITS OR PROVIDE EXPLANATION. Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 et seq.) is amended by striking section 205 (2 U.S.C. 1535) and inserting the following: ``SEC. 205. MAXIMIZE NET BENEFITS. ``(a) Definition of Cost.--In this section, the term `cost' has the meaning given the term in section 202(a). ``(b) Requirement.--Before promulgating any proposed or final major rule for which a regulatory impact analysis is required under section 202, an agency shall from the alternatives identified and considered under section 202(c)(1)(B), select the alternative that maximizes net benefits, taking into consideration only the costs and benefits that arise within the scope of the statutory provision that authorizes the rulemaking. ``(c) Exceptions.--An agency may adopt an alternative other than as required under subsection (b) only if-- ``(1) the Administrator of the Office of Information and Regulatory Affairs approves the adoption by the agency of the alternative; and ``(2) the alternative is adopted to-- ``(A) account for costs or benefits that cannot be quantified, including costs or benefits related to constitutional or civil rights, provided that the agency identifies all such costs and benefits and explains why those costs and benefits justify the adoption of the alternative; or ``(B) achieve additional benefits or cost reductions, provided that the agency-- ``(i) identifies-- ``(I) all such additional benefits and the associated costs of those benefits; and ``(II) all such cost reductions and the associated benefits of those cost reductions; and ``(ii) explains why-- ``(I) the additional benefits justify the additional costs; or ``(II) the additional cost reductions justify any benefits foregone.''. SEC. 6. NEW AUTHORITIES AND RESPONSIBILITIES FOR OFFICE OF INFORMATION AND REGULATORY AFFAIRS. Section 208 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1538) is amended to read as follows: ``SEC. 208. OFFICE OF INFORMATION AND REGULATORY AFFAIRS RESPONSIBILITIES. ``(a) In General.--The Administrator of the Office of Information and Regulatory Affairs (in this section referred to as the `Administrator') shall provide meaningful guidance and oversight so that the major rules of an agency for which a regulatory impact analysis is required under section 202-- ``(1) are consistent with the principles and requirements of this title, as well as other applicable laws; and ``(2) and do not conflict with the policies or actions of another agency. ``(b) Notification.--If the Administrator determines that the major rules of an agency for which a regulatory impact analysis is required under section 202 do not comply with the principles and requirements of this title, are not consistent with other applicable laws, or conflict with the policies or actions of another agency, the Administrator shall-- ``(1) identify areas of noncompliance; ``(2) notify the agency; and ``(3) request that the agency comply before the agency finalizes the major rule concerned. ``(c) Annual Statements to Congress on Agency Compliance.--The Administrator shall submit to Congress, including the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives, an annual written report that, for the 1-year period preceding the report-- ``(1) details compliance by each agency with the requirements of this title that relate to major rules for which a regulatory impact analysis is required by section 202, including activities undertaken at the request of the Administrator to improve compliance; and ``(2) contains an appendix detailing compliance by each agency with section 204.''. SEC. 7. INITIATION OF RULEMAKING. The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended-- (1) by redesignating section 209 (2 U.S.C. 1531 note) as section 210; and (2) by inserting after section 208 (2 U.S.C. 1548) the following: ``SEC. 209. INITIATION OF RULEMAKING FOR MAJOR RULES. ``When an agency determines to initiate a rulemaking that may result in a major rule, the agency shall-- ``(1) establish an electronic docket for that rulemaking, which may have a physical counterpart; and ``(2) publish a notice of initiation of rulemaking in the Federal Register, which shall-- ``(A) briefly describe the subject and objectives of, and the problem to be solved by, the major rule; ``(B) refer to the legal authority under which the major rule would be proposed, including the specific statutory provision that authorizes the rulemaking; ``(C) invite interested persons to propose alternatives and other ideas regarding how best to accomplish the objectives of the agency in the most effective manner; ``(D) indicate how interested persons may submit written material for the docket; and ``(E) appear in the Federal Register not later than 90 days before the date on which the agency publishes a notice of proposed rulemaking for the major rule.''. SEC. 8. INCLUSION OF APPLICATION TO INDEPENDENT REGULATORY AGENCIES. (a) In General.--Section 421(1) of the Congressional Budget Act of 1974 (2 U.S.C. 658(1)) is amended by striking ``, but does not include independent regulatory agencies''. (b) Exemption for Monetary Policy.--The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.) is amended by inserting after section 5 the following: ``SEC. 6. EXEMPTION FOR MONETARY POLICY. ``Nothing in title II, III, or IV shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee.''. SEC. 9. JUDICIAL REVIEW. Title IV of the Unfunded Mandates Reform Act of 1995 is amended by striking section 401 (2 U.S.C. 1571) and inserting the following: ``SEC. 401. JUDICIAL REVIEW. ``(a) In General.--A person that is aggrieved by final agency action in adopting a major rule that is subject to section 202 is entitled to judicial review of whether the agency complied with section 202(b), 202(c)(1), or 205 with respect to the rule. ``(b) Scope of Review.--Chapter 7 of title 5, United States Code, shall govern the scope of judicial review under subsection (a). ``(c) Jurisdiction.--Each court that has jurisdiction to review a rule for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review a claim brought under subsection (a). ``(d) Relief Available.--In granting relief in an action under this section, a court shall order the agency that promulgated the major rule that is under review to take remedial action consistent with chapter 7 of title 5, United States Code.''. SEC. 10. APPLYING SUBSTANTIVE POINT OF ORDER TO PRIVATE SECTOR MANDATES. Section 425(a)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 658d(a)(2)) is amended-- (1) by striking ``Federal intergovernmental mandates'' and inserting ``Federal mandates''; and (2) by striking ``section 424(a)(1)'' and inserting ``subsection (a)(1) or (b)(1) of section 424''. SEC. 11. EFFECTIVE DATE. Sections 3, 4, 5, and 7 of this Act and the amendments made by those sections shall take effect on the date that is 120 days after the date of enactment of this Act. all
"H.R. 702 (Introduced in House)- To direct the Secretary of Labor to award grants to develop, 
administer, and evaluate early childhood education apprenticeships, and 
for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr702ih/html/BILLS-117hr702ih.htm	DOC 117th CONGRESS 1st Session H. R. 702 To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Guthrie (for himself and Ms. Wild) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to award grants to develop, administer, and evaluate early childhood education apprenticeships, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. GRANTS FOR EARLY CHILDHOOD EDUCATION APPRENTICESHIP PROGRAMS. (a) Establishment.--The Secretary, in consultation with the Secretary of Health and Human Services and the Secretary of Education, shall award grants to States to develop, administer, and evaluate apprenticeships. (b) Application.--A State seeking a grant under this Act shall submit an application to the Secretary for approval at such time, in such manner, and containing such information as the Secretary may require. (c) Uses of Funds.-- (1) Required uses.--A grant under subsection (a) shall be used for activities that develop, administer, and evaluate an apprenticeship, including-- (A) equipping apprentices with specialized knowledge, skills, and competencies required to work in early childhood education; (B) increasing the number of apprentices (including apprentices that are in areas that are underserved or rural) with a recognized postsecondary credential, a certificate of completion of an apprenticeship, or a degree from an institution of higher education; (C) promoting recruitment and retention of apprentices; (D) providing a pathway to career advancement for apprentices by assisting such apprentices in completing an apprenticeship and tracking the percent of such completions, including the apprentices who-- (i) attend an institution of higher education after completing an apprenticeship; and (ii) enter into employment that is unsubsidized after completing an apprenticeship; (E) supporting partnerships with institutions of higher education in the State, businesses, and other entities participating in an apprenticeship to provide for academic credit for instruction related to the apprenticeship and the application of such credit toward a degree at an institution of higher education; and (F) developing strategies to hire and retain qualified supervisors for apprentices that support such apprentices through-- (i) professional development; (ii) mentorship; (iii) evaluation; and (iv) training. (2) Permitted uses.--In addition to the requirements under paragraph (1), a grant under subsection (a) may be used to-- (A) coordinate with the State apprenticeship agency to determine and disseminate best practices, recommended curricula, or other resources on administering effective apprenticeships for businesses, institutions of higher education, or other entities participating in an apprenticeship; and (B) establish primary indicators of performance with respect to apprentices and individuals who have completed an apprenticeship to be shared on State and national workforce registries (commonly known as ``Registered Apprenticeship Partners Information Data Systems''), including-- (i) the percentage of individuals who have completed an apprenticeship and remain employed full-time in early childhood education-- (I) 6 months after completing such apprenticeship; and (II) 1 year after completing such apprenticeship; (ii) the median earnings of individuals who have completed an apprenticeship and are employed full-time in early childhood education within 6 months after completing such apprenticeship; (iii) the percentage of apprentices who obtain a recognized postsecondary credential, a secondary school diploma, or the recognized equivalent of such diploma while participating in an apprenticeship; and (iv) the percentage of individuals who have completed an apprenticeship and who begin or obtain a recognized postsecondary credential or degree, a secondary school diploma, or the recognized equivalent of such diploma within 1 year after completing an apprenticeship. (d) Priority.--The Secretary shall prioritize State applicants that-- (1) have developed partnerships with-- (A) Indian Tribes in such State; or (B) institutions of higher education that serve minority populations; (2) have a statewide credit articulation agreement in place that ensures credit transfer between participating institutions of higher education in the State and other relevant credential programs; or (3) assure that no less than 25 percent of the grant funds will be used to support apprenticeships in underserved or rural communities. (e) Grant Term and Limitation.-- (1) Term.--The term of a grant made under this Act shall be 3 years. (2) Limitation.--The Secretary shall award no greater than 20 grants each fiscal year. (f) Cost-Sharing.-- (1) In general.--The Federal share of the cost of any activity carried out using a grant made under this Act shall be not more than 75 percent. (2) In-kind contributions.--The non-Federal share of the total cost of any activity carried out using a grant made under this Act may be in the form of donations or in-kind contributions of goods or services fairly valued. (g) State Evaluation and Report to Secretary.-- (1) Evaluation and report.--Not later than 1 year after receiving a grant under this Act, and annually thereafter for the duration of the grant, a State shall submit to the Secretary a report containing an evaluation of the apprenticeships to determine which program strategies made progress toward-- (A) increasing the aggregate number of apprentices; and (B) increasing the retention rates of apprentices. (2) Rule for reporting data.--The disaggregation of data under this Act shall not be required when the number of apprentices in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an apprentice. (h) Report to Congress.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the effectiveness of each State that received a grant under this Act to develop, administer, and evaluate apprenticeships, including evaluating-- (1) an increase in the number of apprentices in early childhood education; (2) an increase in the retention rates of individuals who work in early childhood education after completing an apprenticeship; (3) the career path of apprentices and individuals who have completed an apprenticeship; and (4) an increase in the number of credentials and degrees obtained by apprentices. (i) Funding.--To carry out the grant program under this Act, the Secretary shall use amounts allocated under section 414(c) of the American Competitiveness and Workforce Improvement Act of 1998 (29 U.S.C. 3224a). (j) Definitions.--In this Act: (1) Apprentice.--The term ``apprentice'' means an individual participating in a registered apprenticeship program focused on early childhood education as that term is defined under section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). (2) Apprenticeship.--The term ``apprenticeship'' means a registered apprenticeship program that trains apprentices. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term under section 102(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)(1)). (4) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.). (5) Secretary.--The term ``Secretary'' means the Secretary of Labor. (6) State.--The term ``State'' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. all
H.R. 703 (Introduced in House) - Apprenticeship Futures for All Act	https://www.govinfo.gov/content/pkg/BILLS-117hr703ih/html/BILLS-117hr703ih.htm	DOC 117th CONGRESS 1st Session H. R. 703 To ensure access to apprenticeships for underrepresented groups, eliminate barriers and ensure completion of apprenticeships, and invest in successful apprenticeship intermediaries. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Jayapal (for herself, Mr. Levin of Michigan, Mrs. Hayes, and Ms. Norton) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To ensure access to apprenticeships for underrepresented groups, eliminate barriers and ensure completion of apprenticeships, and invest in successful apprenticeship intermediaries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship Futures for All Act''. SEC. 2. GRANTS, CONTRACTS, OR COOPERATIVE AGREEMENTS. (a) In General.--The Administrator of the Office of Apprenticeship of the Department of Labor shall award grants, contracts, or cooperative agreements to eligible entities on a competitive basis if the eligible entity is a qualified intermediary-- (1) to support national industry and equity intermediaries in establishing or expanding sector-based partnerships to support the delivery or expansion of programs under the national apprenticeship system to significant scale in the United States-- (A) in key sectors, including manufacturing, information technology, cyber security, health care, insurance and finance, energy, hospitality, retail, construction, and other sectors identified by the Administrator as targeted for expansion under the national apprenticeship system; or (B) for nontraditional apprenticeship populations, women, minorities, individuals with disabilities, and individuals impacted by the criminal or juvenile justice system; or (2) to serve programs under the national apprenticeship system in a local or regional setting. (b) Use of Funds.--An eligible entity applying for any grant activity under this Act-- (1) shall use at least 5 percent of the grant funds to provide direct financial assistance to apprentices, pre- apprentices, or youth apprentices through emergency grants to support their financial needs to enter, remain enrolled in, and complete such program, such as support for the related costs of supplies and equipment, courses, transportation, child care, and housing; and (2) may use funds for any of the following activities: (A) To establish or expand partnerships with organizations that provide program participants access to financial planning, mentoring, and supportive services that are necessary to enable an individual to participate in and complete a program under the national apprenticeship system. (B) To conduct outreach and recruitment activities, including assessments of potential participants for, and enrollment of participants in, a program under the national apprenticeship system. (C) To conduct outreach, engagement, recruitment, and coordination of activities with employers, industry associations, labor and labor-management organizations, qualified intermediaries, education and training providers, State or local workforce agencies, potential sponsors, community-based organizations, communities with high numbers or percentages of nontraditional apprenticeship populations, small- and medium-sized businesses, or rural communities to establish or expand industry or sector partnerships and opportunities under the national apprenticeship system. (D) To carry out grant requirements, including program evaluation and reporting requirements. (E) To conduct any activities as described in the application that would advance the purposes of the grant. (c) Definitions.--In this Act: (1) Eligible entity.-- (A) In general.--The term ``eligible entity'' means-- (i) a program sponsor; (ii) a State workforce development board or State workforce agency, or a local workforce development board or local workforce development agency; (iii) an education and training provider, or a consortium thereof; (iv) if the applicant is in a State with a State apprenticeship agency, such State apprenticeship agency; (v) an Indian Tribe or Tribal organization; (vi) an industry or sector partnership, a group of employers, a trade association, or a professional association that sponsors or participates in a program under the national apprenticeship system; (vii) a Governor; (viii) a labor organization or joint-labor management organization; or (ix) a qualified intermediary. (B) Sponsor requirement.--Not fewer than one entity under subparagraph (A) shall be the sponsor of a program under the national apprenticeship system. (2) Qualified intermediary.-- (A) In general.--The term ``qualified intermediary'' means an entity that demonstrates expertise in building, connecting, sustaining, and measuring the performance of partnerships described in subparagraph (B) and serves program participants and employers by-- (i) connecting employers to programs under the national apprenticeship system; (ii) assisting in the design and implementation of such programs, including curriculum development and delivery for related instruction; (iii) supporting entities, sponsors, or program administrators in meeting the registration and reporting requirements of this Act; (iv) providing professional development activities such as training to mentors; (v) connecting students or workers to programs under the national apprenticeship system; (vi) developing and providing personalized program participant supports, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; (vii) providing services, resources, and supports for development, delivery, expansion, or improvement of programs under the national apprenticeship system; or (viii) serving as a program sponsor. (B) Partnerships.--The partnerships described in subparagraph (A) means partnerships among entities involved in programs under the national apprenticeship system, including-- (i) industry or sector partnerships; (ii) partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, industry associations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, one-stop operators, or one-stop partners, in the State workforce development system; or (iii) partnerships among one or more of the entities described in clauses (i) and (ii). all
H.R. 704 (Engrossed in House) - Artistic Recognition for Talented Students Act	https://www.govinfo.gov/content/pkg/BILLS-117hr704eh/html/BILLS-117hr704eh.htm	DOC 117th CONGRESS 1st Session H. R. 704 _______________________________________________________________________ AN ACT To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Artistic Recognition for Talented Students Act'' or the ``ARTS Act''. SEC. 2. WAIVER OF FEES FOR WINNERS OF CERTAIN COMPETITIONS. Section 708 of title 17, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In this subsection, the term `covered competition' means-- ``(A) an art competition sponsored by the Congressional Institute that is open only to high school students; and ``(B) the competition described in section 3 of H. Res. 77, as adopted by the 113th Congress. ``(2) With respect to a work that wins a covered competition, the Register of Copyrights-- ``(A) shall waive the requirement under subsection (a)(1) with respect to an application for registration of a copyright claim for that work if that application is filed not later than the last day of the calendar year following the year in which the work claimed by the application wins the covered competition (referred to in this paragraph as the `covered year'); and ``(B) may waive the fee described in subparagraph (A) for an application filed after the end of the covered year if the fee would have been waived under that subparagraph had the application been submitted before the last day of the covered year.''. Passed the House of Representatives June 23, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 704 _______________________________________________________________________ AN ACT To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes.
H.R. 704 (Introduced in House) - Artistic Recognition for Talented Students Act	https://www.govinfo.gov/content/pkg/BILLS-117hr704ih/html/BILLS-117hr704ih.htm	DOC 117th CONGRESS 1st Session H. R. 704 To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Jeffries (for himself and Ms. Mace) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Artistic Recognition for Talented Students Act'' or the ``ARTS Act''. SEC. 2. WAIVER OF FEES FOR WINNERS OF CERTAIN COMPETITIONS. Section 708 of title 17, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In this subsection, the term `covered competition' means-- ``(A) an art competition sponsored by the Congressional Institute that is open only to high school students; and ``(B) the competition described in section 3 of H. Res. 77, as adopted by the 113th Congress. ``(2) With respect to a work that wins a covered competition, the Register of Copyrights-- ``(A) shall waive the requirement under subsection (a)(1) with respect to an application for registration of a copyright claim for that work if that application is filed not later than the last day of the calendar year following the year in which the work claimed by the application wins the covered competition (referred to in this paragraph as the `covered year'); and ``(B) may waive the fee described in subparagraph (A) for an application filed after the end of the covered year if the fee would have been waived under that subparagraph had the application been submitted before the last day of the covered year.''. all
H.R. 704 (Placed on Calendar Senate) - Artistic Recognition for Talented Students Act	https://www.govinfo.gov/content/pkg/BILLS-117hr704pcs/html/BILLS-117hr704pcs.htm	DOC Calendar No. 82 117th CONGRESS 1st Session H. R. 704 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 24, 2021 Received; read twice and placed on the calendar _______________________________________________________________________ AN ACT To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Artistic Recognition for Talented Students Act'' or the ``ARTS Act''. SEC. 2. WAIVER OF FEES FOR WINNERS OF CERTAIN COMPETITIONS. Section 708 of title 17, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) In this subsection, the term `covered competition' means-- ``(A) an art competition sponsored by the Congressional Institute that is open only to high school students; and ``(B) the competition described in section 3 of H. Res. 77, as adopted by the 113th Congress. ``(2) With respect to a work that wins a covered competition, the Register of Copyrights-- ``(A) shall waive the requirement under subsection (a)(1) with respect to an application for registration of a copyright claim for that work if that application is filed not later than the last day of the calendar year following the year in which the work claimed by the application wins the covered competition (referred to in this paragraph as the `covered year'); and ``(B) may waive the fee described in subparagraph (A) for an application filed after the end of the covered year if the fee would have been waived under that subparagraph had the application been submitted before the last day of the covered year.''. Passed the House of Representatives June 23, 2021. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 82 117th CONGRESS 1st Session H. R. 704 _______________________________________________________________________ AN ACT To amend section 708 of title 17, United States Code, to permit the Register of Copyrights to waive fees for filing an application for registration of a copyright claim in certain circumstances, and for other purposes. _______________________________________________________________________ June 24, 2021 Received; read twice and placed on the calendar
H.R. 705 (Introduced in House) - Heartbeat Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr705ih/html/BILLS-117hr705ih.htm	DOC 117th CONGRESS 1st Session H. R. 705 To amend title 18, United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Kelly of Pennsylvania (for himself, Mr. Gohmert, Mr. Joyce of Pennsylvania, Mr. Perry, Mr. Keller, Mr. Mooney, Mr. Budd, Mr. Gaetz, Mr. Simpson, Mr. Aderholt, Mr. Fleischmann, Mr. Long, Mr. Duncan, Mr. Norman, Mr. Biggs, Mr. Reschenthaler, Mr. Gibbs, Mr. Kelly of Mississippi, Mr. Weber of Texas, Mr. LaHood, Mr. Grothman, Mr. Chabot, Mr. Palmer, Mr. Gallagher, Mr. LaMalfa, Mr. Dunn, Mr. Smith of Nebraska, Mr. Guthrie, Mr. Babin, Mr. Walberg, Mr. Cole, Mr. Baird, Mr. Latta, Mr. Banks, Mr. Wenstrup, Mr. Kustoff, Mr. Jordan, Mr. Huizenga, Mrs. Lesko, Mr. Bacon, Mr. Hudson, and Mr. Mast) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit abortion in cases where a fetal heartbeat is detectable. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Heartbeat Protection Act of 2021''. SEC. 2. ABORTIONS PROHIBITED WITHOUT A CHECK FOR FETAL HEARTBEAT, OR IF A FETAL HEARTBEAT IS DETECTABLE. (a) Abortions Prohibited Without a Check for Fetal Heartbeat, or if a Fetal Heartbeat Is Detectable.--Chapter 74 of title 18, United States Code, is amended-- (1) in the chapter heading, by striking ``PARTIAL-BIRTH''; (2) by inserting after section 1531 the following: ``Sec. 1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable ``(a) Offense.--Any physician who knowingly performs an abortion and thereby kills a human fetus-- ``(1) without determining, according to standard medical practice, whether the fetus has a detectable heartbeat; ``(2) without informing the mother of the results of that determination; or ``(3) after determining, according to standard medical practice, that the fetus has a detectable heartbeat, shall be fined under this title or imprisoned not more than 5 years, or both. This subsection does not apply to an abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life- endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. ``(b) Defendant May Seek Hearing.--A defendant indicted for an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions. The findings on that issue are admissible on that issue at the trial of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place. ``(c) No Liability for the Mother on Whom Abortion Is Performed.--A mother upon whom an abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section. ``(d) Requirement for Data Retention.--The physician shall include in the medical file of the mother documentation of the determination, according to standard medical practice, of whether the fetus has a detectable heartbeat, the results of that determination, notification of the mother of those results, and any information entered into evidence in any proceedings under subsection (b). Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to such documentation. ``(e) Severability.--If any provision of this section or the application of such provision to any person or circumstance is held to be invalid, the remainder of this section and the application of the provisions of the remainder to any person or circumstance shall not be affected thereby.''; and (3) in the table of sections, by inserting after the item pertaining to section 1841 the following: ``1532. Abortions prohibited without a check for fetal heartbeat, or if a fetal heartbeat is detectable.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended, in the item relating to chapter 74, to read as follows: ``74. Abortions............................................. 1531''. all
H.R. 706 (Introduced in House) - Emergency Support for Substance Use Disorders Act	https://www.govinfo.gov/content/pkg/BILLS-117hr706ih/html/BILLS-117hr706ih.htm	DOC 117th CONGRESS 1st Session H. R. 706 To authorize grants to address substance use during COVID-19. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Kuster (for herself and Mr. Katko) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To authorize grants to address substance use during COVID-19. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Support for Substance Use Disorders Act''. SEC. 2. FINDINGS. Congress finds the following: (1) In 2018, an estimated 164,800,000 people aged 12 or older in the United States, or 60.2 percent of such population, were substance users (including, tobacco, alcohol, or illicit drugs) in the last month. (2) In 2018, nearly 1 in 5 people aged 12 or older in the United States, or 19.4 percent of such population, used an illicit drug in the past year, which is a higher percentage than in 2015 and 2016. (3) In 2018, an estimated 10,300,000 people aged 12 or older in the United States misused opioids in the past year, including 9,900,000 prescription pain reliever misusers and 808,000 heroin users. (4) In 2017, overdose deaths involving opioids in the United States, including fentanyl, was 6 times higher than in 1999. (5) The age-adjusted rate of drug overdose deaths involving synthetic opioids in the United States other than methadone increased by 10 percent from 2017 to 2018. (6) In 2018, approximately 20,300,000 people aged 12 or older in the United States had a substance use disorder related to their use of alcohol or illicit drugs in the past year. (7) In 2018, an estimated 21,200,000 people aged 12 or older in the United States needed substance use treatment. (8) According to the Substance Abuse and Mental Health Services Administration, COVID-19 will certainly contribute to growth in the numbers referred to in the preceding paragraphs. Individuals across the United States will struggle with increases in depression, anxiety, trauma, and grief. There is also anticipated increase in substance misuse in the United States as lives are impacted for individuals and families. SEC. 3. GRANT PROGRAM ON HARMS OF DRUG MISUSE. (a) In General.--The Assistant Secretary for Mental Health and Substance Use (referred to in this section as the ``Assistant Secretary''), in consultation with the Director of the Centers for Disease Control and Prevention, shall award grants to States, political subdivisions of States, Tribes, Tribal organizations, and community- based entities to support the delivery of overdose prevention, syringe services programs, and other harm reduction services that address the harms of drug misuse during the COVID-19 pandemic, including by-- (1) preventing and controlling the spread of infectious diseases, such as HIV/AIDS and viral hepatitis, and the consequences of such diseases for individuals with substance use disorder; (2) distributing opioid antagonists, such as naloxone, to individuals at risk of overdose; (3) connecting individuals at risk for, or with, a substance use disorder to overdose education, counseling, and health education; and (4) encouraging such individuals to take steps to reduce the negative personal and public health impacts of substance use or misuse during the emergency period. (b) Considerations.--In awarding grants under this section, the Assistant Secretary shall prioritize grants to applicants that are-- (1) culturally specific organizations, Tribal behavioral health and substance use disorder providers, or organizations that are intentional about serving populations where COVID-19 has had the most impact; or (2) proposing to serve areas with-- (A) a higher proportion of the population who meet criteria for dependence on, or abuse of, illicit drugs; (B) a higher drug overdose death rate; (C) a greater telemedicine infrastructure need; and (D) a greater behavioral health and substance use disorder workforce need. (c) Use of Grant Awards.--A recipient of a grant under this section may use such grant funds for the following purposes: (1) Adapt, maintain, and expand essential services provided by harm reduction service organizations to address the risks of COVID-19, drug overdose, and contraction of infectious disease. (2) Maintain or hire staff. (3) Support program operational costs, including staff, rent, and vehicle purchase or maintenance. (4) Program supplies. (5) Hygiene and personal protective equipment for both staff and program participants. (6) Support and case management services. (d) Definition.--In this section, the term ``emergency period'' has the meaning given to such term in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $50,000,000 for fiscal year 2021, to remain available until expended. all
H.R. 707 (Engrossed in House) - Ghost Army Congressional Gold Medal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr707eh/html/BILLS-117hr707eh.htm	DOC 117th CONGRESS 1st Session H. R. 707 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to the 23d Headquarters, Special Troops and the 3133d Signal Service Company, in recognition of their unique and highly distinguished service as a ``Ghost Army'' that conducted deception operations in Europe during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ghost Army Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 23d Headquarters, Special Troops, comprised of the 23d Headquarters and Headquarters Company, Special Troops, the 603d Engineer Camouflage Battalion, the 406th Combat Engineer Company, the 3132d Signal Service Company and the Signal Company, Special, 23d Headquarters, Special Troops and the 3133d Signal Service Company were top-secret units of the United States Army that served in Europe during World War II. (2) The 23d Headquarters, Special Troops, was actively engaged in battlefield operations from June of 1944 through March of 1945. The 3133d Signal Service Company was engaged in operations in Italy in 1945. (3) The deceptive activities of these units were integral to several Allied victories across Europe and reduced American casualties. (4) In evaluating the performance of these units after the War, a U.S. Army analysis found that ``Rarely, if ever, has there been a group of such a few men which had so great an influence on the outcome of a major military campaign.''. (5) Many Ghost Army soldiers were citizen-soldiers recruited from art schools, advertising agencies, communications companies, and other creative and technical professions. (6) The first four members of the 23d Headquarters, Special Troops, landed on D-Day and two became casualties while creating false beach landing sites. (7) The 23d Headquarters, Special Troops, secret deception operations commenced in France on June 14, 1944, when Task Force Mason, a 17-man detachment of the 23d led by First Lieutenant Bernard Mason, landed at Omaha Beach. Task Force Mason conducted Operation ELEPHANT between 1 and 4 July, 1944, to draw enemy fire and protect the 980th Field Artillery Battalion (VIII Corps) as part of the Normandy Campaign. (8) Operation ELEPHANT was a prelude to 21 full-scale tactical deceptions completed by the 23d Headquarters, Special Troops. (9) Often operating on or near the front lines, the 23d Headquarters, Special Troops, used inflatable tanks, artillery, airplanes and other vehicles, advanced engineered soundtracks, and skillfully crafted radio trickery to create the illusion of sizable American forces where there were none and to draw the enemy away from Allied troops. (10) The 3132d and the 3133d Signal Service Companies, activated in Pine Camp (now Fort Drum), New York, at the Army Experimental Station in March 1944, were the only two active duty ``sonic deception'' ground combat units in World War II. (11) Soldiers of the 23d Headquarters, Special Troops, impersonated other, larger Army units by sewing counterfeit patches onto their uniforms, painting false markings on their vehicles, and creating phony headquarters staffed by fake generals, all in an effort to feed false information to Axis spies. (12) During the Battle of the Bulge, the 23d Headquarters, Special Troops, created counterfeit radio traffic to mask the efforts of General George Patton's Third Army as it mobilized to break through to the 101st Airborne and elements of 10th Armored Division in the besieged Belgian town of Bastogne. (13) In its final mission, Operation VIERSEN, in March 1945, the 23d Headquarters, Special Troops, conducted a tactical deception that drew German units down the Rhine River and away from the Ninth Army, allowing the Ninth Army to cross the Rhine into Germany. On this mission, the 1,100 men of the Ghost Army, with the assistance of other units, impersonated forty thousand men, or two complete divisions of American forces, by using fabricated radio networks, soundtracks of construction work and artillery fire, and more than 600 inflatable vehicles. According to a military intelligence officer of the 79th Infantry, ``There is no doubt that Operation VIERSEN materially assisted in deceiving the enemy with regard to the real dispositions and intentions of this Army.''. (14) Three soldiers of the 23d Headquarters, Special Troops, gave their lives and dozens were injured in carrying out their mission. (15) In April 1945, the 3133d Signal Service Company conducted Operation CRAFTSMAN in support of Operation SECOND WIND, the successful allied effort to break through the German defensive position to the north of Florence, Italy, known as the Gothic Line. Along with an attached platoon of British engineers, who were inflatable decoy specialists, the 3133d Signal Service Company used sonic deception to misrepresent troop locations along this defensive line. (16) The activities of the 23d Headquarters, Special Troops and the 3133d Signal Service Company remained highly classified for more than forty years after the war and were never formally recognized. The extraordinary accomplishments of this unit are deserving of belated official recognition. (17) The United States is eternally grateful to the soldiers of the 23d Headquarters, Special Troops and the 3133d Signal Service Company for their proficient use of innovative tactics throughout World War II, which saved lives and made significant contributions to the defeat of the Axis powers. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a gold medal of appropriate design to the 23d Headquarters, Special Troops, and the 3133d Signal Service Company, known as the ``Ghost Army'', collectively, in recognition of its unique and incredible service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Ghost Army, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. NATIONAL MEDAL. The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 707 _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to the 23d Headquarters, Special Troops and the 3133d Signal Service Company, in recognition of their unique and highly distinguished service as a ``Ghost Army'' that conducted deception operations in Europe during World War II.
H.R. 707 (Introduced in House) - Ghost Army Congressional Gold Medal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr707ih/html/BILLS-117hr707ih.htm	DOC 117th CONGRESS 1st Session H. R. 707 To award a Congressional Gold Medal to the 23d Headquarters, Special Troops and the 3133d Signal Service Company, in recognition of their unique and highly distinguished service as a ``Ghost Army'' that conducted deception operations in Europe during World War II. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Kuster (for herself, Mr. Stewart, Mr. Aderholt, Mr. Amodei, Mrs. Axne, Mrs. Beatty, Mr. Beyer, Ms. Blunt Rochester, Ms. Bonamici, Mr. Bost, Ms. Brownley, Mr. Burchett, Mr. Butterfield, Mr. Carter of Georgia, Ms. Castor of Florida, Mr. Chabot, Ms. Chu, Mr. Cicilline, Ms. Clarke of New York, Mr. Cole, Mr. Comer, Mr. Costa, Mr. Courtney, Ms. Craig, Mr. Curtis, Mr. Rodney Davis of Illinois, Ms. Dean, Ms. DelBene, Mrs. Demings, Mr. DesJarlais, Mr. Deutch, Mr. Diaz-Balart, Mrs. Dingell, Mr. Dunn, Ms. Escobar, Mr. Evans, Mr. Fitzpatrick, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gaetz, Mr. Gallagher, Mr. Gallego, Mr. Garamendi, Mr. Garcia of Illinois, Mr. Vicente Gonzalez of Texas, Mr. Gonzalez of Ohio, Mr. Green of Texas, Mr. Guest, Mrs. Hartzler, Mr. Hastings, Mrs. Hayes, Mr. Hice of Georgia, Mrs. Hinson, Ms. Houlahan, Mr. Huffman, Mr. Johnson of Ohio, Mr. Johnson of Georgia, Mr. Joyce of Ohio, Ms. Kaptur, Mr. Katko, Mr. Keating, Mr. Keller, Mr. Kelly of Mississippi, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kim of New Jersey, Mr. Krishnamoorthi, Mr. Lamb, Mr. Latta, Mrs. Lawrence, Mr. Lieu, Mr. Long, Mr. Loudermilk, Mr. Luetkemeyer, Mrs. Luria, Mr. Sean Patrick Maloney of New York, Mrs. Carolyn B. Maloney of New York, Ms. McCollum, Mr. McKinley, Mrs. Rodgers of Washington, Ms. Meng, Mr. Meuser, Mrs. Miller of West Virginia, Ms. Moore of Wisconsin, Mr. Nadler, Mr. Norman, Ms. Norton, Mr. O'Halleran, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Perlmutter, Mr. Perry, Mr. Peters, Mr. Phillips, Mr. Pocan, Mr. Quigley, Mrs. Radewagen, Mr. Raskin, Ms. Roybal-Allard, Mr. Ruppersberger, Mr. Rush, Ms. Schakowsky, Mr. Schneider, Ms. Schrier, Ms. Sewell, Ms. Spanberger, Mr. Stauber, Ms. Stefanik, Mr. Steube, Ms. Stevens, Mr. Stivers, Mr. Suozzi, Mr. Thompson of Pennsylvania, Mr. Tiffany, Ms. Titus, Mr. Tonko, Mrs. Torres of California, Mrs. Trahan, Mr. Trone, Mr. Turner, Mr. Vargas, Ms. Velazquez, Mr. Welch, Mr. Wenstrup, Ms. Wild, Mr. Williams of Texas, Mr. Wright, Mr. Bacon, Mr. Baird, Mr. Bilirakis, Mr. Bishop of North Carolina, Mr. Brendan F. Boyle of Pennsylvania, Mrs. Bustos, Mr. Carson, Mr. Cartwright, Mr. Case, Mr. Cleaver, Mr. Cline, Mr. Cohen, Mr. Correa, Mr. Lynch, Mr. Fleischmann, Ms. Garcia of Texas, Mr. Gibbs, Miss Gonzalez-Colon, Mr. Gooden of Texas, Mr. Graves of Louisiana, Mr. Grijalva, Mr. Grothman, Mr. Higgins of New York, Ms. Jackson Lee, Mrs. Kirkpatrick, Mr. LaMalfa, Mr. Langevin, Mr. Larson of Connecticut, Mrs. Lee of Nevada, Ms. Lee of California, Mrs. Lesko, Mr. Levin of California, Mr. Levin of Michigan, Ms. Lofgren, Mr. Lowenthal, Mr. Mast, Mr. McEachin, Mr. McNerney, Mr. Meeks, Mr. Mullin, Mr. Neal, Mr. Neguse, Mr. Norcross, Mr. Owens, Mr. Payne, Ms. Pingree, Mr. Posey, Ms. Pressley, Miss Rice of New York, Mr. Ryan, Ms. Sanchez, Ms. Scanlon, Mr. Schweikert, Mr. Austin Scott of Georgia, Ms. Sherrill, Mr. Sires, Mr. Soto, Mr. Swalwell, Mr. Thompson of Mississippi, Mr. Upton, Mr. Van Drew, Mr. Veasey, Mrs. Wagner, Ms. Wasserman Schultz, Mrs. Watson Coleman, Mr. Webster of Florida, Mr. Zeldin, Mr. Rice of South Carolina, Mr. Rutherford, Mr. Espaillat, Mr. Graves of Missouri, and Mr. Lawson of Florida) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To award a Congressional Gold Medal to the 23d Headquarters, Special Troops and the 3133d Signal Service Company, in recognition of their unique and highly distinguished service as a ``Ghost Army'' that conducted deception operations in Europe during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ghost Army Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 23d Headquarters, Special Troops, comprised of the 23d Headquarters and Headquarters Company, Special Troops, the 603d Engineer Camouflage Battalion, the 406th Combat Engineer Company, the 3132d Signal Service Company and the Signal Company, Special, 23d Headquarters, Special Troops and the 3133d Signal Service Company were top-secret units of the United States Army that served in Europe during World War II. (2) The 23d Headquarters, Special Troops, was actively engaged in battlefield operations from June of 1944 through March of 1945. The 3133d Signal Service Company was engaged in operations in Italy in 1945. (3) The deceptive activities of these units were integral to several Allied victories across Europe and reduced American casualties. (4) In evaluating the performance of these units after the War, a U.S. Army analysis found that ``Rarely, if ever, has there been a group of such a few men which had so great an influence on the outcome of a major military campaign.''. (5) Many Ghost Army soldiers were citizen-soldiers recruited from art schools, advertising agencies, communications companies, and other creative and technical professions. (6) The first four members of the 23d Headquarters, Special Troops, landed on D-Day and two became casualties while creating false beach landing sites. (7) The 23d Headquarters, Special Troops, secret deception operations commenced in France on June 14, 1944, when Task Force Mason, a 17-man detachment of the 23d led by First Lieutenant Bernard Mason, landed at Omaha Beach. Task Force Mason conducted Operation ELEPHANT between 1 and 4 July, 1944, to draw enemy fire and protect the 980th Field Artillery Battalion (VIII Corps) as part of the Normandy Campaign. (8) Operation ELEPHANT was a prelude to 21 full-scale tactical deceptions completed by the 23d Headquarters, Special Troops. (9) Often operating on or near the front lines, the 23d Headquarters, Special Troops, used inflatable tanks, artillery, airplanes and other vehicles, advanced engineered soundtracks, and skillfully crafted radio trickery to create the illusion of sizable American forces where there were none and to draw the enemy away from Allied troops. (10) The 3132d and the 3133d Signal Service Companies, activated in Pine Camp (now Fort Drum), New York, at the Army Experimental Station in March 1944, were the only two active duty ``sonic deception'' ground combat units in World War II. (11) Soldiers of the 23d Headquarters, Special Troops, impersonated other, larger Army units by sewing counterfeit patches onto their uniforms, painting false markings on their vehicles, and creating phony headquarters staffed by fake generals, all in an effort to feed false information to Axis spies. (12) During the Battle of the Bulge, the 23d Headquarters, Special Troops, created counterfeit radio traffic to mask the efforts of General George Patton's Third Army as it mobilized to break through to the 101st Airborne and elements of 10th Armored Division in the besieged Belgian town of Bastogne. (13) In its final mission, Operation VIERSEN, in March 1945, the 23d Headquarters, Special Troops, conducted a tactical deception that drew German units down the Rhine River and away from the Ninth Army, allowing the Ninth Army to cross the Rhine into Germany. On this mission, the 1,100 men of the Ghost Army, with the assistance of other units, impersonated forty thousand men, or two complete divisions of American forces, by using fabricated radio networks, soundtracks of construction work and artillery fire, and more than 600 inflatable vehicles. According to a military intelligence officer of the 79th Infantry, ``There is no doubt that Operation VIERSEN materially assisted in deceiving the enemy with regard to the real dispositions and intentions of this Army.''. (14) Three soldiers of the 23d Headquarters, Special Troops, gave their lives and dozens were injured in carrying out their mission. (15) In April 1945, the 3133d Signal Service Company conducted Operation CRAFTSMAN in support of Operation SECOND WIND, the successful allied effort to break through the German defensive position to the north of Florence, Italy, known as the Gothic Line. Along with an attached platoon of British engineers, who were inflatable decoy specialists, the 3133d Signal Service Company used sonic deception to misrepresent troop locations along this defensive line. (16) The activities of the 23d Headquarters, Special Troops and the 3133d Signal Service Company remained highly classified for more than forty years after the war and were never formally recognized. The extraordinary accomplishments of this unit are deserving of belated official recognition. (17) The United States is eternally grateful to the soldiers of the 23d Headquarters, Special Troops and the 3133d Signal Service Company for their proficient use of innovative tactics throughout World War II, which saved lives and made significant contributions to the defeat of the Axis powers. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a gold medal of appropriate design to the 23d Headquarters, Special Troops, and the 3133d Signal Service Company, known as the ``Ghost Army'', collectively, in recognition of its unique and incredible service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Ghost Army, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. NATIONAL MEDAL. The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. all
H.R. 707 (Referred in Senate) - Ghost Army Congressional Gold Medal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr707rfs/html/BILLS-117hr707rfs.htm	DOC 117th CONGRESS 1st Session H. R. 707 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 19, 2021 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ AN ACT To award a Congressional Gold Medal to the 23d Headquarters, Special Troops and the 3133d Signal Service Company, in recognition of their unique and highly distinguished service as a ``Ghost Army'' that conducted deception operations in Europe during World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ghost Army Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 23d Headquarters, Special Troops, comprised of the 23d Headquarters and Headquarters Company, Special Troops, the 603d Engineer Camouflage Battalion, the 406th Combat Engineer Company, the 3132d Signal Service Company and the Signal Company, Special, 23d Headquarters, Special Troops and the 3133d Signal Service Company were top-secret units of the United States Army that served in Europe during World War II. (2) The 23d Headquarters, Special Troops, was actively engaged in battlefield operations from June of 1944 through March of 1945. The 3133d Signal Service Company was engaged in operations in Italy in 1945. (3) The deceptive activities of these units were integral to several Allied victories across Europe and reduced American casualties. (4) In evaluating the performance of these units after the War, a U.S. Army analysis found that ``Rarely, if ever, has there been a group of such a few men which had so great an influence on the outcome of a major military campaign.''. (5) Many Ghost Army soldiers were citizen-soldiers recruited from art schools, advertising agencies, communications companies, and other creative and technical professions. (6) The first four members of the 23d Headquarters, Special Troops, landed on D-Day and two became casualties while creating false beach landing sites. (7) The 23d Headquarters, Special Troops, secret deception operations commenced in France on June 14, 1944, when Task Force Mason, a 17-man detachment of the 23d led by First Lieutenant Bernard Mason, landed at Omaha Beach. Task Force Mason conducted Operation ELEPHANT between 1 and 4 July, 1944, to draw enemy fire and protect the 980th Field Artillery Battalion (VIII Corps) as part of the Normandy Campaign. (8) Operation ELEPHANT was a prelude to 21 full-scale tactical deceptions completed by the 23d Headquarters, Special Troops. (9) Often operating on or near the front lines, the 23d Headquarters, Special Troops, used inflatable tanks, artillery, airplanes and other vehicles, advanced engineered soundtracks, and skillfully crafted radio trickery to create the illusion of sizable American forces where there were none and to draw the enemy away from Allied troops. (10) The 3132d and the 3133d Signal Service Companies, activated in Pine Camp (now Fort Drum), New York, at the Army Experimental Station in March 1944, were the only two active duty ``sonic deception'' ground combat units in World War II. (11) Soldiers of the 23d Headquarters, Special Troops, impersonated other, larger Army units by sewing counterfeit patches onto their uniforms, painting false markings on their vehicles, and creating phony headquarters staffed by fake generals, all in an effort to feed false information to Axis spies. (12) During the Battle of the Bulge, the 23d Headquarters, Special Troops, created counterfeit radio traffic to mask the efforts of General George Patton's Third Army as it mobilized to break through to the 101st Airborne and elements of 10th Armored Division in the besieged Belgian town of Bastogne. (13) In its final mission, Operation VIERSEN, in March 1945, the 23d Headquarters, Special Troops, conducted a tactical deception that drew German units down the Rhine River and away from the Ninth Army, allowing the Ninth Army to cross the Rhine into Germany. On this mission, the 1,100 men of the Ghost Army, with the assistance of other units, impersonated forty thousand men, or two complete divisions of American forces, by using fabricated radio networks, soundtracks of construction work and artillery fire, and more than 600 inflatable vehicles. According to a military intelligence officer of the 79th Infantry, ``There is no doubt that Operation VIERSEN materially assisted in deceiving the enemy with regard to the real dispositions and intentions of this Army.''. (14) Three soldiers of the 23d Headquarters, Special Troops, gave their lives and dozens were injured in carrying out their mission. (15) In April 1945, the 3133d Signal Service Company conducted Operation CRAFTSMAN in support of Operation SECOND WIND, the successful allied effort to break through the German defensive position to the north of Florence, Italy, known as the Gothic Line. Along with an attached platoon of British engineers, who were inflatable decoy specialists, the 3133d Signal Service Company used sonic deception to misrepresent troop locations along this defensive line. (16) The activities of the 23d Headquarters, Special Troops and the 3133d Signal Service Company remained highly classified for more than forty years after the war and were never formally recognized. The extraordinary accomplishments of this unit are deserving of belated official recognition. (17) The United States is eternally grateful to the soldiers of the 23d Headquarters, Special Troops and the 3133d Signal Service Company for their proficient use of innovative tactics throughout World War II, which saved lives and made significant contributions to the defeat of the Axis powers. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a gold medal of appropriate design to the 23d Headquarters, Special Troops, and the 3133d Signal Service Company, known as the ``Ghost Army'', collectively, in recognition of its unique and incredible service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Ghost Army, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. NATIONAL MEDAL. The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. SEC. 6. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 708 (Introduced in House) - Temporary Reciprocity to Ensure Access to Treatment Act	https://www.govinfo.gov/content/pkg/BILLS-117hr708ih/html/BILLS-117hr708ih.htm	DOC 117th CONGRESS 1st Session H. R. 708 To provide temporary licensing reciprocity for telehealth and interstate health care treatment. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Latta (for himself and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To provide temporary licensing reciprocity for telehealth and interstate health care treatment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Reciprocity to Ensure Access to Treatment Act'' or the ``TREAT Act''. SEC. 2. FINDINGS. Congress finds the following: (1) It is necessary to regulate, on a temporary and emergency basis, the provision of interstate commerce as it pertains to treatment by medical professionals licensed in one State to patients in other States. (2) COVID-19, the disease caused by SARS-CoV-2, has created a national public health emergency, as declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, and by the President under the National Emergencies Act on March 13, 2020. (3) The COVID-19 pandemic has resulted in closing many businesses and nonprofit organizations, including colleges and universities, and large areas of the country remain under full or partial stay-at-home orders, precluding the ability to seek routine or elective medical treatment and consultation. The closing of campus-based in-person learning at institutions of higher education has also meant that up to 1,000,000 students have returned to live with their families across State lines from where they may have been receiving medical care in the university setting. Furthermore, in many rural areas, in-person medical treatment is inaccessible. Even in urban areas, the pandemic has severely disrupted access to medical care, requiring medical professionals licensed in one State to provide treatment to patients residing nearby but across a State line and unable to visit the medical professional's office in the State of licensure. (4) It is vital that hospitals, temporary surge or field facilities, skilled nursing facilities, and nursing homes in areas with high caseloads of COVID-19 patients be able to have access to qualified medical professionals, including such professionals licensed in other States, without the delays that would be required for individualized licensing during a time when State agencies' capacity to review and process licensing requests are limited by the pandemic. (5) The provision of services by medical professionals, including services provided at no cost and services provided to patients in a State other than the State or States in which the medical professional maintains an office for professional services, affects interstate commerce. When used to provide services to patients located in a State other than the State in which the medical professional is located, telehealth services, as defined in section 3, utilize facilities of interstate commerce. (6) The inability of patients to visit in-State health care providers during the current crisis substantially affects interstate commerce. Economic activity has been limited by public health authorities and other government officials to ``flatten the curve'' of infections and hospitalizations and thereby prevent the health care system from becoming overwhelmed. Maximizing the efficient and effective use of health care resources is therefore vital to reopening the economy. (7) Barriers to the efficient delivery of health care services will lead to a shortage of those services that substantially affect health care availability across State lines. Shortages in health care services in one State prompt interstate travel to obtain health care in other States, even though discouraging such travel, particularly among the sick, is vital to containing the contagion and reopening the national economy. SEC. 3. DEFINITIONS. In this Act: (1) the term ``health care professional'' means an individual who-- (A) has a valid and unrestricted license or certification from, or is otherwise authorized by, a State, the District of Columbia, or a territory or possession of the United States, for any health profession, including mental health; and (B) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction; (2) the term ``Secretary'' means the Secretary of Health and Human Services; and (3) the term ``telehealth services'' means use of telecommunications and information technology (including synchronous or asynchronous audio-visual, audio-only, or store and forward technology) to provide access to physical and mental health assessment, diagnosis, treatment, intervention, consultation, supervision, and information across distance. SEC. 4. TEMPORARY AUTHORIZATION OF TELEHEALTH AND INTERSTATE TREATMENT. (a) In General.--Notwithstanding any other provision of Federal or State law or regulation regarding the licensure or certification of health care providers or the provision of telehealth services, a health care professional may practice within the scope of the individual's license, certification, or authorization described in section 3(1)(A), either in-person or through telehealth, in any State, the District of Columbia, or any territory or possession of the United States, or any other location designated by the Secretary, based on the licensure, certification, or authorization such individual in any one State, the District of Columbia, or territory or possession of the United States. (b) Scope of Telehealth Services.--Telehealth services authorized by this section include services provided to any patient regardless of whether the health care professional has a prior treatment relationship with the patient, provided that, if the health care professional does not have a prior treatment relationship with the patient, a new relationship may be established only via a written acknowledgment or synchronous technology. (c) Initiation of Telehealth Services.--Before providing telehealth services authorized by this section, the health care professional shall-- (1) verify the identification of the patient receiving health services; (2) obtain oral or written acknowledgment from the patient (or legal representative of the patient) to perform telehealth services, and if such acknowledgment is oral, make a record of such acknowledgment; and (3) obtain or confirm an alternative method of contacting the patient in case of a technological failure. (d) Written Notice of Provision of Services.--As soon as practicable, but not later than 30 days after first providing services pursuant to this section in a jurisdiction other than the jurisdiction in which a health care professional is licensed, certified, or otherwise authorized, such health care professional shall provide written notice to the applicable licensing, certifying, or authorizing authority in the jurisdiction in which the health care professional provided such services. Such notice shall include the health care professional's-- (1) name; (2) email address; (3) phone number; (4) State of primary license, certification, or authorization; and (5) license, certification, or authorization type, and applicable number or identifying information with respect to such license, certification, or authorization. (e) Clarification.--Nothing in this section authorizes a health care professional to-- (1) practice beyond the scope of practice authorized by-- (A) any State, District of Columbia, territorial, or local authority in the jurisdiction in which the health care professional holds a license, certification, or authorization described in section 3(1)(A); or (B) any State, District of Columbia, territorial, or local authority in the jurisdiction in which the patient receiving services is located; (2) provide any service or subset of services prohibited by any such authority in the jurisdiction in which the patient receiving services is located; (3) provide any service or subset of services in a manner prohibited by any such authority the jurisdiction in which the patient receiving services is located; or (4) provide any service or subset of services in a manner other than the manner prescribed by any such authority in the jurisdiction in which the patient receiving services is located. (f) Investigative and Disciplinary Authority.--A health care professional providing services pursuant to the authority under this section shall be subject to investigation and disciplinary action by the licensing, certifying, or authorizing authorities in the jurisdiction in which the patient receiving services is located. The jurisdiction in which the patient receiving services is located shall have the authority to preclude the health care provider from practicing further in its jurisdiction, whether such practice is authorized by the laws of such jurisdiction or the authority granted under this section, and shall report any such preclusion to the licensing authority in the jurisdiction in which the health care provider is licensed, certified, or authorized. (g) Multiple Jurisdiction Licensure.--Notwithstanding any other provision of this section, a health care professional shall be subject to the requirements of the jurisdiction of licensure if the professional is licensed in the State, the District of Columbia, or territory or possession where the patient is located. (h) Interstate Licensure Compacts.--If a health care professional is licensed in multiple jurisdictions through an interstate licensure compact, with respect to services provided to a patient located in a jurisdiction covered by such compact, the health care professional shall be subject to the requirements of the compact and not this section. SEC. 5. APPLICATION. This Act shall apply during the period beginning on the date of enactment of this Act and ending on the date that is at least 180 days (as determined by the Secretary) after the end of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19. all
H.R. 709 (Introduced in House) - Border Crisis Prevention Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr709ih/html/BILLS-117hr709ih.htm	DOC 117th CONGRESS 1st Session H. R. 709 To amend the Immigration and Nationality Act to reform certain asylum procedures, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mrs. Lesko introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to reform certain asylum procedures, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Crisis Prevention Act of 2021''. SEC. 2. CREDIBLE FEAR INTERVIEWS. (a) Determination of Probability of Claim Truth.--Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that follows, and inserting ``claim, as determined pursuant to section 208(b)(1)(B)(iii), and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien's claim are true.''. (b) Jurisdiction of Asylum Applications.--Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by striking subparagraph (C). (c) Recording Expedited Removal and Credible Fear Interviews.-- (1) In general.--The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the extent possible, and that both these questions and the answers provided in response to them are recorded in a uniform fashion. (2) Factors relating to sworn statements.--Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement. (3) Interpreters.--The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien. (4) Recordings in immigration proceedings.--There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien. (5) No private right of action.--Nothing in this subsection shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this subsection create any right of review in any administrative, judicial, or other proceeding. SEC. 3. SAFE THIRD COUNTRY. Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and (2) by striking ``removed, pursuant to a bilateral or multilateral agreement, to'' and inserting ``removed to''. SEC. 4. DETENTION SPACES. There is authorized to be appropriated such sums as may be necessary to provide for sufficient detention spaces as the Secretary of Homeland Security determines necessary to enforce the immigration laws. SEC. 5. IMMIGRATION JUDGES. (a) In General.--The Attorney General may appoint 100 additional immigration judges in addition to immigration judges currently serving as of the date of enactment of this Act. (b) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. ASYLUM PROCEDURES RELATED TO FILING FRIVOLOUS APPLICATIONS. (a) Notice Concerning Frivolous Asylum Applications.-- (1) In general.--Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended-- (A) in the matter preceding subparagraph (A), by inserting ``the Secretary of Homeland Security or'' before ``the Attorney General''; (B) in subparagraph (A), by striking ``and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum; and'' and inserting a semicolon; (C) in subparagraph (B), by striking the period and inserting ``; and''; and (D) by adding at the end the following: ``(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application and serving as notice to the alien of the consequence of filing a frivolous application.''. (2) Conforming amendment.--Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended by striking ``If the'' and all that follows and inserting: ``(A) If the Secretary of Homeland Security or the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(C), the alien shall be permanently ineligible for any benefits under this chapter, effective as the date of the final determination of such an application. ``(B) An application is frivolous if the Secretary of Homeland Security or the Attorney General determines, consistent with subparagraph (C), that-- ``(i) it is so insufficient in substance that it is clear that the applicant knowingly filed the application solely or in part to delay removal from the United States, to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2), or to seek issuance of a Notice to Appear in order to pursue Cancellation of Removal under section 240A(b); or ``(ii) any of the material elements are knowingly fabricated. ``(C) In determining that an application is frivolous, the Secretary or the Attorney General must be satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to clarify any discrepancies or implausible aspects of the claim. ``(D) For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3) or protection pursuant to the Convention Against Torture.''. (b) Anti-Fraud Investigative Work Product.-- (1) Asylum credibility determinations.--Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after ``all relevant factors'' the following: ``, including statements made to, and investigative reports prepared by, immigration authorities and other government officials''. (2) Relief for removal credibility determinations.--Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' the following: ``, including statements made to, and investigative reports prepared by, immigration authorities and other government officials''. SEC. 7. DETENTION OF DANGEROUS ALIENS. Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended-- (1) by striking ``Attorney General'' each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting ``Secretary of Homeland Security''; (2) in paragraph (1), by amending subparagraph (B) to read as follows: ``(B) Beginning of period.--The removal period begins on the latest of the following: ``(i) The date the order of removal becomes administratively final. ``(ii) If the alien is not in the custody of the Secretary on the date the order of removal becomes administratively final, the date the alien is taken into such custody. ``(iii) If the alien is detained or confined (except under an immigration process) on the date the order of removal becomes administratively final, the date the alien is taken into the custody of the Secretary, after the alien is released from such detention or confinement.''; (3) in paragraph (1), by amending subparagraph (C) to read as follows: ``(C) Suspension of period.-- ``(i) Extension.--The removal period shall be extended beyond a period of 90 days and the Secretary may, in the Secretary's sole discretion, keep the alien in detention during such extended period if-- ``(I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; ``(II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; ``(III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or ``(IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). ``(ii) Renewal.--If the removal period has been extended under subparagraph (C)(i), a new removal period shall be deemed to have begun on the date-- ``(I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order; ``(II) the stay of removal is no longer in effect; or ``(III) the alien is returned to the custody of the Secretary. ``(iii) Mandatory detention for certain aliens.--In the case of an alien described in subparagraphs (A) through (D) of section 236(c)(1), the Secretary shall keep that alien in detention during the extended period described in clause (i). ``(iv) Sole form of relief.--An alien may seek relief from detention under this subparagraph only by filing an application for a writ of habeas corpus in accordance with chapter 153 of title 28, United States Code. No alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond.''; (4) in paragraph (3)-- (A) by adding after ``If the alien does not leave or is not removed within the removal period'' the following: ``or is not detained pursuant to paragraph (6) of this subsection''; and (B) by striking subparagraph (D) and inserting the following: ``(D) to obey reasonable restrictions on the alien's conduct or activities that the Secretary prescribes for the alien, in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws.''; (5) in paragraph (4)(A), by striking ``paragraph (2)'' and inserting ``subparagraph (B)''; and (6) by striking paragraph (6) and inserting the following: ``(6) Additional rules for detention or release of certain aliens.-- ``(A) Detention review process for cooperative aliens established.--For an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and who has not conspired or acted to prevent removal, the Secretary shall establish an administrative review process to determine whether the alien should be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Secretary of State or other Federal official and any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. ``(B) Authority to detain beyond removal period.-- ``(i) In general.--The Secretary of Homeland Security, in the exercise of the Secretary's sole discretion, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall have no right to seek release on bond. ``(ii) Specific circumstances.--The Secretary of Homeland Security, in the exercise of the Secretary's sole discretion, may continue to detain an alien beyond the 90 days authorized in clause (i)-- ``(I) until the alien is removed, if the Secretary, in the Secretary's sole discretion, determines that there is a significant likelihood that the alien-- ``(aa) will be removed in the reasonably foreseeable future; or ``(bb) would be removed in the reasonably foreseeable future, or would have been removed, but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order, or to cooperate fully with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, or conspires or acts to prevent removal; ``(II) until the alien is removed, if the Secretary of Homeland Security certifies in writing-- ``(aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; ``(bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; ``(cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; or ``(dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and either (AA) the alien has been convicted of one or more aggravated felonies (as defined in section 101(a)(43)(A)) or of one or more crimes identified by the Secretary of Homeland Security by regulation, or of one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or (BB) the alien has committed one or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or ``(III) pending a certification under subclause (II), so long as the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period, as provided in paragraph (1)(C)). ``(iii) No right to bond hearing.--An alien whose detention is extended under this subparagraph shall have no right to seek release on bond, including by reason of a certification under clause (ii)(II). ``(C) Renewal and delegation of certification.-- ``(i) Renewal.--The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). ``(ii) Delegation.--Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Director of Immigration and Customs Enforcement. ``(iii) Hearing.--The Secretary of Homeland Security may request that the Attorney General or the Attorney General's designee provide for a hearing to make the determination described in item (dd)(BB) of subparagraph (B)(ii)(II). ``(D) Release on conditions.--If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security, in the exercise of the Secretary's discretion, may impose conditions on release as provided in paragraph (3). ``(E) Redetention.--The Secretary of Homeland Security, in the exercise of the Secretary's discretion, without any limitations other than those specified in this section, may again detain any alien subject to a final removal order who is released from custody, if removal becomes likely in the reasonably foreseeable future, the alien fails to comply with the conditions of release, or to continue to satisfy the conditions described in subparagraph (A), or if, upon reconsideration, the Secretary, in the Secretary's sole discretion, determines that the alien can be detained under subparagraph (B). This section shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day of the redetention. ``(F) Review of determinations by secretary.--A determination by the Secretary under this paragraph shall not be subject to review by any other agency.''. all
H.R. 70 (Introduced in House) - Securing America’s Medicine Cabinet Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr70ih/html/BILLS-117hr70ih.htm	DOC 117th CONGRESS 1st Session H. R. 70 To support the advanced manufacturing technologies program of the Food and Drug Administration, to establish National Centers of Excellence in Advanced Pharmaceutical Manufacturing, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To support the advanced manufacturing technologies program of the Food and Drug Administration, to establish National Centers of Excellence in Advanced Pharmaceutical Manufacturing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing America's Medicine Cabinet Act of 2021''. SEC. 2. ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of the Securing America's Medicine Cabinet Act of 2021, the Secretary shall continue in effect the program to evaluate and approve new drug manufacturing technologies that are included in an application, or supplement to an application, for a drug under subsection (b) or (j) of section 505 of this Act or for a biological product submitted under subsection (a) or (k) of section 351 of the Public Health Service Act. ``(b) Designation.--The Secretary shall designate a method of manufacturing a drug as an advanced manufacturing technology under this section if the drug manufacturer demonstrates that such technology is likely to-- ``(1) prevent or resolve a drug shortage; ``(2) maintain an adequate supply of critical medications for national emergencies; or ``(3) promote the adoption of innovative approaches to drug product design and manufacturing. ``(c) Consultation.--If the Secretary designates a method of manufacturing as an advanced manufacturing technology under this section, the Secretary shall take actions to expedite the development and implementation of such method of manufacture for purposes of approval of the application under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act, which may include, as appropriate-- ``(1) holding meetings between the sponsor of the application and appropriate Food and Drug Administration staff throughout the development of the technology; ``(2) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(3) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(d) Evaluation of an Advanced Manufacturing Technology.-- ``(1) Package.--A sponsor who receives designation of an advanced manufacturing technology under this section shall provide the Secretary with a package of scientific evidence supporting the implementation of the advanced manufacturing technology in a particular context-of-use. ``(2) Evaluation.--Within 90 days of receiving the package, the Secretary shall determine whether a designated advanced manufacturing technology is validated for the proposed context of use based on the scientific merit the supporting evidence provided by the sponsor. ``(3) Effect of approval.--Upon approval, the same sponsor may rely upon the advanced manufacturing technology for use across multiple manufacturing product lines within the same context-of-use without having to re-submit data to the Secretary validating the underlying technology. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting to be held no later than 1 year after the date of enactment of the Securing America's Medicine Cabinet Act of 2021 to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. ``(2) Program guidance.--The Secretary shall-- ``(A) not later than 1 year after the date of enactment of the Securing America's Medicine Cabinet Act of 2021, issue draft guidance regarding the goals and implementation of the program under this section; and ``(B) not later than 2 years after the date of enactment of the Securing America's Medicine Cabinet Act of 2021, issue final guidance with respect to the implementation of such program. ``(3) Report.--The Secretary shall make available on the internet website of the Food and Drug Administration an annual report on the progress of the program under this section.''. SEC. 3. NATIONAL CENTER OF EXCELLENCE IN ADVANCED PHARMACEUTICAL MANUFACTURING. Chapter X of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 391 et seq.) is amended by adding at the end the following: ``SEC. 1015. NATIONAL CENTER OF EXCELLENCE IN ADVANCED PHARMACEUTICAL MANUFACTURING. ``(a) In General.--The Secretary shall designate institutions of higher education as National Centers of Excellence in Advanced Pharmaceutical Manufacturing, including continuous pharmaceutical manufacturing. ``(b) Eligibility.--To be eligible for designation under subsection (a) an entity shall-- ``(1) be an institution of higher education; ``(2) demonstrate-- ``(A) the physical and technical capacity for research and development of advanced pharmaceutical manufacturing; ``(B) a record of transferring scientific knowledge to the marketplace; ``(C) scalable manufacturing knowledge, which may be through collaborations of other institutions of higher education, biopharmaceutical manufacturers, or other entities; ``(D) the ability to train a future workforce for research on and implementation of advanced pharmaceutical manufacturing; and ``(E) the ability to support Federal agencies with technical assistance for advanced pharmaceutical technologies, with an emphasis on creating a secure national pharmaceutical stockpile and the ability to rapidly address drug shortages; and ``(3) submit an application to the Secretary at such time, in such form, and in such manner as the Secretary may require. ``(c) Termination.--The Secretary may terminate the designation of an entity designated under subsection (a) upon a determination that the entity no longer meets the requirements of subsection (b). ``(d) Annual Report.--Not later than 1 year after the date on which the first designation is made under subsection (a), and annually thereafter, the Secretary shall submit a report to Congress on the activities of the entities designated under such subsection. ``(e) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $100,000,000 for the period of fiscal years 2022 through 2025.''. all
H.R. 710 (Introduced in House) - Coronavirus Containment Corps Act	https://www.govinfo.gov/content/pkg/BILLS-117hr710ih/html/BILLS-117hr710ih.htm	DOC 117th CONGRESS 1st Session H. R. 710 To create a Coronavirus Containment Corps, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Levin of Michigan (for himself, Ms. Adams, Mr. Auchincloss, Ms. Barragan, Ms. Bass, Mrs. Beatty, Ms. Bonamici, Mr. Bowman, Mr. Carson, Ms. Dean, Ms. DeGette, Mr. DeSaulnier, Mrs. Dingell, Mr. Evans, Mr. Gallego, Mr. Garcia of Illinois, Mr. Green of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Khanna, Mr. Lawson of Florida, Ms. Lee of California, Mr. Lieu, Ms. Norton, Mr. Payne, Mr. Pocan, Ms. Porter, Mr. Raskin, Ms. Ross, Ms. Roybal-Allard, Mr. Sablan, Ms. Scanlon, Mr. Takano, Ms. Tlaib, Mr. Trone, and Mr. Vargas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To create a Coronavirus Containment Corps, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Coronavirus Containment Corps Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; definitions. Sec. 2. Nationwide contact tracing strategy. Sec. 3. Grants to public health departments. Sec. 4. Awards to Tribes and Tribal organizations. Sec. 5. Reporting by the Centers for Disease Control and Prevention. Sec. 6. Grants to State and Tribal workforce agencies. Sec. 7. GAO study. Sec. 8. Application of the Service Contract Act to contracts and grants. Sec. 9. Rule of construction. (c) Definitions.--In this Act: (1) The term ``appropriate congressional committees'' means-- (A) the Committee on Education and Labor of the House of Representatives; (B) the Committee on Energy and Commerce of the House of Representatives; and (C) the Committee on Health, Education, Labor, and Pensions of the Senate. (2) The term ``COVID-19 public health emergency'' means-- (A) the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, as a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV) and any successor to such declaration; or (B) the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, as a result of the COVID-19 outbreak. (3) The term ``State'' includes any of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (4) The terms ``Indian Tribe'' and ``Tribal organization'' have the meanings given to the terms ``Indian Tribe'' and ``Tribal organization'', respectively, in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). SEC. 2. NATIONWIDE CONTACT TRACING STRATEGY. (a) In General.--Not later than 21 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall-- (1) provide to the appropriate congressional committees a strategy to expand COVID-19 contact tracing; and (2) include in such strategy recommendations to augment the capacity of State, Tribal, and local public health departments to train and place individuals (to be referred to collectively as the ``Coronavirus Containment Corps'') to-- (A) investigate cases of COVID-19; (B) identify the contacts of individuals confirmed or presumed to have been infected by SARS-CoV-2; (C) trace such contacts; and (D) provide supports to ensure that such contacts can take the precautions necessary to safely quarantine to stop the spread of COVID-19. (b) Consultation.--In developing the strategy under subsection (a), the Secretary shall consult with-- (1) State public health officials; (2) Tribal public health officials, Tribal nations, and Tribal organizations; (3) local public health officials; (4) the Director of the Indian Health Service; and (5) experts with knowledge of, or field experience concerning, racial and ethnic disparities in public health and historically marginalized communities. (c) Requirements.--The strategy under subsection (a) shall identify-- (1) the minimum number of persons needed to investigate cases of COVID-19 and identify the contacts of individuals confirmed or presumed to have been infected by SARS-CoV-2 for each State and Indian Tribe; (2) the minimum number of contact tracers needed for each State and Indian Tribe; (3) the minimum number of specialists needed to connect contacts described in paragraph (1) to social supports to ensure those contacts can take the precautions necessary to safely quarantine to stop the spread of COVID-19 for each State and Indian Tribe; (4) the recommended qualifications necessary for case investigators, contact tracers, and social support specialists to perform such duties successfully; (5) strategies to enable State, Tribal, and local public health departments to hire, train, and deploy case investigators, contact tracers, and social support specialists; (6) strategies to rapidly develop guidance and training materials necessary to support public health departments in preparing individuals to serve as case investigators, contact tracers, and social support specialists; (7) plans to use mobile or app-based contact tracing technology, including-- (A) plans to prevent the misuse of data and to ensure the automatic deletion of data after the conclusion of the COVID-19 public health emergency; and (B) plans to prohibit data sharing with and within the Federal Government, with the exceptions of the Centers for Disease Control and Prevention and the Indian Health Service; (8) strategies to record and publicly report de-identified data, while protecting-- (A) the privacy of individuals and information regarding their personal health; and (B) Tribal data sovereignty; (9) protocols to limit the risks posed to individual privacy and data security, including through data minimization, anonymizing and redacting, and limitations on sharing and storing personally identifiable information; (10) strategies to monitor and evaluate best practices in contact tracing, with input from State, Tribal, and local public health departments; and (11) strategies to coordinate with State and Tribal workforce agencies to recruit newly unemployed individuals-- (A) prioritizing individuals from within the communities in which they will work; and (B) reflecting the diversity of that community. (d) Strategies To Enable Hiring, Training, and Deployment.--Not later than 7 days after the strategy under subsection (a) is provided to the appropriate congressional committees, the Secretary shall provide the strategies described in subsection (c)(5) to States and Tribes. SEC. 3. GRANTS TO PUBLIC HEALTH DEPARTMENTS. (a) In General.--Subject to the availability of appropriations, the Secretary Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, shall award a grant to each State and local public health department that seeks a grant in accordance with this section to implement the strategy under section 2(a). (b) Formula.--The Secretary shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary that-- (1) provides a minimum level of funding to each grantee; and (2) allocates-- (A) additional funding among grantees based on-- (i) population, including the presence of medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3))); (ii) the projected need for COVID-19 in vitro diagnostic products (as defined in section 809.3 of title 21, Code of Federal Regulations (or successor regulations)) during the period of the grant; (iii) the percentage of COVID-19 cases per 10,000 persons as of the date of submission of the application for the grant; (iv) the COVID-19 case growth rate; and (v) the projected number of COVID-19 cases during the period of the grant; and (B) an additional increment for States that have a plan to increase the percentage of the population that will be tested. (c) Required Uses of Funds.--Amounts made available to a grantee pursuant to subsection (a) shall be used for the following activities: (1) Costs, including wages and benefits, including health care benefits, as appropriate, related to the recruiting and hiring of individuals-- (A) to serve as case investigators, contact tracers, and social support specialists described in paragraphs (1), (2), and (3), respectively, of section 2(c); and (B) employed by-- (i) the State or local government involved; or (ii) a nonprofit organization with demonstrated expertise in implementing public health programs. (2) Supplies necessary for grantees to implement the strategy established under section 2, including any supplies, equipment, or technology for individuals serving as case investigators, contact tracers, or social support specialists. (3) Administrative costs and activities necessary for grantees to implement the strategy established under section 2. (4) Development of partnerships with State and local workforce development systems as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) to provide training and supportive service for individuals serving as case investigators, contact tracers, or social support specialists. (5) Reporting to the Centers for Disease Control and Prevention on-- (A) implementation of the strategy established under section 2; and (B) indicators of performance listed in section 5(c)(1). (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $10,000,000,000, to remain available until expended. SEC. 4. AWARDS TO TRIBES AND TRIBAL ORGANIZATIONS. (a) In General.--Subject to the availability of appropriations, the Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Indian Health Service, in coordination with the Director of the Centers for Disease Control and Prevention, in consultation with Indian Tribes and Tribal organizations, shall award funds to Indian Tribes and Tribal organizations to implement the strategy established under section 2. (b) Formula.--The Secretary shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary in consultation with Indian Tribes and Tribal organizations that-- (1) provides a minimum level of funding to each Indian Tribe and Tribal organization; and (2) allocates additional funding on the basis of population. (c) Eligible Activities.--Amounts made available to an awardee pursuant to subsection (a) shall be used for the following activities: (1) Costs, including wages and benefits, including health care benefits, as appropriate, related to the recruiting and hiring of individuals-- (A) to serve as case investigators, contact tracers, and social support specialists described in paragraphs (1), (2), and (3), respectively, of section 2(c); and (B) employed by-- (i) the Tribal government involved; or (ii) a nonprofit organizations with demonstrated expertise in implementing public health programs. (2) Supplies necessary for awardees to implement the strategy established under section 2, including any supplies, equipment, or technology for individuals serving as case investigators, contact tracers, or social support specialists. (3) Administrative costs and activities necessary for awardees to implement the strategy established under section 2. (4) Development of partnerships with State and local workforce development systems as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) to provide training and supportive service for individuals serving as case investigators, contact tracers, or social support specialists. (5) Reporting to the Indian Health Service, which shall then report the information to the Centers for Disease Control and Prevention, on-- (A) implementation of the strategy established under section 2; and (B) indicators of performance listed in section 5(c)(1). (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $1,000,000,000, to remain available until expended. SEC. 5. REPORTING BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) In General.--Not later than 90 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the ``Secretary'') shall report to the appropriate congressional committees on the implementation of the strategy established under section 2. (b) Reporting Infrastructure.--In carrying out subsection (a), the Secretary shall-- (1) support a reporting infrastructure that-- (A) minimizes administrative burdens on States, Indian Tribes, Tribal organizations, and localities; and (B) protects the privacy of individuals' information; and (2) consult with Indian Tribes and Tribal organizations and coordinate with the Indian Health Service to create a reporting infrastructure for Indian Tribes and Tribal organizations that-- (A) honors and preserves Tribal data sovereignty; and (B) ensures that Indian Tribes and Tribal organizations consent before any Tribal data is reported. (c) Requirements.--The report under subsection (a) shall-- (1) for each State and Indian Tribe include-- (A) the number of case investigators hired, trained, and deployed; (B) the number of contact tracers hired, trained, and deployed; (C) the number of social support specialists hired, trained, and deployed; (D) the number of case investigations launched; (E) the percentage of contacts reached compared to the percentage of contacts identified; (F) the percentage of contacts quarantined or isolated compared to the percentage of contacts reached; (G) the percentage of contacts connected to social supports compared to the percentage of contacts needing such supports to quarantine; and (H) a description of any barriers that limit the ability of contacts to quarantine, to isolate, or to access needed social supports; (2) contextualize the data that is reported so as to mitigate discrimination against historically marginalized communities; and (3) be made public on the internet website of the Centers for Disease Control and Prevention. SEC. 6. GRANTS TO STATE AND TRIBAL WORKFORCE AGENCIES. (a) Definitions.-- (1) In general.--Except as otherwise provided, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2) Apprenticeship; apprenticeship program.--The term ``apprenticeship'' or ``apprenticeship program'' means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act'') (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019. (3) Contact tracing and related positions.--The term ``contact tracing and related positions'' means employment related to contact tracing, surveillance, containment, and mitigation activities. (4) Eligible entity.--The term ``eligible entity'' means-- (A) a State or territory, including the District of Columbia and Puerto Rico; (B) an Indian Tribe, Tribal organization, Urban Indian organization, Alaska Native entity, Indian- controlled organization serving Indians, or Native Hawaiian organization; (C) an outlying area; or (D) a local board, if an eligible entity under subparagraphs (A) through (C) has not applied with respect to the area over which the local board has jurisdiction as of the date on which the local board submits an application under subsection (c). (5) Eligible individual.--Notwithstanding section 170(b)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(2)), the term ``eligible individual'' means an individual seeking or securing employment in contact tracing or related positions and is served by an eligible entity or community-based organization receiving funding under this section. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) Urban indian organization.--The term ``Urban Indian organization'' has the meaning given to such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). (b) Grants.-- (1) In general.--Subject to the availability of appropriations under subsection (g), the Secretary shall award national dislocated worker grants under section 170(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks a grant to assist local boards and community-based organizations in carrying out activities under subsections (f) and (d), respectively, for the following purposes: (A) To support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions in accordance with the strategy established under section 2 of this Act. (B) To assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment. (2) Timeline.--The Secretary of Labor shall-- (A) issue application requirements under subsection (c) not later than 10 days after the date of enactment of this section; and (B) award grants to an eligible entity under paragraph (1) not later than 10 days after the date on which the Secretary receives an application from such entity. (c) Grant Application.--An eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of-- (1) how the eligible entity will support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions by partnering with-- (A) a State, local, Tribal, or territorial health department; or (B) a community-based organization partnering with such health departments; (2) how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and related positions with respect to-- (A) the State plans referred to in the heading ``Public Health and Social Services Emergency Fund'' in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116-139); (B) the strategy established under section 2 of this Act; and (C) the number of eligible individuals that the State plans to recruit and train under the plans and strategies described in subparagraphs (A) and (B); (3) the specific strategies for recruiting and placement of eligible individuals from or residing within the communities in which they will work, including-- (A) plans for the recruitment of eligible individuals to serve as contact tracers and related positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, or underemployed or furloughed workers, who are from or reside in or near the local area in which they will serve, and who, to the extent practicable-- (i) have experience or a background in industry-sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing or related positions; or (ii) seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing or related positions; (B) how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity; (4) the amount, timing, and mechanisms for distribution of funds provided to local boards or through subgrants as described in subsection (d); (5) for eligible entities described in subparagraphs (A) through (C) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to-- (A) geography (such as urban and rural distribution); (B) medically underserved populations (as defined in section 33(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b))); (C) health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))); and (D) the racial and ethnic diversity of the area; and (6) for eligible entities who are local boards, a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5). (d) Subgrant Authorization and Application Process.-- (1) In general.--An eligible entity may award a subgrant to a community-based organization for the purposes of partnering with a State or local board to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing and related positions. (2) Application.--A community-based organization shall submit an application at such time and in such manner as the eligible entity may reasonably require, including-- (A) a demonstration of the community-based organization's established expertise and effectiveness in community outreach in the local area that such organization plans to serve; (B) a demonstration of the community-based organization's expertise in providing employment or public health information to the local areas in which such organization plans to serve; and (C) a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services. (e) Grant Distribution.-- (1) Federal distribution.-- (A) Use of funds.--The Secretary of Labor shall use the funds appropriated to carry out this section as follows: (i) Subject to clause (ii), the Secretary shall distribute funds among eligible entities in accordance with a formula to be established by the Secretary that-- (I) provides a minimum level of funding to each eligible entity that seeks a grant under this section; and (II) allocates additional funding with priority given based on the number and proportion of contact tracing and related positions that the State plans to recruit, place, and train as a part of the State plans described in subsection (c)(2)(A). (ii) Not more than 2 percent of the funding may be used for administration of the grants and for providing technical assistance to recipients of funds under this section. (B) Equitable distribution.--If the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under in subsection (c)(5). (2) Eligible entity use of funds.--An eligible entity described in subparagraphs (A) through (C) of subsection (a)(4)-- (A) shall, not later than 30 days after the date on which the entity receives grant funds under this section, provide not less than 70 percent of grant funds to local boards for the purpose of carrying out activities in subsection (f); (B) may use up to 20 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (d); (C) in providing funds to local boards and awarding subgrants under this subsection shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and (D) may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local boards and community-based organizations. (3) Local board use of funds.--A local board, or an eligible entity that is a local board, shall use-- (A) not less than 60 percent of the funds for recruitment and training for activities in accordance with the strategy established under section 2; (B) not less than 30 of the funds to support the transition of individuals hired as contact tracers and related positions into an education or training program, or unsubsidized employment upon completion of such positions; and (C) not more than 10 percent of the funds for administrative costs. (f) Eligible Activities.--The State or local boards shall use funds awarded under this section to support the recruitment and placement of eligible individuals, training and employment transition as related to contact tracing and related positions, and for the following activities: (1) Establishing or expanding partnerships with-- (A) State, local, Tribal, and territorial public health departments; (B) community-based health providers, including community health centers and rural health clinics; (C) labor organizations or joint labor management organizations; (D) two-year and four-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and (E) community action agencies or other community- based organizations serving local areas in which there is a demand for contact tracers and related positions. (2) Providing training for contact tracing and related positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy and ensuring that eligible individuals receive compensation while participating in such training. (3) Providing eligible individuals with-- (A) adequate and safe equipment, environments, and facilities for training and supervision, as applicable; (B) information regarding the wages and benefits related to contact tracing and related positions, as compared to State, local, and national averages; (C) supplies and equipment needed by the program participants to support placement of an individual in contact tracing and related positions, as applicable; (D) an individualized employment plan for each eligible individual, as applicable-- (i) in coordination with the entity employing the eligible individual in a contact tracing or related position; and (ii) which shall include providing a case manager to work with each eligible individual to develop the plan, which may include-- (I) identifying employment and career goals, and setting appropriate achievement objectives to attain such goals; and (II) exploring career pathways that lead to in-demand industries and sectors, including in public health and related occupations; and (E) services for the period during which the individual is employed in a contact tracing and related position to ensure job retention, which may include-- (i) supportive services throughout the term of employment; (ii) a continuation of skills training as related to employment as a contact tracer or related positions, that is conducted in collaboration with the employers of such participants; (iii) mentorship services and job retention support for eligible individuals; or (iv) targeted training for managers and workers working with eligible individuals (such as mentors), and human resource representatives. (4) Supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or related positions after such positions are no longer necessary in the State or local area, including-- (A) any additional training and employment activities as described in section 170(d)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(4)); (B) developing the appropriate combination of services to enable the eligible individual to achieve the employment and career goals identified under paragraph (3)(D)(ii)(I); and (C) services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing or related positions, as appropriate. (5) Any other activities as described in subsections (a)(3) and (b) of section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174). (g) Limitation.--Notwithstanding section 170(d)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed in a contact tracing or related position using funds under this section for a period not greater than 2 years. (h) Reporting by the Department of Labor.-- (1) In general.--Not later than 120 days of the enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available a report containing a description of-- (A) the number of eligible individuals recruited, hired, trained as contact tracers or in related positions; (B) the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing or related positions using funds under this subtitle; (C) the number of such individuals who were unemployed prior to being hired, trained, or deployed as described in paragraph (1); (D) the performance of each program supported by funds under this subtitle with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable; (E) the number of individuals in unsubsidized employment within six months and 1 year, respectively, of the conclusion of employment in contact tracing or related positions and, of those, the number of individuals within a State, territorial, or local public health department in an occupation related to public health; (F) any information on how eligible entities, local boards, or community-based organizations that received funding under this subsection were able to support the goals of the strategy established under section 2 of this Act; and (G) best practices for improving and increasing the transition of individuals employed in contact tracing or related positions to permanent, full-time employment. (2) Disaggregation.--All data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant. (i) Special Rule.--Any funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term subsection (a) of this section, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program. (j) Displacement.-- (1) Prohibition.--A participant in a program or activity authorized under this section shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation). (2) Prohibition on impairment of contracts.--A program or activity authorized under this section shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned. (k) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $500,000,000. SEC. 7. GAO STUDY. (a) Scope of Study.--The Comptroller General of the United States shall conduct a study to evaluate-- (1) the strategies, components, policies, and practices used by recipients of funding under this Act to successfully assist-- (A) State, Tribal, and local health departments; and (B) State, Tribal, and local workforce development systems; and (2) any challenges associated with implementation of such strategies, components, policies, and practices. (b) Consultation.--In carrying out the study under subsection (a), the Comptroller General shall consult with a geographically diverse (including urban, suburban, and rural) representation of individuals engaged in implementation of this Act, including the following: (1) Centers for Disease Control and Prevention employees. (2) Department of Labor employees. (3) State and local public health departments. (4) State and local workforce development systems. (5) Indian Tribes and Tribal organizations. (6) Case investigators, contact tracers, and social support specialists. (c) Submission.--Not later than two years after the date of enactment of this Act, the Comptroller General shall submit the study conducted under subsection (a) to the appropriate congressional committees. SEC. 8. APPLICATION OF THE SERVICE CONTRACT ACT TO CONTRACTS AND GRANTS. Contracts and grants which include contact tracing as part of the scope of work and that are awarded under this subtitle shall require that contact tracers and related positions are paid not less than the prevailing wage and fringe rates required under chapter 67 of title 41, United States Code (commonly known as the ``Service Contract Act''), for the area in which the work is performed. To the extent that a nonstandard wage determination is required to establish a prevailing wage for contact tracers and related positions for purposes of this subtitle, the Secretary of Labor shall issue such determination not later than 14 days after the date of enactment of this Act, based on a job description used by the Centers for Disease Control and Prevention and contractors or grantees performing contact tracing for State public health agencies. SEC. 9. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to restrict or in any way infringe upon individuals' freedom of association. all
"H.R. 711 (Engrossed Amendment 
Senate) - An Act to amend the West Los Angeles Leasing Act of 2016 to 
authorize the use of certain funds received pursuant to leases entered 
into under such Act, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr711eas/html/BILLS-117hr711eas.htm	DOC In the Senate of the United States, May 28 (legislative day, May 27), 2021. Resolved, That the bill from the House of Representatives (H.R. 711) entitled ``An Act to amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes.'', do pass with the following AMENDMENT: At the end, add the following: SEC. 5. INCLUSION OF ASSESSMENT OF REVENUE EXPENDITURES AND DIRECT BENEFITS TO VETERANS IN ANNUAL REPORT. Section 2(j)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 929) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) an assessment of-- ``(i) the manner in which such revenue is expended; and ``(ii) the direct benefits such expenditures provide to veterans; and''. Attest: Secretary. 117th CONGRESS 1st Session H.R. 711 _______________________________________________________________________ AMENDMENT
H.R. 711 (Engrossed in House) - West Los Angeles VA Campus Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr711eh/html/BILLS-117hr711eh.htm	DOC 117th CONGRESS 1st Session H. R. 711 _______________________________________________________________________ AN ACT To amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``West Los Angeles VA Campus Improvement Act of 2021''. SEC. 2. TREATMENT OF LAND USE REVENUES UNDER WEST LOS ANGELES LEASING ACT OF 2016. (a) In General.--Subsection (d) of section 2 of the West Los Angeles Leasing Act of 2016 (Public Law 114- 226; 130 Stat. 927) is amended to read as follows: ``(d) Land Use Revenues at the Campus.-- ``(1) In general.--Any land use revenues received by the Secretary shall be credited to the applicable Department medical facilities accounts or minor construction accounts and shall be available, without fiscal year limitation and without further appropriation, exclusively for any of the following: ``(A) Supporting construction, maintenance, and services at the Campus relating to temporary or permanent supportive housing for homeless or at-risk veterans and their families. ``(B) Renovating and maintaining the land and facilities at the Campus. ``(C) Carrying out minor construction projects at the Campus. ``(D) Carrying out community operations at the Campus that support the development of emergency shelter or supportive housing for homeless or at-risk veterans and their families. ``(2) Land use revenue defined.--In this subsection, the term `land use revenue' means-- ``(A) any funds received by the Secretary under a lease described in subsection (b); and ``(B) any funds received as proceeds from any assets seized or forfeited, and any restitution paid, in connection with any third-party land use at the Campus.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to funds received by the Secretary of Veterans Affairs after the date of the enactment of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927). SEC. 3. MODIFICATION TO ENHANCED USE LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. Paragraph (1) of section 2(b) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927), is amended by adding at the end the following new sentence: ``Notwithstanding section 8162(b)(2) of such title, the term of such an enhanced-use lease at the Campus may not exceed 99 years.''. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 711 _______________________________________________________________________ AN ACT To amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes.
H.R. 711 (Enrolled Bill) - West Los Angeles VA Campus Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr711enr/html/BILLS-117hr711enr.htm	H.R.711 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``West Los Angeles VA Campus Improvement Act of 2021''. SEC. 2. TREATMENT OF LAND USE REVENUES UNDER WEST LOS ANGELES LEASING ACT OF 2016. (a) In General.--Subsection (d) of section 2 of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927) is amended to read as follows: ``(d) Land Use Revenues at the Campus.-- ``(1) In general.--Any land use revenues received by the Secretary shall be credited to the applicable Department medical facilities accounts or minor construction accounts and shall be available, without fiscal year limitation and without further appropriation, exclusively for any of the following: ``(A) Supporting construction, maintenance, and services at the Campus relating to temporary or permanent supportive housing for homeless or at-risk veterans and their families. ``(B) Renovating and maintaining the land and facilities at the Campus. ``(C) Carrying out minor construction projects at the Campus. ``(D) Carrying out community operations at the Campus that support the development of emergency shelter or supportive housing for homeless or at-risk veterans and their families. ``(2) Land use revenue defined.--In this subsection, the term `land use revenue' means-- ``(A) any funds received by the Secretary under a lease described in subsection (b); and ``(B) any funds received as proceeds from any assets seized or forfeited, and any restitution paid, in connection with any third-party land use at the Campus.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to funds received by the Secretary of Veterans Affairs after the date of the enactment of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927). SEC. 3. MODIFICATION TO ENHANCED USE LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. Paragraph (1) of section 2(b) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927), is amended by adding at the end the following new sentence: ``Notwithstanding section 8162(b)(2) of such title, the term of such an enhanced-use lease at the Campus may not exceed 99 years.''. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. SEC. 5. INCLUSION OF ASSESSMENT OF REVENUE EXPENDITURES AND DIRECT BENEFITS TO VETERANS IN ANNUAL REPORT. Section 2(j)(2) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 929) is amended-- (1) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph (B): ``(B) an assessment of-- ``(i) the manner in which such revenue is expended; and ``(ii) the direct benefits such expenditures provide to veterans; and''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
H.R. 711 (Introduced in House) - West Los Angeles VA Campus Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr711ih/html/BILLS-117hr711ih.htm	DOC 117th CONGRESS 1st Session H. R. 711 To amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Lieu introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``West Los Angeles VA Campus Improvement Act of 2021''. SEC. 2. TREATMENT OF LAND USE REVENUES UNDER WEST LOS ANGELES LEASING ACT OF 2016. (a) In General.--Subsection (d) of section 2 of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927) is amended to read as follows: ``(d) Land Use Revenues at the Campus.-- ``(1) In general.--Any land use revenues received by the Secretary shall be credited to the applicable Department medical facilities accounts or minor construction accounts and shall be available, without fiscal year limitation and without further appropriation, exclusively for any of the following: ``(A) Supporting construction, maintenance, and services at the Campus relating to temporary or permanent supportive housing for homeless or at-risk veterans and their families. ``(B) Renovating and maintaining the land and facilities at the Campus. ``(C) Carrying out minor construction projects at the Campus. ``(D) Carrying out community operations at the Campus that support the development of emergency shelter or supportive housing for homeless or at-risk veterans and their families. ``(2) Land use revenue defined.--In this subsection, the term `land use revenue' means-- ``(A) any funds received by the Secretary under a lease described in subsection (b); ``(B) any funds received as compensation for an easement described in subsection (e); and ``(C) any funds received as proceeds from any assets seized or forfeited, and any restitution paid, in connection with any third-party land use at the Campus.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to funds received by the Secretary of Veterans Affairs after the date of the enactment of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927). SEC. 3. MODIFICATION TO ENHANCED USE LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. Paragraph (1) of section 2(b) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927), is amended by adding at the end the following new sentence: ``Notwithstanding section 8162(b)(2) of such title, the term of such an enhanced-use lease at the Campus may not exceed 99 years.''. all
H.R. 711 (Referred in Senate) - West Los Angeles VA Campus Improvement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr711rfs/html/BILLS-117hr711rfs.htm	DOC 117th CONGRESS 1st Session H. R. 711 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 19, 2021 Received; read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ AN ACT To amend the West Los Angeles Leasing Act of 2016 to authorize the use of certain funds received pursuant to leases entered into under such Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``West Los Angeles VA Campus Improvement Act of 2021''. SEC. 2. TREATMENT OF LAND USE REVENUES UNDER WEST LOS ANGELES LEASING ACT OF 2016. (a) In General.--Subsection (d) of section 2 of the West Los Angeles Leasing Act of 2016 (Public Law 114- 226; 130 Stat. 927) is amended to read as follows: ``(d) Land Use Revenues at the Campus.-- ``(1) In general.--Any land use revenues received by the Secretary shall be credited to the applicable Department medical facilities accounts or minor construction accounts and shall be available, without fiscal year limitation and without further appropriation, exclusively for any of the following: ``(A) Supporting construction, maintenance, and services at the Campus relating to temporary or permanent supportive housing for homeless or at-risk veterans and their families. ``(B) Renovating and maintaining the land and facilities at the Campus. ``(C) Carrying out minor construction projects at the Campus. ``(D) Carrying out community operations at the Campus that support the development of emergency shelter or supportive housing for homeless or at-risk veterans and their families. ``(2) Land use revenue defined.--In this subsection, the term `land use revenue' means-- ``(A) any funds received by the Secretary under a lease described in subsection (b); and ``(B) any funds received as proceeds from any assets seized or forfeited, and any restitution paid, in connection with any third-party land use at the Campus.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to funds received by the Secretary of Veterans Affairs after the date of the enactment of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927). SEC. 3. MODIFICATION TO ENHANCED USE LEASES AT THE DEPARTMENT OF VETERANS AFFAIRS WEST LOS ANGELES CAMPUS. Paragraph (1) of section 2(b) of the West Los Angeles Leasing Act of 2016 (Public Law 114-226; 130 Stat. 927), is amended by adding at the end the following new sentence: ``Notwithstanding section 8162(b)(2) of such title, the term of such an enhanced-use lease at the Campus may not exceed 99 years.''. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 18, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 712 (Introduced in House) - Air Traffic Noise and Pollution Expert Consensus Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr712ih/html/BILLS-117hr712ih.htm	DOC 117th CONGRESS 1st Session H. R. 712 To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of air traffic noise and pollution, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Lynch (for himself, Ms. Norton, Mr. Quigley, and Mr. Suozzi) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of air traffic noise and pollution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Traffic Noise and Pollution Expert Consensus Act of 2021''. SEC. 2. HEALTH IMPACTS OF AIR TRAFFIC NOISE AND POLLUTION. (a) Study.--The Administrator of the Federal Aviation Administration shall enter into appropriate arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and Medicine under which the Division will-- (1) not later than 30 days after the date of enactment of this Act, convene a committee of experts in health and environmental science to examine the various health impacts of air traffic noise and pollution; and (2) issue a corresponding expert consensus report that sets forth current scientific knowledge relating to the various health impacts of air traffic noise and pollution. (b) Report.--Upon completion of the consensus report, the Division shall transmit the report to-- (1) the Administrator; (2) the Secretary of Health and Human Services; (3) the Administrator of the Environmental Protection Agency; (4) the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives; and (5) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate. all
H.R. 713 (Introduced in House) - To promote accountability and transparency in future executive orders.	https://www.govinfo.gov/content/pkg/BILLS-117hr713ih/html/BILLS-117hr713ih.htm	DOC 117th CONGRESS 1st Session H. R. 713 To promote accountability and transparency in future executive orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Mann introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To promote accountability and transparency in future executive orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS. (a) In General.--Not later than 30 days before issuing a qualifying executive order, the President shall transmit to the Congress, and make publicly available, a notification with respect to such executive order. Such notification shall contain-- (1) the text of the executive order; (2) the Federal law or laws affected by the executive order that is the subject of the notification; (3) how the President is working within the parameters specified in Federal law and the Constitution; (4) the means by which the executive order will be accomplished, including through any related Federal agencies or departments; and (5) a comprehensive list of organizations, businesses, and other parties or entities the President, or the President's designee, engaged with prior to the issuance of such executive order. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter, the President shall submit to the Congress a report on the outcome of each qualifying executive order issued during the period covered by the report. (c) Qualifying Executive Order.--The term ``qualifying executive order'' means any executive order (including an executive order that revokes or nullifies a previous executive order) issued on or after January 20, 2021, relating to agriculture, food, and the livelihood of farmers, ranchers, and producers in the United States. all
H.R. 714 (Introduced in House) - To promote accountability and transparency in future executive orders.	https://www.govinfo.gov/content/pkg/BILLS-117hr714ih/html/BILLS-117hr714ih.htm	DOC 117th CONGRESS 1st Session H. R. 714 To promote accountability and transparency in future executive orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Mann introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To promote accountability and transparency in future executive orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS. (a) In General.--Not later than 30 days before issuing a qualifying executive order, the President shall transmit to the Congress, and make publicly available, a notification with respect to such executive order. Such notification shall contain-- (1) the text of the executive order; (2) the Federal law or laws affected by the executive order that is the subject of the notification; (3) how the President is working within the parameters specified in Federal law and the Constitution; (4) the means by which the executive order will be accomplished, including through any related Federal agencies or departments; and (5) a comprehensive list of organizations, businesses, and other parties or entities the President, or the President's designee, engaged with prior to the issuance of such executive order. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter, the President shall submit to the Congress a report on the outcome of each qualifying executive order issued during the period covered by the report. (c) Qualifying Executive Order.--The term ``qualifying executive order'' means any executive order (including an executive order that revokes or nullifies a previous executive order) issued on or after January 20, 2021, relating to abortion, including the prohibition on the use of Federal funds for abortions, as specified in sections 506 and 507 of division H of the Consolidated Appropriations Act, 2021 (Public Law 116-260) (commonly referred to as the ``Hyde amendment''), and the right to life guaranteed by the 14th Amendment to the Constitution. all
H.R. 715 (Introduced in House) - To promote accountability and transparency in future executive orders.	https://www.govinfo.gov/content/pkg/BILLS-117hr715ih/html/BILLS-117hr715ih.htm	DOC 117th CONGRESS 1st Session H. R. 715 To promote accountability and transparency in future executive orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Mann introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To promote accountability and transparency in future executive orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS. (a) In General.--Not later than 30 days before issuing a qualifying executive order, the President shall transmit to the Congress, and make publicly available, a notification with respect to such executive order. Such notification shall contain-- (1) the text of the executive order; (2) the Federal law or laws affected by the executive order that is the subject of the notification; (3) how the President is working within the parameters specified in Federal law and the Constitution; (4) the means by which the executive order will be accomplished, including through any related Federal agencies or departments; and (5) a comprehensive list of organizations, businesses, and other parties or entities the President, or the President's designee, engaged with prior to the issuance of such executive order. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter, the President shall submit to the Congress a report on the outcome of each qualifying executive order issued during the period covered by the report. (c) Qualifying Executive Order.--The term ``qualifying executive order'' means any executive order (including an executive order that revokes or nullifies a previous executive order) issued on or after January 20, 2021, relating to the energy policy of the United States. all
H.R. 716 (Introduced in House) - To promote accountability and transparency in future executive orders.	https://www.govinfo.gov/content/pkg/BILLS-117hr716ih/html/BILLS-117hr716ih.htm	DOC 117th CONGRESS 1st Session H. R. 716 To promote accountability and transparency in future executive orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Mann introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To promote accountability and transparency in future executive orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS. (a) In General.--Not later than 30 days before issuing a qualifying executive order, the President shall transmit to the Congress, and make publicly available, a notification with respect to such executive order. Such notification shall contain-- (1) the text of the executive order; (2) the Federal law or laws affected by the executive order that is the subject of the notification; (3) how the President is working within the parameters specified in Federal law and the Constitution; (4) the means by which the executive order will be accomplished, including through any related Federal agencies or departments; and (5) a comprehensive list of organizations, businesses, and other parties or entities the President, or the President's designee, engaged with prior to the issuance of such executive order. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter, the President shall submit to the Congress a report on the outcome of each qualifying executive order issued during the period covered by the report. (c) Qualifying Executive Order.--The term ``qualifying executive order'' means any executive order (including an executive order that revokes or nullifies a previous executive order) issued on or after January 20, 2021, relating to the right of law-abiding individuals in the United States to own, carry, and use firearms, as guaranteed by the Second Amendment to the Constitution. all
H.R. 717 (Introduced in House) - To promote accountability and transparency in future executive orders.	https://www.govinfo.gov/content/pkg/BILLS-117hr717ih/html/BILLS-117hr717ih.htm	DOC 117th CONGRESS 1st Session H. R. 717 To promote accountability and transparency in future executive orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Mann introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To promote accountability and transparency in future executive orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS. (a) In General.--Not later than 30 days before issuing a qualifying executive order, the President shall transmit to the Congress, and make publicly available, a notification with respect to such executive order. Such notification shall contain-- (1) the text of the executive order; (2) the Federal law or laws affected by the executive order that is the subject of the notification; (3) how the President is working within the parameters specified in Federal law and the Constitution; (4) the means by which the executive order will be accomplished, including through any related Federal agencies or departments; and (5) a comprehensive list of organizations, businesses, and other parties or entities the President, or the President's designee, engaged with prior to the issuance of such executive order. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter, the President shall submit to the Congress a report on the outcome of each qualifying executive order issued during the period covered by the report. (c) Qualifying Executive Order.--The term ``qualifying executive order'' means any executive order (including an executive order that revokes or nullifies a previous executive order) issued on or after January 20, 2021, relating to any policy with respect to immigration into the United States. all
H.R. 718 (Introduced in House) - To promote accountability and transparency in future executive orders.	https://www.govinfo.gov/content/pkg/BILLS-117hr718ih/html/BILLS-117hr718ih.htm	DOC 117th CONGRESS 1st Session H. R. 718 To promote accountability and transparency in future executive orders. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Mann introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To promote accountability and transparency in future executive orders. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NOTIFICATION RESPECTING CERTAIN EXECUTIVE ORDERS. (a) In General.--Not later than 30 days before issuing a qualifying executive order, the President shall transmit to the Congress, and make publicly available, a notification with respect to such executive order. Such notification shall contain-- (1) the text of the executive order; (2) the Federal law or laws affected by the executive order that is the subject of the notification; (3) how the President is working within the parameters specified in Federal law and the Constitution; (4) the means by which the executive order will be accomplished, including through any related Federal agencies or departments; and (5) a comprehensive list of organizations, businesses, and other parties or entities the President, or the President's designee, engaged with prior to the issuance of such executive order. (b) Reports.--Not later than 6 months after the date of the enactment of this Act, and every 12 months thereafter, the President shall submit to the Congress a report on the outcome of each qualifying executive order issued during the period covered by the report. (c) Qualifying Executive Order.--The term ``qualifying executive order'' means any executive order (including an executive order that revokes or nullifies a previous executive order) issued on or after January 20, 2021, relating to the natural resources of the United States and the environment. all
H.R. 719 (Introduced in House) - Right to Test Act	https://www.govinfo.gov/content/pkg/BILLS-117hr719ih/html/BILLS-117hr719ih.htm	DOC 117th CONGRESS 1st Session H. R. 719 To allow States to approve the use of diagnostic tests during a public health emergency. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. McHenry (for himself, Mr. Roy, and Mr. Comer) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To allow States to approve the use of diagnostic tests during a public health emergency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Test Act''. SEC. 2. STATE APPROVAL OF DIAGNOSTIC TESTS. (a) In General.--Notwithstanding chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) and section 353 of the Public Health Service Act (42 U.S.C. 263a), during any public health emergency declared by the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') under section 319 of the Public Health Service Act (42 U.S.C. 247d) or by a State in accordance with the law of the State, the public health department of such State (or such other State entity as designated by the governor of the State) may clear or approve diagnostic tests or diagnostic devices, for use in that State during the applicable public health emergency only. (b) Application.--An approval or clearance pursuant to subsection (a) may-- (1) allow for the preparation, compounding, assembly, propagation, manufacture, development, sale, distribution, or use of a specified diagnostic test or diagnostic device to address the health diagnostic needs of the State during the public health emergency; (2) apply to a diagnostic test or diagnostic device needed to address the health diagnostic needs of the State during the public health emergency, as determined by the State, including, but not limited to, a test or device that uses reagents or swabbing (including self-swab); (3) apply to the testing of patients if the State certifies that the test can be validated, as determined by the State; and (4) apply to laboratory-developed tests performed by laboratories and hospitals certified under section 353 of the Public Health Service Act (42 U.S.C. 263a), and to such tests performed by clinical laboratory companies. (c) Suspension Enforcement by FDA.-- (1) In general.--Except as provided in paragraph (1), with respect to a diagnostic test or diagnostic device approved or cleared by a State pursuant to subsection (a), the Secretary may not, for the duration of the applicable public health emergency engage in any enforcement action-- (A) with respect to the test or device, to the extent that such test or device is distributed and used within the State granting the approval or clearance in accordance with the requirements of the State; (B) against a State or State entity that clears or approves the test or device in accordance with this section; or (C) against any State, entity of a State, health care provider, health care facility, laboratory, educational institution, manufacturer, or distributor that prepares, propagates, compounds, assembles, or processes a diagnostic test or diagnostic device by chemical, physical, biological, or other procedure for such test or device or develops, manufactures, distributes, sells, administers, or evaluates such test-- (i) within the applicable State in accordance with the requirements of the State; or (ii) for the applicable State or individuals or entities that are located within the applicable State. (2) Exception.--The provisions of paragraph (1) shall not apply with respect to a State if the governor of the State requests that enforcement continue in the State during the public health emergency. (d) Action by FDA After Public Health Emergency.--Not later than 180 days after the end of any public health emergency under which a State exercises its authority under subsection (a) with respect to a diagnostic test or diagnostic device, if the Food and Drug Administration has not cleared or approved such test or device under chapter V of the Federal Food, Drug, and Cosmetic Act, the Secretary shall review and make a final determination, within such 180-day period, with respect to such test or device for clearance or approval. (e) Diagnostic Tests and Diagnostic Devices.--In this section, the terms ``diagnostic test'' and ``diagnostic device'' include in vitro diagnostic products, laboratory developed tests, viral tests, serological and antibody tests, and any other test used to identify, analyze, or investigate a disease. all
H.R. 71 (Introduced in House) - Criminal Alien Gang Member Removal Act	https://www.govinfo.gov/content/pkg/BILLS-117hr71ih/html/BILLS-117hr71ih.htm	DOC 117th CONGRESS 1st Session H. R. 71 To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Criminal Alien Gang Member Removal Act''. SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG MEMBERS. (a) Definition of Gang Member.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ``(53) The term `criminal gang' means an ongoing group, club, organization, or association of 5 or more persons that has as one of its primary purposes the commission of 1 or more of the following criminal offenses and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses, or that has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting these criteria. The offenses described, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following: ``(A) A `felony drug offense' (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)). ``(B) An offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose). ``(C) A crime of violence (as defined in section 16 of title 18, United States Code). ``(D) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. ``(E) Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery, and trafficking in persons), section 1951 of such title (relating to interference with commerce by threats or violence), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property). ``(F) A conspiracy to commit an offense described in subparagraphs (A) through (E).''. (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: ``(J) Aliens associated with criminal gangs.--Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe-- ``(i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or ``(ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.''. (c) Deportability.--Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: ``(G) Aliens associated with criminal gangs.--Any alien is deportable who-- ``(i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or ``(ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.''. (d) Designation.-- (1) In general.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after section 219 the following: ``designation of criminal gang ``Sec. 220. (a) Designation.-- ``(1) In General.--The Secretary of Homeland Security, in consultation with the Attorney General, may designate a group, club, organization, or association of 5 or more persons as a criminal gang if the Secretary finds that their conduct is described in section 101(a)(53). ``(2) Procedure.-- ``(A) Notification.--Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate a group, club, organization, or association of 5 or more persons under this subsection and the factual basis therefor. ``(B) Publication in the federal register.--The Secretary shall publish the designation in the Federal Register seven days after providing the notification under subparagraph (A). ``(3) Record.-- ``(A) In general.--In making a designation under this subsection, the Secretary shall create an administrative record. ``(B) Classified information.--The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(4) Period of Designation.-- ``(A) In general.--A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (c). ``(B) Review of designation upon petition.-- ``(i) In general.--The Secretary shall review the designation of a criminal gang under the procedures set forth in clauses (iii) and (iv) if the designated group, club, organization, or association of 5 or more persons files a petition for revocation within the petition period described in clause (ii). ``(ii) Petition period.--For purposes of clause (i)-- ``(I) if the designated group, club, organization, or association of 5 or more persons has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; or ``(II) if the designated group, club, organization, or association of 5 or more persons has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition. ``(iii) Procedures.--Any group, club, organization, or association of 5 or more persons that submits a petition for revocation under this subparagraph of its designation as a criminal gang must provide evidence in that petition that it is not described in section 101(a)(53). ``(iv) Determination.-- ``(I) In general.--Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Secretary shall make a determination as to such revocation. ``(II) Classified information.--The Secretary may consider classified information in making a determination in response to a petition for revocation. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(III) Publication of determination.--A determination made by the Secretary under this clause shall be published in the Federal Register. ``(IV) Procedures.--Any revocation by the Secretary shall be made in accordance with paragraph (6). ``(C) Other review of designation.-- ``(i) In general.--If in a 5-year period no review has taken place under subparagraph (B), the Secretary shall review the designation of the criminal gang in order to determine whether such designation should be revoked pursuant to paragraph (6). ``(ii) Procedures.--If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Secretary. The results of such review and the applicable procedures shall not be reviewable in any court. ``(iii) Publication of results of review.--The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register. ``(5) Revocation by Act of Congress.--The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). ``(6) Revocation Based on Change in Circumstances.-- ``(A) In general.--The Secretary may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Secretary finds that-- ``(i) the group, club, organization, or association of 5 or more persons that has been designated as a criminal gang is no longer described in section 101(a)(53); or ``(ii) the national security or the law enforcement interests of the United States warrants a revocation. ``(B) Procedure.--The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified. ``(7) Effect of Revocation.--The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. ``(8) Use of Designation in Trial or Hearing.--If a designation under this subsection has become effective under paragraph (2) an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection. ``(b) Amendments to a Designation.-- ``(1) In general.--The Secretary may amend a designation under this subsection if the Secretary finds that the group, club, organization, or association of 5 or more persons has changed its name, adopted a new alias, dissolved and then reconstituted itself under a different name or names, or merged with another group, club, organization, or association of 5 or more persons. ``(2) Procedure.--Amendments made to a designation in accordance with paragraph (1) shall be effective upon publication in the Federal Register. Paragraphs (2), (4), (5), (6), (7), and (8) of subsection (a) shall also apply to an amended designation. ``(3) Administrative record.--The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments. ``(4) Classified information.--The Secretary may consider classified information in amending a designation in accordance with this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c) of this section. ``(c) Judicial Review of Designation.-- ``(1) In general.--Not later than 30 days after publication in the Federal Register of a designation, an amended designation, or a determination in response to a petition for revocation, the designated group, club, organization, or association of 5 or more persons may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit. ``(2) Basis of review.--Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation, amended designation, or determination in response to a petition for revocation. ``(3) Scope of review.--The Court shall hold unlawful and set aside a designation, amended designation, or determination in response to a petition for revocation the court finds to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; ``(B) contrary to constitutional right, power, privilege, or immunity; ``(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right; ``(D) lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2); or ``(E) not in accord with the procedures required by law. ``(4) Judicial review invoked.--The pendency of an action for judicial review of a designation, amended designation, or determination in response to a petition for revocation shall not affect the application of this section, unless the court issues a final order setting aside the designation, amended designation, or determination in response to a petition for revocation. ``(d) Definitions.--As used in this section-- ``(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `national security' means the national defense, foreign relations, or economic interests of the United States; ``(3) the term `relevant committees' means the Committees on the Judiciary of the Senate and of the House of Representatives; and ``(4) the term `Secretary' means the Secretary of Homeland Security, in consultation with the Attorney General.''. (2) Clerical amendment.--The table of contents for such Act is amended by inserting after the item relating to section 219 the following: ``Sec. 220. Designation.''. (e) Mandatory Detention of Criminal Gang Members.-- (1) In general.--Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended-- (A) in subparagraph (C), by striking ``or'' at the end; (B) in subparagraph (D), by inserting ``or'' at the end; and (C) by inserting after subparagraph (D) the following: ``(E) is inadmissible under section 212(a)(2)(J) or deportable under section 217(a)(2)(G),''. (2) Annual report.--Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by paragraph (1). (f) Asylum Claims Based on Gang Affiliation.-- (1) Inapplicability of restriction on removal to certain countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause (i), by inserting ``who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' after ``to an alien''. (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) (as amended by section 201 of this Act) is further amended-- (A) in clause (v), by striking ``or'' at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: ``(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); or''. (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 1254a) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; (2) in subparagraph (c)(2)(B)-- (A) in clause (i), by striking ``or'' at the end; (B) in clause (ii), by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(iii) the alien is, or at any time has been, described in section 212(a)(2)(J) or section 237(a)(2)(G).''; and (3) in subsection (d)-- (A) by striking paragraph (3); and (B) in paragraph (4), by adding at the end the following: ``The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law.''. (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) is amended-- (1) in subclause (I), by striking ``and''; (2) in subclause (II), by adding ``and'' at the end; and (3) by adding at the end the following: ``(III) no alien who is, or at any time has been, described in section 212(a)(2)(J) or section 237(a)(2)(G) shall be eligible for any immigration benefit under this subparagraph;''. (i) Parole.--An alien described in section 212(a)(2)(J) of the Immigration and Nationality Act, as added by subsection (b), shall not be eligible for parole under section 212(d)(5)(A) of such Act unless-- (1) the alien is assisting or has assisted the United States Government in a law enforcement matter, including a criminal investigation; and (2) the alien's presence in the United States is required by the Government with respect to such assistance. (j) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act. all
H.R. 720 (Introduced in House) - CHampioning Apprenticeships for New Careers and Employees in TECHnology Act	https://www.govinfo.gov/content/pkg/BILLS-117hr720ih/html/BILLS-117hr720ih.htm	DOC 117th CONGRESS 1st Session H. R. 720 To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Moulton (for himself, Ms. Herrera Beutler, Mr. Foster, Mr. Carbajal, Mr. Lamb, Mr. Fitzpatrick, Mr. Langevin, Mr. Suozzi, Miss Rice of New York, Mr. Ryan, Mr. Emmer, Mr. Kilmer, Mr. Welch, Ms. Blunt Rochester, and Mr. Peters) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to enter into contracts with industry intermediaries for purposes of promoting the development of and access to apprenticeships in the technology sector, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``CHampioning Apprenticeships for New Careers and Employees in TECHnology Act'' or the ``CHANCE in TECH Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) During any given 90-day period there can be more than 500,000 information technology job openings in the United States. (2) Employment in the technology sector is growing twice as fast as employment in the United States. (3) Jobs in the technology sector tend to provide higher pay and better benefits than other jobs and have been more resilient to economic downturn than jobs available in other private sector industries. (4) Information technology skills are transferable across nearly all industries. (5) Exceptional education and on-the-job training programs exist and should be scaled to meet the demands of the modern technology workforce. (6) Adoption of existing employer-driven intermediary models, such as ApprenticeshipUSA under the Department of Labor, will help grow the information technology workforce. (7) Career pathway education should start in high school through pathways and programs of study that align with local and regional employer needs. (8) Preparing a student for a job in the technology sector is essential to the growth and competitiveness of the economy in the United States in the 21st century. (9) Nearly 800,000 information technology workers will retire between 2017 and 2024. (10) In 2016, the average salary in the information technology sector was $108,000, while the average salary among all other sectors was $53,040. SEC. 3. TECHNOLOGY APPRENTICESHIP CONTRACTS. (a) In General.--The Secretary of Labor (referred to in this section as ``the Secretary'') shall enter into contracts with industry intermediaries for the purpose of promoting the development of and access to apprenticeships in the technology sector, from amounts appropriated under subsection (e). (b) Eligibility.--To be eligible to be awarded a contract under this section, an industry intermediary shall submit an application to the Secretary, at such time and in such a manner as may be required by the Secretary, that identifies proposed activities designed to further the purpose described in subsection (a). (c) Selection.--The Secretary shall award contracts under this section based on competitive criteria to be prescribed by the Secretary. (d) Contractor Activities.--An industry intermediary that is awarded a contract under this section may only use the funds made available through such contract to carry out activities designed to further the purpose described in subsection (a), including-- (1) facilitating the provision and development of apprenticeships in the technology sector through collaborations with public and private entities that provide job-related instruction, such as on-the-job training, pre-apprenticeship training, and technical training; (2) encouraging entities to establish such apprenticeships; (3) identifying, assessing, and training applicants for such apprenticeships who are-- (A) enrolled in high school; (B) enrolled in an early college high school that focuses on education in STEM subjects; (C) individuals aged 18 years or older who meet appropriate qualification standards; or (D) enrolled in pre-apprenticeship or apprenticeship training initiatives that allow adults to concurrently increase academic and workforce skills through proven, evidence-based models that connect all learning to the specific apprenticeship involved and significantly accelerate completion of preparation for the apprenticeship; and (4) tracking the progress of such applicants who participate in such apprenticeships. SEC. 4. CHANCE IN TECH AWARDS FOR 21ST CENTURY SCHOOLS. (a) Awards Authorized.--The Secretary of Education may issue awards, to be known as ``CHANCE in TECH Awards for 21st Century Schools'', to schools (referred to in this section as ``covered schools'') that-- (1) are secondary schools or junior or community colleges; and (2) demonstrate high achievement in providing students necessary skills to compete in the 21st century workforce. (b) Criteria.--In selecting a covered school for an award under subsection (a), the Secretary shall take into account-- (1) the availability of STEM, career and technical education, and computer technology courses at the covered school; (2) State academic assessments, as described in section 111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)), of students at the covered school in STEM subjects; (3) any coordination between the covered school and local and regional employers in the technology sector for the purpose of providing work-based learning programs such as apprenticeships and internships; and (4) the availability of individualized plans provided by the covered school to students relating to postsecondary education or training, career paths, and financial aid. SEC. 5. FUNDING. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year. SEC. 6. DEFINITIONS. In this Act: (1) Apprenticeship.--The term ``apprenticeship'' means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.). (2) Career and technical education.--The term ``career and technical education'' has the meaning given such term in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (3) Early college high school.--The term ``early college high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) High school.--The term ``high school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (5) Industry intermediary.--The term ``industry intermediary'' means an entity that-- (A) in order to accelerate apprenticeship program development and help establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as-- (i) an industry partner; (ii) the Department of Labor; and (iii) a State agency responsible for workforce development programs; (B) demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs; and (C) is an entity such as-- (i) a business; (ii) a consortium of businesses; (iii) a business-related nonprofit organization, including industry associations and business federations; (iv) a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses, including community-based nonprofit service providers and industry-aligned training providers; or (v) a consortium of any of the entities described in clauses (i) through (iv). (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Junior or community college.--The term ``junior or community college'' has the meaning given the term in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f)). (8) Local educational agency.--The term ``local educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) State educational agency.--The term ``State educational agency'' has the meaning given such term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (11) STEM.--The term ``STEM'' means science, technology, engineering, and mathematics. (12) Technology sector.--The term ``technology sector'' means the industry sector involved in the design or development of hardware, software, or security of digital data. all
H.R. 721 (Engrossed in House) - Mental Health Services for Students Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr721eh/html/BILLS-117hr721eh.htm	DOC 117th CONGRESS 1st Session H. R. 721 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Services for Students Act of 2021''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Technical Amendments.--The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act (42 U.S.C. 290kk et seq.) is amended-- (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based Mental Health and Children.--Section 581 of the Public Health Service Act (42 U.S.C. 290hh) (relating to children and violence) is amended to read as follows: ``SEC. 581. SCHOOL-BASED MENTAL HEALTH; CHILDREN AND ADOLESCENTS. ``(a) In General.--The Secretary, in consultation with the Secretary of Education, shall, through grants, contracts, or cooperative agreements awarded to eligible entities described in subsection (c), provide comprehensive school-based mental health services and supports to assist children in local communities and schools (including schools funded by the Bureau of Indian Education) dealing with traumatic experiences, grief, bereavement, risk of suicide, and violence. Such services and supports shall be-- ``(1) developmentally, linguistically, and culturally appropriate; ``(2) trauma-informed; and ``(3) incorporate positive behavioral interventions and supports. ``(b) Activities.--Grants, contracts, or cooperative agreements awarded under subsection (a), shall, as appropriate, be used for-- ``(1) implementation of school and community-based mental health programs that-- ``(A) build awareness of individual trauma and the intergenerational, continuum of impacts of trauma on populations; ``(B) train appropriate staff to identify, and screen for, signs of trauma exposure, mental health disorders, or risk of suicide; and ``(C) incorporate positive behavioral interventions, family engagement, student treatment, and multigenerational supports to foster the health and development of children, prevent mental health disorders, and ameliorate the impact of trauma; ``(2) technical assistance to local communities with respect to the development of programs described in paragraph (1); ``(3) facilitating community partnerships among families, students, law enforcement agencies, education agencies, mental health and substance use disorder service systems, family-based mental health service systems, child welfare agencies, health care providers (including primary care physicians, mental health professionals, and other professionals who specialize in children's mental health such as child and adolescent psychiatrists), institutions of higher education, faith-based programs, trauma networks, and other community-based systems to address child and adolescent trauma, mental health issues, and violence; and ``(4) establishing mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. ``(c) Requirements.-- ``(1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall be a partnership that includes-- ``(A) a State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, in coordination with one or more local educational agencies, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or a consortium of any entities described in subparagraph (B), (C), (D), or (E) of section 8101(30) of such Act; and ``(B) at least 1 community-based mental health provider, including a public or private mental health entity, health care entity, family-based mental health entity, trauma network, or other community-based entity, as determined by the Secretary (and which may include additional entities such as a human services agency, law enforcement or juvenile justice entity, child welfare agency, agency, an institution of higher education, or another entity, as determined by the Secretary). ``(2) Compliance with hipaa.--Any patient records developed by covered entities through activities under the grant shall meet the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(3) Compliance with ferpa.--Section 444 of the General Education Provisions Act (commonly known as the `Family Educational Rights and Privacy Act of 1974') shall apply to any entity that is a member of the partnership in the same manner that such section applies to an educational agency or institution (as that term is defined in such section). ``(d) Geographical Distribution.--The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. ``(e) Duration of Awards.--With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 5 years, with options for renewal. ``(f) Evaluation and Measures of Outcomes.-- ``(1) Development of process.--The Assistant Secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include-- ``(A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; ``(B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and ``(C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. ``(2) Measures of outcomes.--The Assistant Secretary shall develop measures of outcomes to be applied by recipients of assistance under this section to evaluate the effectiveness of programs carried out under this section, including outcomes related to the student, family, and local educational systems supported by this Act. ``(3) Submission of annual data.--An eligible entity described in subsection (c) that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Assistant Secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. ``(4) Evaluation by assistant secretary.--Based on the data submitted under paragraph (3), the Assistant Secretary shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. ``(5) Limitation.--An eligible entity shall use not more than 20 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. ``(g) Information and Education.--The Secretary shall disseminate best practices based on the findings of the knowledge development and application under this section. ``(h) Amount of Grants and Authorization of Appropriations.-- ``(1) Amount of grants.--A grant under this section shall be in an amount that is not more than $2,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2021. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this section, $130,000,000 for each of fiscal years 2022 through 2025.''. (c) Conforming Amendment.--Part G of title V of the Public Health Service Act (42 U.S.C. 290hh et seq.), as amended by subsection (b), is further amended by striking the part designation and heading and inserting the following: ``PART G--SCHOOL-BASED MENTAL HEALTH''. Passed the House of Representatives May 12, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 721 _______________________________________________________________________ AN ACT To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs.
H.R. 721 (Introduced in House) - Mental Health Services for Students Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr721ih/html/BILLS-117hr721ih.htm	DOC 117th CONGRESS 1st Session H. R. 721 To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mrs. Napolitano (for herself, Mr. Katko, Mr. Lowenthal, Ms. Titus, Mrs. Hayes, Ms. Dean, Mr. Moulton, Ms. Moore of Wisconsin, Ms. Kaptur, Mr. Sablan, Miss Rice of New York, Mr. Price of North Carolina, Mr. Deutch, Mr. Cardenas, Mr. Connolly, Ms. Matsui, Mr. Ryan, Mr. O'Halleran, Mr. Van Drew, Mr. Payne, Ms. Scanlon, Mr. Raskin, Mrs. Lawrence, Ms. Brownley, Mrs. Kirkpatrick, Ms. Clarke of New York, Mr. Crow, Ms. Porter, Mr. Blumenauer, Ms. Wilson of Florida, Mrs. Watson Coleman, Mr. Lieu, Ms. Sanchez, Mr. Grijalva, Mr. Cohen, Mrs. Torres of California, Ms. Wild, Ms. Houlahan, Mr. Trone, Ms. Blunt Rochester, Mr. Panetta, Mr. Carbajal, Mr. Casten, Mr. McNerney, Ms. Lee of California, Mr. Sires, Mr. Khanna, Mr. Cicilline, Mr. Levin of California, Mr. DeSaulnier, Ms. Chu, Mr. Mast, Mr. Gomez, Ms. Kelly of Illinois, Ms. Johnson of Texas, Ms. Roybal-Allard, Mr. Fitzpatrick, Ms. Barragan, Ms. Pressley, Mr. Schiff, Mr. Gallego, Mr. Pocan, and Mr. Hastings) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Services for Students Act of 2021''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Technical Amendments.--The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act (42 U.S.C. 290kk et seq.) is amended-- (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based Mental Health and Children.--Section 581 of the Public Health Service Act (42 U.S.C. 290hh) (relating to children and violence) is amended to read as follows: ``SEC. 581. SCHOOL-BASED MENTAL HEALTH; CHILDREN AND ADOLESCENTS. ``(a) In General.--The Secretary, in consultation with the Secretary of Education, shall, through grants, contracts, or cooperative agreements awarded to eligible entities described in subsection (c), provide comprehensive school-based mental health services and supports to assist children in local communities and schools (including schools funded by the Bureau of Indian Education) dealing with traumatic experiences, grief, bereavement, risk of suicide, and violence. Such services and supports shall be-- ``(1) developmentally, linguistically, and culturally appropriate; ``(2) trauma-informed; and ``(3) incorporate positive behavioral interventions and supports. ``(b) Activities.--Grants, contracts, or cooperative agreements awarded under subsection (a), shall, as appropriate, be used for-- ``(1) implementation of school and community-based mental health programs that-- ``(A) build awareness of individual trauma and the intergenerational, continuum of impacts of trauma on populations; ``(B) train appropriate staff to identify, and screen for, signs of trauma exposure, mental health disorders, or risk of suicide; and ``(C) incorporate positive behavioral interventions, family engagement, student treatment, and multigenerational supports to foster the health and development of children, prevent mental health disorders, and ameliorate the impact of trauma; ``(2) technical assistance to local communities with respect to the development of programs described in paragraph (1); ``(3) facilitating community partnerships among families, students, law enforcement agencies, education agencies, mental health and substance use disorder service systems, family-based mental health service systems, child welfare agencies, health care providers (including primary care physicians, mental health professionals, and other professionals who specialize in children's mental health such as child and adolescent psychiatrists), institutions of higher education, faith-based programs, trauma networks, and other community-based systems to address child and adolescent trauma, mental health issues, and violence; and ``(4) establishing mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. ``(c) Requirements.-- ``(1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall be a partnership that includes-- ``(A) a State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, in coordination with one or more local educational agencies, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or a consortium of any entities described in subparagraph (B), (C), (D), or (E) of section 8101(30) of such Act; and ``(B) at least 1 community-based mental health provider, including a public or private mental health entity, health care entity, family-based mental health entity, trauma network, or other community-based entity, as determined by the Secretary (and which may include additional entities such as a human services agency, law enforcement or juvenile justice entity, child welfare agency, agency, an institution of higher education, or another entity, as determined by the Secretary). ``(2) Compliance with hipaa.--Any patient records developed by covered entities through activities under the grant shall meet the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(3) Compliance with ferpa.--Section 444 of the General Education Provisions Act (commonly known as the `Family Educational Rights and Privacy Act of 1974') shall apply to any entity that is a member of the partnership in the same manner that such section applies to an educational agency or institution (as that term is defined in such section). ``(d) Geographical Distribution.--The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. ``(e) Duration of Awards.--With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 5 years, with options for renewal. ``(f) Evaluation and Measures of Outcomes.-- ``(1) Development of process.--The Assistant Secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include-- ``(A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; ``(B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and ``(C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. ``(2) Measures of outcomes.--The Assistant Secretary shall develop measures of outcomes to be applied by recipients of assistance under this section to evaluate the effectiveness of programs carried out under this section, including outcomes related to the student, family, and local educational systems supported by this Act. ``(3) Submission of annual data.--An eligible entity described in subsection (c) that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Assistant Secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. ``(4) Evaluation by assistant secretary.--Based on the data submitted under paragraph (3), the Assistant Secretary shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. ``(5) Limitation.--An eligible entity shall use not more than 20 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. ``(g) Information and Education.--The Secretary shall disseminate best practices based on the findings of the knowledge development and application under this section. ``(h) Amount of Grants and Authorization of Appropriations.-- ``(1) Amount of grants.--A grant under this section shall be in an amount that is not more than $2,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2021. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2022 through 2025.''. (c) Conforming Amendment.--Part G of title V of the Public Health Service Act (42 U.S.C. 290hh et seq.), as amended by subsection (b), is further amended by striking the part designation and heading and inserting the following: ``PART G--SCHOOL-BASED MENTAL HEALTH''. all
H.R. 721 (Referred in Senate) - Mental Health Services for Students Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr721rfs/html/BILLS-117hr721rfs.htm	DOC 117th CONGRESS 1st Session H. R. 721 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ AN ACT To amend the Public Health Service Act to revise and extend projects relating to children and to provide access to school-based comprehensive mental health programs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Mental Health Services for Students Act of 2021''. SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT. (a) Technical Amendments.--The second part G (relating to services provided through religious organizations) of title V of the Public Health Service Act (42 U.S.C. 290kk et seq.) is amended-- (1) by redesignating such part as part J; and (2) by redesignating sections 581 through 584 as sections 596 through 596C, respectively. (b) School-Based Mental Health and Children.--Section 581 of the Public Health Service Act (42 U.S.C. 290hh) (relating to children and violence) is amended to read as follows: ``SEC. 581. SCHOOL-BASED MENTAL HEALTH; CHILDREN AND ADOLESCENTS. ``(a) In General.--The Secretary, in consultation with the Secretary of Education, shall, through grants, contracts, or cooperative agreements awarded to eligible entities described in subsection (c), provide comprehensive school-based mental health services and supports to assist children in local communities and schools (including schools funded by the Bureau of Indian Education) dealing with traumatic experiences, grief, bereavement, risk of suicide, and violence. Such services and supports shall be-- ``(1) developmentally, linguistically, and culturally appropriate; ``(2) trauma-informed; and ``(3) incorporate positive behavioral interventions and supports. ``(b) Activities.--Grants, contracts, or cooperative agreements awarded under subsection (a), shall, as appropriate, be used for-- ``(1) implementation of school and community-based mental health programs that-- ``(A) build awareness of individual trauma and the intergenerational, continuum of impacts of trauma on populations; ``(B) train appropriate staff to identify, and screen for, signs of trauma exposure, mental health disorders, or risk of suicide; and ``(C) incorporate positive behavioral interventions, family engagement, student treatment, and multigenerational supports to foster the health and development of children, prevent mental health disorders, and ameliorate the impact of trauma; ``(2) technical assistance to local communities with respect to the development of programs described in paragraph (1); ``(3) facilitating community partnerships among families, students, law enforcement agencies, education agencies, mental health and substance use disorder service systems, family-based mental health service systems, child welfare agencies, health care providers (including primary care physicians, mental health professionals, and other professionals who specialize in children's mental health such as child and adolescent psychiatrists), institutions of higher education, faith-based programs, trauma networks, and other community-based systems to address child and adolescent trauma, mental health issues, and violence; and ``(4) establishing mechanisms for children and adolescents to report incidents of violence or plans by other children, adolescents, or adults to commit violence. ``(c) Requirements.-- ``(1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall be a partnership that includes-- ``(A) a State educational agency, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, in coordination with one or more local educational agencies, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or a consortium of any entities described in subparagraph (B), (C), (D), or (E) of section 8101(30) of such Act; and ``(B) at least 1 community-based mental health provider, including a public or private mental health entity, health care entity, family-based mental health entity, trauma network, or other community-based entity, as determined by the Secretary (and which may include additional entities such as a human services agency, law enforcement or juvenile justice entity, child welfare agency, agency, an institution of higher education, or another entity, as determined by the Secretary). ``(2) Compliance with hipaa.--Any patient records developed by covered entities through activities under the grant shall meet the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(3) Compliance with ferpa.--Section 444 of the General Education Provisions Act (commonly known as the `Family Educational Rights and Privacy Act of 1974') shall apply to any entity that is a member of the partnership in the same manner that such section applies to an educational agency or institution (as that term is defined in such section). ``(d) Geographical Distribution.--The Secretary shall ensure that grants, contracts, or cooperative agreements under subsection (a) will be distributed equitably among the regions of the country and among urban and rural areas. ``(e) Duration of Awards.--With respect to a grant, contract, or cooperative agreement under subsection (a), the period during which payments under such an award will be made to the recipient shall be 5 years, with options for renewal. ``(f) Evaluation and Measures of Outcomes.-- ``(1) Development of process.--The Assistant Secretary shall develop a fiscally appropriate process for evaluating activities carried out under this section. Such process shall include-- ``(A) the development of guidelines for the submission of program data by grant, contract, or cooperative agreement recipients; ``(B) the development of measures of outcomes (in accordance with paragraph (2)) to be applied by such recipients in evaluating programs carried out under this section; and ``(C) the submission of annual reports by such recipients concerning the effectiveness of programs carried out under this section. ``(2) Measures of outcomes.--The Assistant Secretary shall develop measures of outcomes to be applied by recipients of assistance under this section to evaluate the effectiveness of programs carried out under this section, including outcomes related to the student, family, and local educational systems supported by this Act. ``(3) Submission of annual data.--An eligible entity described in subsection (c) that receives a grant, contract, or cooperative agreement under this section shall annually submit to the Assistant Secretary a report that includes data to evaluate the success of the program carried out by the entity based on whether such program is achieving the purposes of the program. Such reports shall utilize the measures of outcomes under paragraph (2) in a reasonable manner to demonstrate the progress of the program in achieving such purposes. ``(4) Evaluation by assistant secretary.--Based on the data submitted under paragraph (3), the Assistant Secretary shall annually submit to Congress a report concerning the results and effectiveness of the programs carried out with assistance received under this section. ``(5) Limitation.--An eligible entity shall use not more than 20 percent of amounts received under a grant under this section to carry out evaluation activities under this subsection. ``(g) Information and Education.--The Secretary shall disseminate best practices based on the findings of the knowledge development and application under this section. ``(h) Amount of Grants and Authorization of Appropriations.-- ``(1) Amount of grants.--A grant under this section shall be in an amount that is not more than $2,000,000 for each of the first 5 fiscal years following the date of enactment of the Mental Health Services for Students Act of 2021. The Secretary shall determine the amount of each such grant based on the population of children up to age 21 of the area to be served under the grant. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this section, $130,000,000 for each of fiscal years 2022 through 2025.''. (c) Conforming Amendment.--Part G of title V of the Public Health Service Act (42 U.S.C. 290hh et seq.), as amended by subsection (b), is further amended by striking the part designation and heading and inserting the following: ``PART G--SCHOOL-BASED MENTAL HEALTH''. Passed the House of Representatives May 12, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 722 (Introduced in House) - Ensuring Vaccination and Treatment Affordability Act	https://www.govinfo.gov/content/pkg/BILLS-117hr722ih/html/BILLS-117hr722ih.htm	DOC 117th CONGRESS 1st Session H. R. 722 To amend titles XIX and XXI of the Social Security Act to require coverage under the Medicaid program and Children's Health Insurance Program for vaccines and treatment for COVID-19 without the imposition of cost sharing requirements, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Pappas introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend titles XIX and XXI of the Social Security Act to require coverage under the Medicaid program and Children's Health Insurance Program for vaccines and treatment for COVID-19 without the imposition of cost sharing requirements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Vaccination and Treatment Affordability Act''. SEC. 2. COVERAGE AT NO COST SHARING OF COVID-19 VACCINE AND TREATMENT. (a) Medicaid.-- (1) In general.--Section 1905(a)(4) of the Social Security Act (42 U.S.C. 1396d(a)(4)) is amended-- (A) by striking ``and (D)'' and inserting ``(D)''; and (B) by striking the semicolon at the end and inserting ``; (E) a COVID-19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine; and (F) items and services furnished for the treatment of COVID-19 or a condition that may complicate the treatment of COVID- 19;''. (2) Prohibition of cost sharing.-- (A) In general.--Subsections (a)(2) and (b)(2) of section 1916 of the Social Security Act (42 U.S.C. 1396o) are each amended-- (i) in subparagraph (F), by striking ``or'' at the end; (ii) in subparagraph (G), by striking ``; and'' and inserting ``, or''; and (iii) by adding at the end the following subparagraphs: ``(H) a COVID-19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine, or ``(I) any item or service furnished for the treatment of COVID-19 or a condition that may complicate the treatment of COVID-19; and''. (B) Application to alternative cost sharing.-- Section 1916A(b)(3)(B) of the Social Security Act (42 U.S.C. 1396o-1(b)(3)(B)) is amended-- (i) in clause (xi), by striking ``any visit'' and inserting ``any service''; and (ii) by adding at the end the following clauses: ``(xii) A COVID-19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine. ``(xiii) An item or service furnished for the treatment of COVID-19 or a condition that may complicate the treatment of COVID-19.''. (C) Clarification.--The amendments made this subsection shall apply with respect to a State plan of a territory in the same manner as a State plan of one of the 50 States. (b) State Pediatric Vaccine Distribution Program.--Section 1928 of the Social Security Act (42 U.S.C. 1396s) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (A), by striking ``; and'' and inserting a semicolon; (B) in subparagraph (B), by striking the period and inserting ``; and''; and (C) by adding at the end the following subparagraph: ``(C) each vaccine-eligible child (as defined in subsection (b)) is entitled to receive a COVID-19 vaccine from a program-registered provider (as defined in subsection (h)(8)) without charge for-- ``(i) the cost of such vaccine; or ``(ii) the administration of such vaccine.''; (2) in subsection (c)(2)-- (A) in subparagraph (C)(ii), by inserting ``, but may not impose a fee for the administration of a COVID- 19 vaccine'' before the period; and (B) by adding at the end the following subparagraph: ``(D) The provider will provide and administer an approved COVID-19 vaccine to a vaccine-eligible child in accordance with the same requirements as apply under the preceding subparagraphs to the provision and administration of a qualified pediatric vaccine to such a child.''; and (3) in subsection (d)(1), in the first sentence, by inserting ``, including with respect to a COVID-19 vaccine licensed under section 351 of the Public Health Service Act'' before the period. (c) CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following paragraph: ``(11) Coverage of covid-19 vaccines and treatment.--The child health assistance provided to a targeted low-income child shall include coverage of-- ``(A) any COVID-19 vaccine licensed under section 351 of the Public Health Service Act and the administration of such vaccine; and ``(B) any item or service furnished for the treatment of COVID-19 or a condition that may complicate the treatment of COVID-19.''. (2) Prohibition of cost sharing.--Section 2103(e)(2) of the Social Security Act (42 U.S.C. 1397cc(e)(2)), as amended by section 6004(b)(3) of the Families First Coronavirus Response Act, is amended-- (A) in the paragraph header, by inserting ``a covid-19 vaccine, covid-19 treatment,'' before ``or pregnancy-related assistance''; and (B) by striking ``visits described in section 1916(a)(2)(G), or'' and inserting ``services described in section 1916(a)(2)(G), vaccines described in section 1916(a)(2)(H), items or services described in section 1916(a)(2)(I), or''. (d) Conforming Amendments.--Section 1937 of the Social Security Act (42 U.S.C. 1396u-7) is amended-- (1) in subsection (a)(1)(B), by inserting ``, under subclause (XXIII) of section 1902(a)(10)(A)(ii),'' after ``section 1902(a)(10)(A)(i)''; and (2) in subsection (b)(5), by adding before the period the following: ``, and, effective on the date of the enactment of the Ensuring Vaccination and Treatment Affordability Act, must comply with subparagraphs (F) through (I) of subsections (a)(2) and (b)(2) of sections 1916 and 1916A''. (e) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to a COVID-19 vaccine beginning on the date that such vaccine is licensed under section 351 of the Public Health Service Act (42 U.S.C. 262). all
H.R. 723 (Introduced in House) - Reducing Fraud in Unemployment Assistance Act	https://www.govinfo.gov/content/pkg/BILLS-117hr723ih/html/BILLS-117hr723ih.htm	DOC 117th CONGRESS 1st Session H. R. 723 To amend title III of the Social Security Act to require States to compare information regarding Federal inmates for purposes of combating fraud in unemployment compensation, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Posey introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend title III of the Social Security Act to require States to compare information regarding Federal inmates for purposes of combating fraud in unemployment compensation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Fraud in Unemployment Assistance Act''. SEC. 2. INFORMATION SHARING REQUIREMENT. (a) In General.--Section 303 of the Social Security Act (42 U.S.C. 503) is amended by adding at the end the following: ``(n) For purposes of subsection (a), the unemployment compensation law of a State must provide that the State agency charged with the administration of the State law shall-- ``(1) enter into an agreement with the Attorney General under which the list of individuals receiving unemployment compensation under the State law shall be regularly compared with a list of each prisoner in Federal custody at a Federal correction facility within that State; ``(2) establish a regular comparison of such list of individuals with a list of each prisoner in the custody of that State at a correctional facility in that State; and ``(3) use the results of each such comparison to investigate and prosecute fraud, waste, and abuse of unemployment compensation under the State law.''. (b) Recovery of Overpayments by Treasury.-- (1) Pandemic unemployment assistance.--Section 2102(f)(2)(A) of the CARES Act (15 U.S.C. 9021(f)(2)(A)) is amended by inserting ``, less any overpayments of assistance recovered by the State'' after ``agreement''. (2) Federal pandemic unemployment compensation.--Section 2104(d)(1)(A)(i) of such Act (15 U.S.C. 9023(d)(1)(A)(i)) is amended by inserting ``, less any overpayments of Federal Pandemic Unemployment Compensation recovered by the State'' after ``agreement''. all
H.R. 724 (Introduced in House) - Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr724ih/html/BILLS-117hr724ih.htm	DOC 117th CONGRESS 1st Session H. R. 724 To amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Roy introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for reciprocal marketing approval of certain drugs, biological products, and devices that are authorized to be lawfully marketed abroad, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reciprocity Ensures Streamlined Use of Lifesaving Treatments Act of 2021''. SEC. 2. RECIPROCAL MARKETING APPROVAL FOR CERTAIN DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES. The Federal Food, Drug, and Cosmetic Act is amended by inserting after section 524A of such Act (21 U.S.C. 360n-1) the following: ``SEC. 524B. RECIPROCAL MARKETING APPROVAL. ``(a) In General.--A covered product with reciprocal marketing approval in effect under this section is deemed to be subject to an application or premarket notification for which an approval or clearance is in effect under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(b) Eligibility.--The Secretary shall, with respect to a covered product, grant reciprocal marketing approval if-- ``(1) the sponsor of the covered product submits a request for reciprocal marketing approval; and ``(2) the request demonstrates to the Secretary's satisfaction that-- ``(A) the covered product is authorized to be lawfully marketed in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom; ``(B) absent reciprocal marketing approval, the covered product is not approved or cleared for marketing, as described in subsection (a); ``(C) the Secretary has not, because of any concern relating to the safety or effectiveness of the covered product, rescinded or withdrawn any such approval or clearance; ``(D) the authorization to market the covered product in one or more of the countries included in the list under section 802(b)(1) or in the United Kingdom has not, because of any concern relating to the safety or effectiveness of the covered product, been rescinded or withdrawn; ``(E) the covered product is not a banned device under section 516; and ``(F) there is a public health or unmet medical need for the covered product in the United States. ``(c) Safety and Effectiveness.-- ``(1) In general.--The Secretary-- ``(A) may decline to grant reciprocal marketing approval under this section with respect to a covered product if the Secretary affirmatively determines that the covered product-- ``(i) is a drug that is not safe and effective; or ``(ii) is a device for which there is no reasonable assurance of safety and effectiveness; and ``(B) may condition reciprocal marketing approval under this section on the conduct of specified postmarket studies, which may include such studies pursuant to a risk evaluation and mitigation strategy under section 505-1. ``(2) Report to congress.--Upon declining to grant reciprocal marketing approval under this section with respect to a covered product, the Secretary shall-- ``(A) include the denial in a list of such denials for each month; and ``(B) not later than the end of the respective month, submit the list to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ``(d) Request.--A request for reciprocal marketing approval shall-- ``(1) be in such form, be submitted in such manner, and contain such information as the Secretary deems necessary to determine whether the criteria listed in subsection (b)(2) are met; and ``(2) include, with respect to each country included in the list under section 802(b)(1) where the covered product is authorized to be lawfully marketed, as described in subsection (b)(2)(A), an English translation of the dossier issued by such country to authorize such marketing. ``(e) Timing.--The Secretary shall issue an order granting, or declining to grant, reciprocal marketing approval with respect to a covered product not later than 30 days after the Secretary's receipt of a request under subsection (b)(1) for the product. An order issued under this subsection shall take effect subject to Congressional disapproval under subsection (g). ``(f) Labeling; Device Classification.--During the 30-day period described in subsection (e)-- ``(1) the Secretary and the sponsor of the covered product shall expeditiously negotiate and finalize the form and content of the labeling for a covered product for which reciprocal marketing approval is to be granted; and ``(2) in the case of a device for which reciprocal marketing approval is to be granted, the Secretary shall-- ``(A) classify the device pursuant to section 513; and ``(B) determine whether, absent reciprocal marketing approval, the device would need to be cleared pursuant to section 510(k) or approved pursuant to section 515 to be lawfully marketed under this Act. ``(g) Congressional Disapproval of FDA Orders.-- ``(1) In general.--A decision of the Secretary to decline to grant reciprocal marketing approval under this section shall not take effect if a joint resolution of disapproval of the decision is enacted. ``(2) Procedure.-- ``(A) In general.--Subject to subparagraph (B), the procedures described in subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to the consideration of a joint resolution under this subsection. ``(B) Terms.--For purposes of this subsection-- ``(i) the reference to `section 801(a)(1)' in section 802(b)(2)(A) of title 5, United States Code, shall be considered to refer to subsection (c)(2); and ``(ii) the reference to `section 801(a)(1)(A)' in section 802(e)(2) of title 5, United States Code, shall be considered to refer to subsection (c)(2). ``(3) Effect of congressional disapproval.--Reciprocal marketing approval under this section with respect to the applicable covered product shall take effect upon enactment of a joint resolution of disapproval under this subsection. ``(h) Applicability of Relevant Provisions.--The provisions of this Act shall apply with respect to a covered product for which reciprocal marketing approval is in effect to the same extent and in the same manner as such provisions apply with respect to a product for which approval or clearance of an application or premarket notification under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable, is in effect. ``(i) Fees for Request.--For purposes of imposing fees under chapter VII, a request for reciprocal marketing approval under this section shall be treated as an application or premarket notification for approval or clearance under section 505(c), 510(k), or 515 of this Act or section 351(a) of the Public Health Service Act, as applicable. ``(j) Outreach.--The Secretary shall conduct an outreach campaign to encourage the sponsors of covered products that are potentially eligible for reciprocal marketing approval to request such approval. ``(k) Covered Product Defined.--In this section, the term `covered product' means a drug, biological product, or device.''. all
H.R. 725 (Introduced in House) - Personalized Care Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr725ih/html/BILLS-117hr725ih.htm	DOC 117th CONGRESS 1st Session H. R. 725 To amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Roy (for himself, Mr. Biggs, Mr. Banks, Mr. Murphy of North Carolina, Mr. Budd, Mr. Green of Tennessee, Mr. Rouzer, Mr. Harris, Mr. Hice of Georgia, Mr. Bishop of North Carolina, Mr. Lamborn, Mr. Keller, Mr. Gaetz, Mr. Meuser, Mr. Curtis, Ms. Van Duyne, Mr. Gibbs, Mr. Sessions, and Mr. Tiffany) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to expand and improve health savings accounts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Personalized Care Act of 2021''. SEC. 2. HEALTH SAVINGS ACCOUNT ELIGIBILITY. (a) In General.--Paragraph (1) of section 223(c) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Eligible individual.--The term `eligible individual' means, with respect to any month, any individual if such individual is-- ``(A) covered under-- ``(i) a group or individual health plan, ``(ii) health insurance coverage, including a short term limited duration plan or medical indemnity plan, or ``(iii) a government plan, including coverage under the Medicare program under part A or part B of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, the CHIP program under title XXI of such Act or a qualified CHIP look-alike program (as defined in section 2107(g) of such Act), medical coverage under chapter 55 of title 10, United States Code (including coverage under the TRICARE program), a health care program under chapter 17 or 18 of title 38, United States Code, as determined by the Secretary of Veterans Affairs in coordination with the Secretary of Health and Human Services and the Secretary, a medical care program of the Indian Health Service or a tribal organization, or coverage under chapter 89 of title 5, United States Code, or ``(B) a participant in a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)), as of the 1st day of such month.''. (b) Conforming Amendments.-- (1) Subsection (c) of section 223 of such Code is amended by striking paragraphs (2) and (3) and by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (2) Paragraphs (2)(A) and (2)(B) of section 223(b) of such Code are each amended by striking ``a high deductible health plan'' and inserting ``a health plan, insurance, or ministry described in subsection (c)(1)''. (3) Paragraph (8)(A)(ii) of section 223(b) of such Code is amended by striking ``high deductible health plan'' and inserting ``health plan, insurance, or ministry described in subsection (c)(1)''. (4) Section 223(g)(1) of such Code is amended-- (A) by striking ``subsections (b)(2) and (c)(2)(A)'' both places it appears and inserting ``subsection (b)(2)'', and (B) by striking ``for `calendar year 2016''' in subparagraph (B) and all that follows through ```calendar year 2003'.'' and inserting ```calendar year 1997' for `calendar year 2016' in subparagraph (A)(ii) thereof.''. (5) The heading of subparagraph (B) of section 223(b)(8) of such Code is amended by striking ``high deductible health plan''. (6) Section 26(b)(2)(S) of such Code is amended by striking ``high deductible health plan''. (7) The heading of paragraph (3) of section 106(e) of such Code is amended by striking ``high deductible health plan''. (8) Clause (ii) of section 106(e)(5)(B) of such Code is amended by striking ``a high deductible health plan'' and inserting ``a health plan''. (9) Paragraph (9) of section 408(d) of such Code is amended-- (A) by striking ``the high deductible health plan covering'' in subparagraph (C)(i)(I) and inserting ``health plan, insurance, or ministry of'', (B) by striking ``a high deductible health plan'' the first place it appears in subparagraph (C)(ii)(II) and inserting ``a health plan, insurance, or ministry described in section 223(c)(1)'', (C) by striking ``a high deductible health plan'' the second place it appears in subparagraph (C)(ii)(II) and inserting ``any such plan, insurance, or ministry'', and (D) by striking ``high deductible health plan'' in the heading of subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 3. INCREASE IN HSA CONTRIBUTION LIMITS. (a) In General.--Paragraph (2) of section 223(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``$2,250'' in subparagraph (A) and inserting ``$10,800'', and (2) by striking ``$4,500'' in subparagraph (B) and inserting ``$29,500''. (b) Cost-Of-Living Adjustment.--Paragraph (1) of section 223(g) of the Internal Revenue Code of 1986, as amended by section 2, is amended-- (1) by striking ``Each'' and inserting ``In the case of a taxable year beginning after 2021, each'', and (2) by striking ``calendar year 1997'' and inserting ``calendar year 2020''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 4. PAYMENT OF HEALTH PLAN AND HEALTH INSURANCE PREMIUMS FROM HSA. (a) In General.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking subparagraph (B), (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively, (3) by striking ``Subparagraph (B) shall not apply to any expense for coverage under'' in subparagraph (B), as so redesignated, and inserting ``Subparagraph (A) shall not apply to any payment for insurance other than'', and (4) in subparagraph (B), as so redesignated-- (A) by striking ``or'' at the end of clause (iii), (B) by striking the period at the end of clause (iv) and inserting ``, or'', and (C) by adding at the end the following new clause: ``(v) a health plan or health insurance coverage described in subsection (c)(1)(A).''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 5. TREATMENT OF MEDICAL CARE SERVICE ARRANGEMENTS. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by section 4, is further amended by adding at the end the following new subparagraph: ``(D) Inclusion of medical care service arrangements.--The term `qualified medical expenses' shall include-- ``(i) periodic fees paid to a physician for a defined set of medical services or for the right to receive medical services on an as- needed basis, and ``(ii) amounts prepaid for medical services designed to screen for, diagnose, cure, mitigate, treat, or prevent disease and promote wellness.''. (b) Arrangement Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by section 2(b), is further amended by adding at the end the following new paragraph: ``(4) Treatment of medical care service arrangements.--An arrangement under which an individual is provided medical services in exchange for a fixed periodic fee or payment for such services shall not be treated as a health plan, insurance, or arrangement described in paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 6. PERIODIC PROVIDER FEES TREATED AS MEDICAL CARE. (a) In General.--Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(12) Periodic provider fees.--Periodic fees paid for a defined set of medical services provided on an as-needed basis shall be treated as amounts paid for medical care.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2020. SEC. 7. RESTORING LOWER PENALTY FOR NONQUALIFIED DISTRIBUTIONS. (a) In General.--Section 223(e)(4)(A) of the Internal Revenue Code of 1986 is amended by striking ``20 percent'' and inserting ``10 percent''. (b) Effective Date.--The amendments made by this section shall apply to distributions made in taxable years beginning after December 31, 2020. SEC. 8. TREATMENT OF HEALTH CARE SHARING MINISTRIES. (a) Inclusion as Medical Expenses.--Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986, as amended by sections 4 and 5, is further amended by adding at the end the following new subparagraph: ``(E) Inclusion of health care sharing ministries.--The term `qualified medical expenses' shall include amounts paid by a member of a health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) for-- ``(i) the sharing of medical expenses among members, and ``(ii) administrative fees of the ministry.''. (b) Health Care Sharing Ministry Not To Be Treated as Health Insurance.--Subsection (c) of section 223 of the Internal Revenue Code of 1986, as amended by sections 2 and 5, is further amended by adding at the end the following new paragraph: ``(5) Treatment of health care sharing ministries.--A health care sharing ministry (as defined in section 5000A(d)(2)(B)(ii)) shall not be treated as a health plan or insurance for purposes of this title.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2020. all
H.R. 726 (Introduced in House) - COVID–19 Testing, Reaching, And Contacting Everyone (TRACE) Act	https://www.govinfo.gov/content/pkg/BILLS-117hr726ih/html/BILLS-117hr726ih.htm	DOC 117th CONGRESS 1st Session H. R. 726 To authorize the Secretary of Health and Human Services to award grants to eligible entities to conduct diagnostic testing for COVID-19, and related activities such as contact tracing, through mobile health units and, as necessary, at individuals' residences, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Rush (for himself, Ms. Barragan, Mr. Beyer, Mr. Butterfield, Mr. Carson, Ms. Chu, Mr. Cicilline, Mr. Cohen, Mr. Connolly, Mr. Danny K. Davis of Illinois, Ms. Dean, Ms. DeGette, Mrs. Demings, Mr. Deutch, Mr. Michael F. Doyle of Pennsylvania, Mr. Evans, Mr. Garcia of Illinois, Mr. Grijalva, Mrs. Hayes, Ms. Jackson Lee, Ms. Kaptur, Mr. Khanna, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Lynch, Ms. McCollum, Ms. Meng, Ms. Moore of Wisconsin, Mr. Morelle, Mrs. Napolitano, Mr. Payne, Ms. Scanlon, Mr. Sires, Mr. Thompson of Mississippi, and Ms. Wasserman Schultz) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To authorize the Secretary of Health and Human Services to award grants to eligible entities to conduct diagnostic testing for COVID-19, and related activities such as contact tracing, through mobile health units and, as necessary, at individuals' residences, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``COVID-19 Testing, Reaching, And Contacting Everyone (TRACE) Act''. SEC. 2. COVID-19 TESTING AND CONTACT TRACING USING MOBILE HEALTH UNITS. (a) In General.--The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may award grants to eligible entities to conduct diagnostic testing for COVID-19, to trace and monitor the contacts of infected individuals, and to support the quarantine of such contacts, through-- (1) mobile health units; and (2) as necessary, testing individuals and providing individuals with services related to testing and quarantine at their residences. (b) Permissible Uses of Funds.--A grant recipient under this section may use the grant funds, in support of the activities described in subsection (a)-- (1) to hire, train, compensate, and pay the expenses of individuals; and (2) to purchase personal protective equipment and other supplies. (c) Priority.--In selecting grant recipients under this section, the Secretary shall give priority to-- (1) applicants proposing to conduct activities funded under this section in hot spots and medically underserved communities; and (2) applicants that agree, in hiring individuals to carry out activities funded under this section, to hire residents of the area or community where the activities will primarily occur, with higher priority among applicants described in this paragraph given based on the percentage of individuals to be hired from such area or community. (d) Distribution.--In selecting grant recipients under this section, the Secretary shall ensure that grants are distributed across urban and rural areas. (e) Federal Privacy Requirements.--Nothing in this section shall be construed to supersede any Federal privacy or confidentiality requirement, including the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191; 110 Stat. 2033) and section 543 of the Public Health Service Act (42 U.S.C. 290dd-2). (f) Definitions.--In this section: (1) The term ``eligible entity'' means-- (A) a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa))); (B) a school-based health clinic; (C) a disproportionate share hospital (as defined under the applicable State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) pursuant to section 1923(a)(1)(A) of such Act (42 U.S.C. 1396r- 4)); (D) an academic medical center; (E) a nonprofit organization (including any such faith-based organization); (F) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (G) a high school (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or (H) any other type of entity that is determined by the Secretary to be an eligible entity for purposes of this section. (2) The term ``emergency period'' has the meaning given to that term in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)). (3) The term ``hot spot'' means a geographic area where the rate of infection with the virus that causes COVID-19 exceeds the national average. (4) The term ``medically underserved community'' has the meaning given to that term in section 799B of the Public Health Service Act (42 U.S.C. 295p). (5) The term ``Secretary'' means the Secretary of Health and Human Services. (g) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated-- (1) $100,000,000,000 for fiscal year 2021; and (2) such sums as may be necessary for each of fiscal year 2022 and any subsequent fiscal year during which the emergency period continues. all
H.R. 727 (Introduced in House) - Facilitating Virtual Visitation for Nursing Home Residents Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr727ih/html/BILLS-117hr727ih.htm	DOC 117th CONGRESS 1st Session H. R. 727 To amend title XVIII of the Social Security Act to ensure communications accessibility for residents of skilled nursing facilities during the COVID-19 emergency period. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Sanchez introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to ensure communications accessibility for residents of skilled nursing facilities during the COVID-19 emergency period. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating Virtual Visitation for Nursing Home Residents Act of 2021''. SEC. 2. ENSURING COMMUNICATIONS ACCESSIBILITY FOR RESIDENTS OF SKILLED NURSING FACILITIES DURING THE COVID-19 EMERGENCY PERIOD. (a) In General.--Section 1819(c)(3) of the Social Security Act (42 U.S.C. 1395i-3(c)(3)) is amended-- (1) in subparagraph (D), by striking ``and'' at the end; (2) in subparagraph (E), by striking the period and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(F) provide for reasonable access to the use of a telephone, including TTY and TDD services (as defined for purposes of section 483.10 of title 42, Code of Federal Regulations (or a successor regulation)), and the internet (to the extent available to the facility) and inform each such resident (or a representative of such resident) of such access and any changes in policies or procedures of such facility relating to limitations on external visitors.''. (b) COVID-19 Provisions.-- (1) Guidance.--Not later than 15 days after the date of the enactment of this Act, the Secretary of Health and Human Service shall issue guidance on steps skilled nursing facilities may take to ensure residents have access to televisitation during the emergency period defined in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b- 5(g)(1)(B)). Such guidance shall include information on how such facilities will notify residents of such facilities, representatives of such residents, and relatives of such residents of the rights of such residents to such televisitation, and ensure timely and equitable access to such televisitation. (2) Review of facilities.--The Secretary of Health and Human Services shall take such steps as determined appropriate by the Secretary to ensure that residents of skilled nursing facilities and relatives of such residents are made aware of the access rights described in section 1819(c)(3)(F) of the Social Security Act (42 U.S.C. 1395i-3(c)(3)(F)). all
H.R. 728 (Introduced in House) - Pandemic Emergency Manufacturing Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr728ih/html/BILLS-117hr728ih.htm	DOC 117th CONGRESS 1st Session H. R. 728 To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Schakowsky introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to establish an Emergency Office of Manufacturing for Public Health, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pandemic Emergency Manufacturing Act of 2021''. SEC. 2. PUBLIC MANUFACTURING OF PHARMACEUTICALS. Part A of title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``SEC. 310B. MANUFACTURING OF DRUGS, BIOLOGICAL PRODUCTS, DEVICES, AND PERSONAL PROTECTIVE EQUIPMENT. ``(a) Emergency Office of Manufacturing for Public Health.-- ``(1) Establishment.--There is established within the Department of Health and Human Services an office to be known as the Emergency Office of Manufacturing for Public Health (referred to in this section as the `Office'). ``(2) Purpose.--The purposes of the Office are-- ``(A) to ensure an adequate supply of, and increase access to, prescription drugs, biological products, devices, and other supplies, including personal protective equipment, necessary to, as appropriate, diagnose, mitigate, prevent, or treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause for the strategic national stockpile under section 319F-2, Federal, State, local, and Native health programs, and the commercial market; ``(B) to address shortages in the strategic national stockpile and commercial market of prescription drugs, biological products, devices, and personal protective equipment used to treat conditions other than COVID-19; and ``(C) to provide prescription drugs, biological products, devices, and personal protective equipment necessary to diagnose, mitigate, prevent, and treat COVID-19 and to mitigate the harm the COVID-19 pandemic might otherwise cause, to Federal, State, local, and Native health programs, at no cost, and to consumers in the commercial market and other international entities at cost. ``(3) Personnel.-- ``(A) Director.-- ``(i) In general.--The Office shall be headed by a Director, who shall be appointed by the President, not later than 15 days after the date of enactment of the Pandemic Emergency Manufacturing Act of 2021, by and with the advice and consent of the Senate. ``(ii) Acting director.--The Assistant Secretary for Preparedness and Response, if in compliance with subparagraph (C), may serve as Director of the Office in an acting capacity until the later of Senate confirmation of a Director or 3 months after date of enactment of the Pandemic Emergency Manufacturing Act of 2021. ``(iii) Compensation.--The Director shall be compensated at the rate prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. ``(B) Employees.--The Director of the Office, in consultation with the Secretary, may fix the number of, and appoint and direct, all employees of the Office. ``(C) Banned individuals.-- ``(i) Drug company lobbyists.--No former registered drug manufacturer lobbyist-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the date on which the registered lobbyist terminates its registration in accordance with section 4(d) of the Lobbying Disclosure Act of 1995 or the agent terminates its status, as applicable. ``(ii) Senior executives of law-breaking companies.--No former senior executive of a covered entity-- ``(I) may be appointed to the position of Director of the Office; or ``(II) may be employed by the Office during the 6-year period beginning on the later of-- ``(aa) the date of the settlement; and ``(bb) the date on which the enforcement action has concluded. ``(iii) Covered entity.--For purposes of clause (ii), the term `covered entity' means any entity that is-- ``(I) a drug manufacturer; and ``(II)(aa) operating under Federal settlement, including a Federal consent decree; or ``(bb) the subject of an enforcement action in a court of the United States or by an agency. ``(4) Duties.-- ``(A) In general.--The Office shall-- ``(i) prepare and submit applications for approval to the Food and Drug Administration, or enter into contracts for such submission, for the manufacture of applicable COVID-19 products and other applicable drugs, biological products, and devices when authorized under this section; ``(ii) obtain rights to manufacture applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section; ``(iii) manufacture, or enter into contracts with entities to manufacture, applicable COVID-19 products and other applicable drugs, biological products, and devices as authorized under this section; ``(iv) determine a fair price for each applicable drug, biological product, and device, in accordance with subparagraph (B)(ii); ``(v) sell manufactured applicable drugs, biological products, and devices at a fair price, as authorized under this section; ``(vi) provide, at no cost, applicable COVID-19 products to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, as determined by the Secretary; ``(vii) sell, at-cost, applicable COVID-19 products to other commercial entities and international entities, in accordance with subparagraph (B)(i); and ``(viii) manufacture, or enter into contracts with entities to manufacture, active pharmaceutical ingredients for use by the Office or for sale to other entities. ``(B) Pricing determinations.-- ``(i) At-cost price.--In determining an at- cost price for an applicable COVID-19 product under subparagraph (A)(vii) the Office shall consider-- ``(I) the cost to the Federal Government of manufacturing the applicable COVID-19 product; ``(II) the administrative costs of operating the Office; and ``(III) the cost to acquire or manufacture applicable COVID-19 product under this section. ``(ii) Fair price.--In determining a fair price for an applicable drug, biological product, or device under subparagraph (A)(iv) the Office shall consider-- ``(I) the impact of price on patient access to the applicable drug, biological product, or device; ``(II) the cost of the applicable drug, biological product, or device to Federal or State health care programs; ``(III) the cost to the Federal Government of manufacturing the applicable drug, biological product, or device; ``(IV) the administrative costs of operating the Office; ``(V) the cost to acquire or manufacture the applicable drug, biological product, or device under this section; and ``(VI) the impact of price on market competition for the applicable drug, biological product, or device. ``(iii) Transparency.--All prices charged for applicable COVID-19 products and applicable drugs, biological products, or devices shall be made publicly available by the Office. ``(C) Obtaining rights to manufacture and market.-- ``(i) In general.--When necessary to fulfill the Office's duties under this section, the Office shall acquire the rights to manufacture and market applicable COVID-19 products and applicable drugs, biological products, and devices as authorized under this section. ``(ii) Licensing authority.-- ``(I) In general.--Notwithstanding any other provision of law, the Secretary shall issue licenses, as useful for fulfilling the duties under this Act, allowing the Office to practice or have practiced (which may include licensure of retroactive practice) any invention in the United States or territories of the United States, including making, using, offering to sell or selling, importing, or exporting such invention, to reference or rely upon clinical trial data submitted to a regulatory authority or the grant of marketing approval, and to access and use otherwise confidential information, including know-how, related to the manufacture of an applicable COVID-19 product or applicable drug, biological product, or device. ``(II) Non-voluntary licensing.-- For any license that involves a non- voluntary authorization to use patented inventions, regulatory test data, data, know-how or other intellectual property rights, the license shall provide for reasonable remuneration to rights holders such as a reasonable royalty on the sales of product, a 1-time payment, or some combination, provided that the combined royalty payments to all rights holders shall not exceed the percentage of sales that is the average percent of all royalty payments reported to the Internal Revenue Service by companies in the pharmaceutical and medicines sector, North American Industry Classification System code 325410, provided that when products are distributed for free, the royalty shall be based upon the cost of goods. When there are multiple rights holders, the allocation of the total royalty payments shall be determined by-- ``(aa) agreement among the rights holders; ``(bb) allocation by arbitration among the rights holders; or ``(cc) if neither item (aa) nor (bb) applies, by the Office. ``(iii) Transparency.--Subject to clause (iv), the Secretary shall post any contract agreement under subparagraph (A) or license issued under clause (ii) on the public internet website of the Department of Health and Human Services, on the date on which such agreement or license takes effect. ``(iv) Protected information.--In carrying out this section, the Secretary shall enforce applicable law concerning the protection of confidential commercial information and trade secrets. ``(D) Active pharmaceutical ingredients.-- ``(i) In general.--The Office shall manufacture, or enter into contracts with entities to manufacture, an active pharmaceutical ingredient applicable to a drug or biological product that is either an applicable COVID-19 product or an applicable drug or biological product if-- ``(I) the Office determines that such ingredient is not readily available from existing suppliers or the existing supply of such ingredient to the domestic market is vulnerable to disruption; ``(II) the manufacture of such ingredient would improve the ability of other entities to enter the market for the manufacture of applicable COVID-19 products or applicable drugs, biological products, or devices, or otherwise expand the manufacture of applicable COVID-19 products or applicable drugs, biological products, or devices; or ``(III) the manufacture of such ingredient is necessary for the Office to carry out its duties under this section. ``(ii) Price determinations.--In determining the price at which to sell an active pharmaceutical ingredient manufactured in accordance with clause (i), the Office shall consider the cost to manufacture the ingredient, the administrative costs of the Office with respect to the ingredient, and the impact of such price on market competition for the ingredient. ``(E) Priority.--In awarding contracts under this paragraph, the Office shall prioritize entities manufacturing applicable COVID-19 products and applicable drugs, biological products, and devices using components originating and manufactured in the United States. ``(F) Contract requirements.--All contracts issued under this paragraph shall include a requirement that the contract recipients reasonably price products produced under the contract. ``(b) Manufacturing of Products.-- ``(1) In general.--As soon as practicable after the date of enactment of this section, but no later than 1 month after such date of enactment, the Office shall begin-- ``(A) manufacturing, or entering into contracts with entities for the manufacture of applicable COVID- 19 products and applicable drugs, biological products, and devices, prioritizing drugs, biological products, devices or personal protective equipment the manufacture of which would provide the greatest public health impact; and ``(B) constructing, or entering into contracts to construct, manufacturing facilities, including the construction of advanced manufacturing technology, RNA vaccines, DNA vaccines, recombinant protein vaccines, viral vector-based vaccines, live attenuated vaccines, inactivated vaccines, or other therapeutics, after clinical data relating to such products have demonstrated strong positive indications of safety and efficacy, to ensure immediate production at-scale upon Federal approval. ``(2) Submission of applications.--For each applicable COVID-19 product, and for each applicable drug, biological product, or device that the Office determines should be manufactured, as provided for under this section, the Secretary shall-- ``(A) submit an application under subsection (b) or (j) of section 505, or under section 515, of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of this Act or submit a notification under section 510(k) of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit such an application or notification); ``(B) request an emergency use authorization of the product under section 564A of the Federal Food, Drug, and Cosmetic Act (or enter into a contract with another entity to submit an application for such use); or ``(C) obtain from the holder of an application approved under subsection (c) or (j) of section 505 or section 515 of the Federal Food, Drug, and Cosmetic Act or subsection (a) or (k) of section 351 of the Public Health Service Act, or cleared under section 510(k) of the Federal Food, Drug, and Cosmetic Act, rights to manufacture such applicable drug. ``(3) Manufacturing timelines.-- ``(A) Personal protective equipment.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of personal protective equipment, including surgical masks, surgical gowns, face shields, and N95 masks, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(B) COVID-19 diagnostic test materials.--Not later than 1 month after the date of enactment of this section, the Secretary shall begin the public manufacturing of materials necessary for the development of COVID-19 diagnostic tests, including chemical reagents, test swabs, and materials necessary to develop serological COVID-19 tests, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(C) COVID-19 treatment drugs.--As soon as practicable after the date of enactment of this section, the Secretary shall begin the public manufacturing of drugs and biological products in shortage, and any devices used to administer such drugs and biological products, that are used for treatment of severe COVID-19 cases, including albuterol, drugs used to intubate patients, antibiotics, and antivirals, meeting the definition of applicable COVID-19 product and in accordance with this section. ``(4) Priority manufacturing.--The Office shall prioritize the manufacturing of applicable COVID-19 products and applicable drugs, biological products, and devices that would have the greatest impact on-- ``(A) diagnosing, mitigating, preventing, treating, or curing COVID-19; ``(B) limiting the harm the COVID-19 pandemic might otherwise cause to public health and the economy; ``(C) addressing shortages of drugs, biological, products, and devices; ``(D) reducing the cost of combating COVID-19 to Federal, State, local, and Native health programs; and ``(E) alleviating demographic disparities in COVID- 19 outcomes or access to diagnosis, mitigation, prevention, and treatment. ``(c) Provision of Products.-- ``(1) Provision of applicable covid-19 products.--The Secretary shall provide applicable COVID-19 products at no cost to Federal, State, local, and Native health programs, and other domestic health care providers and suppliers, including domestic commercial health care providers, as determined by the Secretary, and sell at cost applicable COVID-19 products to other commercial entities and international entities. Amounts received from the sale of such drugs shall be used for the activities of the Office. ``(2) Provision of applicable drugs, biological products and devices.--The Secretary shall sell applicable drugs, biological products, and devices produced under this section at a fair price to other entities. Amounts received from the sale of such drugs shall be used to replenish the national strategic stockpile under section 319F-2. ``(d) Oversight of Contracts.--In the case of applicable COVID-19 products and applicable drugs, biological products, and devices manufactured via contracts, the Inspector General of the Department of Health and Human Services shall conduct a review of not fewer than 1 of every 3 contracts entered into under this section, and of the entities entering into such contracts, to ensure that the Office is issuing contracts under fair and reasonable terms and conditions, including facilitating the procurement by the Federal Government of applicable COVID-19 products and applicable drugs, biological products, and medical devices at fair and reasonable prices. The Inspector General shall make each such review public and, in cases where such a review identifies unreasonable prices, submit recommendations to Congress on how the Office should improve its contracting systems to ensure reasonable pricing. ``(e) Reports to Congress.--The Director shall prepare and submit to the President, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a monthly report during the public health emergency declared by the Secretary under section 319 on January 31, 2020, with respect to COVID-19, and a final report 3 months after the public health emergency has concluded, that includes-- ``(1) an assessment of the major supply chain challenges facing hospitals, medical providers, the Federal Government, State, local, and tribal governments, and the private sector in procuring drugs, biological products, devices, and personal protective equipment to combat and prevent the spread of COVID- 19; and ``(2) a description of the status of all drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which manufacturing has been authorized under this section, including drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment being manufactured, drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which the Office has submitted an application for approval or a notification for clearance or classification to the Food and Drug Administration but has not yet received approval, clearance, or classification, and drugs, biological products, devices, active pharmaceutical ingredients, and personal protective equipment for which the Office has received approval, clearance, or classification from the Food and Drug Administration but are not being manufactured. ``(f) Definitions.--In this section: ``(1) Applicable drug, biological product, or device definition.--The term `applicable drug, biological product, or device' means a drug (as defined in section 201(g) of the Federal Food, Drug, and Cosmetic Act), biological product (as defined in section 351(i) of the Public Health Service Act), combination product (as described in section 503(g) of the Federal Food, Drug, and Cosmetic Act), or device (as defined in section 201(h) of the Federal Food Drug and Cosmetic Act) for which an approved application under section 505 or 515 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act, or clearance under section 510(k) of the Federal Food, Drug, and Cosmetic Act, is in effect, and-- ``(A) is included in the drug shortage list under section 506E of the Federal Food, Drug, and Cosmetic Act; or ``(B) is vulnerable to shortage. ``(2) Applicable covid-19 product definition.-- ``(A) In general.--The term `applicable COVID-19 product' means a product that is included on a list that the Secretary of Health and Human Services, in consultation with the Commissioner of Food and Drugs, the Assistant Secretary for Preparedness and Response, and the Director of the Centers for Disease Control and Prevention, shall compile not later than 2 weeks after the date of enactment of this section and shall review and update, as necessary, every 2 weeks of-- ``(i) qualified pandemic or epidemic products, as defined under section 319F-3, that are-- ``(I)(aa) drugs, biological products, and devices that are manufactured, used, designed, developed, modified, licensed or procured-- ``(AA) to diagnose, mitigate, prevent, treat, or cure COVID-19; or ``(BB) to limit the harm the COVID-19 pandemic might otherwise cause; ``(bb) drugs, biological products, and devices that are manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by a product described in item (aa); or ``(cc) drugs, biological products, devices or technologies intended to enhance the use or effect of a drug, biological product, or device described in item (aa) or (bb); and ``(ii) personal protective equipment, including protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, used to protect people from COVID-19 infection. ``(B) Consultation.--In developing the list described in subparagraph (A), the Secretary shall consult with the Administrator of the Federal Emergency Management Administration and the Secretary of Defense to ensure that, in instances where the President has enacted the Defense Production Act to produce applicable COVID-19 products, the Office does not replicate or overproduce products being developed under the Act. ``(3) Native health program.--The term `Native health program' shall include-- ``(A) a program provided through the Indian Health Service; ``(B) any health program operated by-- ``(i) an Indian tribe, or Tribal organization, as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act; ``(ii) an inter-tribal consortium, as defined in section 501(a) of the Indian Self- Determination and Education Assistance Act; or ``(iii) an urban Indian organization, as defined in section 4 of the Indian Health Care Improvement Act; and ``(C) any health program provided through a Native Hawaiian health care system, as defined in section 12 of the Native Hawaiian Health Care Improvement Act. ``(4) Domestic health care provider.--The term `domestic health care provider' shall include the direct support professional, home health, and personal care attendant workforce. ``(g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. all
H.R. 729 (Introduced in House) - Strength in Diversity Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr729ih/html/BILLS-117hr729ih.htm	DOC 117th CONGRESS 1st Session H. R. 729 To establish the Strength in Diversity Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Scott of Virginia (for himself, Mr. Jones, Ms. Adams, Ms. Clarke of New York, Mr. Bishop of Georgia, Mr. Horsford, Mrs. Hayes, Mr. Evans, Mr. Morelle, Ms. Meng, Ms. Tlaib, Mr. Cooper, Ms. Velazquez, Mr. Ryan, Mr. Payne, Mrs. Bustos, Mr. Delgado, Ms. Lee of California, Ms. Bonamici, Mrs. Watson Coleman, Mr. Carson, Ms. Schakowsky, Mr. Kilmer, Mr. Rush, Mrs. Beatty, Mr. Foster, Mr. Butterfield, Mr. Suozzi, Mr. Hastings, Mr. Larson of Connecticut, Mr. McGovern, Ms. Norton, Mr. Gallego, Ms. Wilson of Florida, Ms. DeGette, Mr. Vela, Ms. Sanchez, Mr. Kildee, Ms. Stevens, Ms. Ross, Ms. Wild, Mr. Lowenthal, Mr. Courtney, Mr. Levin of Michigan, Mr. Torres of New York, Mr. Cohen, Mr. Sablan, Mrs. Luria, Mr. Smith of Washington, Mr. Auchincloss, Ms. Omar, Ms. Dean, Ms. Clark of Massachusetts, Mr. Price of North Carolina, Ms. Newman, Mr. DeFazio, and Ms. Craig) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To establish the Strength in Diversity Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strength in Diversity Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to support the development, implementation, and evaluation of comprehensive strategies to address the effects of racial isolation or concentrated poverty by increasing diversity, including racial diversity and socioeconomic diversity, in covered schools. SEC. 3. RESERVATION FOR NATIONAL AND STATE ACTIVITIES. (a) National Activities.--The Secretary may reserve not more than 5 percent of the amounts made available under section 10 for a fiscal year to carry out activities of national significance relating to this Act, which may include-- (1) research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; and (2) the development and maintenance of best practices for recipients of grants under section 4 and other experts in the field of school diversity. (b) State Activities.--The Secretary may reserve not more than 10 percent of the amounts made available under section 10 for a fiscal year for planning grants and implementation grants made to State educational agencies under section 4. SEC. 4. GRANT PROGRAM AUTHORIZED. (a) Authorization.-- (1) In general.--From the amounts made available under section 10 and not reserved under section 3 for a fiscal year, the Secretary shall award grants in accordance with subsection (b) to eligible entities to develop or implement plans to improve diversity and reduce or eliminate racial or socioeconomic isolation in covered schools. (2) Types of grants.--The Secretary may, in any fiscal year, award-- (A) planning grants to carry out the activities described in section 6(a); (B) implementation grants to carry out the activities described in section 6(b); or (C) both such planning grants and implementation grants. (b) Award Basis.-- (1) Criteria for evaluating applications.--The Secretary shall award grants under this section on a competitive basis, based on-- (A) the quality of the application submitted by an eligible entity under section 5; (B) the likelihood, as determined by the Secretary, that the eligible entity will use the grant to improve student outcomes or outcomes on other performance measures described in section 7; and (C) the likelihood that the grant will lead to a meaningful reduction in racial and economic isolation for children in covered schools. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to the following eligible entities: (A) First, to an eligible entity that submitted an application for a grant under the Opening Doors, Expanding Opportunities program described in the notice published by the Department of Education in the Federal Register on December 14, 2016 (81 Fed. Reg. 90343 et seq.). (B) Second, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that addresses racial isolation. (C) Third, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that extends beyond one local educational agency, such as an inter-district or regional program. (D) Fourth, to an eligible entity that demonstrates meaningful coordination with local housing agencies to increase access to schools that have a disproportionately low number of low-income students. (c) Duration of Grants.-- (1) Planning grant.--A planning grant awarded under this section shall be for a period of not more than 1 year. (2) Implementation grant.--An implementation grant awarded under this section shall be for a period of not more than 3 years, except that the Secretary may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the Secretary that the eligible entity is making significant progress, as determined by the Secretary, on the program performance measures described in section 7. SEC. 5. APPLICATIONS. In order to receive a grant under section 4, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include-- (1) a description of the program for which the eligible entity is seeking a grant, including-- (A) how the eligible entity proposes to use the grant to improve the academic and life outcomes of students in racial or socioeconomic isolation in covered schools by supporting interventions that increase diversity for students in such covered schools; (B) in the case of an implementation grant, the implementation grant plan described in section 6(b)(1); and (C) evidence, or if such evidence is not available, a rationale based on current research, regarding how the program will increase diversity; (2) in the case of an eligible entity proposing to use any of the grant to benefit covered schools that are racially isolated, a description of how the eligible entity will identify and define racial isolation; (3) in the case of an eligible entity proposing to use any portion of the grant to benefit high-poverty covered schools, a description of how the eligible entity will identify and define income level and socioeconomic status; (4) a description of the plan of the eligible entity for continuing the program after the grant period ends; (5) a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity; (6) an assurance that the eligible entity has conducted, or will conduct, robust parent and community engagement, while planning for and implementing the program, such as through-- (A) consultation with appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes located in the area served by the eligible entity; (B) consultation with other community entities, including local housing or transportation authorities; (C) public hearings or other open forums to inform the development of any formal strategy to increase diversity; and (D) outreach to parents and students, in a language that parents and students can understand, and consultation with students and families in the targeted district or region that is designed to ensure participation in the planning and development of any formal strategy to increase diversity; (7) an estimate of the number of students that the eligible entity plans to serve under the program and the number of students to be served through additional expansion of the program after the grant period ends; (8) an assurance that the eligible entity will-- (A) cooperate with the Secretary in evaluating the program, including any evaluation that might require data and information from multiple recipients of grants under section 4; and (B) engage in the best practices developed under section 3(2); (9) an assurance that, to the extent possible, the eligible entity has considered the potential implications of the grant activities on the demographics and student enrollment of nearby covered schools not included in the activities of the grant; (10) in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will-- (A) implement, replicate, or expand a strategy based on a strong or moderate level of evidence (as described in subclause (I) or (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)(i))); or (B) test a promising strategy to increase diversity in covered schools; (11) in the case of an application by a consortium of local educational agencies, a specification of which agency is the lead applicant, and how the grant funds will be divided among the school districts served by such consortium; and (12) in the case of an application by a State education agency, a demonstration that the agency has procedures in place-- (A) to assess and prevent the redrawing of school district lines in a manner that increases racial or socioeconomic isolation; (B) to assess the segregation impacts of new school construction proposals and to prioritize school construction funding that will foreseeably increase racial and economic integration; and (C) to include progress toward reduction of racial and economic isolation as a factor in its State plan under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311). SEC. 6. USES OF FUNDS. (a) Planning Grants.--Each eligible entity that receives a planning grant under section 4 shall use the grant to support students in covered schools through the following activities: (1) Completing a comprehensive assessment of, with respect to the geographic area served by such eligible entity-- (A) the educational outcomes and racial and socioeconomic stratification of children attending covered schools; (B) an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure; and (C) teacher diversity in covered schools, and plans for expanding teacher diversity. (2) Developing and implementing a robust family, student, and community engagement plan, including, where feasible, public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in covered schools. (3) Developing options, including timelines and cost estimates, for improving diversity in covered schools, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination. (4) Developing an implementation plan based on community preferences among the options developed under paragraph (3). (5) Building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation. (6) Developing an implementation plan to comply with a court-ordered school desegregation plan. (7) Engaging in best practices developed under section 3(2). (8) If applicable, developing an implementation plan to replace entrance exams or other competitive application procedures with methods of student assignment to promote racial and socioeconomic diversity. (b) Implementation Grants.-- (1) Implementation grant plan.--Each eligible entity that receives an implementation grant under section 4 shall implement a high-quality plan to support students in covered schools that includes-- (A) a comprehensive set of strategies designed to improve academic outcomes for all students, particularly students of color and low-income students, by increasing diversity in covered schools; (B) evidence of strong family and community support for such strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities; (C) goals to increase diversity in covered schools over the course of the grant period; (D) collection and analysis of data to provide transparency and support continuous improvement throughout the grant period; and (E) a rigorous method of evaluation of the effectiveness of the program. (2) Implementation grant activities.--Each eligible entity that receives an implementation grant under section 4 may use the grant to carry out one or more of the following activities: (A) Recruiting, hiring, or training additional teachers, administrators, school counselors, and other instructional and support staff in new, expanded, or restructured covered schools, or other professional development activities for staff and administrators. (B) Investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns. (C) Developing or initiating a transportation plan for bringing students to and from covered schools, if such transportation is sustainable beyond the grant period and does not represent a significant portion of the grant received by an eligible entity under section 4. (D) Developing innovative and equitable school assignment plans. (E) Carrying out innovative activities designed to increase racial and socioeconomic school diversity and engagement between children from different racial, economic, and cultural backgrounds. (F) Creating or improving systems and partnerships to create a one-stop enrollment process for students with multiple public school options, including making school information and data more accessible and easy to understand, in order to ensure access to low poverty or high-performing schools for low-income children and to promote racial and socioeconomic diversity. SEC. 7. PERFORMANCE MEASURES. The Secretary shall establish performance measures for the programs and activities carried out through a grant under section 4. These measures, at a minimum, shall track the progress of each eligible entity in-- (1) improving academic and other developmental or noncognitive outcomes for each subgroup described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) that is served by the eligible entity on measures, including, as applicable, by-- (A) increasing school readiness; (B) increasing student achievement and decreasing achievement gaps; (C) increasing high school graduation rates; (D) increasing readiness for postsecondary education and careers; (E) improving access to mental health and social- emotional learning; (F) reducing school discipline rates; and (G) any other indicator the Secretary or eligible entity may identify; and (2) increasing diversity and decreasing racial or socioeconomic isolation in covered schools. SEC. 8. ANNUAL REPORTS. An eligible entity that receives a grant under section 4 shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes-- (1) a description of the efforts of the eligible entity to increase inclusivity; (2) information on the progress of the eligible entity with respect to the performance measures described in section 7; (3) the data supporting such progress; (4) a description of how the eligible entity will continue to make improvements toward increasing diversity and decreasing racial or socioeconomic isolation in covered schools and sustaining inclusion; and (5) information on the progress of regional programs on reducing racial and socioeconomic isolation in covered schools, if applicable. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2021 and each of the 5 succeeding fiscal years. SEC. 10. DEFINITIONS. In this Act: (1) Covered school.--The term ``covered school'' means-- (A) a publicly-funded early childhood education program; (B) a public elementary school; or (C) a public secondary school. (2) Eligible entity.--The term ``eligible entity'' means a State educational agency, a local educational agency, a consortium of such agencies, an educational service agency, or regional educational agency that at the time of the application of such eligible entity has significant achievement gaps and socioeconomic or racial segregation within or between the school districts served by such entity. (3) ESEA terms.--The terms ``educational service agency'', ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Publicly-funded early childhood education program.--The term ``publicly-funded early childhood education program'' means an early childhood education program (as defined in section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 1003(8)) that receives State or Federal funds. all
H.R. 729 (Reported in House) - Strength in Diversity Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr729rh/html/BILLS-117hr729rh.htm	DOC Union Calendar No. 127 117th CONGRESS 1st Session H. R. 729 To establish the Strength in Diversity Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Scott of Virginia (for himself, Mr. Jones, Ms. Adams, Ms. Clarke of New York, Mr. Bishop of Georgia, Mr. Horsford, Mrs. Hayes, Mr. Evans, Mr. Morelle, Ms. Meng, Ms. Tlaib, Mr. Cooper, Ms. Velazquez, Mr. Ryan, Mr. Payne, Mrs. Bustos, Mr. Delgado, Ms. Lee of California, Ms. Bonamici, Mrs. Watson Coleman, Mr. Carson, Ms. Schakowsky, Mr. Kilmer, Mr. Rush, Mrs. Beatty, Mr. Foster, Mr. Butterfield, Mr. Suozzi, Mr. Hastings, Mr. Larson of Connecticut, Mr. McGovern, Ms. Norton, Mr. Gallego, Ms. Wilson of Florida, Ms. DeGette, Mr. Vela, Ms. Sanchez, Mr. Kildee, Ms. Stevens, Ms. Ross, Ms. Wild, Mr. Lowenthal, Mr. Courtney, Mr. Levin of Michigan, Mr. Torres of New York, Mr. Cohen, Mr. Sablan, Mrs. Luria, Mr. Smith of Washington, Mr. Auchincloss, Ms. Omar, Ms. Dean, Ms. Clark of Massachusetts, Mr. Price of North Carolina, Ms. Newman, Mr. DeFazio, and Ms. Craig) introduced the following bill; which was referred to the Committee on Education and Labor November 23, 2021 Additional sponsors: Mr. Mrvan, Mr. DeSaulnier, Ms. Manning, Ms. Chu, Ms. Bourdeaux, Mr. Pocan, Mr. Espaillat, Mrs. McBath, Mr. Takano, Mr. Grijalva, Mr. Mfume, Mr. Castro of Texas, Ms. Jayapal, Mr. Bowman, Ms. Leger Fernandez, Mr. Yarmuth, Mr. Norcross, Ms. Stansbury, Ms. Sherrill, Ms. Brown of Ohio, Mr. Danny K. Davis of Illinois, Mr. Carter of Louisiana, Mrs. Kirkpatrick, Mr. Lawson of Florida, Mrs. Lawrence, Ms. Blunt Rochester, Ms. Sewell, Ms. Jackson Lee, Ms. Moore of Wisconsin, Ms. Scanlon, Ms. Pressley, Ms. Underwood, Mr. Welch, Ms. Garcia of Texas, Mr. Trone, Mr. Green of Texas, Mr. Lynch, Mrs. Carolyn B. Maloney of New York, Mr. Meeks, Mr. Vargas, Mr. Swalwell, Mr. Moulton, Ms. Matsui, Mrs. Dingell, Ms. Williams of Georgia, Ms. Johnson of Texas, Mr. Cuellar, Mr. Raskin, Mr. Connolly, Ms. DeLauro, Mr. Thompson of Mississippi, Mr. Krishnamoorthi, Ms. Lofgren, Ms. Wasserman Schultz, Ms. Kaptur, Mr. Jeffries, Mr. McNerney, Mr. Brown of Maryland, Ms. Roybal-Allard, Ms. Waters, Mr. McEachin, Mr. Lieu, Mr. Kahele, Ms. DelBene, Ms. Kelly of Illinois, Mrs. Fletcher, Mr. Sires, Mrs. Napolitano, Ms. Castor of Florida, Mr. Case, Mr. David Scott of Georgia, Ms. Escobar, Mr. San Nicolas, Mr. Allred, Ms. Strickland, Mr. Veasey, Ms. Ocasio-Cortez, Mr. Neguse, Mr. Doggett, Mr. Soto, Mr. Correa, Mr. Nadler, Ms. Plaskett, and Mr. Vicente Gonzalez of Texas November 23, 2021 Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL To establish the Strength in Diversity Program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strength in Diversity Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to support the development, implementation, and evaluation of comprehensive strategies to address the effects of racial isolation or concentrated poverty by increasing diversity, including racial diversity and socioeconomic diversity, in covered schools. SEC. 3. RESERVATION FOR NATIONAL AND STATE ACTIVITIES. (a) National Activities.--The Secretary may reserve not more than 5 percent of the amounts made available under section 9 for a fiscal year to carry out activities of national significance relating to this Act, which may include-- (1) research, development, data collection, monitoring, technical assistance, evaluation, or dissemination activities; and (2) the development and maintenance of best practices for recipients of grants under section 4 and other experts in the field of school diversity. (b) State Activities.--The Secretary may reserve not more than 10 percent of the amounts made available under section 9 for a fiscal year for planning grants and implementation grants made to State educational agencies under section 4. SEC. 4. GRANT PROGRAM AUTHORIZED. (a) Authorization.-- (1) In general.--From the amounts made available under section 9 and not reserved under section 3 for a fiscal year, the Secretary shall award grants in accordance with subsection (b) to eligible entities to develop or implement plans to improve diversity and reduce or eliminate racial or socioeconomic isolation in covered schools. (2) Types of grants.--The Secretary may, in any fiscal year, award-- (A) planning grants to carry out the activities described in section 6(a); (B) implementation grants to carry out the activities described in section 6(b); or (C) both such planning grants and implementation grants. (b) Award Basis.-- (1) Criteria for evaluating applications.--The Secretary shall award grants under this section on a competitive basis, based on-- (A) the quality of the application submitted by an eligible entity under section 5; (B) the likelihood, as determined by the Secretary, that the eligible entity will use the grant to improve student outcomes or outcomes on other performance measures described in section 7; and (C) the likelihood that the grant will lead to a meaningful reduction in racial and economic isolation for children in covered schools. (2) Priority.--In awarding grants under this section, the Secretary shall give priority to the following eligible entities: (A) First, to an eligible entity that submitted an application for a grant under the Opening Doors, Expanding Opportunities program described in the notice published by the Department of Education in the Federal Register on December 14, 2016 (81 Fed. Reg. 90343 et seq.). (B) Second, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that addresses racial isolation. (C) Third, to an eligible entity that proposes, in an application submitted under section 5, to use the grant to support a program that extends beyond one local educational agency, such as an inter-district or regional program. (D) Fourth, to an eligible entity that demonstrates meaningful coordination with local housing agencies to increase access to schools that have a disproportionately low number of low-income students. (c) Duration of Grants.-- (1) Planning grant.--A planning grant awarded under this section shall be for a period of not more than 1 year. (2) Implementation grant.--An implementation grant awarded under this section shall be for a period of not more than 3 years, except that the Secretary may extend an implementation grant for an additional 2-year period if the eligible entity receiving the grant demonstrates to the Secretary that the eligible entity is making significant progress, as determined by the Secretary, on the program performance measures described in section 7. SEC. 5. APPLICATIONS. In order to receive a grant under section 4, an eligible entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include-- (1) a description of the program for which the eligible entity is seeking a grant, including-- (A) how the eligible entity proposes to use the grant to improve the academic and life outcomes of students in racial or socioeconomic isolation in covered schools by supporting interventions that increase diversity for students in such covered schools; (B) in the case of an implementation grant, the implementation grant plan described in section 6(b)(1); and (C) evidence, or if such evidence is not available, a rationale based on current research, regarding how the program will increase diversity; (2) in the case of an eligible entity proposing to use any of the grant to benefit covered schools that are racially isolated, a description of how the eligible entity will identify and define racial isolation; (3) in the case of an eligible entity proposing to use any portion of the grant to benefit high-poverty covered schools, a description of how the eligible entity will identify and define income level and socioeconomic status; (4) a description of the plan of the eligible entity for continuing the program after the grant period ends; (5) a description of how the eligible entity will assess, monitor, and evaluate the impact of the activities funded under the grant on student achievement and student enrollment diversity, and teacher diversity; (6) an assurance that the eligible entity has conducted, or will conduct, robust parent and community engagement, while planning for and implementing the program, such as through-- (A) consultation with appropriate officials from Indian Tribes or Tribal organizations approved by the Tribes located in the area served by the eligible entity; (B) consultation with other community entities, including local housing or transportation authorities; (C) public hearings or other open forums to inform the development of any formal strategy to increase diversity; and (D) outreach to parents and students, in a language that parents and students can understand, and consultation with students and families in the targeted district or region that is designed to ensure participation in the planning and development of any formal strategy to increase diversity; (7) an estimate of the number of students that the eligible entity plans to serve under the program and the number of students to be served through additional expansion of the program after the grant period ends; (8) an assurance that the eligible entity will-- (A) cooperate with the Secretary in evaluating the program, including any evaluation that might require data and information from multiple recipients of grants under section 4; and (B) engage in the best practices developed under section 3(a)(2); (9) an assurance that, to the extent possible, the eligible entity has considered the potential implications of the grant activities on the demographics and student enrollment of nearby covered schools not included in the activities of the grant; (10) in the case of an eligible entity applying for an implementation grant, a description of how the eligible entity will-- (A) implement, replicate, or expand a strategy based on a strong or moderate level of evidence (as described in subclause (I) or (II) of section 8101(21)(A)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(21)(A)(i))); or (B) test a promising strategy to increase diversity in covered schools; (11) in the case of an application by a consortium of local educational agencies, a specification of which agency is the lead applicant, and how the grant funds will be divided among the school districts served by such consortium; and (12) in the case of an application by a State educational agency, a demonstration that the agency has procedures in place-- (A) to assess and prevent the redrawing of school district lines in a manner that increases racial or socioeconomic isolation; (B) to assess the segregation impacts of new school construction proposals and to prioritize school construction funding that will foreseeably increase racial and economic integration; and (C) to include progress toward reduction of racial and economic isolation as a factor in its State plan under section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311). SEC. 6. USES OF FUNDS. (a) Planning Grants.--Each eligible entity that receives a planning grant under section 4 shall use the grant to support students in covered schools through the following activities: (1) Completing a comprehensive assessment of, with respect to the geographic area served by such eligible entity-- (A) the educational outcomes and racial and socioeconomic stratification of children attending covered schools; (B) an analysis of the location and capacity of program and school facilities and the adequacy of local or regional transportation infrastructure; and (C) teacher diversity in covered schools, and plans for expanding teacher diversity. (2) Developing and implementing a robust family, student, and community engagement plan, including, where feasible, public hearings or other open forums that would precede and inform the development of a formal strategy to improve diversity in covered schools. (3) Developing options, including timelines and cost estimates, for improving diversity in covered schools, such as weighted lotteries, revised feeder patterns, school boundary redesign, or regional coordination. (4) Developing an implementation plan based on community preferences among the options developed under paragraph (3). (5) Building the capacity to collect and analyze data that provide information for transparency, continuous improvement, and evaluation. (6) Developing an implementation plan to comply with a court-ordered school desegregation plan. (7) Engaging in best practices developed under section 3(a)(2). (8) If applicable, developing an implementation plan to replace entrance exams or other competitive application procedures with methods of student assignment to promote racial and socioeconomic diversity. (b) Implementation Grants.-- (1) Implementation grant plan.--Each eligible entity that receives an implementation grant under section 4 shall implement a high-quality plan to support students in covered schools that includes-- (A) a comprehensive set of strategies designed to improve academic outcomes for all students, particularly students of color and low-income students, by increasing diversity in covered schools; (B) evidence of strong family and community support for such strategies, including evidence that the eligible entity has engaged in meaningful family and community outreach activities; (C) goals to increase diversity, including teacher diversity, in covered schools over the course of the grant period; (D) collection and analysis of data to provide transparency and support continuous improvement throughout the grant period; and (E) a rigorous method of evaluation of the effectiveness of the program. (2) Implementation grant activities.--Each eligible entity that receives an implementation grant under section 4 may use the grant to carry out one or more of the following activities: (A) Recruiting, hiring, or training additional teachers, administrators, school counselors, and other instructional and support staff in new, expanded, or restructured covered schools, or other professional development activities for staff and administrators. (B) Investing in specialized academic programs or facilities designed to encourage inter-district school attendance patterns. (C) Developing or initiating a transportation plan for bringing students to and from covered schools, if such transportation is sustainable beyond the grant period and does not represent a significant portion of the grant received by an eligible entity under section 4. (D) Developing innovative and equitable school assignment plans. (E) Carrying out innovative activities designed to increase racial and socioeconomic school diversity and engagement between children from different racial, economic, and cultural backgrounds. (F) Creating or improving systems and partnerships to create a one-stop enrollment process for students with multiple public school options, including making school information and data more accessible and easy to understand, in order to ensure access to low poverty or high-performing schools for low-income children and to promote racial and socioeconomic diversity. (G) Increasing teacher diversity in covered schools. SEC. 7. PERFORMANCE MEASURES. The Secretary shall establish performance measures for the programs and activities carried out through a grant under section 4. These measures, at a minimum, shall track the progress of each eligible entity in-- (1) improving academic and other developmental or noncognitive outcomes for each subgroup described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) that is served by the eligible entity on measures, including, as applicable, by-- (A) increasing school readiness; (B) increasing student achievement and decreasing achievement gaps; (C) increasing high school graduation rates; (D) increasing readiness for postsecondary education and careers; (E) improving access to mental health and social- emotional learning; (F) reducing school discipline rates; and (G) any other indicator the Secretary or eligible entity may identify; and (2) increasing diversity and decreasing racial or socioeconomic isolation in covered schools. SEC. 8. ANNUAL REPORTS. An eligible entity that receives a grant under section 4 shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes-- (1) a description of the efforts of the eligible entity to increase inclusivity; (2) information on the progress of the eligible entity with respect to the performance measures described in section 7; (3) the data supporting such progress; (4) a description of how the eligible entity will continue to make improvements toward increasing diversity and decreasing racial or socioeconomic isolation in covered schools and sustaining inclusion; and (5) information on the progress of regional programs on reducing racial and socioeconomic isolation in covered schools, if applicable. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each of the 5 succeeding fiscal years. SEC. 10. DEFINITIONS. In this Act: (1) Covered school.--The term ``covered school'' means-- (A) a publicly-funded early childhood education program; (B) a public elementary school; or (C) a public secondary school. (2) Eligible entity.--The term ``eligible entity'' means a State educational agency, a local educational agency, a consortium of such agencies, an educational service agency, or a regional educational agency that at the time of the application of such eligible entity has significant achievement gaps and socioeconomic or racial segregation within or between the school districts served by such entity. (3) ESEA terms.--The terms ``educational service agency'', ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (4) Publicly-funded early childhood education program.--The term ``publicly-funded early childhood education program'' means an early childhood education program (as defined in section 103(8) of the Higher Education Act of 1965 (20 U.S.C. 1003(8)) that receives State or Federal funds. SEC. 11. PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION. No provision of this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system. Union Calendar No. 127 117th CONGRESS 1st Session H. R. 729 _______________________________________________________________________ A BILL To establish the Strength in Diversity Program, and for other purposes. _______________________________________________________________________ November 23, 2021 Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
H.R. 72 (Introduced in House) - Thin Blue Line Act	https://www.govinfo.gov/content/pkg/BILLS-117hr72ih/html/BILLS-117hr72ih.htm	DOC 117th CONGRESS 1st Session H. R. 72 To amend title 18, United States Code, to provide additional aggravating factors for the imposition of the death penalty based on the status of the victim. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to provide additional aggravating factors for the imposition of the death penalty based on the status of the victim. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Thin Blue Line Act''. SEC. 2. AGGRAVATING FACTORS FOR DEATH PENALTY. Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (16) the following: ``(17) Killing or targeting of law enforcement officer.-- ``(A) The defendant killed or attempted to kill, in the circumstance described in subparagraph (B), a person who is authorized by law-- ``(i) to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law; ``(ii) to apprehend, arrest, or prosecute an individual for any criminal violation of law; or ``(iii) to be a firefighter or other first responder. ``(B) The circumstance referred to in subparagraph (A) is that the person was killed or targeted-- ``(i) while he or she was engaged in the performance of his or her official duties; ``(ii) because of the performance of his or her official duties; or ``(iii) because of his or her status as a public official or employee.''. all
H.R. 730 (Introduced in House) - Equity and Inclusion Enforcement Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr730ih/html/BILLS-117hr730ih.htm	DOC 117th CONGRESS 1st Session H. R. 730 To amend title VI of the Civil Rights Act of 1964 to restore the right to individual civil actions in cases involving disparate impact, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Scott of Virginia (for himself, Mr. Nadler, Mr. Grijalva, Mr. Courtney, Mr. Sablan, Ms. Bonamici, Ms. Adams, Mr. DeSaulnier, Ms. Jayapal, Mr. Levin of Michigan, Ms. Omar, and Ms. Stevens) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title VI of the Civil Rights Act of 1964 to restore the right to individual civil actions in cases involving disparate impact, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Equity and Inclusion Enforcement Act of 2021''. SEC. 2. RESTORATION OF RIGHT TO CIVIL ACTION IN DISPARATE IMPACT CASES UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is amended by adding at the end the following: ``Sec. 607. The violation of any regulation relating to disparate impact issued under section 602 shall give rise to a private civil cause of action for its enforcement to the same extent as does an intentional violation of the prohibition of section 601.''. SEC. 3. DESIGNATION OF MONITORS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) is further amended by adding at the end the following: ``Sec. 608. (a) Each recipient shall-- ``(1) designate at least one employee to coordinate its efforts to comply with requirements adopted pursuant to section 602 and carry out the responsibilities of the recipient under this title, including any investigation of any complaint alleging the noncompliance of the recipient with such requirements or alleging any actions prohibited under this title; and ``(2) notify its students and employees of the name, office address, and telephone number of each employee designated under paragraph (1). ``(b) In this section, the term `recipient' means a recipient referred to in section 602 that operates an education program or activity receiving Federal financial assistance authorized or extended by the Secretary of Education.''. SEC. 4. SPECIAL ASSISTANT FOR EQUITY AND INCLUSION. Section 202(b) of the Department of Education Organization Act (20 U.S.C. 3412(b)) is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3), the following: ``(4) There shall be in the Department, a Special Assistant for Equity and Inclusion who shall be appointed by the Secretary. The Special Assistant shall promote, coordinate, and evaluate efforts to engender program compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and inform individuals of their rights under such Act, including the dissemination of information, technical assistance, and coordination of research activities, in a manner consistent with such Act. The Special Assistant shall advise both the Secretary and Deputy Secretary on matters relating to compliance with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).''. all
H.R. 731 (Introduced in House) - Pre-Apprenticeship Wrap-around Support Services Fund Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr731ih/html/BILLS-117hr731ih.htm	DOC 117th CONGRESS 1st Session H. R. 731 To direct the Secretary of Labor to make grants to eligible applicants to provide stipends to individuals enrolled in a pre-apprenticeship program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Smith of Washington (for himself, Mr. Langevin, Ms. Jackson Lee, and Ms. Norton) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To direct the Secretary of Labor to make grants to eligible applicants to provide stipends to individuals enrolled in a pre-apprenticeship program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pre-Apprenticeship Wrap-around Support Services Fund Act of 2021''. SEC. 2. GRANTS TO PROVIDE STIPENDS TO INDIVIDUALS ENROLLED IN A PRE- APPRENTICESHIP PROGRAM. (a) In General.--The Secretary of Labor may make grants to eligible applicants to provide stipends to individuals enrolled in a pre- apprenticeship program in accordance with the requirements under this Act. (b) Pre-Apprenticeship Program Defined.--For purposes of this Act, the term ``pre-apprenticeship program'' means a program, initiative, or set of strategies that-- (1) is designed to prepare individuals to enroll in a registered apprenticeship program, including preparing individuals with the skills and competencies necessary to succeed in such program; (2) is carried out by an eligible applicant that has entered into a formal agreement with one or more sponsors of a registered apprenticeship program; and (3) includes-- (A) theoretical education (including the use of curricula); and (B) training (including hands-on training)-- (i) aligned with industry standards of a registered apprenticeship program; and (ii) that does not displace an employee where such training takes place. (c) Application.--To be eligible to receive a grant under this Act, an eligible applicant shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Grant Requirement.--Each grantee shall-- (1) establish primary indicators of performance with respect to individuals enrolled in a pre-apprenticeship program, which shall include-- (A) the percentage of such individuals who are enrolled in a registered apprenticeship program within 6 months after completing a pre-apprenticeship; (B) the percentage of such individuals who are enrolled in a registered apprenticeship program within 12 months after completing a pre-apprenticeship; (C) the median earnings of such individuals who are enrolled in a registered apprenticeship program within 6 months after completing a pre-apprenticeship; and (D) the percentage of such individuals who obtain a recognized postsecondary credential or a secondary school diploma (or the recognized equivalent of such diploma) while enrolled in a pre-apprenticeship or within one year after completing a pre-apprenticeship; and (2) on an annual basis, collect data with respect to-- (A) the primary indicators of performance under paragraph (1); (B) the number of stipends provided through grants funds under this Act; and (C) the amount of each such stipend. (e) Additional Requirement.--Each grantee shall prioritize the provision of stipends to individuals enrolled in a pre-apprenticeship program who are also individuals with a barrier to employment. (f) Use of Stipend.--Each grantee shall ensure that a stipend awarded pursuant to this section is used only to reimburse for-- (1) necessary transportation costs with respect to a pre- apprenticeship program, including vehicle mileage and public transportation costs; (2) lost hourly wages of an individual enrolled in a pre- apprenticeship program, in the case that participation in such program causes a reduction of hours at the place of employment of such individual; and (3) financial costs of an individual enrolled in a pre- apprenticeship program with respect to obtaining industry-based certifications during the period of enrollment in such program. (g) Report.-- (1) Report to secretary.--Not later than 1 year after receiving a grant under this Act, and annually thereafter, each grantee shall submit to the Secretary a report that includes the data collected pursuant to subsection (d)(2). (2) Report to congressional committees.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the progress and outcomes with respect to each grant awarded under this Act. (h) Additional Definitions.--In this Act: (1) Eligible applicant.--The term ``eligible applicant'' means an entity that currently operates or sponsors a pre- apprenticeship program, including a joint labor-management partnership, an industry partnership, a local educational agency, a secondary school, an area career and technical education school, a State board, a local board, or a community- based organization. (2) Grantee.--The term ``grantee'' means an eligible applicant that receives a grant under this Act. (3) Individual with a barrier to employment.--The term ``individual with a barrier to employment'' has the meaning given the term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (4) Formal agreement.--The term ``formal agreement'' means an agreement between an eligible applicant and one or more sponsors of a registered apprenticeship program that includes the following: (A) Enables individuals who successfully complete a pre-apprenticeship program-- (i) to enter into a registered apprenticeship program (dependent on availability and whether such individual meets the qualifications of such program); and (ii) to earn credit toward a registered apprenticeship program. (B) Provides for a sponsor to review and approve the training referred to in subsection (b)(3), on an annual basis. (5) Recognized postsecondary credential.--The term ``recognized postsecondary credential'' has the meaning given the term under section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (6) Registered apprenticeship program.--The term ``registered apprenticeship program'' means an apprenticeship program that-- (A) is registered with the Department of Labor pursuant to the Act of August 16, 1937 (commonly known as the ``National Apprenticeship Act''; 29 U.S.C. 50 et seq.), or is recognized by the Department of Labor as a State apprenticeship agency; and (B) complies with the requirements of subpart A of part 29 and subpart A of part 30 of title 29, Code of Federal Regulations (or successor regulations). (7) Secretary.--The term ``Secretary'' means the Secretary of Labor. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. all
H.R. 732 (Introduced in House) - Unconscionable Pricing Act	https://www.govinfo.gov/content/pkg/BILLS-117hr732ih/html/BILLS-117hr732ih.htm	DOC 117th CONGRESS 1st Session H. R. 732 To prohibit unconscionable pricing of emergency supplies for responders during a Federal emergency period, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Speier (for herself, Mr. Cohen, Ms. Jackson Lee, Mr. Jones, Ms. Scanlon, and Mr. Carson) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To prohibit unconscionable pricing of emergency supplies for responders during a Federal emergency period, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Unconscionable Pricing Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect local and State government agencies and private and nonprofit organizations acting in response to the covered emergency to protect the health, safety, and welfare of persons; and (2) to make it unlawful for any person to impose or otherwise charge unconscionable prices to responders in the region or State affected by a covered emergency for the purchase or procurement of emergency supplies during the period of the covered emergency. SEC. 3. PROHIBITION OF UNCONSCIONABLE PRICING DURING DECLARED STATE OF EMERGENCY. (a) In General.--During an emergency period it shall be unlawful for any person to impose unconscionable prices in the region or State affected by the emergency declaration for the sale, rental, lease, or procurement of any emergency supply. (b) Factors for Consideration.--In determining whether a seller has violated subsection (a), a price shall be considered unconscionable if any person during the emergency period charges a price that exceeds, by an amount equal to or in excess of 10 percent the average price at which the same or similar emergency supply was obtainable in the affected area during 30 days before the emergency declaration was issued and the increase in price charged is not attributable to reasonable costs incurred in connection with the rental or sale of the emergency supply. (c) Enforcement.-- (1) Enforcement by the federal trade commission.-- (A) Unfair or deceptive acts or practices.--A violation of subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (B) Powers of commission.--The Commission shall enforce subsection (a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (2) Effect on other laws.--Nothing in this Act shall be construed in any way to limit the authority of the Commission under any other provision of law or to limit the application of any Federal or State law. (3) Enforcement by state attorneys general.-- (A) In general.--If the chief law enforcement officer of a State, or an official or agency designated by a State, has reason to believe that any person has violated or is violating subsection (a), the attorney general, official, or agency of the State, in addition to any authority it may have to bring an action in State court under its consumer protection law, may bring a civil action in any appropriate United States district court or in any other court of competent jurisdiction, including a State court, to-- (i) enjoin further such violation by such person; (ii) enforce compliance with such subsection; (iii) obtain civil penalties; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice and intervention by the federal trade commission.--The attorney general of a State shall provide prior written notice of any action under subparagraph (A) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (C) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of this section, no State attorney general, or official or agency of a State, may bring an action under this paragraph during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this Act alleged in the complaint. (d) Definitions.--In this section: (1) Emergency declaration.--The term ``emergency declaration'' means-- (A) a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d); and (B) a declaration of emergency declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 note). (2) Emergency period.--The term ``emergency period'' means the period of time following an emergency declaration, including a renewal thereof, and for a period of 30 days after such period ends. (3) Emergency supply.--The term ``emergency supply'' means any good, material, or equipment needed by responders to protect the health, safety, and welfare of persons during the emergency period. (4) Person.--The term ``person'' shall include, but not be limited to, natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. (5) Responders.--The term ``responders''-- (A) means any local or State governmental agency and private and nonprofit organizations, whether incorporated or unincorporated, acting in response to the covered emergency to protect the health, safety, and welfare of persons; and (B) includes State and local departments responsible for health and human services, State procurement agencies, hospitals, and medical facilities. all
H.R. 733 (Introduced in House) - Stop Evasion of Iran Sanctions Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr733ih/html/BILLS-117hr733ih.htm	DOC 117th CONGRESS 1st Session H. R. 733 To authorize the Secretary of the Treasury to require special measures for domestic financial institutions in connection with INSTEX, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Steil (for himself, Mr. Gooden of Texas, Mr. Hill, Mr. Timmons, and Mr. Zeldin) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To authorize the Secretary of the Treasury to require special measures for domestic financial institutions in connection with INSTEX, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Evasion of Iran Sanctions Act of 2021''. SEC. 2. REQUIREMENT OF SPECIAL MEASURES AT DOMESTIC FINANCIAL INSTITUTIONS. (a) In General.--The Secretary of the Treasury may require domestic financial institutions and domestic financial agencies to take one or more of the special measures described under section 5318A(b) of title 31, United States Code, with respect to a financial institution operating outside of the United States, if the Secretary determines that the financial institution operating outside of the United States knowingly conducts a significant transaction in connection with the Instrument in Support of Trade Exchanges (INSTEX), or any successor thereof, after issuing a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate that contains-- (1) a statement that the transaction facilitates the evasion or circumvention of United States sanctions; (2) a statement that the Secretary has consulted, and continues to consult, with European allies and partners on the implications of INSTEX, or any successor thereof, with respect to shared policy objectives, particularly as the objectives relate to the acquisition of nuclear weapons by Iran; (3) a statement that the requirement of a special measure is important to advance clear objectives with respect to the policies or the behavior of a financial institution operating outside of the United States, or of any other foreign person, with an explanation of the objectives; (4) an assessment of any significant adverse effects of the special measure, directly or indirectly, on the use of the United States dollar and the United States financial system by foreign persons, and a summary of efforts by the Secretary to mitigate such effects; and (5) a statement that the requirement of the special measure is in the national interest of the United States, with an explanation of the reasons therefor. (b) Sunset.--The provision of this section shall have no force or effect on the earlier of-- (1) 7 years after the date of enactment of this Act; and (2) the date on which the President issues a written report to the Congress (and makes such report available to the public) stating that the termination of the authorities under this section is important to the national interest of the United States, with an explanation of the reasons therefor. (c) Definitions.--In this section, the terms ``domestic financial institution'', ``domestic financial agency'', and ``financial institution'' have the meaning given those terms, respectively, under section 5312 of title 31, United States Code. all
H.R. 734 (Introduced in House) - Fred Korematsu Congressional Gold Medal Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr734ih/html/BILLS-117hr734ih.htm	DOC 117th CONGRESS 1st Session H. R. 734 To award posthumously a Congressional Gold Medal to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the Nation, and his dedication to justice and equality. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Takano introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To award posthumously a Congressional Gold Medal to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the Nation, and his dedication to justice and equality. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fred Korematsu Congressional Gold Medal Act of 2021''. SEC. 2. FINDINGS. The Congress finds the following: (1) On January 30, 1919, Fred Toyosaburo Korematsu was born in Oakland, California, to Japanese immigrants. (2) Fred Korematsu graduated from Castlemont High School in 1937 and attempted to enlist in the military twice but was unable to do so because his selective service classification was changed to enemy alien, even though Fred Korematsu was a United States citizen. (3) Fred Korematsu trained as a welder and worked as a foreman at the docks in Oakland until the date on which he and all Japanese Americans were fired. (4) On December 7, 1941, Japan attacked the military base in Pearl Harbor, Hawaii, causing the United States to declare war against Japan. (5) On February 19, 1942, President Franklin D. Roosevelt signed Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), which authorized the Secretary of War to prescribe military areas-- (A) from which any or all people could be excluded; and (B) with respect to which, the right of any person to enter, remain in, or leave would be subject to any restriction the Military Commander imposed in his discretion. (6) On May 3, 1942, the Lieutenant General of the Western Command of the Army issued Civilian Exclusion Order 34 (May 3, 1942) (referred to in this preamble as the ``Civilian Exclusion Order'') directing that all people of Japanese ancestry be removed from designated areas of the West Coast after May 9, 1942, because people of Japanese ancestry in the designated areas were considered to pose a threat to national security. (7) Fred Korematsu refused to comply with the Civilian Exclusion Order and was arrested on May 30, 1942. (8) After his arrest, Fred Korematsu-- (A) was held for 2\1/2\ months in the Presidio stockade in San Francisco, California; (B) was convicted on September 8, 1942, of violating the Civilian Exclusion Order and sentenced to 5 years of probation; and (C) was detained at Tanforan Assembly Center, a former horse racetrack used as a holding facility for Japanese Americans before he was exiled with his family to the Topaz incarceration camp in the State of Utah. (9) More than 120,000 Japanese Americans were similarly detained, with no charges brought and without due process, in 10 permanent War Relocation Authority camps located in isolated desert areas of the States of Arizona, Arkansas, California, Colorado, Idaho, Utah, and Wyoming. (10) The people of the United States subject to the Civilian Exclusion Order lost their homes, livelihoods, and the freedoms guaranteed to all people of the United States. (11) Fred Korematsu unsuccessfully challenged the Civilian Exclusion Order as it applied to him and appealed the decision of the United States District Court to the United States Court of Appeals for the Ninth Circuit, which sustained his conviction. (12) Fred Korematsu was subsequently confined with his family in the incarceration camp in Topaz, Utah, for 2 years, and during that time, Fred Korematsu appealed his conviction to the Supreme Court of the United States. (13) On December 18, 1944, the Supreme Court of the United States issued Korematsu v. United States, 323 U.S. 214 (1944), which-- (A) upheld the conviction of Fred Korematsu by a vote of 6 to 3; and (B) concluded that Fred Korematsu was removed from his home not based on hostility toward him or other Japanese Americans but because the United States was at war with Japan and the military feared a Japanese invasion of the West Coast. (14) In his dissenting opinion in Korematsu v. United States, 323 U.S. 214 (1944), Justice Frank Murphy called the Civilian Exclusion Order the ``legalization of racism''. (15) Two other Supreme Court Justices dissented from the majority decision in Korematsu v. United States, including Justice Jackson who described the validation of the principle of racial discrimination as a ``loaded weapon, ready for the hand of any authority that can bring forward a plausible claim of an urgent need''. (16) Fred Korematsu continued to maintain his innocence for decades following World War II, and his conviction hampered his ability to gain employment. (17) In 1982, legal historian Peter Irons and researcher Aiko Yoshinaga-Herzig gained access to Government documents under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), that indicate that while the case of Fred Korematsu was before the Supreme Court of the United States, the Federal Government misled the Supreme Court of the United States and suppressed findings that Japanese Americans on the West Coast were not security threats. (18) In light of the newly discovered information, Fred Korematsu filed a writ of error coram nobis with the United States District Court for the Northern District of California, and on November 10, 1983, United States District Judge Marilyn Hall Patel issued her decision in Korematsu v. United States, 584 F. Supp. 1406 (N.D. Cal. 1984), that-- (A) overturned the Federal conviction of Fred Korematsu; (B) concluded that, at the time that senior Government officials presented their case before the Supreme Court of the United States in 1944, the senior Government officials knew there was no factual basis for the claim of military necessity for the Civil Exclusion Order; (C) acknowledged that ``the government knowingly withheld information from the courts when they were considering the critical question of military necessity'' in the original case; (D) recognized that ``there is substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court. The information was critical to the court's determination''; and (E) stated that although the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), remains on the pages of United States legal and political history, ``s historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees''. (19) The Commission on Wartime Relocation and Internment of Civilians, authorized by Congress in 1980 to review the facts and circumstances surrounding the relocation and incarceration of Japanese Americans under Executive Order 9066 (7 Fed. Reg. 1407 (February 25, 1942)), concluded that-- (A) the decision of the Supreme Court of the United States in Korematsu v. United States, 323 U.S. 214 (1944), is overruled by the court of history; (B) a grave personal injustice was done to the United States citizens and resident aliens of Japanese ancestry who, without individual review or any probative evidence against them, were excluded, removed, and detained by the United States during World War II; and (C) the exclusion, removal, and detention of United States citizens and resident aliens of Japanese ancestry was motivated largely by ``racial prejudice, wartime hysteria, and a failure of political leadership''. (20) The overturning of the conviction of Fred Korematsu and the findings of the Commission on Wartime Relocation and Internment of Civilians influenced the decision by Congress to pass the Civil Liberties Act of 1988 (50 U.S.C. 4211 et seq.) to request a Presidential apology and the symbolic payment of compensation to people of Japanese ancestry who lost liberty or property due to discriminatory actions of the Federal Government. (21) On August 10, 1988, President Reagan signed the Civil Liberties Act of 1988 (50 U.S.C. 4211 et seq.), stating, ``ere we admit a wrong; here we reaffirm our commitment as a nation to equal justice under the law.''. (22) On January 15, 1998, President Clinton awarded the Presidential Medal of Freedom, the highest civilian award of the United States, to Fred Korematsu, stating, ``n the long history of our country's constant search for justice, some names of ordinary citizens stand for millions of souls: Plessy, Brown, Parks. To that distinguished list, today we add the name of Fred Korematsu.''. (23) Fred Korematsu remained a tireless advocate for civil liberties and justice throughout his life by-- (A) speaking out against racial discrimination and violence; and (B) cautioning the Federal Government against repeating mistakes of the past that singled out individuals for heightened scrutiny on the basis of race, ethnicity, nationality, or religion. (24) On March 30, 2005, Fred Korematsu died at the age of 86 in Marin County, California. (25) Fred Korematsu is a role model for all people of the United States who love the United States and the promises contained in the Constitution of the United States, and the strength and perseverance of Fred Korematsu serve as an inspiration for all people who strive for equality and justice. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design in commemoration to Fred Korematsu, in recognition of his contributions to civil rights, his loyalty and patriotism to the Nation, and his dedication to justice and equality. (b) Design and Striking.--For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution shall make the gold medal received under paragraph (1) available for-- (A) display, particularly at the National Portrait Gallery; and (B) loan, as appropriate, so that the medal may be displayed elsewhere. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. all
"H.R. 735 (Engrossed in House) -An Act To designate the facility of the United States Postal Service 
located at 502 East Cotati Avenue in Cotati, California, as the Arturo 
L. Ibleto Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr735eh/html/BILLS-117hr735eh.htm	DOC 117th CONGRESS 2d Session H. R. 735 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, as the ``Arturo L. Ibleto Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ARTURO L. IBLETO POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, shall be known and designated as the ``Arturo L. Ibleto Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Arturo L. Ibleto Post Office Building''. Passed the House of Representatives February 8, 2022. Attest: Clerk. 117th CONGRESS 2d Session H. R. 735 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, as the ``Arturo L. Ibleto Post Office Building''.
"H.R. 735 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 502 East Cotati Avenue in Cotati, California, as the Arthur Luis 
Ibleto Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr735ih/html/BILLS-117hr735ih.htm	DOC 117th CONGRESS 1st Session H. R. 735 To designate the facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, as the ``Arthur Luis Ibleto Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Thompson of California (for himself, Mr. Bera, Mr. McNerney, Mr. DeSaulnier, Ms. Lee of California, Mr. Swalwell, Mr. Costa, Ms. Chu, Mr. Cardenas, Mrs. Napolitano, Ms. Sanchez, Ms. Roybal-Allard, Mr. Takano, Ms. Porter, and Mr. Lowenthal) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, as the ``Arthur Luis Ibleto Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ARTHUR LUIS IBLETO POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, shall be known and designated as the ``Arthur Luis Ibleto Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Arthur Luis Ibleto Post Office Building''. all
"H.R. 735 (Referred in Senate) -An Act To designate the facility of the United States Postal Service 
located at 502 East Cotati Avenue in Cotati, California, as the Arturo 
L. Ibleto Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr735rfs/html/BILLS-117hr735rfs.htm	DOC 117th CONGRESS 2d Session H. R. 735 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2022 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, as the ``Arturo L. Ibleto Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ARTURO L. IBLETO POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 502 East Cotati Avenue in Cotati, California, shall be known and designated as the ``Arturo L. Ibleto Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Arturo L. Ibleto Post Office Building''. Passed the House of Representatives February 8, 2022. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 736 (Introduced in House) - Community Immunity During COVID–19 Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr736ih/html/BILLS-117hr736ih.htm	DOC 117th CONGRESS 1st Session H. R. 736 To amend the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to covered health departments to increase the rate of recommended immunizations, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Underwood (for herself, Ms. Castor of Florida, Ms. Kuster, and Ms. Schrier) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to covered health departments to increase the rate of recommended immunizations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Immunity During COVID-19 Act of 2021''. SEC. 2. GRANTS TO INCREASE THE RATE OF IMMUNIZATIONS. Section 317 of the Public Health Service Act (42 U.S.C. 247b) is amended by adding at the end the following new subsection: ``(n) Grants To Increase the Rate of Immunizations.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make grants to covered health departments to increase the rate of recommended immunizations during the COVID-19 public health emergency. ``(2) Use of funds.--A covered health department receiving a grant under this section may use funds received through the grant for the following: ``(A) Providing funds to programs that increase the rate of recommended immunizations during the COVID-19 public health emergency, including supporting evidence- based outreach and educational activities in communities served by the covered health department involved. ``(B) Supporting efforts by health care providers to communicate the importance of maintaining immunization schedules and visiting a primary care provider during the COVID-19 public health emergency. ``(C) Increasing awareness with respect to health insurance options and programs that reduce the cost of vaccines, including the Vaccines for Children program (or similar program) carried out by the Centers for Disease Control and Prevention. ``(D) Evaluating efforts to increase the rate of recommended immunizations in communities described in subparagraph (A) during the COVID-19 public health emergency. ``(E) Developing and distributing culturally and linguistically appropriate messages about the importance of recommended immunizations during the COVID-19 public health emergency, including vaccines licensed under section 351 of this Act to prevent, mitigate, or treat the virus that causes COVID-19. ``(F) Combating misinformation and disinformation with respect to the safety of vaccines, including a vaccine that will be licensed under section 351 of this Act to prevent, mitigate, or treat the virus that causes COVID-19. ``(3) Partnerships.--A covered health department that receives a grant under this section may develop a partnership with entities and individuals in the communities served by the State, local, or Tribal government involved to carry out the activities under paragraph (2), including-- ``(A) a health care provider; ``(B) a school nurse; ``(C) an organization that primarily provides health care or social services for-- ``(i) groups that have a low rate of immunizations; ``(ii) individuals with a chronic health condition or underlying medical condition associated with increased risk for severe illness from COVID-19; or ``(iii) individuals with a limited proficiency in the English language; ``(D) a faith-based organization; ``(E) a long-term care facility, senior center, or other facility in which recommended immunizations for older adults may be provided or promoted by the staff of such facility or center; ``(F) a vaccine coalition; ``(G) a pediatric hospital; ``(H) a pharmacy; ``(I) a kindergarten, elementary, or secondary school; or ``(J) an institution of higher education. ``(4) Evaluation.--Not later than 18 months after the date on which a covered health department receives a grant under this subsection, the covered health department shall submit to the Secretary an evaluation on the effectiveness of the activities carried out using such funds to increase the rate of recommended immunizations. ``(5) Report to congress.--Not later than 2 years after the date of the enactment of this subsection, the Secretary shall submit to Congress a report that includes-- ``(A) an evaluation of the effectiveness of the activities under paragraph (2) to increase the rate of recommended immunizations, based on the evaluations submitted pursuant to paragraph (4); and ``(B) recommendations to increase the rate of recommended immunizations, including recommendations with respect to any public health emergency that occurs in the future. ``(6) Definitions.--In this subsection: ``(A) Covered health department.--The term `covered health department' means the public health department of a State, local, or Tribal government. ``(B) COVID-19 public health emergency.--The term `COVID-19 public health emergency' means the public health emergency declared by the Secretary under section 319 on January 31, 2020, with respect to COVID- 19. ``(C) Institution of higher education.--The term `institution of higher education' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(D) Recommended immunizations.--The term `recommended immunizations' means immunizations recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention. ``(7) Authorization of appropriations.-- ``(A) In general.--To carry out this subsection, there is authorized to be appropriated, $560,000,000 to remain available until expended. ``(B) Apportionment.--In awarding grant funds under this subsection, the Secretary shall apportion the amounts appropriated pursuant to subparagraph (A) for a fiscal year, based on the population of the State, local, or Tribal government involved, as follows: ``(i) Not less than 50 percent of such funds to State and Tribal public health departments. ``(ii) Not less than 50 percent of such funds to local health departments.''. SEC. 3. COVID-19 VACCINE GUIDANCE. (a) In General.--Not later than 3 months after the date of enactment of this section, the Director of the Centers for Disease Control and Prevention (in this section referred to as the ``Director''), in consultation with the Advisory Committee on Immunization Practices and the Administrator of the Centers for Medicare & Medicaid Services, shall develop and distribute to health care providers and State education agencies guidance to provide health counseling services with respect to a vaccine licensed under section 351 of the Public Health Service Act (42 U.S.C. 262) for the prevention, mitigation, or treatment of COVID-19. (b) Content.--The guidance developed pursuant to subsection (a) shall-- (1) be aligned with evidence-based practices; and (2) include information that is culturally appropriate. (c) Update.--The Director shall periodically update and distribute, as appropriate, the guidance developed pursuant to subsection (a). (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,500,000 to remain available until expended. all
H.R. 737 (Introduced in House) - Responsible, No-Cost Extension of Western Water Infrastructure Improvements Act	https://www.govinfo.gov/content/pkg/BILLS-117hr737ih/html/BILLS-117hr737ih.htm	DOC 117th CONGRESS 1st Session H. R. 737 To extend the authorities under the Water Infrastructure Improvements for the Nation Act of 2016 providing operational flexibility, drought relief, and other benefits to the State of California. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mr. Valadao (for himself, Mr. McCarthy, Mr. Calvert, Mr. Garcia of California, Mr. Issa, Mrs. Kim of California, Mr. LaMalfa, Mr. McClintock, Mr. Nunes, Mr. Obernolte, and Mrs. Steel) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To extend the authorities under the Water Infrastructure Improvements for the Nation Act of 2016 providing operational flexibility, drought relief, and other benefits to the State of California. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible, No-Cost Extension of Western Water Infrastructure Improvements Act'' or the ``RENEW WIIN Act''. SEC. 2. EXTENSION OF AUTHORITY. Subtitle J of the Water Infrastructure Improvements for the Nation Act (Public Law 114-322) is amended-- (1) in section 4007 (43 U.S.C. 390(b) note), in subsection (i), by striking ``January 1, 2021'' and inserting ``January 1, 2031''; and (2) in section 4013 (43 U.S.C. 390(b) note)-- (A) in the first sentence, by striking ``the date that is 5 years after the date of its enactment'' and inserting ``December 31, 2031''; and (B) in paragraph (1), by striking ``10 years after the date of its enactment'' and inserting ``on December 31, 2036''. all
H.R. 738 (Introduced in House) - Essential Pay for Essential Workers Act	https://www.govinfo.gov/content/pkg/BILLS-117hr738ih/html/BILLS-117hr738ih.htm	DOC 117th CONGRESS 1st Session H. R. 738 To require employers to pay essential pay to health care employees during public health emergencies, and to provide a tax credit for the cost of such pay. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Mrs. Watson Coleman (for herself, Ms. Norton, Mrs. Hayes, Ms. Barragan, Mr. Carson, Mr. Cohen, Mr. Lawson of Florida, and Mr. San Nicolas) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require employers to pay essential pay to health care employees during public health emergencies, and to provide a tax credit for the cost of such pay. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Pay for Essential Workers Act''. SEC. 2. MANDATORY ESSENTIAL PAY FOR HEALTH CARE EMPLOYEES DURING PUBLIC HEALTH EMERGENCIES. (a) Employer Requirement.--During an emergency period, an employer of an essential employee shall pay the employee at a rate equal to the sum of the regular rate of pay of the employee and $15. (b) Enforcement.--A violation of subsection (a) shall be deemed a violation of section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) and unpaid amounts shall be treated as unpaid overtime compensation for the purposes of sections 15 and 16 of such Act (29 U.S.C. 215 and 216). (c) Definitions.--In this Act: (1) FLSA terms.--The terms ``employer'' and ``employ'' have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (2) Essential.--The term ``essential employee'' means an employee identified as an essential critical infrastructure worker in the memorandum entitled, ``Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response'' issued by the Director of the Cybersecurity and Infrastructure Agency on March 28, 2020, or a successor memorandum. (3) Emergency period.--The term ``emergency period'' has the meaning given such term in section 1135(g) of the Social Security Act. (4) Regular rate.--The term ``regular rate'' has the meaning given the term in section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207). SEC. 3. PAYROLL CREDIT FOR CERTAIN MANDATORY ESSENTIAL PAY. (a) In General.--In the case of an employer, there shall be allowed as a credit against the tax imposed by section 3111(a) of the Internal Revenue Code of 1986 for each calendar quarter an amount equal to 100 percent of the qualified essential pay wages paid by such employer with respect to such calendar quarter. (b) Limitations and Refundability.-- (1) Credit limited to certain employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the tax imposed by section 3111(a) of such Code for such calendar quarter (reduced by any other credits allowed against such tax for such quarter) on the wages paid with respect to the employment of all employees of the employer. (2) Refundability of excess credit.-- (A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (1) for any calendar quarter, such excess shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b) of such Code. (B) Treatment of payments.--For purposes of section 1324 of title 31, United States Code, any amounts due to an employer under this paragraph shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (c) Qualified Essential Pay Wages.--For purposes of this section, the term ``qualified essential pay wages'' means wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) paid by an employer which are required to be paid by reason of section 2. (d) Special Rules.-- (1) Denial of double benefit.--For purposes of chapter 1 of such Code, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit. (2) Election not to have section apply.--This section shall not apply with respect to any employer for any calendar quarter if such employer elects (at such time and in such manner as the Secretary of the Treasury (or the Secretary's delegate) may prescribe) not to have this section apply. (3) Certain terms.--Any term used in this section which is also used in chapter 21 of such Code shall have the same meaning as when used in such chapter. (e) Regulations.--The Secretary of the Treasury (or the Secretary's delegate) shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this section, including-- (1) regulations or other guidance to prevent the avoidance of the purposes of the limitations under this section; (2) regulations or other guidance to minimize compliance and record-keeping burdens under this section; (3) regulations or other guidance providing for waiver of penalties for failure to deposit amounts in anticipation of the allowance of the credit allowed under this section; (4) regulations or other guidance for recapturing the benefit of credits determined under this section in cases where there is a subsequent adjustment to the credit determined under subsection (a); and (5) regulations or other guidance to ensure that the wages taken into account under this section conform with the wages required under section 2. (f) Transfers to Federal Old-Age and Survivors Insurance Trust Fund.--There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of this section (without regard to this subsection). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this section not been enacted. all
H.R. 739 (Introduced in House) - For the relief of Median El-Moustrah.	https://www.govinfo.gov/content/pkg/BILLS-117hr739ih/html/BILLS-117hr739ih.htm	DOC 117th CONGRESS 1st Session H. R. 739 For the relief of Median El-Moustrah. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 2, 2021 Ms. Tlaib introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL For the relief of Median El-Moustrah. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR MEDIAN EL-MOUSTRAH. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Median El-Moustrah shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Median El-Moustrah enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Waiver of Grounds for Removal or Denial of Admission.-- (1) In general.--Notwithstanding sections 212(a) and 237(a) of the Immigration and Nationality Act, Median El-Moustrah may not be removed from the United States, denied admission to the United States, or considered ineligible for lawful permanent residence in the United States by reason of any ground for removal or denial of admission that is reflected in the records of the Department of Homeland Security or the Visa Office of the Department of State on the date of the enactment of this Act. (2) Rescission of outstanding order of removal.--The Secretary of Homeland Security shall rescind any outstanding order of removal or deportation, or any finding of inadmissibility or deportability, that has been entered against Median El-Moustrah by reason of any ground described in paragraph (1). (d) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (e) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Median El-Moustrah, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (f) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Median El- Moustrah shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. SEC. 2. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 73 (Introduced in House) - Curbing Realistic Exploitative Electronic Pedophilic Robots Act 2.0	https://www.govinfo.gov/content/pkg/BILLS-117hr73ih/html/BILLS-117hr73ih.htm	DOC 117th CONGRESS 1st Session H. R. 73 To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit the importation or transportation of child sex dolls, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Curbing Realistic Exploitative Electronic Pedophilic Robots Act 2.0'' or as the ``CREEPER Act 2.0''. SEC. 2. FINDINGS. The Congress finds as follows: (1) There is a correlation between possession of the obscene dolls, and robots, and possession of and participation in child pornography. (2) The physical features, and potentially the ``personalities'' of the robots are customizable or morphable and can resemble actual children. (3) Some owners and makers of the robots have made their children interact with the robots as if the robots are members of the family. (4) The robots can have settings that simulate rape. (5) The dolls and robots not only lead to rape, but they make rape easier by teaching the rapist about how to overcome resistance and subdue the victim. (6) For users and children exposed to their use, the dolls and robots normalize submissiveness and normalize sex between adults and minors. (7) As the Supreme Court has recognized, obscene material is often used as part of a method of seducing child victims. (8) The dolls and robots are intrinsically related to abuse of minors, and they cause the exploitation, objectification, abuse, and rape of minors. SEC. 3. PROHIBITION OF IMPORTATION OR TRANSPORTATION OF CHILD SEX DOLLS. Section 1462 of title 18, United States Code, is amended-- (1) in paragraph (a), by striking ``or'' at the end; (2) in paragraph (b), by striking ``or'' at the end; (3) by inserting after paragraph (c) the following: ``(d) any child sex doll; or''; and (4) by adding at the end the following: ``In this section, the term `child sex doll' means an anatomically correct doll, mannequin, or robot, with the features of, or with features that resemble those of, a minor, intended for use in sexual acts.''. SEC. 4. TRAFFICKING IN CHILD SEX DOLLS. (a) In General.--Chapter 71 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1471. Trafficking in child sex dolls ``Whoever knowingly-- ``(1) buys, sells, delivers, or distributes in interstate or foreign commerce any child sex doll, ``(2) possesses a child sex doll that has been so bought, sold, delivered, or distributed, or ``(3) possesses such a child sex doll with the intent to engage in any conduct prohibited by paragraph (1), shall be fined under this title or imprisoned not more than five years, or both, for the first such offense and shall be fined under this title or imprisoned not more than ten years, or both, for each such offense thereafter. For purposes of this section, the term `child sex doll' has the meaning given such term in section 1462.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by adding at the end the following: ``1471. Trafficking in child sex dolls.''. all
H.R. 740 (Introduced in House) - Climate Resilient Transportation Infrastructure Study Act	https://www.govinfo.gov/content/pkg/BILLS-117hr740ih/html/BILLS-117hr740ih.htm	DOC 117th CONGRESS 1st Session H. R. 740 To require the Secretary of Transportation to solicit a study on climate resilient transportation infrastructure, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Brownley introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To require the Secretary of Transportation to solicit a study on climate resilient transportation infrastructure, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Resilient Transportation Infrastructure Study Act''. SEC. 2. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY. (a) Climate Resilient Transportation Infrastructure Study.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall enter into an agreement with the Transportation Research Board of the National Academies to conduct a study of the actions needed to ensure that Federal agencies are taking into account current and future climate conditions in planning, designing, building, operating, maintaining, investing in, and upgrading any federally funded transportation infrastructure investments. (b) Methodologies.--In conducting the study, the Transportation Research Board shall build on the methodologies examined and recommended in-- (1) the 2018 report issued the American Society of Civil Engineers, titled ``Climate-Resilient Infrastructure: Adaptive Design and Risk Management''; and (2) the report issued by the California Climate-Safe Infrastructure Working Group, titled ``Paying it Forward: The Path Toward Climate-Safe Infrastructure in California''. (c) Contents of Study.--The study shall include specific recommendations regarding the following: (1) Integrating scientific knowledge of projected climate change impacts, and other relevant data and information, into Federal infrastructure planning, design, engineering, construction, operation and maintenance. (2) Addressing critical information gaps and challenges. (3) Financing options to help fund climate-resilient infrastructure. (4) A platform or process to facilitate communication between climate scientists and other experts with infrastructure planners, engineers and other relevant experts. (5) A stakeholder process to engage with representatives of State, local, tribal and community groups. (6) A platform for tracking Federal funding of climate- resilient infrastructure. (7) Labor and workforce needs to implement climate- resilient transportation infrastructure projects including new and emerging skills, training programs, competencies and recognized postsecondary credentials that may be required to adequately equip the workforce. (8) Outlining how Federal infrastructure planning, design, engineering, construction, operation, and maintenance impact the environment and public health of disproportionately exposed communities. For purposes of this paragraph, the term ``disproportionately exposed communities'' means a community in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, and economic injustices by disproportionately affecting indigenous peoples, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, people experiencing homelessness, people with disabilities, people who are incarcerated, or youth. (d) Considerations.--In carrying out the study, the Transportation Research Board shall determine the need for information related to climate resilient transportation infrastructure by considering-- (1) the current informational and institutional barriers to integrating projected infrastructure risks posed by climate change into federal infrastructure planning, design, engineering, construction, operation and maintenance; (2) the critical information needed by engineers, planners and those charged with infrastructure upgrades and maintenance to better incorporate climate change risks and impacts over the lifetime of projects; (3) how to select an appropriate, adaptive engineering design for a range of future climate scenarios as related to infrastructure planning and investment; (4) how to incentivize and incorporate systems thinking into engineering design to maximize the benefits of multiple natural functions and emissions reduction, as well as regional planning; (5) how to take account of the risks of cascading infrastructure failures and develop more holistic approaches to evaluating and mitigating climate risks; (6) how to ensure that investments in infrastructure resilience benefit all communities, including communities of color, low-income communities and tribal communities that face a disproportionate risk from climate change and in many cases have experienced long-standing unmet needs and underinvestment in critical infrastructure; (7) how to incorporate capital assessment and planning training and techniques, including a range of financing options to help local and State governments plan for and provide matching funds; (8) how federal agencies can track and monitor federally funded resilient infrastructure in a coordinated fashion to help build the understanding of the cost-benefit of resilient infrastructure and to build the capacity for implementing resilient infrastructure; and (9) the occupations, skillsets, training programs, competencies and recognized postsecondary credentials that will be needed to implement such climate-resilient transportation infrastructure projects, and how to ensure that any new jobs created by such projects ensure that priority hiring considerations are given to individuals facing barriers to employment, communities of color, low-income communities and tribal communities that face a disproportionate risk from climate change and have been excluded from job opportunities. (e) Consultation.--In carrying out the study, the Transportation Research Board-- (1) shall convene and consult with a panel of national experts, including operators and users of Federal transportation infrastructure and private sector stakeholders; and (2) is encouraged to consult with-- (A) representatives from the thirteen federal agencies that comprise the United States Global Change Research Program; (B) representatives from the Department of the Treasury; (C) professional engineers with relevant expertise in infrastructure design; (D) scientists from the National Academies with relevant expertise; (E) scientists, social scientists and experts from academic and research institutions who have expertise in climate change projections and impacts; engineering; architecture; or other relevant areas of expertise; (F) licensed architects with relevant experience in infrastructure design; (G) certified planners; (H) representatives of State, local and Tribal governments; (I) representatives of environmental justice groups; and (J) representatives of labor unions that represent key trades and industries involved in infrastructure projects. (f) Report.--Not later than 3 years after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report on the results of the study conducted under this section. all
H.R. 741 (Introduced in House) - Sustainable Aviation Fuel Act	https://www.govinfo.gov/content/pkg/BILLS-117hr741ih/html/BILLS-117hr741ih.htm	DOC 117th CONGRESS 1st Session H. R. 741 To support the sustainable aviation fuel market, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Brownley (for herself, Ms. Castor of Florida, Mr. Huffman, Ms. Matsui, Mr. Levin of California, Ms. Bonamici, Ms. Pingree, and Ms. Norton) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, Armed Services, Science, Space, and Technology, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To support the sustainable aviation fuel market, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sustainable Aviation Fuel Act''. SEC. 2. NATIONAL GOAL. It is hereby declared that it is the national goal for the United States to reach-- (1) a net 35-percent reduction in greenhouse gas emissions for United States domestic and international aviation flights by 2035, as compared to 2005; and (2) net zero greenhouse gas emissions for United States domestic and international aviation flights by 2050. SEC. 3. DEFINITIONS. In this Act: (1) Sustainable aviation fuel.--The term ``sustainable aviation fuel'' means liquid fuel consisting of synthesized hydrocarbons that-- (A) meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel; (B) is derived from qualified feedstock; and (C) is certified by the Environmental Protection Agency Administrator that such fuel-- (i) either-- (I) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States; or (II) meets the definition of ``advanced biofuel'' under section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as demonstrated by compliance with Environmental Protection Agency implementing regulations under subpart M of part 80 of title 40, Code of Federal Regulations; and (ii) achieves at least a 50-percent reduction in lifecycle greenhouse gas emissions compared to conventional jet fuel. (2) Qualified feedstock.--The term ``qualified feedstock'' means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals. (3) Lifecycle greenhouse gas emissions.--The term ``lifecycle greenhouse gas emissions'' means the combined greenhouse gas emissions from feedstock production, collection of feedstock, transportation of feedstock to fuel production facilities, conversion of feedstock to fuel, transportation and distribution of fuel, and fuel combustion in an aircraft engine, as well as from induced land-use change emissions, as calculated using appropriate modeling techniques approved by a regulating authority. (4) Induced land-use change emissions.--The term ``induced land-use change emissions'' means the greenhouse gas emissions resulting from the conversion of land to the production of feedstocks and from the conversion of other land due to the displacement of crops or animals for which the original land was previously used, as calculated using appropriate modeling techniques approved by a regulating authority. (5) Conventional jet fuel.--The term ``conventional jet fuel'' means liquid hydrocarbon fuel used for aviation that is derived or refined from petrochemicals. SEC. 4. GRANT PROGRAM. (a) In General.--The Secretary of Transportation, in consultation with the Administrator of the Environmental Protection Agency, shall carry out a competitive grant and cost-sharing agreement program for eligible entities to carry out projects located in the United States to produce, transport, blend, or store sustainable aviation fuel. (b) Selection.--In selecting an eligible entity to receive a grant or cost-share agreement under subsection (a), the Secretary shall consider-- (1) the anticipated public benefits of a project proposed by the eligible entity; (2) the potential to increase the domestic production and deployment of sustainable aviation fuel; (3) the potential greenhouse gas emissions from such project; (4) the potential for creating new jobs in the United States; (5) the potential net greenhouse gas emissions impact of different feedstocks to produce sustainable aviation fuel on a lifecycle basis, which shall include potential direct and indirect greenhouse gas emissions (including resulting from changes in land use); and (6) the proposed utilization of non-Federal contributions by the eligible entity. (c) Authorization of Appropriations.--There is authorized to be appropriated $200,000,000 for each of fiscal years 2022 through 2026 to carry out this section. (d) Report.--Not later than October 1, 2027, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report describing the results of the grant program under this section. The report shall include the following: (1) A description of the entities and projects that received grants or other cost-sharing agreements under this section. (2) A detailed explanation for why each entity received the type of funding disbursement such entity did. (3) A description of whether the program is leading to an increase in the production and deployment of sustainable aviation fuels and whether that increase is enough to keep the United States on track to achieve the goals described in section 2 of this Act. (4) A description of the economic impacts resulting from the funding to and operation of the project. (e) Eligible Entity Defined.--In this section, the term ``eligible entity'' means-- (1) a State or local government other than an airport sponsor; (2) an air carrier; (3) an airport sponsor; and (4) a person or entity engaged in the production, transportation, blending or storage of sustainable aviation fuel in the United States or feedstocks in the United States that could be used to produce sustainable aviation fuel. SEC. 5. LOW CARBON AVIATION FUEL STANDARD. (a) Establishment of Low Carbon Aviation Fuel Standard.--Section 211 of the Clean Air Act (42 U.S.C. 7545) is amended by adding at the end the following: ``(w) Low Carbon Aviation Fuel Standard.-- ``(1) Definitions.--In this subsection: ``(A) Aviation fuel.--The term `aviation fuel' means fuel that is produced, sold, or dispensed in the United States, for civil or military purposes, for turbine-powered aviation. ``(B) Carbon intensity.--The term `carbon intensity' means the quantity of lifecycle greenhouse gas emissions per unit of fuel energy. ``(C) Credit exchange.--The term `credit exchange' means a central marketplace with established rules and regulations where buyers and sellers meet to conduct trades. ``(D) Fuel standard.--The term `fuel standard' means the low carbon fuel standard established under paragraph (2). ``(2) Establishment.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall promulgate regulations to establish a low carbon fuel standard for aviation fuels that requires a reduction in carbon intensity for aviation fuels each calendar year such that by 2050, and thereafter, the average carbon intensity of all aviation fuel used annually in the United States is reduced by at least 50 percent, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005. ``(3) Targets.--In promulgating regulations under paragraph (2), the Administrator shall set a target of a reduction of at least 20 percent in the average carbon intensity of all aviation fuel used annually in the United States by 2030, and of at least 50 percent by 2050, as compared to the average carbon intensity of all aviation fuel used in the United States in 2005. ``(4) Requirements.--In promulgating regulations under paragraph (2), the Administrator shall-- ``(A) establish a benchmark for the average carbon intensity of aviation fuels for each calendar year, beginning with the first full calendar year that begins 2 years after the date of enactment of this subsection, suitable to achieving the targets specified in paragraph (3); ``(B) apply the fuel standard to persons who produce or import aviation fuel; ``(C) establish procedures for calculating the carbon intensity of an aviation fuel, expressed in grams of carbon dioxide equivalent per megajoule, in accordance with-- ``(i) the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States; and ``(ii) any other more stringent accounting practices determined by the Administrator to be the best lifecycle greenhouse gas emission accounting practices, provided that such practices account for the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes), as determined by the Administrator, related to the full fuel lifecycle, including all stages of fuel and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished fuel to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential; ``(D) determine how long the calculation of the carbon intensity of an aviation fuel (pursuant to the procedures established under subparagraph (C)), will remain in effect before needing to be reevaluated; ``(E) allow a person described in subparagraph (B), who, for a calendar year, produces or imports aviation fuel-- ``(i) that has an average carbon intensity that is less than the benchmark for average carbon intensity for that calendar year to, except as provided in paragraph (8), generate credits, to be used, or transferred to another person, to demonstrate compliance with this subsection; and ``(ii) that has an average carbon intensity that is greater than the benchmark for average carbon intensity for that calendar year to purchase credits to be used to demonstrate compliance with this subsection; ``(F) determine the-- ``(i) appropriate amount of credits generated and used to demonstrate compliance pursuant to subparagraph (E); ``(ii) appropriate conditions, if any, on-- ``(I) the duration of such credits; and ``(II) the transfer of such credits through a credit exchange; and ``(G) consult with all relevant stakeholders, including aviation industry groups, renewable fuel industry groups, researchers at institutions of higher education, labor unions, consumer advocates, and any other stakeholders the Administrator determines to be appropriate. ``(5) Consultation.--In carrying out this subsection, the Administrator shall consult with the Administrator of the Federal Aviation Administration, the Secretary of Energy, and the Secretary of Agriculture. ``(6) Coordination with states.--The Administrator shall, after notice and opportunity for public hearing, waive application of the fuel standard in any State that has adopted a standard for aviation fuels that the Administrator determines is at least as stringent as the fuel standard. ``(7) Revision.--If Congress enacts a standard or similar law that the Administrator, in consultation with the Administrator of the Federal Aviation Administration, determines accomplishes the purposes of the fuel standard for sectors of the economy that include the aviation sector, the Administrator may revoke the fuel standard in favor of the other standard or law. ``(8) Relationship to renewable fuel program.--No credit may be generated under this subsection with respect to renewable fuel for which a credit is generated under subsection (o). ``(9) Report.--Not later than 180 days after the date of enactment of this subsection, the Administrator shall submit to Congress and make publicly available a report describing-- ``(A) the status of the development of the fuel standard; and ``(B) the considerations the Administrator is using in developing the fuel standard.''. (b) Enforcement.--Section 211(d) of the Clean Air Act (42 U.S.C. 7545(d)) is amended-- (1) in paragraph (1)-- (A) by striking ``or (o) of this section or the regulations'' and inserting ``(o), or (w) of this section or the regulations''; (B) by striking ``or (o) of this section or who fails'' and inserting ``(o), or (w) of this section or who fails''; and (C) by striking ``or (o) of this section which establishes'' and inserting ``(o), or (w) of this section which establishes''; and (2) in paragraph (2), by striking ``and (o) of this section'' each place it appears and inserting ``(o), and (w) of this section''. SEC. 6. PROCUREMENT OF SUSTAINABLE AVIATION FUEL BY THE DEPARTMENT OF DEFENSE. (a) In General.--Effective October 1, 2023, the Secretary of Defense shall make a bulk purchase of an amount of sustainable aviation fuel that is not less than 10 percent of the total amount of aviation fuel procured for operational purposes (as defined in section 2922h of title 10, United States Code) if-- (1) the cost of sustainable aviation fuel is competitive with the fully burdened cost of conventional jet fuel available for the same purpose; and (2) the sustainable aviation fuel is refined or produced in the United States. (b) Blended Fuel.--If the Secretary of Defense purchases sustainable aviation fuel that is blended with conventional jet fuel, the percentage of sustainable aviation fuel in such blend will be counted towards the percentage described in subsection (a). (c) Certification.--Before making a purchase under subsection (a), the Secretary of Defense or the Secretary concerned (as defined in section 101(a)(9) of title 10, United States Code) shall certify that the sustainable aviation fuel is suitable for use in aircrafts of the Department of Defense. (d) Waiver.-- (1) In general.--Subject to the requirements of paragraph (2), the Secretary of Defense may waive the requirement under subsection (a) for reasons of national security, including the lack of available, qualifying sustainable aviation fuel. (2) Notice.--Not later than 30 days after issuing a waiver under this subsection, the Secretary shall submit to the congressional defense committees (as defined in section 101(a)(16) of title 10, United States Code) notice of the waiver. Any such notice shall include each of the following: (A) The rationale of the Secretary for issuing the waiver. (B) A certification that the waiver is in the national security interest of the United States. (e) Definitions.--The terms ``fully burdened cost'' and ``operational purposes'' have the meanings given such terms, respectively, in section 2922h of title 10, United States Code. SEC. 7. FEDERAL AVIATION ADMINISTRATION RESEARCH. (a) In General.--Section 911(a) of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 44504 note) is amended-- (1) by striking ``assist in the development'' and inserting the following: ``(1) assist in the development''; (2) by striking ``and other'' and inserting ``, other''; (3) by striking the period and inserting ``, and sustainable fuel that can be used without the need to blend with any other type of aviation fuel;''; and (4) by adding at the end the following: ``(2) promote the efforts of the aviation sector to become a net-zero greenhouse gas emitting sector; ``(3) study the climate impacts of non-carbon dioxide greenhouse gas emissions, water vapor, and contrails and ways to minimize such impacts; and ``(4) develop a methodology for quantifying the non-carbon dioxide climate impacts of aviation in a lifecycle analysis, including the benefits of sustainable aviation fuel other than the reduction in carbon dioxide emissions.''. (b) Definitions.--Section 911 of such Act is amended by adding at the end the following: ``(e) Definitions.--In this section: ``(1) Sustainable aviation fuel.--The term `sustainable aviation fuel' means liquid fuel consisting of synthesized hydrocarbons that-- ``(A) is derived from a qualified feedstock; and ``(B) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States. ``(2) Qualified feedstock.--The term `qualified feedstock' means sources of hydrogen and carbon not originating from unrefined or refined petrochemicals. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Administrator of the Federal Aviation Administration $35,000,000 for each of fiscal years 2022 through 2026 to carry out this section.''. SEC. 8. DEPARTMENT OF ENERGY RESEARCH. (a) In General.--The Secretary of Energy shall carry out a program to research the use of cover crops or other crops grown for conservation purposes rather than for sale in the production of sustainable aviation fuel. (b) Collaboration.--In carrying out the program under subsection (a), the Secretary shall collaborate with the national laboratories, the Department of Agriculture, and industry partners. (c) Definitions.--In this section: (1) Sustainable aviation fuel.--The term ``sustainable aviation fuel'' means liquid fuel consisting of synthesized hydrocarbons that-- (A) is derived from a qualified feedstock; and (B) conforms to the standards, recommended practices, requirements and criteria, supporting documents, implementation elements, and any other technical guidance for sustainable aviation fuels that are adopted by the International Civil Aviation Organization with the agreement of the United States. (2) National laboratory.--The term ``national laboratory'' has the meaning given the term in section 2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)). (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 9. SUSTAINABLE AVIATION FUEL CREDIT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 40A the following new section: ``SEC. 40B. SUSTAINABLE AVIATION FUEL CREDIT. ``(a) In General.--For purposes of section 38, the sustainable aviation fuel credit for the taxable year is, with respect to each gallon of neat sustainable aviation fuel blending component used by the taxpayer in the production of a qualified mixture-- ``(1) $1.50, plus ``(2) the applicable supplementary credit amount. ``(b) Applicable Supplementary Credit Amount.-- ``(1) In general.--For purposes of subsection (a), the applicable supplementary credit amount is $0.25, reduced (but not below zero) by the emissions reduction certification amount. ``(2) Emissions reduction certification amount.--For purposes of paragraph (1), the emissions reduction certification amount is $0.01 for every 2 percentage points below 100 percent for which the neat sustainable aviation fuel blending component is certified to reduce emissions in comparison with conventional fuel under section 10 of the Sustainable Aviation Fuel Act. ``(c) Neat Sustainable Aviation Fuel Blending Component.--For purposes of this section, the term `neat sustainable aviation fuel blending component' means unblended liquid fuel-- ``(1) that consists of synthesized hydrocarbons, and ``(2) that-- ``(A) meets the requirements of a Department of Defense specification for military jet fuel or an American Society of Testing and Materials specification for aviation turbine fuel, ``(B) is derived from qualified feedstock, and ``(C) is certified by the Environmental Protection Agency to-- ``(i) either-- ``(I) comply with such standards of the International Civil Aviation Organization for sustainable aviation fuels as have been adopted by the United States, or ``(II) meet the definition of advanced biofuel under section 211(o)(1)(B) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)), and ``(ii) achieve at least a 50-percent reduction in lifecycle greenhouse gas emissions in comparison with conventional jet fuel. ``(d) Qualified Mixture.--For purposes of this section, the term `qualified mixture' means a mixture of neat sustainable aviation fuel blending component and kerosene, which-- ``(1) is used by the taxpayer as aircraft fuel in a trade or business, or ``(2) is sold by the taxpayer to any person for use as aircraft fuel. ``(e) Definitions.--For purposes of this section, the terms `qualified feedstock', `lifecycle greenhouse gas emissions', and `induced land-use change emissions' have the meanings given such terms in section 3 of the Sustainable Aviation Fuel Act. ``(f) Sale or Use Must Be in Trade or Business, etc.--Neat sustainable aviation fuel blending component used in the production of a qualified mixture shall be taken into account-- ``(1) only if the sale or use described in subsection (d) is in a trade or business of the taxpayer or other person, and ``(2) for the taxable year in which such sale or use occurs. ``(g) Application of Section.--This section shall only apply to fuel produced before January 1, 2032.''. (b) Credit Made Part of General Business Credit.--Section 38(b) (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by inserting after paragraph (33) the following new paragraph: ``(34) the sustainable aviation fuel credit determined under section 40B.''. (c) Conforming Amendment.--Section 40A(f) of such Code is amended by striking paragraph (4). (d) Effective Date.--The amendments made by this section shall apply to fuel produced after December 31, 2021. SEC. 10. EPA CERTIFICATION OF NEAT SUSTAINABLE AVIATION FUEL BLENDING COMPONENT. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate regulations, for purposes of section 40B of the Internal Revenue Code of 1986, to certify-- (1) whether a liquid fuel produced by a fuel producer qualifies as a neat sustainable aviation fuel blending component under subsection (c)(2)(C) of such section; and (2) the percent reduction of greenhouse gas emissions from a gallon of neat sustainable aviation fuel blending component produced by a fuel producer in comparison to the greenhouse gas emissions from a gallon of conventional jet fuel. (b) Considerations and Inclusions.--In promulgating regulations under subsection (a), the Administrator of the Environmental Protection Agency shall-- (1) establish procedures for fuel producers to apply to, and receive from, the Environmental Protection Agency-- (A) a certification, with respect to liquid fuel produced by such fuel producer, that such fuel qualifies as a neat sustainable aviation fuel blending component under section 40B(c)(2)(C) of the Internal Revenue Code of 1986; and (B) if the fuel described in (A) so qualifies, a certification of the percent reduction of greenhouse gas emissions from a gallon of such fuel in comparison to the greenhouse gas emissions from a gallon of conventional jet fuel; (2) determine methods for calculating greenhouse gas emissions from a gallon of conventional jet fuel, and for reviewing and updating such calculations every three years; (3) for purposes of calculating the greenhouse gas emissions from a liquid fuel that does or may qualify as a neat sustainable aviation fuel blending component, determine whether to use-- (A) the Sustainability Certification Schemes approved by the International Civil Aviation Organization with agreement by the United States; or (B) other methods that take into account lifecycle greenhouse gas emissions from the applicable fuel pathway; (4) require different certifications for each fuel pathway used by a fuel producer; (5) determine how long a certification under subsection (a)(1) or (a)(2) will be in effect for a fuel producer; and (6) include procedures for-- (A) notifying a fuel producer and the Internal Revenue Service that a certification under subsection (a) will expire, at least 180 days before such expiration; (B) expedited review and recertification under subsection (a), during the 180-day period described in subparagraph (A), of the greenhouse gas emissions from a neat sustainable aviation fuel blending component produced by a fuel producer; and (C) submission of a certification under subsection (a) to the Internal Revenue Service. (c) Definitions.--For purposes of this section-- (1) Fuel pathway.--The term ``fuel pathway'' means the production process through which feedstock is converted into neat sustainable aviation fuel blending component, and includes the type of feedstock, the region in which such feedstock is located, the harvesting and collection method of such feedstock, the transportation of such feedstock to a fuel producing facility, and the method by which such feedstock is converted into neat sustainable aviation fuel blending component. (2) Fuel producer.--The term ``fuel producer'' means a person or entity engaged in the production of neat sustainable aviation fuel blending component. SEC. 11. SUSTAINABLE AVIATION FUEL PRODUCTION PROPERTY ADDED TO ENERGY CREDIT. (a) In General.--Section 48 of the Internal Revenue Code of 1986 is amended-- (1) in subsection (a)-- (A) in paragraph (2)(A)(i)-- (i) in subclause (III), by striking ``and'', and (ii) by adding at the end the following new subclause: ``(V) sustainable aviation fuel production property, and'', (B) in paragraph (3)(A), by striking ``or'' at the end of clause (vi), inserting ``or'' at the end of clause (vii), and by adding at the end the following new clause: ``(viii) sustainable aviation fuel production property,'', and (C) by adding at the end the following new paragraph: ``(8) Phaseout for sustainable aviation fuel production property.--In the case of any energy property described in paragraph (3)(A)(viii) the construction of which begins before January 1, 2035, the energy percentage determined under paragraph (2) shall be equal to-- ``(A) in the case of any property the construction of which begins after December 31, 2026, and before January 1, 2028, 24 percent, ``(B) in the case of any property the construction of which begins after December 31, 2027, and before January 1, 2029, 18 percent, and ``(C) in the case of any property the construction of which begins after December 31, 2028, and before January 1, 2035, 12 percent.''; and (2) in subsection (c), by adding at the end the following new paragraph: ``(5) Sustainable aviation fuel production property.-- ``(A) In general.--The term `sustainable aviation fuel production property' means-- ``(i) property which produces sustainable aviation fuel (as defined in section 40B(b)) from qualified feedstock (as defined in section 40B(d)), or ``(ii) property directly related to enabling the production or distribution of sustainable aviation fuel. ``(B) Recapture of credit.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a)(3)(viii) with respect to any sustainable aviation fuel production property if the sustainable aviation fuel production of such property comprises less than 80 percent of the total fuel production of such property in any of the 5 taxable years immediately following the taxable year in which such property was placed in service.''. (b) Effective Date.--The amendments made by this section shall apply to fuel produced after December 31, 2021. all
H.R. 742 (Introduced in House) - Flexibility Through Lower Expenses Health Care Act	https://www.govinfo.gov/content/pkg/BILLS-117hr742ih/html/BILLS-117hr742ih.htm	DOC 117th CONGRESS 1st Session H. R. 742 To require short-term limited duration insurance issuers to renew or continue in force such insurance coverage at the option of the enrollees, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Budd (for himself and Mr. Harris) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require short-term limited duration insurance issuers to renew or continue in force such insurance coverage at the option of the enrollees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility Through Lower Expenses Health Care Act'' or the ``FLEX Act''. SEC. 2. SHORT-TERM LIMITED DURATION INSURANCE DEFINED. (a) In General.--Section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg-91(b)) is amended by adding at the end the following: ``(6) Short-term limited duration insurance.--The term `short-term limited duration insurance' means health insurance coverage provided pursuant to a contract with a health insurance issuer that has an expiration date specified in the contract (not taking into account any extensions that may be elected by the policyholder with or without the issuer's consent) that is less than 12 months after the original effective date of the contract.''. (b) Applicability.--The amendments made by this subsection shall apply with respect to contracts for short-term limited duration insurance that take effect on or after January 1, 2022. SEC. 3. DEFINITION OF ``EMPLOYER'' UNDER ERISA WITH RESPECT TO GROUP HEALTH PLANS. (a) Definition of Employer.--Section 3(5) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(5)) is amended by striking the period and inserting ``(which, with respect to a group health plan, shall be determined in accordance with criteria that includes the criteria under section 735).''. (b) Group Health Plans.-- (1) In general.--Part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181 et seq.) is amended by adding at the end the following: ``SEC. 735. DEFINITION OF `EMPLOYER' WITH RESPECT TO GROUP HEALTH PLANS. ``(a) In General.--A group or association of employers that meets the criteria under subsection (b) shall be considered an employer under section 3(5) for purposes of sponsoring a group health plan. ``(b) Requirements.--The requirements under this subsection are each of the following: ``(1) The primary purpose of the group or association may be to offer and provide health coverage to its employer members and their employees, if such group or association has at least 1 substantial business purpose, as described in subsection (c), unrelated to offering and providing health coverage or other employee benefits to its employer members and their employees. ``(2) Each employer member of the group or association participating in the group health plan is a person acting directly as an employer of at least 1 employee who is a participant covered under the plan. ``(3) The group or association has-- ``(A) a formal organizational structure with a governing body; and ``(B) by-laws or other similar indications of formality. ``(4) The functions and activities of the group or association shall be controlled by the employer members of the group or association, and the employer members of the group or association that participate in the group health plan shall control the plan. Control under this paragraph shall be in form and substance. ``(5) The employer members shall have a commonality of interest as described in subsection (d). ``(6)(A) The group or association shall not make health coverage through the group health plan available other than to-- ``(i) an employee of a current employer member of the group or association; ``(ii) a former employee of a current employer member of the group or association who became eligible for coverage under the group health plan when the former employee was an employee of the employer; and ``(iii) a beneficiary of an individual described in clause (i) or (ii), such as a spouse or dependent child. ``(B) Notwithstanding subparagraph (A), the group or association shall not make health coverage through the group health plan available to any individual (or beneficiaries of the individual) for any plan year following the plan year in which the plan determines pursuant to reasonable monitoring procedures described in subsection (f)(2)(C) that the individual ceases to meet the conditions described in subsection (f)(2) for being a working owner (unless the individual again meets those conditions), except as may be required by section 601. ``(7) The group or association, and any health coverage offered by the group or association, shall comply with the nondiscrimination provisions under subsection (e). ``(8) The group or association shall not be a health insurance issuer, or owned or controlled by such a health insurance issuer or by a subsidiary or affiliate of such a health insurance issuer, other than to the extent such entities participate in the group or association in their capacity as employer members of the group or association. ``(c) Substantial Business Purpose.-- ``(1) In general.--For purposes of subsection (b)(1), a substantial business purpose shall exist if the group or association would be a viable entity in the absence of sponsoring an employee benefit plan. ``(2) Business purpose.--For purposes of subsection (b)(1) and paragraph (1), a business purpose shall-- ``(A) include promoting common business interests of the members of the group or association or the common economic interests in a given trade or employer community; and ``(B) not be required to be a for-profit activity. ``(d) Commonality of Interest.-- ``(1) In general.--Subject to paragraph (3), employer members of the group or association shall be treated as having a commonality of interest for purposes of subsection (b)(5) if-- ``(A) the employers are in the same trade, industry, line of business, or profession; or ``(B) each employer has a principal place of business in the same region that does not exceed the boundaries of a single State or a metropolitan area (even if the metropolitan area includes more than 1 State). ``(2) Same trade, industry, or line of business.--In the case of a group or association that is sponsoring a group health plan under this section and that is itself an employer member of the group or association, the group or association shall be deemed for purposes of paragraph (1)(A) to be in the same trade, industry, line of business, or profession, as applicable, as the other employer members of the group or association. ``(3) Nondiscrimination.--The standards under paragraph (1) shall not be implemented in a manner that is subterfuge for discrimination as is prohibited under subsection (e). ``(e) Nondiscrimination.-- ``(1) In general.--A group or association of employers sponsoring a group health plan under this section, and any health coverage sponsored by such group or association, shall comply with each of the following: ``(A) The group or association shall not condition employer membership in the group or association on any health factor of any individual who is or may become eligible to participate in the group health plan sponsored by the group or association. ``(B) The group health plan sponsored by the group or association shall comply with the rules under section 2590.702(b) of title 29, Code of Federal Regulations (as in effect on June 21, 2018), with respect to nondiscrimination in rules for eligibility for benefits, subject to subparagraph (D). ``(C) The group health plan sponsored by the group or association shall comply with the rules under section 2590.702(c) of title 29, Code of Federal Regulations (as in effect on June 21, 2018), with respect to nondiscrimination in premiums or contributions required by any participant or beneficiary for coverage under the plan, subject to subparagraph (D). ``(D) In applying subparagraphs (B) and (C), the group or association may not treat the employees of different employer members of the group or association as distinct groups of similarly situated individuals based on a health factor of 1 or more individuals. ``(2) Definition of health factor.--For purposes of this subsection, the term `health factor' has the meaning given such term in section 2590.702(a) of title 29, Code of Federal Regulations (as in effect on June 21, 2018). ``(f) Dual Treatment of Working Owners as Employers and Employees.-- ``(1) In general.--A person determined in accordance with paragraph (2) to be a working owner of a trade or business may qualify as both an employer and as an employee of the trade or business for purposes of the requirements under subsection (b), including the requirements under paragraphs (2) and (6) of such subsection. ``(2) Working owner.-- ``(A) Eligibility.--A person shall qualify as a `working owner' if a responsible fiduciary of the group health plan reasonably determines that the person-- ``(i) does not have any common law employees; ``(ii) has an ownership right of any nature in a trade or business, whether incorporated or unincorporated, including a partner and other self-employed individual; ``(iii) is earning wages or self-employment income from the trade or business for providing personal services to the trade or business; and ``(iv) either-- ``(I) works on average at least 20 hours per week, or at least 80 hours per month, providing personal services to the person's trade or business; or ``(II) has wages or self-employment income from such trade or business that at least equals the person's cost of coverage for participation by the person, and any covered beneficiaries, in the group health plan sponsored by the group or association in which the person is participating. ``(B) Determination.--The determination under subparagraph (A) shall be made when the person first becomes eligible for coverage under the group health plan. ``(C) Reasonable monitoring procedures.--A responsible fiduciary of the group health plan shall, through reasonable monitoring procedures, periodically confirm the continued eligibility of a person to qualify as a working owner under subparagraph (A) for purposes of meeting the requirements under subsection (b) for the group health plan sponsored under this section. ``(g) Applicability.-- ``(1) Fully insured.--This section shall apply beginning on September 1, 2022, with respect to a group or association of employers sponsoring a group health plan that is fully insured. ``(2) Plans expanding to include broader group.--This section shall apply beginning on January 1, 2022, with respect to a group or association of employers sponsoring a group health plan that-- ``(A) is not fully insured; ``(B) was in existence on June 21, 2018; ``(C) meets the requirements that applied with respect to such plan before June 21, 2018; and ``(D) chooses to be a plan sponsored under this section (and subject to the requirements under subsections (b) through (f)). ``(3) Other association health plans.--This section shall apply beginning on April 1, 2022, with respect to any other group or association of employers sponsoring a group health plan. ``(4) Other criteria in advisory opinions.--The criteria under this section shall not invalidate any criteria provided in an advisory opinion, in effect on or after the date of enactment of the FLEX Act, that the Secretary may use to determine if a group or association of employers is an employer under section 3(5) for purposes of sponsoring a group health plan. ``(h) Determination of Employer or Joint Employer Status.-- ``(1) In general.--Participating in or facilitating a group health plan sponsored by a bona fide group or association of employers pursuant to subsection (a) shall not be construed as establishing an employer or joint employer relationship under any Federal or State law. ``(2) Application of provision.--Paragraph (1) shall apply to a group health plan sponsored or facilitated by a franchisor and any franchisee, by multiple franchisors for the benefit of the employees of such franchisors and their franchisees, by multiple franchisees for the benefit of the employees of such franchisees, by a franchisor whose franchisee or franchisees participate or participates in the plan, or by a person or entity that contracts with any individual as an independent contractor for whom the plan benefits. ``(i) Rule of Construction.--Nothing in this section shall be construed as repealing or otherwise limiting the application of this Act (including section 712 relating to mental health parity) to group health plans and employee welfare benefit plans.''. (2) Clerical amendment.--The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 734 the following new item: ``Sec. 735. Definition of `employer' with respect to group health plans.''. all
"H.R. 743 (Introduced in House)- To direct the United States Postal Service to place within ZIP Code 
92880 any area of Eastvale, California, that is not within such ZIP 
Code, and for other purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr743ih/html/BILLS-117hr743ih.htm	DOC 117th CONGRESS 1st Session H. R. 743 To direct the United States Postal Service to place within ZIP Code 92880 any area of Eastvale, California, that is not within such ZIP Code, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Calvert introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To direct the United States Postal Service to place within ZIP Code 92880 any area of Eastvale, California, that is not within such ZIP Code, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COVERING ENTIRETY OF EASTVALE, CALIFORNIA, WITHIN ZIP CODE 92880. Not later than 180 days after the date of the enactment of this section, the United States Postal Service shall modify the boundary of ZIP Code 92880 to include any portion of Eastvale, California, that is not within such ZIP Code on such date. all
H.R. 744 (Introduced in House) - FEMA Climate Change Preparedness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr744ih/html/BILLS-117hr744ih.htm	DOC 117th CONGRESS 1st Session H. R. 744 To direct the Administrator of the Federal Emergency Management Agency to revise the policy of the Agency to address the threats of climate change, to include considerations of climate change in the strategic plan of the Agency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Clarke of New York (for herself, Mr. Blumenauer, Mr. Cartwright, Mr. Cohen, Mr. Khanna, Ms. Norton, Mr. Johnson of Georgia, Mr. Lowenthal, Mr. Takano, Mr. Grijalva, Mr. Morelle, Ms. Barragan, Ms. Pingree, Ms. Wasserman Schultz, Mr. Welch, Mr. Tonko, Ms. Blunt Rochester, Ms. Brownley, Mr. Carson, Mr. Case, Mr. Casten, Mr. Cleaver, Mr. Espaillat, Mrs. Hayes, Mr. Huffman, Mr. Jones, Mr. Kilmer, Ms. Matsui, Mr. Meeks, Ms. Moore of Wisconsin, Ms. Porter, Mr. Sires, Ms. Velazquez, Mrs. Dingell, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Administrator of the Federal Emergency Management Agency to revise the policy of the Agency to address the threats of climate change, to include considerations of climate change in the strategic plan of the Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Climate Change Preparedness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Under the previous Administration, the term ``climate change'' was intentionally stripped from the Agency's 2018-2022 Strategic Plan, despite the mounting threat posed by climate change as a source of changing and increasing national disaster risks. (2) It is the general consensus of the global scientific community that-- (A) the evidence of climate change is unequivocal; (B) anthropogenic greenhouse gas emissions are the primary cause of climate change; and (C) as a direct result of climate change, sea levels are rising and extreme weather events are becoming more commonplace and severe. (3) The last 7 years have been the warmest years on record since the National Oceanic and Atmospheric Administration began recording global air temperatures in 1895. (4) In 2020, there were a record total of 22 climate disaster events with losses exceeding $1 billion each to affect the United States--amounting to 5 more disasters of such magnitude than each of the previous record years of 2011 and 2017. (5) It is the mission of FEMA to reduce the loss of life and property and protect our institutions from all hazards by leading and supporting the Nation in a comprehensive, risk- based emergency management program of mitigation, preparedness, response, and recovery. (6) It is detrimental to the mission of FEMA, and the Agency's ability to follow its mandate, to explicitly or implicitly deny or ignore the existence of climate change or the implications of such on national security and national emergency management. (7) To fully and effectively carry out its mandate, FEMA must comprehensively assess and incorporate the current and future natural disaster risks and impacts posed by climate change throughout the Agency's policies, plans, programs, strategies, and operations. SEC. 3. STATEMENTS OF INTENT AND POLICY. Section 101 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121) is amended-- (1) in subsection (b)-- (A) in paragraph (5) by striking ``and'' at the end; (B) in paragraph (6) by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ``(7) integrating, to the greatest extent practicable, climate change adaptation planning and actions into the programs, policies, and operations of the Federal Emergency Management Agency; and ``(8) assisting State, local, volunteer, and private partners in preparing for and mitigating the risks posed by climate change as listed in subsection (c)(2), as well as any other climate change risks.''; and (2) by adding at the end the following: ``(c) Climate Change.--It is the policy of the Federal Emergency Management Agency to recognize that-- ``(1) climate change is-- ``(A) an irrefutable, multidimensional, and significant near and long-term threat to United States-- ``(i) homeland security; ``(ii) national security; and ``(iii) national disaster risk; and ``(B) primarily caused by anthropogenic greenhouse gas emissions; and ``(2) as a direct result of climate change, the United States faces the increased threat of-- ``(A) changing, more frequent, and more severe extreme weather events; ``(B) rising natural hazard risk; ``(C) disruptions to or failure of critical infrastructure; ``(D) sea-level rise; ``(E) internal population displacement; ``(F) the spread of life-threatening diseases; ``(G) rising annual disaster costs; and ``(H) disproportionately high risks and impacts to low-income communities, communities of color, Tribal communities, and other frontline communities.''. SEC. 4. DEFINITIONS. Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by adding at the end the following: ``(13) Climate change.--The term `climate change' means the long-term shifts in global and regional climate patterns, and associated phenomena, that are occurring primarily as a result of anthropogenic greenhouse gas emissions. ``(14) Sea-level rise.--The term `sea-level rise' means the local, regional, and global long-term trends in rising average sea levels that are occurring as a direct result of climate change and additional local factors such as land subsidence. ``(15) Extreme weather events.--The term `extreme weather events' means historically rare or severe natural disasters such as heat waves, droughts, floods, tornadoes, and hurricanes. ``(16) Frontline community.--The term `frontline community' means a low-income community, community of color, or Tribal community that is disproportionately impacted or burdened by climate change and associated phenomena.''. SEC. 5. INCLUSION OF CLIMATE CHANGE IN STRATEGIC PLAN. (a) Current Strategic Plan.--Not later than 180 days after the date of enactment of this Act, the Administrator shall revise the 2018-2022 Strategic Plan to-- (1) ensure the text of such plan explicitly mentions climate change, in accordance with the policy of FEMA in section 101 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), as amended by section 3; and (2) address the implications of climate change on homeland security and near- and long-term national disaster risk, including emergency preparedness, response, recovery, and mitigation. (b) Future Strategic Plans.--Any strategic plan subsequent to the 2018-2022 Strategic Plan developed by FEMA shall-- (1) explicitly mention climate change, in accordance with the policy of FEMA under section 101 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), as amended by section 3; and (2) address the implications of climate change on homeland security and near- and long-term national disaster risk, including emergency preparedness, response, recovery, and mitigation, drawing upon findings and recommendations, once available, from the Climate Change Subcommittee described in section 6 and the assessment of climate change risks and preparedness described in section 7. SEC. 6. NATIONAL ADVISORY COUNCIL CLIMATE CHANGE SUBCOMMITTEE. (a) Establishment.--Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish, as a subcommittee of the National Advisory Council, the Climate Change Subcommittee (in this Act referred to as the ``Subcommittee''). (b) Membership.-- (1) In general.--Notwithstanding any other provision of law, the Subcommittee shall consist of-- (A) the Administrator of FEMA; (B) the Director of the United States Geological Survey of the Department of the Interior; (C) the Director of the Bureau of Safety and Environmental Enforcement of the Department of the Interior; (D) the Under Secretary of Commerce for Oceans and Atmosphere; (E) the Commanding Officer of the United States Army Corps of Engineers; (F) the Director of the Office of Homeland Security and Emergency Coordination of the Department of Agriculture; (G) the Executive Director of the Federal Highway Administration of the Department of Transportation; (H) the Executive Director of the Federal Transit Administration of the Department of Transportation; (I) the Under Secretary of Energy of the Department of Energy; (J) the Commissioner of the Federal Housing Administration of the Department of Housing and Urban Development; (K) the Assistant Administrator of the Office of Land and Emergency Management of the Environmental Protection Agency; (L) the Acting Director of the Center for Preparedness and Response of the Department of Health and Human Services; (M) the National Climate Advisor of the Office of Domestic Climate Policy of the Executive Office of the President; (N) the Chair of the Environmental Justice Interagency Council of the Executive Office of the President; (O) such other qualified individuals as the Administrator shall appoint as soon as practicable from among the following-- (i) members of the National Advisory Council that have the requisite technical knowledge and expertise to address climate change threats to homeland security, including-- (I) emergency management and emergency response providers; (II) State, local, and Tribal government officials; (III) climate scientists and experts in natural disaster risk assessment; and (IV) experts in climate change adaption, mitigation, and resilience; and (ii) individuals who have the requisite technical knowledge and expertise to serve on the Climate Change Subcommittee, including at least 1 representative from each of-- (I) an environmental justice organization representing low-income communities and communities of color that are disproportionately impacted by climate change; (II) a Tribal community that is disproportionately impacted by climate change or environmental pollution; (III) an organized labor group within the resilient infrastructure sector; (IV) a private-sector company that designs, develops, or constructs resilient infrastructure, or an organization that represents such companies; (V) a city or county that is directly impacted by coastal sea-level rise; (VI) a State that is directly impacted by coastal sea-level rise; (VII) a city or county that is highly impacted by wildfires or droughts; (VIII) a State that is highly impacted by wildfires or droughts; (IX) scientists with expertise in climate science and natural disaster risk assessment who are faculty members at an accredited university; and (X) experts in homeland security threat assessment and intelligence analysis, especially as it concerns natural disasters; and (P) representatives of such other stakeholders and interested and affected parties as the Administrator determines appropriate. (2) Representation.--The Administrator shall ensure, to the extent practicable, that members of the Subcommittee represent a geographic (including urban, rural, and coastal) and substantive diversity of State, local, and Tribal government officials, emergency managers, and emergency response providers, scientific and technical experts, private-sector companies, and nongovernmental organizations. (c) Responsibilities.--The Subcommittee shall advise the Administrator on how to best incorporate climate change, including risk assessments and strategies for adaptation and mitigation, into and throughout FEMA's policies, plans, programs, and operations, including through the performance of the following duties: (1) Assessment.--Not later than 18 months after the date of enactment of this Act, the Subcommittee shall develop and submit to the Administrator and Congress, and make available to the public, an assessment of all relevant FEMA policies, plans, programs, strategies, and operations with a focus on climate change-related risks, impacts, adaptation, preparedness, mitigation, and resilience. The assessment shall address-- (A) existing and future risks and impacts posed by climate change to States, cities, and communities throughout the United States, including the current and potential impacts of climate change on national emergency management, annual disaster costs, and natural disaster mitigation, preparedness, response, and recovery; (B) the extent to which climate change, including risk assessments, resilience, adaptation, and mitigation, is currently integrated within FEMA policies, plans, programs, strategies, and operations, as well as the extent to which and areas where such integration is lacking; (C) the extent to which climate change, including risk assessments, resilience, adaptation, and mitigation, is currently incorporated into technical assistance, outreach, grant, and loan programs, as well as the extent to which and programs where such integration is lacking; (D) partnerships and coordination with Federal, State, and local agencies and authorities, as well as volunteer and private entities; (E) data collection, management, and analysis; (F) recommendations regarding how FEMA can better incorporate climate change throughout FEMA policies, plans, programs, strategies, and operations, which shall address-- (i) risk assessments, including ways to more comprehensively predict and incorporate current and future risks as they relate to climate change; (ii) strategies to increase climate change adaptation, mitigation, and resilience in communities throughout the United States; (iii) ways to ensure that investments and strategies around climate change adaptation, mitigation, and resilience benefit all communities, especially frontline communities; (iv) critical information, communication, and policy gaps, barriers, and challenges; (v) technical assistance, outreach, grant, and loan programs, including ways that FEMA can use and expand such programs to increase climate change preparedness throughout the emergency management community, and strengthen climate change adaptation, mitigation, and resilience across the United States, particularly in frontline communities; (vi) coordination with all relevant partners, including Federal, State, and local agencies and authorities, as well as private entities and volunteers; (vii) monitoring, recording, and analyzing FEMA actions, data management, and budget allocations to help advance climate resilience; (viii) methodologies for integrating and disseminating scientific knowledge of projected climate change impacts and risks, and other relevant data and information, into policies, guidance, and public communications; (ix) platforms for sharing best practices, information, and lessons learned with the national emergency management community and general public, including public web pages, webinars, and workshops; (x) FEMA's 2018-2022 Strategic Plan, and ways for FEMA to better incorporate climate change into all future such plans; and (xi) any other matters, as the Administrator determines to be appropriate; and (G) timeframes for implementing any such recommendations that do not require congressional action, and the identification of any such recommendations that require congressional action. (2) Ongoing duties.--Upon request of the Administrator, the Subcommittee shall, on an ongoing basis-- (A) review any relevant Agency policies, plans, programs, strategies, and operations, and make any necessary recommendations thereof, regarding climate change; (B) support the Administrator in incorporating and implementing findings and recommendations from the assessment described in paragraph (1) into all relevant Agency policies, plans, programs, strategies, and operations, including the assessment of climate change risks and preparedness described in section 7; and (C) perform any other relevant duties, as the Administrator determines to be appropriate. (d) Public Meetings.--In carrying out its duties under this section, the Subcommittee shall-- (1) consult with stakeholders through not less than 2 public meetings each year, the total of which not less than 3 shall be during the time in which the Subcommittee is conducting the assessment described in subsection (c)(1); and (2) seek input from all stakeholder interests including State and local representatives, environmental and climate justice organizations, private industry representatives, advocacy groups, planning and resilience organizations, labor representatives, and representatives from frontline communities. (e) Compensation and Expenses.--Any non-federally employed member of the Subcommittee, when attending meetings of the Subcommittee or when otherwise engaged in the business of the Subcommittee, shall receive-- (1) compensation at a rate fixed by the Secretary of Homeland Security, not exceeding the daily equivalent of the current rate of basic pay in effect for GS-15 of the General Schedule under section 5332 of title 5, United States Code, including travel time; and (2) travel or transportation expenses under section 5703 of title 5, United States Code. (f) Chair.--The Administrator shall serve as the Chair of the Subcommittee. (g) Staff.-- (1) FEMA.--Upon request of the Subcommittee, the Administrator may detail, on a non-reimbursable basis, personnel of FEMA to assist the Subcommittee in carrying out its duties. (2) Other federal agencies.--Upon request of the Subcommittee, any other Federal agency that is a member of the Subcommittee may detail, on a nonreimbursable basis, personnel to assist the Subcommittee in carrying out its duties. (h) Powers.--In carrying out this section, the Subcommittee may hold hearings, receive evidence and assistance, provide information, conduct research, and author reports, as the Subcommittee considers appropriate. (i) Termination.--The Subcommittee shall terminate not later than 3 years after the submission of the report required under subsection (c)(1). (j) Updates and Implementation.-- (1) In general.--Beginning not later than 90 days after the submission of the assessment under subsection (c)(1), the Administrator shall-- (A) coordinate the implementation of the recommendations, and actions to address the findings, as described in such assessment, where appropriate; and (B) provide updates annually thereafter, until the date that is 1 year after the date on which the Subcommittee terminates, to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate containing-- (i) the implementation status of the findings and recommendations of the assessment; and (ii) any other findings and recommendations that the Subcommittee may provide in the course of its duties. (2) Findings.--Not later than 2 years after the date of enactment of this Act, and annually thereafter until the termination of the Subcommittee, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives, submit to the Committee on Homeland Security and Governmental Affairs of the Senate, and make available to the public a report on the actions taken by the Administrator to incorporate and implement the findings and recommendations from the assessment described in subsection (c)(1), and any other findings and recommendations that the Subcommittee may provide, into all relevant Agency policies, plans, programs, strategies, and operations. SEC. 7. ASSESSMENT OF CLIMATE CHANGE RISKS AND PREPAREDNESS. (a) In General.--Not later than 4 years after the date of enactment of this Act, and every 4 years thereafter, the Administrator shall publish as a report, submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate, and make available to Congress and the public, a comprehensive assessment of climate change risks and preparedness, which shall-- (1) incorporate and expand upon the findings and recommendations made by the Subcommittee; (2) identify, predict, and assess existing and future natural disaster risks and impacts posed by climate change to States, cities, and communities throughout the United States, including the current and potential impact to annual disaster, mitigation, and insurance costs, as well as to natural disaster mitigation, adaptation, preparedness, response, and recovery capabilities and efforts; (3) identify, predict, and assess risks and impacts to frontline communities, particularly low-income communities, communities of color, and Tribal communities; (4) assess the current state of preparedness throughout the emergency management community, and across all levels of government, in relation to the expected natural disaster risks and impacts posed by climate change; (5) identify steps taken by FEMA to integrate climate change into all relevant Agency policies, plans, programs, strategies, and operations; (6) identify measures taken by FEMA to increase climate change resilience, adaptation, and mitigation throughout the United States, and to increase overall preparedness of the entire emergency management community; (7) provide recommendations and best practices for how FEMA, all relevant partners, and the national emergency management community can better prepare for, mitigate, and adapt to the present and future national disaster risks and impacts posed by climate change, including specific recommendations and best practices for increasing climate change resilience, adaptation, and mitigation in frontline communities; (8) describe climate change mitigation, adaptation, and resilience methods adopted in no fewer than 5 communities across the United States, including at least-- (A) 1 urban community; (B) 1 rural community; (C) 1 coastal community; and (D) 1 frontline community; and (9) incorporate any other components and sections as the Administrator determines appropriate. (b) Methodology.--Not later than 3 years after the date of enactment of this Act, the Secretary shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the methodology that will be used to conduct the analysis and produce the assessment required under subsection (a). SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of FEMA. (2) Agency; fema.--The terms ``Agency'' and ``FEMA'' mean the Federal Emergency Management Agency. (3) Climate change.--The term ``climate change'' means the long-term shifts in global and regional climate patterns, and associated phenomena, that are occurring primarily as a result of anthropogenic greenhouse gas emissions. (4) Extreme weather events.--The term ``extreme weather events'' means historically rare or severe natural disasters such as heat waves, droughts, floods, tornadoes, and hurricanes. (5) Frontline community.--The term ``frontline community'' means a low-income community, community of color, or Tribal community that is disproportionately impacted or burdened by climate change and associated phenomena. (6) Sea-level rise.--The term ``sea-level rise'' means the local, regional, and global long-term trends in rising average sea levels that are occurring as a direct result of climate change and additional local factors such as land subsidence. all
H.R. 745 (Introduced in House) - Fair Access to Credit Scores Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr745ih/html/BILLS-117hr745ih.htm	DOC 117th CONGRESS 1st Session H. R. 745 To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Cohen (for himself, Ms. Norton, and Mr. San Nicolas) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To amend the Fair Credit Reporting Act to require the inclusion of credit scores with free annual credit reports provided to consumers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Credit Scores Act of 2021''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) If the consumer reporting agency is a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis as described in section 603(p), each such agency shall disclose a current credit score generated using the scoring algorithm, formula, model, program, or mechanism that is most frequently used to generate credit scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or other predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information describing the credit score of the consumer with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) by striking ``, a consumer reporting agency'' and all that follows through ``shall include--'' and inserting ``or a risk score, a consumer reporting agency shall supply to the consumer--''; and (ii) by amending subparagraph (A) to read as follows: ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or other predictors relating to the consumer for a period of not less than 1 year beginning on the date on which such information is generated.''; (D) by striking paragraph (7) and redesignating paragraphs (8) and (9) as paragraphs (7) and (8), respectively; and (E) in paragraph (7) (as so redesignated), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612(g) of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (B) by inserting ``and free credit scores'' after ``free credit reports''; and (2) in paragraph (2), by inserting ``or free credit score, as applicable,'' after ``free credit report''. all
H.R. 746 (Introduced in House) - Ensuring Survivor Benefits during COVID–19 Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr746ih/html/BILLS-117hr746ih.htm	DOC 117th CONGRESS 1st Session H. R. 746 To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Davidson (for himself, Mrs. Trahan, Mr. Budd, and Mr. Hern) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To require the Secretary of Veterans Affairs to secure medical opinions for veterans with service-connected disabilities who die from COVID-19 to determine whether their service-connected disabilities were the principal or contributory causes of death, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Survivor Benefits during COVID-19 Act of 2021''. SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-CONNECTED DISABILITIES WHO DIE OF COVID-19. In any case in which a veteran with one or more service-connected disabilities dies, the death certificate identifies Coronavirus Disease 2019 (COVID-19) as the principal or contributory cause of death, the death certificate does not clearly identify any of the service- connected disabilities as the principal or contributory cause of death, and a claim for benefits is filed with respect to the veteran under chapter 13 of title 38, Unites States Code, the Secretary of Veterans Affairs shall secure a medical opinion to determine if a service- connected disability was the principal or contributory cause of death. all
H.R. 747 (Introduced in House) - Access to Technology and Equipment for Same-day Tests Act	https://www.govinfo.gov/content/pkg/BILLS-117hr747ih/html/BILLS-117hr747ih.htm	DOC 117th CONGRESS 1st Session H. R. 747 To amend the Public Health Service Act to authorize grants for acquiring equipment and supplies capable of performing same-day clinical laboratory testing in a point-of-care setting, and to assist laboratories in meeting the cost of acquiring high-throughput equipment, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. DeGette (for herself and Mr. Bucshon) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to authorize grants for acquiring equipment and supplies capable of performing same-day clinical laboratory testing in a point-of-care setting, and to assist laboratories in meeting the cost of acquiring high-throughput equipment, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Technology and Equipment for Same-day Tests Act'' or the ``Access to TESTs Act''. SEC. 2. GRANTS FOR SAME-DAY POINT-OF-CARE TESTING IN COMMUNITIES. Section 2821 of the Public Health Service Act (42 U.S.C. 300hh-31) is amended-- (1) by redesignating subsection (b) as subsection (d); and (2) after making such redesignation, by inserting after subsection (a) the following new subsection: ``(b) Grants for Same-Day Point-of-Care Testing in Communities.-- ``(1) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities to assist such entities in acquiring legally-marketed equipment and supplies capable of performing, storing, and processing same-day clinical laboratory testing, including molecular, serological, and antigen tests, in a point-of-care setting. ``(2) Eligibility.--To be eligible for a grant under paragraph (1), an entity shall-- ``(A) be-- ``(i) a hospital; ``(ii) a primary care facility; ``(iii) a clinic; ``(iv) a pharmacy; ``(v) a physician; or ``(vi) such other type of health care provider as the Secretary may determine for purposes of this section; ``(B) be in compliance with section 353 (commonly referred to as the `Clinical Laboratory Improvement Amendments of 1988'); and ``(C) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(3) Amount of grant.--The amount of a grant under paragraph (1) may not exceed $20,000. ``(4) Priority.--In awarding grants under paragraph (1), the Secretary shall give highest priority to eligible entities providing services to-- ``(A) underserved populations in rural areas; and ``(B) medically underserved populations (as defined in section 330(b)(3)).''. SEC. 3. GRANTS FOR LABORATORIES TO ACQUIRE HIGH-THROUGHPUT DIAGNOSTIC EQUIPMENT. Section 2821 of the Public Health Service Act (42 U.S.C. 300hh-31) is amended by inserting after subsection (b) (as added by section 2) the following new subsection: ``(c) Grants for Laboratories To Acquire High-Throughput Diagnostic Equipment.-- ``(1) Grants.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities to assist such entities in purchasing high-throughput diagnostic equipment and related supplies to administer, store, and process molecular, serological, and antigen tests. ``(2) Eligibility.--To be eligible for a grant under paragraph (1), an entity shall-- ``(A) be-- ``(i) a State, local, or Tribal public health laboratory; ``(ii) a laboratory within a public health laboratory network coordinated or managed by the Centers for Disease Control and Prevention; ``(iii) a laboratory not described in clause (i) or (ii) that the Secretary determines (at the Secretary's discretion) provides population-based testing for the prevention and control of infectious, communicable, genetic, or chronic diseases; or ``(iv) a consortium of 2 or more entities described in any of clauses (i) through (iii); and ``(B) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(3) Amount of grant.--The amount of a grant under paragraph (1) may not exceed $2,000,000, except in the case of eligible entity described in paragraph (2)(A)(iv). ``(4) High-throughput diagnostic equipment defined.--In this subsection, the term `high-throughput diagnostic equipment' means legally-marketed equipment capable of performing multichannel analysis for use in clinical laboratory testing, including molecular, serological, and antigen tests.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Section 2821(d) of the Public Health Service Act (42 U.S.C. 300hh- 31(d)) (as redesignated by section 2) is amended to read as follows: (1) by striking ``There are authorized to be appropriated to carry out this section'' and inserting the following: ``(1) In general.--There is authorized to be appropriated to carry out subsection (a)''; and (2) by adding at the end, the following: ``(2) Authorization of appropriations.-- ``(A) Testing grants.--For carrying out subsection (b), there is authorized to be appropriated $500,000,000 for fiscal year 2021, to remain available until expended. ``(B) Equipment grants.--For carrying out subsection (c), there is authorized to be appropriated $250,000,000 for fiscal year 2021, to remain available until expended. ``(C) Administrative expenses.--Of the total amount made available to carry out subsections (b) and (c) for any fiscal year, the Secretary may not use more than 5 percent of such amount for the expenses of administering such subsections.''. all
H.R. 748 (Introduced in House) - Ethan's Law	https://www.govinfo.gov/content/pkg/BILLS-117hr748ih/html/BILLS-117hr748ih.htm	DOC 117th CONGRESS 1st Session H. R. 748 To amend chapter 44 of title 18, United States Code, to require the safe storage of firearms, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. DeLauro (for herself, Mr. Larson of Connecticut, Mrs. Hayes, Mr. Courtney, and Mr. Himes) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend chapter 44 of title 18, United States Code, to require the safe storage of firearms, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``Ethan's Law''. SEC. 2. FINDINGS. Congress find the following: (1) An estimated 4,600,000 minors in the United States live in homes with at least 1 unsecured firearm. (2) Seventy-three percent of children under the age of 10 living in homes with firearms reported knowing the location of their parents' firearms. Thirty-six percent of those children reported handling their parents' unsecured firearms. (3) The presence of unsecured firearms in the home increases the risk of unintentional and intentional shootings. Over 75 percent of firearms used in youth suicide attempts and unintentional firearm injuries were stored in the residence of the victim, a relative, or a friend. (4) The United States Secret Service and the Department of Education report that in 65 percent of deadly school shootings the attacker obtained the firearm from his or her own home or that of a relative. (5) In the last decade, nearly 2,000,000 firearms have been reported stolen. In 2016 alone, 238,000 firearms were reported stolen in the United States. Between 2010 and 2016, police recovered more than 23,000 stolen firearms across jurisdictions that were used to commit kidnappings, armed robberies, sexual assaults, murders, and other violent crimes. (6) Higher levels of neighborhood gun violence drive depopulation, discourages commercial activity, and decreases property values, resulting in fewer business establishments, fewer jobs, lower home values, and lower home ownership rates. (7) The negative economic impact of gun violence in communities is tied directly to the national economy and interstate commerce. (8) Congress has the power under the interstate commerce clause and other provisions of the Constitution of the United States to enact measures ensuring firearms are securely stored. SEC. 3. SECURE GUN STORAGE OR SAFETY DEVICE. Section 922(z) of title 18, United States Code, is amended by adding at the end the following: ``(4) Secure gun storage by owners.-- ``(A) Offense.-- ``(i) In general.--Except as provided in clause (ii), it shall be unlawful for a person to store or keep any firearm that has moved in, or that has otherwise affected, interstate or foreign commerce on the premises of a residence under the control of the person if the person knows, or reasonably should know, that-- ``(I) a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor; or ``(II) a resident of the residence is ineligible to possess a firearm under Federal, State, or local law. ``(ii) Exception.--Clause (i) shall not apply to a person if the person-- ``(I) keeps the firearm-- ``(aa) secure using a secure gun storage or safety device; or ``(bb) in a location which a reasonable person would believe to be secure; or ``(II) carries the firearm on his or her person or within such close proximity thereto that the person can readily retrieve and use the firearm as if the person carried the firearm on his or her person. ``(B) Penalty.-- ``(i) In general.--Any person who violates subparagraph (A) shall be fined $500 per violation. ``(ii) Enhanced penalty.--If a person violates subparagraph (A) and a minor or a resident who is ineligible to possess a firearm under Federal, State, or local law obtains the firearm and causes injury or death to such minor, resident, or any other individual, the person shall be fined under this title, imprisoned for not more than 5 years, or both. ``(iii) Forfeiture of improperly stored firearm.--Any firearm stored in violation of subparagraph (A) shall be subject to seizure and forfeiture in accordance with the procedures described in section 924(d). ``(C) Minor defined.--In this paragraph, the term `minor' means an individual who is less than 18 years of age.''. SEC. 4. FIREARM SAFE STORAGE PROGRAM. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following: ``PART OO--FIREARM SAFE STORAGE PROGRAM ``SEC. 3051. FIREARM SAFE STORAGE PROGRAM. ``(a) In General.--The Assistant Attorney General shall make grants to an eligible State or Indian Tribe to assist the State or Indian Tribe in carrying out the provisions of any State or Tribal law that is functionally identical to section 922(z)(4) of title 18, United States Code. ``(b) Eligible State or Indian Tribe.-- ``(1) In general.--Except as provided in paragraph (2), a State or Indian Tribe shall be eligible to receive grants under this section on and after the date on which the State or Indian Tribe-- ``(A) enacts legislation functionally identical to section 922(z)(4) of title 18, United States Code; and ``(B) the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe reflects the sense of Congress in section 922(z)(4)(D) of such title 18. ``(2) First year eligibility exception.-- ``(A) In general.--A covered State or Indian Tribe shall be eligible to receive a grant under this section during the 1-year period beginning on the date of enactment of this part. ``(B) Covered state or indian tribe.--In this paragraph, the term `covered State or Indian Tribe' means a State or Indian Tribe that, before the date of enactment of this part, enacted legislation-- ``(i) that is functionally identical to section 922(z)(4) of title 18, United States Code; and ``(ii) for which the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe reflects the sense of Congress in section 922(z)(4)(D) of such title 18. ``(c) Use of Funds.--Funds awarded under this section may be used by a State or Indian Tribe to assist law enforcement agencies or the courts of the State or Indian Tribe in enforcing and otherwise facilitating compliance with any State law functionally identical to section 922(z)(4), of title 18, United States Code. ``(d) Application.--An eligible State or Indian Tribe desiring a grant under this section shall submit to the Assistant Attorney General an application at such time, in such manner, and containing or accompanied by such information, as the Assistant Attorney General may reasonably require. ``(e) Incentives.--For each of fiscal years 2021 through 2025, the Attorney General shall give affirmative preference to all Bureau of Justice Assistance discretionary grant applications of a State or Indian Tribe that has enacted legislation-- ``(1) functionally identical to section 922(z)(4) of title 18, United States Code; and ``(2) for which the attorney general of the State (or comparable Tribal official) submits a written certification to the Assistant Attorney General stating that the law of the State or Indian Tribe reflects the sense of Congress in section 922(z)(4)(D) of such title 18.''. SEC. 5. SENSE OF CONGRESS. Paragraph (4) of section 922(z) of title 18, United States Code, as added by section 3, is amended by adding at the end the following: ``(D) Sense of congress relating to liability.--It is the sense of Congress that-- ``(i) failure to comply with subparagraph (A) constitutes negligence under any relevant statute or common law rule; and ``(ii) when a violation of subparagraph (A) is the but-for cause of a harm caused by the discharge of a firearm, such violation should be deemed to be the legal or proximate cause of such harm, regardless of whether such harm was also the result of an intentional tort.''. SEC. 6. SEVERABILITY. If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected. all
H.R. 749 (Introduced in House) - Remote Seafood Employee Meals Tax Parity Act	https://www.govinfo.gov/content/pkg/BILLS-117hr749ih/html/BILLS-117hr749ih.htm	DOC 117th CONGRESS 1st Session H. R. 749 To amend the Internal Revenue Code of 1986 to provide that the 50 percent limitation on the deduction for meal expenses does not apply to meals provided on certain fishing boats or at certain fish processing facilities. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. DelBene (for herself and Mr. Young) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide that the 50 percent limitation on the deduction for meal expenses does not apply to meals provided on certain fishing boats or at certain fish processing facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Seafood Employee Meals Tax Parity Act''. SEC. 2. MEALS PROVIDED ON CERTAIN FISHING BOATS AND AT CERTAIN FISH PROCESSING FACILITIES NOT SUBJECT TO 50 PERCENT LIMITATION. (a) In General.--Section 274(n)(2)(C) of the Internal Revenue Code of 1986 is amended by striking ``or'' at the end of clause (iv) and by adding at the end the following new clause: ``(v) provided-- ``(I) on a fishing vessel, fish processing vessel, or fish tender vessel (as such terms are defined in section 2101 of title 46, United States Code), or ``(II) at a fish processing facility which is located in the United States north of 50 degrees north latitude and which is not located in a metropolitan statistical area (within the meaning of section 143(k)(2)(B)), or''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2017. all
H.R. 74 (Introduced in House) - Protecting Local Communities from Harmful Algal Blooms Act	https://www.govinfo.gov/content/pkg/BILLS-117hr74ih/html/BILLS-117hr74ih.htm	DOC 117th CONGRESS 1st Session H. R. 74 To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to include algal blooms in the definition of a major disaster, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Local Communities from Harmful Algal Blooms Act''. SEC. 2. ALGAL BLOOMS. Section 102(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122) is amended by striking ``or drought'' and inserting ``drought, or algal blooms''. all
H.R. 750 (Introduced in House) - Luke and Alex School Safety Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr750ih/html/BILLS-117hr750ih.htm	DOC 117th CONGRESS 1st Session H. R. 750 To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Diaz-Balart (for himself, Mr. Rutherford, Mr. Deutch, and Mrs. Murphy of Florida) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish the Federal Clearinghouse on School Safety Best Practices, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Luke and Alex School Safety Act of 2021''. SEC. 2. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. (a) In General.--Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by inserting after section 2215 the following: ``SEC. 2216. FEDERAL CLEARINGHOUSE ON SCHOOL SAFETY BEST PRACTICES. ``(a) Establishment.-- ``(1) In general.--The Secretary, in coordination with the Secretary of Education, the Attorney General, and the Secretary of Health and Human Services, shall establish a Federal Clearinghouse on School Safety Best Practices (in this section referred to as the `Clearinghouse') within the Department. ``(2) Purpose.--The Clearinghouse shall be the primary resource of the Federal Government to identify and publish online through SchoolSafety.gov, or any successor website, the best practices and recommendations for school safety for use by State and local educational agencies, institutions of higher education, State and local law enforcement agencies, health professionals, and the general public. ``(3) Personnel.-- ``(A) Assignments.--The Clearinghouse shall be assigned such personnel and resources as the Secretary considers appropriate to carry out this section. ``(B) Detailees.--The Secretary of Education, the Attorney General, and the Secretary of Health and Human Services may detail personnel to the Clearinghouse. ``(4) Exemptions.-- ``(A) Paperwork reduction act.--Chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act') shall not apply to any rulemaking or information collection required under this section. ``(B) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply for the purposes of carrying out this section. ``(b) Clearinghouse Contents.-- ``(1) Consultation.--In identifying the best practices and recommendations for the Clearinghouse, the Secretary may consult with appropriate Federal, State, local, Tribal, private sector, and nongovernmental organizations. ``(2) Criteria for best practices and recommendations.--The best practices and recommendations of the Clearinghouse shall, at a minimum-- ``(A) involve comprehensive school safety measures, including threat prevention, preparedness, protection, mitigation, incident response, and recovery to improve the safety posture of a school upon implementation; ``(B) include any evidence or research rationale supporting the determination of the Clearinghouse that the best practice or recommendation under subparagraph (A) has been shown to have a significant effect on improving the health, safety, and welfare of persons in school settings, including-- ``(i) relevant research that is evidence- based, as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801), supporting the best practice or recommendation; ``(ii) findings and data from previous Federal or State commissions recommending improvements to the safety posture of a school; or ``(iii) other supportive evidence or findings relied upon by the Clearinghouse in determining best practices and recommendations to improve the safety posture of a school upon implementation; and ``(C) include information on Federal grant programs for which implementation of each best practice or recommendation is an eligible use for the program. ``(3) Past commission recommendations.--To the greatest extent practicable, the Clearinghouse shall present, as appropriate, Federal, State, local, Tribal, private sector, and nongovernmental organization issued best practices and recommendations and identify any best practice or recommendation of the Clearinghouse that was previously issued by any such organization or commission. ``(c) Assistance and Training.--The Secretary may produce and publish materials on the Clearinghouse to assist and train educational agencies and law enforcement agencies on the implementation of the best practices and recommendations. ``(d) Continuous Improvement.--The Secretary shall-- ``(1) collect for the purpose of continuous improvement of the Clearinghouse-- ``(A) Clearinghouse data analytics; ``(B) user feedback on the implementation of resources, best practices, and recommendations identified by the Clearinghouse; and ``(C) any evaluations conducted on implementation of the best practices and recommendations of the Clearinghouse; and ``(2) in coordination with the Secretary of Education, the Secretary of Health and Human Services, and the Attorney General-- ``(A) regularly assess and identify Clearinghouse best practices and recommendations for which there are no resources available through Federal Government programs for implementation; and ``(B) establish an external advisory board, which shall be comprised of appropriate State, local, Tribal, private sector, and nongovernmental organizations, including organizations representing parents of elementary and secondary school students, to-- ``(i) provide feedback on the implementation of best practices and recommendations of the Clearinghouse; and ``(ii) propose additional recommendations for best practices for inclusion in the Clearinghouse. ``(e) Parental Assistance.--The Clearinghouse shall produce materials to assist parents and legal guardians of students with identifying relevant Clearinghouse resources related to supporting the implementation of Clearinghouse best practices and recommendations.''. (b) Technical Amendments.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) is amended by inserting after the item relating to section 2215 the following: ``Sec. 2216. Federal Clearinghouse on School Safety Best Practices.''. SEC. 3. NOTIFICATION OF CLEARINGHOUSE. (a) Notification by the Secretary of Education.--The Secretary of Education shall provide written notification of the publication of the Federal Clearinghouse on School Safety Best Practices (referred to in this section and section 4 as the ``Clearinghouse''), as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State and local educational agency; and (2) other Department of Education partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Education. (b) Notification by the Secretary of Homeland Security.--The Secretary of Homeland Security shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State homeland security advisor; (2) every State department of homeland security; and (3) other Department of Homeland Security partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Homeland Security. (c) Notification by the Secretary of Health and Human Services.-- The Secretary of Health and Human Services shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of public health; and (2) other Department of Health and Human Services partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Secretary of Health and Human Services. (d) Notification by the Attorney General.--The Attorney General shall provide written notification of the publication of the Clearinghouse, as required to be established under section 2216 of the Homeland Security Act of 2002, as added by section 2 of this Act, to-- (1) every State department of justice; and (2) other Department of Justice partners in the implementation of the best practices and recommendations of the Clearinghouse, as determined appropriate by the Attorney General. SEC. 4. GRANT PROGRAM REVIEW. (a) Federal Grants and Resources.--The Secretary of Education, the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Attorney General shall each-- (1) review grant programs administered by their respective agency and identify any grant program that may be used to implement best practices and recommendations of the Clearinghouse; (2) identify any best practices and recommendations of the Clearinghouse for which there is not a Federal grant program that may be used for the purposes of implementing the best practice or recommendation as applicable to the agency; and (3) periodically report any findings under paragraph (2) to the appropriate committees of Congress. (b) State Grants and Resources.--The Clearinghouse shall, to the extent practicable, identify, for each State-- (1) each agency responsible for school safety in the State, or any State that does not have such an agency designated; (2) any grant program that may be used for the purposes of implementing best practices and recommendations of the Clearinghouse; and (3) any resources other than grant programs that may be used to assist in implementation of best practices and recommendations of the Clearinghouse. SEC. 5. RULES OF CONSTRUCTION. (a) Waiver of Requirements.--Nothing in this Act or the amendments made by this Act shall be construed to create, satisfy, or waive any requirement under-- (1) title II of the Americans With Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); (2) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); (4) title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); or (5) the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.). (b) Prohibition on Federally Developed, Mandated, or Endorsed Curriculum.--Nothing in this Act or the amendments made by this Act shall be construed to authorize any officer or employee of the Federal Government to engage in an activity otherwise prohibited under section 103(b) of the Department of Education Organization Act (20 U.S.C. 3403(b)). all
H.R. 751 (Introduced in House) - Protecting American Energy Production Act	https://www.govinfo.gov/content/pkg/BILLS-117hr751ih/html/BILLS-117hr751ih.htm	DOC 117th CONGRESS 1st Session H. R. 751 To prohibit a moratorium on the use of hydraulic fracturing. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Duncan (for himself, Mr. Mullin, Mr. Norman, Mr. Weber of Texas, Mr. Newhouse, Mr. Austin Scott of Georgia, Mr. Timmons, Mr. Balderson, Mr. Reschenthaler, Mr. Higgins of Louisiana, Ms. Cheney, Mr. Mann, Mr. Gosar, Mr. Latta, Mr. Lamborn, Mr. Joyce of Pennsylvania, Mr. Biggs, Ms. Herrell, Mr. Gibbs, Mr. Womack, Mr. Stauber, Mr. Ferguson, Mr. Jackson, Mr. LaMalfa, Mr. Calvert, Mr. Perry, Mr. Cawthorn, Mr. Baird, Mr. Armstrong, Mr. Keller, Mr. Carl, Mr. Emmer, Mr. Valadao, Mrs. Boebert, and Mrs. McClain) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit a moratorium on the use of hydraulic fracturing. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Energy Production Act''. SEC. 2. PROTECTING AMERICAN ENERGY PRODUCTION. (a) Sense of Congress.--It is the sense of Congress that States should maintain primacy for the regulation of hydraulic fracturing for oil and natural gas production on State and private lands. (b) Prohibition on Declaration of a Moratorium on Hydraulic Fracturing.--Notwithstanding any other provision of law, the President may not declare a moratorium on the use of hydraulic fracturing unless such moratorium is authorized by an Act of Congress. all
"H.R. 752 (Introduced in House)- To amend the Ethics in Government Act of 1978 to require Federal 
political appointees to sign a binding ethics pledge, and for other 
purposes."	https://www.govinfo.gov/content/pkg/BILLS-117hr752ih/html/BILLS-117hr752ih.htm	DOC 117th CONGRESS 1st Session H. R. 752 To amend the Ethics in Government Act of 1978 to require Federal political appointees to sign a binding ethics pledge, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Gallagher introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To amend the Ethics in Government Act of 1978 to require Federal political appointees to sign a binding ethics pledge, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ETHICS PLEDGE REQUIREMENT FOR SENIOR EXECUTIVE BRANCH EMPLOYEES. The Ethics in Government Act of 1978 (5 U.S.C. App. 101 et seq.) is amended by inserting after title I the following new title: ``TITLE II--ETHICS PLEDGE ``SEC. 201. DEFINITIONS. ``For the purposes of this title, the following definitions apply: ``(1) The term `executive agency' has the meaning given that term in section 105 of title 5, United States Code, and includes the Executive Office of the President, the United States Postal Service, and Postal Regulatory Commission, but does not include the Government Accountability Office. ``(2) The term `appointee' means any full-time, noncareer Presidential or Vice-Presidential appointee, noncareer appointee in the Senior Executive Service (or other SES-type system), or appointee to a position that has been excepted from the competitive service by reason of being of a confidential or policymaking character (Schedule C and other positions excepted under comparable criteria) in an executive agency, but does not include any individual appointed as a member of the Senior Foreign Service or solely as a uniformed service commissioned officer. ``(3) The term `gift'-- ``(A) has the meaning given that term in section 2635.203(b) of title 5, Code of Federal Regulations; ``(B) includes gifts that are solicited or accepted indirectly as defined at section 2635.203(f) of such title; and ``(C) does not include those items excluded by sections 2635.204(b), (c), (e)(1)-(3) and (j)-(l) of such title. ``(4) The term `covered executive branch official' and `lobbyist' have the meanings given those terms in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602). ``(5) The term `registered lobbyist or lobbying organization' means a lobbyist or an organization filing a registration pursuant to section 4(a) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1603(a)), and in the case of an organization filing such a registration, `registered lobbyist' includes each of the lobbyists identified therein. ``(6) The term `lobby' and `lobbied' mean to act or have acted as a registered lobbyist. ``(7) The term `particular matter' has the meaning given that term in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations. ``(8) The term `particular matter involving specific parties' has the meaning set forth in section 2641.201(h) of title 5, Code of Federal Regulations, except that it shall include any meeting or other communication relating to the performance of one's official duties with a former employer or former client, unless the communication applies to a particular matter of general applicability and participation in the meeting or other event is open to all interested parties. ``(9) The term `former employer' is any person for whom the appointee has within the 2 years prior to the date of his or her appointment served as an employee, officer, director, trustee, or general partner, except that `former employer' does not include any executive agency or other entity of the Federal Government, State or local government, the District of Columbia, Native American tribe, or any United States territory or possession. ``(10) The term `former client' is any person for whom the appointee served personally as agent, attorney, or consultant within the 2 years prior to the date of his or her appointment, but excluding instances where the service provided was limited to a speech or similar appearance. It does not include clients of the appointee's former employer to whom the appointee did not personally provide services. ``(11) The term `directly and substantially related to my former employer or former clients' means matters in which the appointee's former employer or a former client is a party or represents a party. ``(12) The term `participate' means to participate personally and substantially. ``(13) The term `post-employment restrictions' includes the provisions and exceptions in section 207(c) of title 18, United States Code, and the implementing regulations. ``(14) The term `Government official' means any employee of the executive branch. ``(15) The term `Administration' means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this title. ``(16) The term `pledge' means the ethics pledge set forth in section 202 of this title. ``(17) All references to provisions of law and regulations shall refer to such provisions as in effect on the date of enactment of this title. ``SEC. 202. ETHICS PLEDGE. ``Each appointee in every executive agency appointed on or after the date of enactment of this section shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee: ```As a condition, and in consideration, of my employment in the United States Government in an appointee position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law: ```(1) I will not, within 5 years after the termination of my employment as an appointee in any executive agency in which I am appointed to serve, engage in lobbying activities with respect to that agency. ```(2) If, upon my departure from the Government, I am covered by the post-employment restrictions on communicating with employees of my former executive agency set forth in section 207(c) of title 18, United States Code, I agree that I will abide by those restrictions. ```(3) In addition to abiding by the limitations of paragraphs 1 and 2, I also agree, upon leaving Government service, not to engage in lobbying activities with respect to any covered executive branch official or noncareer Senior Executive Service appointee for the remainder of the Administration. ```(4) I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2017, would require me to register under the Foreign Agents Registration Act of 1938, as amended. ```(5) I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee. ```(6) I will not for a period of 2 years from the date of my appointment participate in any particular matter involving specific parties that is directly and substantially related to my former employer or former clients, including regulations and contracts. ```(7) If I was a registered lobbyist within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 6, I will not for a period of 2 years after the date of my appointment participate in any particular matter on which I lobbied within the 2 years before the date of my appointment or participate in any particular matter on which I lobbied within the 2 years before the date of my appointment or participate in the specific issue area in which that particular matter falls. ```(8) I agree that any hiring or other employment decisions I make will be based on the candidate's qualifications, competence, and experience. ```(9) I understand that the obligations of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Government service.'. ``SEC. 203. WAIVER. ``(a) The Director of the Office of Management and Budget, in consultation with the Counsel to the President, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director certifies (in writing) that-- ``(1) the literal application of the restriction is inconsistent with the purposes of the restriction; or ``(2) it is in the public interest to grant the waiver. ``(b) Any waiver under this section shall take effect when the certification is signed by the Director. ``(c) For purposes of subsection (a)(2), the public interest shall include exigent circumstances relating to national security or to the economy. De minimis contact with an executive agency shall be cause for a waiver of the restrictions contained in paragraph 3 of the pledge. ``SEC. 204. ADMINISTRATION. ``(a) The head of each executive agency shall, in consultation with the Director of the Office of Government Ethics, establish such rules or procedures (conforming as nearly as practicable to the agency's general ethics rules and procedures, including those relating to designated agency ethics officers) as are necessary or appropriate to ensure-- ``(1) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee; ``(2) that compliance with paragraph 3 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work; ``(3) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and ``(4) compliance with this title within the agency. ``(b) With respect to the Executive Office of the President, the duties set forth in subsection (a) shall be the responsibility of the Counsel to the President. ``(c) The Director of the Office of Government Ethics shall-- ``(1) ensure that the pledge and a copy of this title are made available for use by agencies in fulfilling their duties under subsection (a); ``(2) in consultation with the Attorney General or the Counsel to the President, when appropriate, assist designated agency ethics officers in providing advice to current or former appointees regarding the application of the pledge; ``(3) in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate-- ``(A) to carry out the responsibilities assigned by this subsection; ``(B) to apply the lobbyist gift ban set forth in paragraph 1 of the pledge to all executive branch employees; ``(C) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban; ``(D) to make clear that no person shall have violated the lobbyist gift ban if the person properly disposes of a gift as provided by section 2635.205 of title 5, Code of Federal Regulations; ``(E) to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by their official actions do not affect the integrity of the Government's programs and operations; and ``(F) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph 6 of the pledge is honored by every employee of the executive branch; ``(4) in consultation with the Director of the Office of Management and Budget, report to the President on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure and on steps the executive branch can take to expand to the fullest extent practicable disclosure of such executive branch procurement lobbying and of lobbying for presidential pardons, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation; and ``(5) provide an annual public report on the administration of the pledge and this title. ``(d) The Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban set forth in paragraph 5 of the pledge to all executive branch employees who are involved in the procurement process such that they may not for 2 years after leaving Government service lobby any Government official regarding a Government contract that was under their official responsibility in the last 2 years of their Government service, and to include in the report both immediate action the executive branch can take and, if necessary, recommendations for legislation. ``(e) All pledges signed by appointees, and all waiver certifications with respect thereto, shall be filed with the head of the appointee's agency for permanent retention in the appointee's official personnel folder or equivalent folder. ``SEC. 205. ENFORCEMENT. ``(a) The contractual, fiduciary, and ethical commitments in the pledge are solely enforceable by the United States pursuant to this section by any legally available means, including debarment proceedings within any affected executive agency or judicial civil proceedings for declaratory, injunctive, or monetary relief. ``(b) Any former appointee who is determined, after notice and hearing, by the duly designated authority within any agency, to have violated his or her pledge may be barred from lobbying any officer or employee of that agency for up to 5 years in addition to the time period covered by the pledge. The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement this subsection, which procedures shall include providing for fact-finding and investigation of possible violations of this title and for referrals to the Attorney General for consideration pursuant to subsection (c). ``(c) The Attorney General is authorized-- ``(1) upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate Federal investigative authority to conduct such investigations as may be appropriate; and ``(2) upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee in any United States District Court with jurisdiction to consider the matter. ``(d) In any such civil action, the Attorney General is authorized to request any and all relief authorized by law, including-- ``(1) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former employee in breach of the commitments in the pledge he or she signed under this title; and ``(2) establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of such pledge.''. all
H.R. 753 (Introduced in House) - Serve the People, Not the Swamp Act	https://www.govinfo.gov/content/pkg/BILLS-117hr753ih/html/BILLS-117hr753ih.htm	DOC 117th CONGRESS 1st Session H. R. 753 To prohibit congressional recesses until Congress adopts a concurrent resolution on the budget that results in a balanced Federal budget by the last fiscal year covered by such resolution, to establish a 5-year ban on individuals appointed to Executive Schedule positions and Members of Congress engaging in lobbying activities at the Federal level, to provide for the termination of further retirement coverage for Members of Congress under the Federal Employees Retirement System, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Gallagher (for himself and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on the Budget, Rules, Oversight and Reform, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To prohibit congressional recesses until Congress adopts a concurrent resolution on the budget that results in a balanced Federal budget by the last fiscal year covered by such resolution, to establish a 5-year ban on individuals appointed to Executive Schedule positions and Members of Congress engaging in lobbying activities at the Federal level, to provide for the termination of further retirement coverage for Members of Congress under the Federal Employees Retirement System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Serve the People, Not the Swamp Act''. SEC. 2. HOUSE AND SENATE APPROVAL OF REGULAR APPROPRIATION BILLS. Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsections: ``(g) House and Senate Approval of Regular Appropriation Bills.-- ``(1) Point of order in the house of representatives against adjourning in august until house passage of all appropriation bills.--It shall not be in order in the House of Representatives to consider any resolution providing for an adjournment period of more than three calendar days during the month of August until the House of Representatives has approved annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committee on Appropriations of the House of Representatives for the fiscal year beginning on October 1 of such year. ``(2) Points of order in the house of representatives and senate against adjourning until house and senate passage of all appropriation bills.--Beginning on October 1 of a session of Congress and during the duration of that session, it shall not be in order in the House of Representatives or the Senate to consider any resolution providing for an adjournment period of more than three calendar days for the duration of that session until the annual appropriation bills providing new budget authority under the jurisdiction of all the subcommittees of the Committees on Appropriations of the House of Representatives and the Senate for the fiscal year beginning on October 1 of such year have been presented to the President under section 7 of article I of the Constitution. ``(h) No Congressional Recesses.--Neither the Senate nor the House of Representatives may recess or stand adjourned for a period of longer than 24 hours during any calendar year unless and until Congress has agreed to a concurrent resolution on the budget for the fiscal year beginning on October 1 of that calendar year which concurrent resolution projects a balanced budget for the Government by the last fiscal year covered by that concurrent resolution.''. SEC. 3. 5-YEAR BAN ON LOBBYING BY INDIVIDUALS APPOINTED TO EXECUTIVE SCHEDULE POSITIONS AND MEMBERS OF CONGRESS. (a) Individuals Appointed to Executive Schedule Positions.-- (1) In general.--Section 207(d) of title 18, United States Code, is amended to read as follows: ``(d) Restrictions on Very Senior Personnel of the Executive Branch and Independent Agencies.-- ``(1) Vice president.-- ``(A) Restrictions.--In addition to the restrictions set forth in subsections (a) and (b), any person who serves in the position of Vice President of the United States and who, within 2 years after the termination of that person's service in that position, knowingly makes, with the intent to influence, any communication to or appearance before any person described in subparagraph (B), on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of the executive branch of the United States, shall be punished as provided in section 216 of this title. ``(B) Persons who may not be contacted.--A person described in this subparagraph is-- ``(i) any officer or employee of any department or agency in which the Vice President served within a period of 1 year before the Vice President's service or employment with the United States Government terminated; and ``(ii) any person appointed to a position in the executive branch which is listed in section 5312, 5313, 5314, 5315, or 5316 of title 5. ``(2) Five-year restriction on individuals in executive schedule and equivalent positions.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), and in addition to the restrictions set forth in subsections (a) and (b), any individual employed in a position in the executive branch for which the rate of pay is the rate of pay payable for any level of the Executive Schedule under subchapter II of chapter 53 of title 5 who, within 5 years after the termination of his or her service or employment in such position, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department or agency in the executive branch, on behalf of any other person (except the United States), in connection with any matter on which such person seeks official action by any officer or employee of such department or agency, shall be punished as provided in section 216 of this title. ``(B) Special government employees.--Subparagraph (A) shall not apply to a special Government employee who serves less than 60 days in the 1-year period before his or her service or employment as such employee terminates. ``(C) Waiver.-- ``(i) Authority.--Except as provided in clause (ii), at the request of a department or agency, the Director of the Office of Government Ethics may waive the restrictions under subparagraph (A) with respect to a position, or a category of positions, if the Director determines that-- ``(I) the imposition of the restrictions with respect to the position, or category of positions, would create an undue hardship on the department or agency in obtaining qualified personnel to fill the position, or category of positions; and ``(II) granting the waiver would not create the potential for use of undue influence or unfair advantage. ``(ii) Excluded positions.--The Director of the Office of Government Ethics may not waive the restrictions under subparagraph (A) with respect to-- ``(I) a position in the executive branch (including any independent agency) for which the rate of pay is the rate of pay payable for level I of the Executive Schedule; or ``(II) a position in the Executive Office of the President for which the rate of pay is the rate of pay for level II of the Executive Schedule.''. (2) Technical and conforming amendments.--Section 207 of title 18, United States Code, is amended-- (A) in subsection (c)(2)-- (i) in subparagraph (A)-- (I) by striking clauses (i) and (iii); (II) by redesignating clauses (ii), (iv), and (v) as clauses (i), (ii), and (iii), respectively; and (III) in clause (i), as so redesignated-- (aa) by striking ``which is not referred to in clause (i)'' the first place it appears and inserting ``for which the rate of pay is not specified in or fixed according to subchapter II of chapter 53 of title 5''; and (bb) by striking ``, or, for a period of 2 years'' and all that follows through the end of clause (i) and inserting a comma; and (ii) in subparagraph (C), in the matter preceding clause (i), by striking ``clause (ii) or (iv)'' and inserting ``clause (i) or (ii)''; and (B) in subsection (h)(2), by striking the second sentence. (b) Members of Congress.--Section 207(e)(1) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``2 years'' and inserting ``5 years''; and (2) in subparagraph (B)(i), by striking ``Any person who is a Member of the House of Representatives or an elected officer of the House of Representatives and who, within 1 year after that person leaves office,'' and inserting ``Any person who is a Member of the House of Representatives and who, within 5 years after that person leaves office, or any person who is an elected officer of the House of Representatives and who, within 1 year after that person leaves office,''. (c) Effective Date.--The amendments made by this Act shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves a position to which section 207 of title 18, United States Code, applies (as amended by this Act). SEC. 4. TERMINATION OF RETIREMENT COVERAGE OF MEMBERS OF CONGRESS UNDER FEDERAL EMPLOYEES RETIREMENT SYSTEM. (a) In General.--Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: ``Sec. 8425a. Termination of further retirement coverage of Members of Congress ``(a) In General.--Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section-- ``(1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment-- ``(A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and ``(B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and ``(2) in the case of an individual who first becomes a Member on or after such date of enactment-- ``(A) such Member shall not be subject to this chapter; and ``(B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. ``(b) Prior Rights Not Affected.--Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. ``(c) Right To Participate in Thrift Savings Plan Not Affected.-- Nothing in subsection (a) or (b) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. ``(d) Regulations.-- ``(1) In general.--Any regulations necessary to carry out this section may-- ``(A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and ``(B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). ``(2) Refunds.--Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. ``(e) Exclusions.--For purposes of this section, the term `Member' does not include the Vice President. ``(f) Opt-In for Members.--Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: ``8425a. Termination of further retirement coverage of Members of Congress.''. all
H.R. 754 (Introduced in House) - Protecting Religion from Government Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr754ih/html/BILLS-117hr754ih.htm	DOC 117th CONGRESS 1st Session H. R. 754 To prevent States and local jurisdictions from interfering with services held at houses of worship, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Good of Virginia (for himself, Mr. Lamborn, Mrs. Boebert, Mr. Gaetz, Mr. Rosendale, Mr. Mooney, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prevent States and local jurisdictions from interfering with services held at houses of worship, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Religion from Government Act of 2021''. SEC. 2. PROHIBITION AGAINST INTERFERENCE BY STATE AND LOCAL GOVERNMENTS WITH SERVICES HELD AT HOUSES OF WORSHIP. Consistent with First Amendment to the Constitution of the United States, the government of a State or locality therein may not impose any law or regulation limiting the ability for any house of worship to hold any religious service or celebrate any religious ceremony in person as such house of worship determines is appropriate. SEC. 3. FEDERAL CAUSE OF ACTION TO CHALLENGE STATE AND LOCAL REGULATION OF INTERSTATE COMMERCE. (a) Private Right of Action.--A person, including an individual or religious institution, affected by a law or regulation of a State or unit of local government limiting the ability for any house of worship to hold services in person may bring an action in the appropriate district court to invalidate such a law or regulation. (b) Preliminary Injunction.--Upon a motion of the plaintiff described in subsection (a), the court shall issue a preliminary injunction to preclude the State or unit of local government from enforcing the law or regulation at issue until such time as the court enters a final judgment in the case, unless the State or unit of local government proves by clear and convincing evidence that-- (1) the State or unit of local government is likely to prevail on the merits at trial; and (2) the injunction would cause irreparable harm to the State or unit of local government. (c) Statute of Limitations.--No action shall be maintained under this section unless it is commenced within 10 years after the cause of action arose. all
H.R. 755 (Introduced in House) - Right to Earn a Living Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr755ih/html/BILLS-117hr755ih.htm	DOC 117th CONGRESS 1st Session H. R. 755 To amend the Social Security Act to require a certification that States and units of local governments will not impact the operations of a small business concern to receive funds from the Coronavirus Relief Fund, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Good of Virginia (for himself, Mr. Banks, Mrs. Boebert, Mr. Gaetz, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To amend the Social Security Act to require a certification that States and units of local governments will not impact the operations of a small business concern to receive funds from the Coronavirus Relief Fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Right to Earn a Living Act of 2021''. SEC. 2. CERTIFICATION TO RECEIVE FUNDS FROM CORONAVIRUS RELIEF FUND. Section 601 of the Social Security Act (42 U.S.C. 801) is amended-- (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (2) by inserting after subsection (e) the following new subsection: ``(f) Certification Requirement To Keep Small Business Concerns Open.-- ``(1) In general.--In order to receive a payment under this section, a State or unit of local government shall provide the Secretary with a certification signed by the Chief Executive of such State or unit of local government that such Chief Executive shall not implement an order, without legislative action by the State or unit of local government, that-- ``(A) prevents a small business concern from operating; or ``(B) places limitations on the hours or occupancy of a small business concern. ``(2) Applicability.--The certification required under paragraph (1) shall apply to any receipt of funds after the date of the enactment of the `Right to Earn a Living Act of 2021'.''; and (3) in subsection (h), as redesignated by paragraph (1), by inserting the following new paragraph: ``(6) Small business concern.--The term `small business concern' has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632).''. all
"H.R. 756 (Introduced in House)- To restrict certain Federal assistance benefits to individuals 
verified to be citizens of the United States."	https://www.govinfo.gov/content/pkg/BILLS-117hr756ih/html/BILLS-117hr756ih.htm	DOC 117th CONGRESS 1st Session H. R. 756 To restrict certain Federal assistance benefits to individuals verified to be citizens of the United States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Grothman (for himself, Mr. Duncan, Mr. Posey, and Mrs. Lesko) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To restrict certain Federal assistance benefits to individuals verified to be citizens of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RESTRICTING CERTAIN FEDERAL ASSISTANCE BENEFITS TO INDIVIDUALS VERIFIED TO BE CITIZENS. (a) Restriction.-- (1) In general.--Notwithstanding any other provision of law, an individual is not eligible for a Federal assistance benefit (as defined in paragraph (2) of this subsection) unless the individual meets the citizenship requirement specified in subsection (b)(1). (2) Federal assistance benefit.--In this section, the term ``Federal assistance benefit'' means, with respect to an individual, assistance furnished to the individual (or to the household, family, or other similar unit that includes the individual) under any Federal assistance program (as defined in subsection (e)), including any benefit furnished under a grant or contract made pursuant to any such program, but does not include an entity receiving a grant or contract under such a program if the grant or contract is used to furnish assistance other than to the entity receiving the grant or contract. (b) Citizenship, Attestation, and Citizenship Verification Requirements.-- (1) Citizenship requirement.--The citizenship requirement specified in this paragraph, with respect to an individual, is that the individual must meet-- (A) the attestation requirement of paragraph (2); and (B) the citizenship verification requirement of paragraph (3). (2) Attestation requirement.--An individual meets the attestation requirement of this paragraph for a Federal assistance benefit if the individual has filed, in connection with the application for the benefit (or, in the case of an individual who is a recipient of the benefit, filed with the provider of the benefit), a declaration in writing (under penalty of perjury and in a form and manner specified under subsection (c)(3)) that the individual is a citizen or national of the United States. (3) Citizenship verification requirement.-- (A) In general.--An individual meets the citizenship verification requirement of this paragraph-- (i) in connection with an application for a Federal assistance benefit, if the individual-- (I) furnishes in connection with the application satisfactory documentary evidence (as defined in section 1903(x)(3) of the Social Security Act (42 U.S.C. 1396b(x)(3)) of United States citizenship or nationality; (II) furnishes in connection with the application a photographic identity document described in section 274A(b)(1)(D) of the Immigration and Nationality Act; and (III) furnishes in connection with the application the individual's name and social security account number and has the name and number and citizenship or nationality status confirmed in accordance with subparagraphs (B)(ii) and (C)(ii) as being consistent with information in the records maintained by the Commissioner of Social Security or the Secretary of Homeland Security, respectively; or (ii) in the case of a recipient of a Federal assistance benefit, if the individual furnishes to the provider of the benefit the documentary evidence and other information described in clause (i), and has the individual's name and social security account number and social security number and citizenship or nationality status confirmed as described in clause (i)(III). (B) Confirmation through social security.-- (i) Transmittal of ssn to ssa.--An entity that is furnished a name, social security account number, and other identity information for an individual under subparagraph (A) shall submit the name and number to the Commissioner of Social Security for confirmation under clause (ii) of this subparagraph. (ii) Confirmation or nonconfirmation by ssa.--Upon receipt of a submittal under clause (i) from an entity, the Commissioner shall compare the information submitted with the information in the records maintained by the Commissioner and transmit to the entity either a confirmation or nonconfirmation as to whether the number submitted is valid and whether the information in the Social Security Administration indicates that the individual is a citizen or national of the United States. (C) Confirmation through dhs.-- (i) Transmittal to dhs.--An entity that is furnished a name and social security account number and other identity information for an individual under subparagraph (A) of this paragraph shall submit the name and number and such other identifying information as the Director may require under subsection (c)(3)(B) respecting the individual to the Secretary of Homeland Security for confirmation under clause (ii) of this subparagraph. (ii) Review and confirmation or nonconfirmation by dhs.--Upon receipt of a submittal under clause (i) from an entity, the Secretary of Homeland Security shall transmit to the entity either a confirmation or nonconfirmation as to whether the information in the records of the Department of Homeland Security indicates that the individual is a citizen or national of the United States. (D) Verification through save program.--An entity that is furnished a name and social security account number and other identity information for an individual under subparagraph (A) shall verify that the individual is not included as a noncitizen in the Systematic Alien Verification for Entitlements (SAVE) Program of the Department of Homeland Security. (E) Notice.--In the case of an individual who does not provide the documentary evidence referred to in subparagraph (A) or who does not receive confirmation of United States citizenship or nationality under subparagraph (B)(ii) or (C)(ii), the entity processing the application for, or providing, the Federal assistance benefit involved shall notify the individual of the individual's ineligibility under this section with respect to the benefit, and of the opportunity of the individual to appeal the ineligibility determination. (F) Appeals process.--The head of any department or agency of the Federal Government who is administering a Federal benefit program shall provide a process through which an individual may appeal a determination made under this Act that an individual is ineligible for a Federal assistance benefit. (4) National defined.--In this section, the term ``national'' means a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)). (c) Additional Rules; Administration.-- (1) Treatment of certain families and households.--In the case of a Federal assistance benefit which is made available based on-- (A) eligibility for a child, the child shall be treated as meeting the citizenship requirement of subsection (b)(1) if the child, or a parent or legal guardian of the child, meets the requirement; and (B) eligibility for a household or other family unit, the members of the household or family unit shall be treated as meeting the citizenship requirement if any individual who is treated as a member of the household or family unit meets the requirement, except that-- (i) if the program under which the benefit is furnished is the program for supportive housing for the elderly under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), the citizenship requirement must be met by an elderly individual who is a member of the household; and (ii) if the program under which the benefit is furnished is the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013), the citizenship requirement must be met by a disabled individual who is a member of the household. (2) Satisfaction of requirement.--Once an individual meets the citizenship requirement of subsection (b)(1) with respect to a Federal assistance benefit, the individual shall be treated as continuing to meet the requirement for the benefit so long as the individual otherwise remains continuously eligible for the benefit. (3) General administration.-- (A) In general.--The Director of the Office of Management and Budget may issue such regulations and guidance as may be required to carry out this section. (B) Specifications of declaration form and verification process.--Not later than 30 days after the date of the enactment of this Act, the Director shall specify the form and manner of the declaration of citizenship form under subsection (b)(2) and the method for verifying citizenship to be used under subsection (b)(3) consistent with the following: (i) The declaration form shall be based on the declaration form used for purposes of section 1137(d)(1)(A) of the Social Security Act (42 U.S.C. 1320b-7(d)(1)(A)). (ii) The verification process described in subparagraphs (A), (B), and (C) of subsection (b)(3) shall be based on the process used for purposes of paragraphs (1) and (2) of section 1902(ee) of the Social Security Act (42 U.S.C. 1396a(ee)). (4) Superseding other citizenship-related eligibility requirements.--The provisions of this section supersede any provisions of law relating to the eligibility for Federal assistance benefits of individuals based on citizenship, nationality, or immigration status, unless the Director of the Office of Management and Budget determines that the provisions of the law are more restrictive than the requirements of this section. (d) Disqualification for Willful and Repeated Noncompliance.-- (1) In general.--If the Director of the Office of Management and Budget determines that an entity providing a Federal assistance benefit has willfully and repeatedly furnished the benefit to individuals who have not met the citizenship requirement of subsection (b)(1) or has willfully and repeatedly failed to submit information as required under subparagraph (B)(i) or (C)(i) of subsection (b)(3), the entity is disqualified from furnishing the benefit, and the Director shall add the name of the entity to the List of Excluded Individuals/Entities, until the Director determines that any such benefit furnished to any such individual has been recovered. (2) Monitoring of programs by the inspectors general.--The Inspector General for the respective Federal Department or agency with primary responsibility for a Federal assistance program shall provide for regular reports on compliance of the entities furnishing benefits under the program in applying subsection (a). (e) Federal Assistance Program Defined.--In this section, the term ``Federal assistance program''-- (1) means any provision of Federal law (other than the Internal Revenue Code of 1986 or any other Federal law pertaining to taxation) that authorizes a benefit to be furnished for which eligibility is based in whole or in part on the income or resources of the beneficiary; and (2) includes any provision of the Social Security Act that authorizes a benefit to be furnished. (f) Effective Date.-- (1) In general.--Subsection (a) shall apply to determinations (including redeterminations) of eligibility made on or after the date that is 1 year after the date of the enactment of this Act. (2) Transition rule.--In no case shall an individual remain eligible for a Federal assistance benefit after the date that is 2 years after the date of the enactment of this Act without satisfying the citizenship requirement of subsection (b)(1). all
H.R. 757 (Introduced in House) - Protecting New Mexico’s Jobs and Public Education System Act	https://www.govinfo.gov/content/pkg/BILLS-117hr757ih/html/BILLS-117hr757ih.htm	DOC 117th CONGRESS 1st Session H. R. 757 To exempt the State of New Mexico from certain provisions of certain orders related to oil and gas drilling. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Herrell introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To exempt the State of New Mexico from certain provisions of certain orders related to oil and gas drilling. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting New Mexico's Jobs and Public Education System Act''. SEC. 2. EXEMPTION OF NEW MEXICO FROM CERTAIN PROVISIONS OF CERTAIN ORDERS RELATED TO OIL AND GAS DRILLING. The following provisions shall not apply to the State of New Mexico: (1) Section 208 of Executive Order 14008 on Tackling the Climate Crisis at Home and Abroad, issued on January 27, 2021 (relating to a pause on new oil and natural gas leases on public lands). (2) Section 3(g) of order number 3395 issued by the Acting Secretary of the Interior and dated January 20, 2021 (related to any lease, contract, or other agreement, or permit regarding fossil fuel extraction). all
H.R. 758 (Introduced in House) - Vaccinate Americans, Not Terrorists Act	https://www.govinfo.gov/content/pkg/BILLS-117hr758ih/html/BILLS-117hr758ih.htm	DOC 117th CONGRESS 1st Session H. R. 758 To limit the availability of COVID-19 vaccines for certain individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mrs. Hinson (for herself, Ms. Stefanik, Mr. Smith of Missouri, Mr. Bilirakis, Mr. Crawford, Mr. Cline, Mr. Jackson, Mr. DesJarlais, Mr. Posey, Mr. Weber of Texas, Mr. Bishop of North Carolina, Mrs. Boebert, Mr. Davidson, Mr. Carter of Georgia, Mr. Keller, Mr. Cawthorn, Mr. Baird, and Mrs. Bice of Oklahoma) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To limit the availability of COVID-19 vaccines for certain individuals detained at United States Naval Station, Guantanamo Bay, Cuba, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Vaccinate Americans, Not Terrorists Act''. SEC. 2. LIMITATION ON COVID-19 VACCINE FOR CERTAIN INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA. (a) Limitation for Individuals Detained.--No Federal Government entity may provide a COVID-19 vaccine to an individual detained in the custody or under the control of the Department of Defense pursuant to the law of war or a proceeding under chapter 47A of title 10, United States Code, at United States Naval Station, Guantanamo Bay, Cuba, if-- (1) there is any outstanding request from a State to the Federal Government for the COVID-19 vaccine; (2) there is any outstanding request from a State to the Federal Government for pandemic relief relating to COVID-19; or (3) any member of the Armed Forces (including the reserve components) performing active service who intends to receive the COVID-19 vaccine has not yet received such vaccine. (b) Definitions.--In this section: (1) The term ``COVID-19 vaccine'' means any vaccine approved or authorized by the Food and Drug Administration for the corornavirus disease 2019 (COVID-19). (2) The term ``State'' includes each of the several States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe. all
H.R. 759 (Introduced in House) - Asylum Reform and Border Protection Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr759ih/html/BILLS-117hr759ih.htm	DOC 117th CONGRESS 1st Session H. R. 759 To modify the treatment of unaccompanied alien children who are in Federal custody by reason of their immigration status, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Johnson of Louisiana introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To modify the treatment of unaccompanied alien children who are in Federal custody by reason of their immigration status, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asylum Reform and Border Protection Act of 2021''. SEC. 2. CLARIFICATION OF INTENT REGARDING TAXPAYER-PROVIDED COUNSEL. Section 292 of the Immigration and Nationality Act (8 U.S.C. 1362) is amended-- (1) by striking ``In any removal proceedings before an immigration judge and in any appeal proceedings before the Attorney General from any such removal proceedings'' and inserting ``In any removal proceedings before an immigration judge, or any other immigration proceedings before the Attorney General, the Secretary of Homeland Security, or any appeal of such a proceeding''; (2) by striking ``(at no expense to the Government)''; and (3) by adding at the end the following: ``Notwithstanding any other provision of law, in no instance shall the Government bear any expense for counsel for any person in proceedings described in this section.''. SEC. 3. CREDIBLE FEAR INTERVIEWS. Section 235(b)(1)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by striking ``claim'' and all that follows and inserting ``claim, as determined pursuant to section 208(b)(1)(B)(iii) and such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208, and it is more probable than not that the statements made by, and on behalf of, the alien in support of the alien's claim are true.''. SEC. 4. RECORDING EXPEDITED REMOVAL AND CREDIBLE FEAR INTERVIEWS. (a) In General.--The Secretary of Homeland Security shall establish quality assurance procedures and take steps to effectively ensure that questions by employees of the Department of Homeland Security exercising expedited removal authority under section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) are asked in a uniform manner, to the extent possible, and that both these questions and the answers provided in response to them are recorded in a uniform fashion. (b) Factors Relating to Sworn Statements.--Where practicable, any sworn or signed written statement taken of an alien as part of the record of a proceeding under section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) shall be accompanied by a recording of the interview which served as the basis for that sworn statement. (c) Interpreters.--The Secretary shall ensure that a competent interpreter, not affiliated with the government of the country from which the alien may claim asylum, is used when the interviewing officer does not speak a language understood by the alien. (d) Recordings in Immigration Proceedings.--There shall be an audio or audio visual recording of interviews of aliens subject to expedited removal. The recording shall be included in the record of proceeding and shall be considered as evidence in any further proceedings involving the alien. (e) No Private Right of Action.--Nothing in this section shall be construed to create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable in law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does this section create any right of review in any administrative, judicial, or other proceeding. SEC. 5. PAROLE REFORM. (a) In General.--Paragraph (5) of section 212(d) of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is amended to read as follows: ``(5) Humanitarian and significant public interest parole.-- ``(A) In general.--Subject to the provisions of this paragraph and section 214(f)(2), the Secretary of Homeland Security, in the sole discretion of the Secretary of Homeland Security, may on an individual case-by-case basis, and not according to eligibility criteria describing an entire class of potential parole recipients, parole an alien into the United States temporarily, under such conditions as the Secretary of Homeland Security may prescribe, only-- ``(i) an alien not present in the United States for an urgent humanitarian reason (as described under subparagraph (B)); ``(ii) an alien not present in the United States for a reason deemed strictly in the significant public interest (as described under subparagraph (C)); or ``(iii) an alien who-- ``(I) is present in the United States without lawful immigration status; ``(II) is the beneficiary of a pending or approved petition under section 203(a); ``(III) is not otherwise inadmissible or deportable; and ``(IV) is the spouse or minor child of a member of the Armed Forces serving on active duty at the request of the member of the Armed Forces. ``(B) Humanitarian parole.--The Secretary of Homeland Security may parole an alien based on an urgent humanitarian reason described in this subparagraph only if-- ``(i) the alien has a medical emergency and the alien cannot obtain necessary treatment in the foreign state in which the alien is residing or the medical emergency is life- threatening and there is insufficient time for the alien to be admitted through the normal visa process; ``(ii) the alien is the parent or legal guardian of an alien described in clause (i), if the alien described in clause (i) is a minor; ``(iii) the alien is needed in the United States in order to donate an organ or other tissue for transplant into a close family member and there is insufficient time for the alien to be admitted through the normal visa process; ``(iv) the alien has a close family member in the United States whose death is imminent and the alien could not arrive in the United States in time to see such family member alive if the alien were to be admitted through the normal visa process; ``(v) the alien is an adopted child with an urgent medical condition, who is in the legal custody of the petitioner for a final adoption- related visa, and whose medical treatment is required prior to the expected award of a final adoption-related visa; ``(vi) the alien is a lawful applicant for adjustment of status under section 245; or ``(vii) the alien was-- ``(I) lawfully granted status under section 208; ``(II) lawfully admitted under section 207; or ``(III) granted withholding of removal under section 241(b)(3). ``(C) Significant public interest parole.--The Secretary of Homeland Security may parole an alien based on a reason deemed strictly in the significant public interest described in this subparagraph only if the alien has assisted (or will assist, whether knowingly or not) the United States Government in a matter, such as a criminal investigation, espionage, or other similar law enforcement activity, including a civil litigation matter requiring the alien's presence, and either the alien's presence in the United States is required by the Government or the alien's life would be threatened if the alien were not permitted to come to the United States. Only a matter described in this subparagraph shall qualify for purposes of this subparagraph, and no other matter may qualify. ``(D) Limitation on the use of parole authority.-- The Secretary of Homeland Security may not use the parole authority under this paragraph-- ``(i) to circumvent immigration policy established by law to admit classes of aliens who do not qualify for admission; or ``(ii) to supplement established immigration categories without congressional approval. ``(E) Parole not an admission.--Parole of an alien under this paragraph shall not be considered an admission of the alien into the United States. When the purposes of the parole of an alien have been served, as determined by the Secretary of Homeland Security, the alien shall immediately return or be returned to the custody from which the alien was paroled and the alien shall be considered for admission to the United States on the same basis as other similarly situated applicants for admission. ``(F) Report to congress.--Not later than 90 days after the end of each fiscal year, the Secretary of Homeland Security shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate describing the number and categories of aliens paroled into the United States under this paragraph. Each such report shall contain information and data concerning the number and categories of aliens paroled, the duration of parole, and the current status of aliens paroled during the preceding fiscal year.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act. SEC. 6. MODIFICATIONS TO PREFERENTIAL AVAILABILITY FOR ASYLUM FOR UNACCOMPANIED ALIEN MINORS. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by striking subparagraph (E). SEC. 7. SAFE THIRD COUNTRY. Section 208(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)(A)) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and (2) by striking ``removed, pursuant to a bilateral or multilateral agreement, to'' and inserting ``removed to''. SEC. 8. WITHHOLDING OF REMOVAL. Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended-- (1) by adding at the end of subparagraph (A) the following: ``The burden of proof shall be on the alien to establish that the alien's life or freedom would be threatened in that country, and that race, religion, nationality, membership in a particular social group, or political opinion would be at least one central reason for such threat.''; and (2) in subparagraph (C), by striking ``In determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph (A),'' and inserting ``For purposes of this paragraph,''. SEC. 9. FIRM RESETTLEMENT. Section 208(b)(2)(A)(vi) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(vi)) is amended by striking ``States.'' and inserting ``States, which shall be considered demonstrated by evidence that the alien can live in such country (in any legal status) without fear of persecution.''. SEC. 10. TERMINATION OF ASYLUM STATUS PURSUANT TO RETURN TO HOME COUNTRY. (a) In General.--Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)) is amended by adding at the end the following new paragraph: ``(3) Termination of status pursuant to return to home country.-- ``(A) In general.--Except as provided in subparagraphs (B) and (C), any alien who is granted asylum status under this Act, who, absent changed country conditions, subsequently returns to the country of such alien's nationality or, in the case of an alien having no nationality, returns to any country in which such alien last habitually resided, and who applied for such status because of persecution or a well-founded fear of persecution in that country on account of race, religion, nationality, membership in a particular social group, or political opinion, shall have his or her status terminated. ``(B) Waiver.--The Secretary has discretion to waive subparagraph (A) if it is established to the satisfaction of the Secretary that the alien had a compelling reason for the return. The waiver shall be sought prior to departure from the United States or upon return.''. (b) Conforming Amendment.--Section 208(c)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(c)(3)) is amended by inserting after ``paragraph (2)'' the following: ``or (4)''. SEC. 11. NOTICE CONCERNING FRIVOLOUS ASYLUM APPLICATIONS. (a) In General.--Section 208(d)(4) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(4)) is amended-- (1) in the matter preceding subparagraph (A), by inserting ``the Secretary of Homeland Security or'' before ``the Attorney General''; (2) in subparagraph (A), by striking ``and of the consequences, under paragraph (6), of knowingly filing a frivolous application for asylum''; (3) in subparagraph (B), by striking the period and inserting ``; and''; (4) by adding at the end the following: ``(C) ensure that a written warning appears on the asylum application advising the alien of the consequences of filing a frivolous application.''; and (5) by inserting after subparagraph (C) the following: ``The written warning referred to in subparagraph (C) shall serve as notice to the alien of the consequences of filing a frivolous application.''. (b) Conforming Amendment.--Section 208(d)(6) of the Immigration and Nationality Act (8 U.S.C. 1158(d)(6)) is amended-- (1) by striking ``If the Attorney General'' and inserting ``(A) In general.--If the Department of Homeland Security or the Attorney General''; (2) by striking ``paragraph (4)(A)'' in subparagraph (A) (as designated in paragraph (1) of this subsection) and inserting ``paragraph (4)(C)''; and (3) by adding at the end the following: ``(B) Determination.--An application may be found `frivolous' if it is determined-- ``(i) to be totally insufficient in substance such that it is clear that the applicant knowingly filed the application without intending to pursue the merits of his or her asylum claim solely-- ``(I) to delay removal from the United States; ``(II) to seek employment authorization as an applicant for asylum pursuant to regulations issued pursuant to paragraph (2); or ``(III) for applicants whom have not yet had removal proceedings initiated against them under section 239, to seek issuance of a notice to appear in order to pursue cancellation of removal under section 240A(b); or ``(ii) that any of its material elements is deliberately fabricated. ``(C) Limitation on determination.--A determination under subparagraph (B) shall only be made if the decision maker is satisfied that the applicant, during the course of the proceedings, has had sufficient opportunity to account for any discrepancies or implausible aspects of the claim. For purposes of this section, a finding that an alien filed a frivolous asylum application shall not preclude the alien from seeking withholding of removal under section 241(b)(3).''. SEC. 12. TERMINATION OF ASYLUM STATUS IN REMOVAL PROCEEDINGS. Section 208(c) of the Immigration and Nationality Act (8 U.S.C. 1158(c)), as amended by this Act, is further amended-- (1) in paragraph (2)-- (A) in the matter preceding subparagraph (A), by inserting ``the Secretary of Homeland Security or'' before ``the Attorney General''; and (B) in subparagraph (C), by striking ``, pursuant to a bilateral or multilateral agreement,''; and (2) by adding at the end the following: ``(5) Timing for consideration of termination of asylum status in removal proceedings.--If an alien's asylum status is subject to termination under paragraph (2) or (4), the immigration judge shall first determine whether the conditions specified under that paragraph have been met, and if so, terminate the alien's asylum status before considering whether the alien is eligible for adjustment of status under section 209.''. SEC. 13. LIMITATION ON ELIGIBILITY FOR ASYLUM BASED ON GENERALIZED VIOLENCE. Section 208(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(B)) is amended by adding at the end the following: ``(iii) Limitation on eligibility based on generalized violence.--An alien is not eligible for asylum under this section, or withholding of removal under section 241, based on any of the following circumstances: ``(I) Being, or having been, a member of a criminal gang. ``(II) Participating, or having participated, in the activities of a criminal gang. ``(III) Having been recruited into, or having a fear of being recruited into, membership of, or the activities of, a criminal gang. ``(IV) Having been, or having a fear of being, the victim of a crime committed by a member of a criminal gang, or otherwise having been, or having a fear of being, the victim of a crime in the alien's home country, unless the main motivating factor for the commission of the crime, or the fear of being the victim of a crime, is related to the alien's race, religion, national origin, or political opinion.''. SEC. 14. MEMBERSHIP IN A PARTICULAR SOCIAL GROUP DEFINED. Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following: ``(53) The term `membership in a particular social group' means membership in a group that is-- ``(A) composed of members who share a common immutable characteristic; ``(B) defined with particularity; and ``(C) socially distinct within the society in question.''. SEC. 15. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. (a) Asylum Credibility Determinations.--Section 208(b)(1)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting after ``all relevant factors'' the following: ``, including statements made to, and investigative reports prepared by, immigration authorities and other government officials''. (b) Relief for Removal Credibility Determinations.--Section 240(c)(4)(C) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended by inserting after ``all relevant factors'' the following: ``, including statements made to, and investigative reports prepared by, immigration authorities and other government officials''. SEC. 16. CLARIFICATION FOR CONDUCT OF ROGUE FOREIGN OFFICIALS. (a) Asylum Applications.--Section 208(b)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(B)), as amended by this Act, is further amended by adding at the end the following: ``(iv) Rogue foreign government officials.--The burden of proof under paragraph (1)(B) may not be established based on the conduct of rogue foreign government officials acting outside the scope of their official capacity.''. (b) Countries to Which an Alien May Be Removed.--Section 241(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1231(b)(3)) is amended by adding at the end the following: ``(C) Special rule.--The burden of proof for relief under this paragraph may not be established based on the conduct of rogue foreign government officials acting outside the scope of their official capacity.''. SEC. 17. TECHNICAL AMENDMENTS. Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended-- (1) in subsection (a)-- (A) in paragraph (2)(D), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General''; and (B) in paragraph (3), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General''; (2) in subsection (b)(2), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General'' each place such term appears; (3) in subsection (c)-- (A) in paragraph (1), by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (B) in paragraph (3), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General''; and (4) in subsection (d)-- (A) in paragraph (1), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General'' each place such term appears; (B) in paragraph (2), by striking ``Attorney General'' and inserting ``Secretary of Homeland Security''; (C) in paragraph (3), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General'' each place such term appears; (D) in paragraph (5)-- (i) in subparagraph (A), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General''; and (ii) in subparagraph (B), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General''; and (E) in paragraph (6), by inserting ``Secretary of Homeland Security or the'' before ``Attorney General'' each place such term appears. all
H.R. 75 (Introduced in House) - No Pay Raise for Congress Act	https://www.govinfo.gov/content/pkg/BILLS-117hr75ih/html/BILLS-117hr75ih.htm	DOC 117th CONGRESS 1st Session H. R. 75 To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Buchanan introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceeded receipts of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Pay Raise for Congress Act''. SEC. 2. AMENDMENTS TO THE LEGISLATIVE REORGANIZATION ACT OF 1946. (a) In General.--Section 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501(2)) is amended by adding at the end the following: ``(C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office.''. (b) Technical Amendment.--Section 601(a)(2)(A) of such Act (2 U.S.C. 4501(2)(A)) is amended by striking ``Subject to subparagraph (B),'' and inserting ``Subject to subparagraphs (B) and (C),''. all
H.R. 760 (Introduced in House) - Securing Our Borders and Wilderness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr760ih/html/BILLS-117hr760ih.htm	DOC 117th CONGRESS 1st Session H. R. 760 To amend the Wilderness Act to authorize U.S. Customs and Border Protection to conduct certain activities to secure the international land borders of the United States, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Johnson of Louisiana introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Wilderness Act to authorize U.S. Customs and Border Protection to conduct certain activities to secure the international land borders of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Our Borders and Wilderness Act''. SEC. 2. U.S. CUSTOMS AND BORDER PROTECTION ACCESS TO WILDERNESS AREAS. Section 4(d) of the Wilderness Act (16 U.S.C. 1133) is amended by adding at the end the following: ``(8) U.S. customs and border protection access.-- ``(A) Permissible activities.--Notwithstanding any other provision of this Act, the Commissioner of U.S. Customs and Border Protection may conduct the following activities within a wilderness area for the purpose of securing the international land borders of the United States: ``(i) Access structures, installations, and roads. ``(ii) Execute search and rescue operations. ``(iii) Use motor vehicles, motorboats, and motorized equipment. ``(iv) Conduct patrols on foot and on horseback. ``(v) Notwithstanding any other law or regulation relating specifically to use of aircraft in a wilderness area or in the airspace above a wilderness area, use aircraft, including approach, landing, and takeoff. ``(vi) Deploy tactical infrastructure and technology. ``(vii) Construct and maintain roads and physical barriers. ``(B) Protection of wilderness character.--Any activity conducted by the Commissioner of U.S. Customs and Border Protection under subparagraph (A) shall be carried out in a manner that, to the greatest extent possible, protects the wilderness character of the area.''. all
H.R. 761 (Introduced in House) - Marriage Access for People with Special Abilities Act	https://www.govinfo.gov/content/pkg/BILLS-117hr761ih/html/BILLS-117hr761ih.htm	DOC 117th CONGRESS 1st Session H. R. 761 To amend title XVI of the Social Security Act to provide that the supplemental security income benefits of adults with intellectual or developmental disabilities shall not be reduced by reason of marriage. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Katko (for himself and Mr. Keating) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend title XVI of the Social Security Act to provide that the supplemental security income benefits of adults with intellectual or developmental disabilities shall not be reduced by reason of marriage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Marriage Access for People with Special Abilities Act'' or the ``MAPSA Act''. SEC. 2. SUPPLEMENTAL SECURITY INCOME BENEFITS. (a) Eligibility for Benefits.--Section 1611(a) of the Social Security Act (42 U.S.C. 1382(a)) is amended by adding at the end the following: ``(4) Notwithstanding paragraphs (1) and (2) of this subsection, each individual who has attained 18 years of age, who is diagnosed with an intellectual or developmental disability, whose income, other than income excluded pursuant to section 1612(b), is at not more than the rate in effect for purposes of paragraph (1)(A) of this subsection, and whose resources, other than resources excluded pursuant to section 1613(a), are not more than the applicable amount in effect for purposes of paragraph (3)(B) of this subsection, shall be an eligible individual for purposes of this title.''. (b) Amount of Benefit.--Section 1611(b) of such Act (42 U.S.C. 1382(b)) is amended by adding at the end the following: ``(3) Notwithstanding paragraphs (1) and (2) of this subsection, the benefit under this title for an individual described in subsection (a)(4) of this section, whether or not the individual has an eligible spouse, shall be payable at the rate in effect for purposes of such paragraph (1), reduced by the amount of income, not excluded pursuant to section 1612(b), of the individual.''. (c) Income and Resource Deeming Rules.--Section 1614(f) of such Act (42 U.S.C. 1382c(f)) is amended by adding at the end the following: ``(5) Notwithstanding paragraph (1) of this subsection, for purposes of determining eligibility for, and the amount of, benefits for an individual described in section 1611(a)(4) who is married, the income and resources of the individual is deemed to not include any income or resources of the spouse.''. all
H.R. 762 (Introduced in House) - States Afforded Funding Extensions To Oppose Driving Recklessly In Vehicular Engagements Act	https://www.govinfo.gov/content/pkg/BILLS-117hr762ih/html/BILLS-117hr762ih.htm	DOC 117th CONGRESS 1st Session H. R. 762 To amend title 23, United States Code, to require the Secretary of Transportation to provide States applying for distracted driving grants an explanation of the eligibility decision with respect to such State, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Krishnamoorthi (for himself, Mr. Cohen, and Mr. Gallagher) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 23, United States Code, to require the Secretary of Transportation to provide States applying for distracted driving grants an explanation of the eligibility decision with respect to such State, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``States Afforded Funding Extensions To Oppose Driving Recklessly In Vehicular Engagements Act'' or the ``SAFE TO DRIVE Act''. SEC. 2. NATIONAL PRIORITY SAFETY PROGRAMS. Section 405(e) of title 23, United States Code, is amended-- (1) by striking paragraph (6) and inserting the following: ``(6) Additional distracted driving grants.-- ``(A) In general.--Notwithstanding paragraph (1), the Secretary shall use up to 25 percent of the amounts available for grants under this subsection to award grants to any State otherwise ineligible under this subsection that certifies that such State has enacted a statute that-- ``(i) is applicable to drivers of all ages; ``(ii) makes a violation of the statute a primary offense; and ``(iii) prohibits-- ``(I) texting, as defined in paragraph (10)(E); or ``(II) non-navigational viewing of a personal wireless communication device. ``(B) Use of grant funds.--Notwithstanding paragraph (5), amounts received by a State under subparagraph (A) may be used for activities related to the enforcement of distracted driving laws, including for public information and awareness purposes.''; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: ``(9) Determinations of grant eligibility.-- ``(A) Explanation of determination.--In making an eligibility determination in granting or denying an application of a State for a grant under this subsection, the Secretary shall provide each applicant State with an explanation of such determination, including an explanation of whether each section of the statute submitted with such application met or did not meet the requirements for a grant under this subsection. ``(B) Availability of determination.--Not later than 60 days after granting or denying an application for a grant under this subsection, the Secretary shall make the determination under subparagraph (A) publicly available on the Department of Transportation website.''. all
H.R. 763 (Introduced in House) - Child and Animal Abuse Detection and Reporting Act	https://www.govinfo.gov/content/pkg/BILLS-117hr763ih/html/BILLS-117hr763ih.htm	DOC 117th CONGRESS 1st Session H. R. 763 To amend the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services to include data on animal abuse in the national clearinghouse for information relating to child abuse and neglect. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Kuster (for herself, Mr. Katko, Mrs. Axne, Mr. Fitzpatrick, Mr. Blumenauer, Mr. Joyce of Ohio, Ms. Brownley, Mr. Cartwright, Mr. Cohen, Ms. DelBene, Mr. DeSaulnier, Mr. Hastings, Mr. Jones, Mr. Keating, Mr. Khanna, Mr. Lieu, Mr. Lowenthal, Ms. Meng, Mr. Neal, Mr. Pappas, Ms. Porter, Ms. Roybal-Allard, Mr. Suozzi, and Mr. Vargas) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Child Abuse Prevention and Treatment Act to direct the Secretary of Health and Human Services to include data on animal abuse in the national clearinghouse for information relating to child abuse and neglect. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child and Animal Abuse Detection and Reporting Act''. SEC. 2. INCLUSION OF DATA ON ANIMAL ABUSE IN NATIONAL CLEARINGHOUSE FOR INFORMATION RELATING TO CHILD ABUSE AND NEGLECT. Section 103(b)(6) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5104(b)(6)) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by adding ``and'' at the end; and (3) by adding at the end the following: ``(D) the incidence of any such cases related to animal abuse (including any act or failure to act, which results in undue pain, suffering, or death to any animal, without regard to whether such act or failure to act is a violation of State or local cruelty law);''. all
H.R. 764 (Introduced in House) - Keep Our Promise to America’s Children and Teachers Act	https://www.govinfo.gov/content/pkg/BILLS-117hr764ih/html/BILLS-117hr764ih.htm	DOC 117th CONGRESS 1st Session H. R. 764 To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mrs. Lee of Nevada (for herself, Mrs. Beatty, Mr. Blumenauer, Ms. Bonamici, Mr. Carbajal, Mr. Casten, Ms. Craig, Mr. DeFazio, Mr. DeSaulnier, Ms. Barragan, Mr. Gallego, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Mr. Himes, Ms. Norton, Mr. Horsford, Ms. Jackson Lee, Mr. Johnson of Georgia, Mr. Kilmer, Ms. Lee of California, Mr. Lowenthal, Mr. Lynch, Ms. Moore of Wisconsin, Mr. Nadler, Mrs. Napolitano, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Payne, Ms. Porter, Mr. San Nicolas, Mr. Sarbanes, Mr. Sires, Mr. Smith of Washington, Ms. Stevens, Ms. Strickland, Ms. Titus, Ms. Tlaib, Mr. Trone, Mr. Vargas, and Ms. Velazquez) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To require full funding of part A of title I of the Elementary and Secondary Education Act of 1965 and the Individuals with Disabilities Education Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Children and Teachers Act'' or the ``Keep Our PACT Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Children are our Nation's future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) The coronavirus pandemic has amplified the deep funding inequities that exist in our education system. (4) Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) helps address inequity in education in school districts across the United States to provide a high-quality education to every student. (5) The Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) guarantees all children with disabilities a first-rate education. (6) The amendments made to such Act by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108- 446; 118 Stat. 2647) committed Congress to providing 40 percent of the national current average per-pupil expenditure for students with disabilities. (7) A promise made must be a promise kept. SEC. 3. MANDATORY FUNDING OF PART A OF TITLE I OF ESEA. (a) Definition of Fiscal Year 2021 Part A of Title I Appropriation.--In this section, the term ``fiscal year 2021 part A of title I appropriation'' means the amount appropriated for fiscal year 2021 for programs under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.). (b) Funding.--There are appropriated, out of any money in the Treasury not otherwise appropriated-- (1) for fiscal year 2022, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $18,325,069,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (2) for fiscal year 2023, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $20,306,717,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (3) for fiscal year 2024, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $22,502,657,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (4) for fiscal year 2025, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $24,936,064,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (5) for fiscal year 2026, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $27,632,615,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (6) for fiscal year 2027, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $30,620,768,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (7) for fiscal year 2028, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $33,932,056,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (8) for fiscal year 2029, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $37,601,422,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; (9) for fiscal year 2030, an amount that equals the difference between-- (A) the fiscal year 2021 part A of title I appropriation; and (B) $41,667,588,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater; and (10) for fiscal year 2031, $46,173,464,000 or the full amount authorized to be appropriated for the fiscal year for those programs, whichever is greater. SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $14,723,530,000 or 15.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, and there are hereby appropriated $1,786,072,756 or 1.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2022, which shall become available for obligation on July 1, 2022, and shall remain available through September 30, 2023; ``(B) $16,756,178,000 or 17.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, and there are hereby appropriated $3,818,720,700 or 3.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2023, which shall become available for obligation on July 1, 2023, and shall remain available through September 30, 2024; ``(C) $19,069,442,000 or 18.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $6,131,984,620 or 6.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; ``(D) $21,702,062,000 or 21.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, and there are hereby appropriated $8,764,604,783 or 8.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, which shall become available for obligation on July 1, 2025, and shall remain available through September 30, 2026; ``(E) $24,698,127,000 or 23.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, and there are hereby appropriated $11,760,669,721 or 11.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, which shall become available for obligation on July 1, 2026, and shall remain available through September 30, 2027; ``(F) $28,107,812,000 or 26.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, and there are hereby appropriated $15,170,354,582 or 14.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, which shall become available for obligation on July 1, 2027, and shall remain available through September 30, 2028; ``(G) $31,988,218,000 or 29.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, and there are hereby appropriated $19,050,761,411 or 17.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, which shall become available for obligation on July 1, 2028, and shall remain available through September 30, 2029; ``(H) $36,404,332,000 or 32.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, and there are hereby appropriated $23,466,875,446 or 20.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, which shall become available for obligation on July 1, 2029, and shall remain available through September 30, 2030; ``(I) $41,430,110,000 or 35.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, and there are hereby appropriated $28,492,653,417 or 24.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, which shall become available for obligation on July 1, 2030, and shall remain available through September 30, 2031; and ``(J) $47,149,719,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031 and each subsequent fiscal year, and there are hereby appropriated $47,149,719,000 or 40 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031 and each subsequent fiscal year, which-- ``(i) shall become available for obligation with respect to fiscal year 2031 on July 1, 2031, and shall remain available through September 30, 2032; and ``(ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of-- ``(A) the total number of children with disabilities in all States who-- ``(i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and ``(ii) were aged-- ``(I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and ``(II) 6 through 21; and ``(B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.''. all
H.R. 765 (Introduced in House) - VA Medical Center Facility Transparency Act	https://www.govinfo.gov/content/pkg/BILLS-117hr765ih/html/BILLS-117hr765ih.htm	DOC 117th CONGRESS 1st Session H. R. 765 To require directors of medical centers of the Department of Veterans Affairs to submit annual fact sheets to the Secretary of Veterans Affairs on the status of such facilities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mrs. Lesko (for herself, Mrs. Lee of Nevada, Mr. Luetkemeyer, and Mrs. Hartzler) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To require directors of medical centers of the Department of Veterans Affairs to submit annual fact sheets to the Secretary of Veterans Affairs on the status of such facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Medical Center Facility Transparency Act''. SEC. 2. INFORMATION ON MEDICAL FACILITIES OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) Fact Sheets.--The Secretary of Veterans Affairs shall ensure that each director of a medical center of the Department of Veterans Affairs submits to the Secretary, the Committees on Veterans' Affairs of the House of Representatives and the Senate, and the appropriate Members of Congress the following: (1) An annual concise, easy-to-read fact sheet containing, with respect to the year covered by the fact sheet: (A) Statistics regarding-- (i) the number of veterans who were treated at a medical facility of the Department under the jurisdiction of the director; (ii) the number of appointments conducted by each such facility; (iii) the most common illnesses or conditions for which treatment was furnished; (iv) the satisfaction of veterans who were treated at each such facility; (v) how each such facility compares with other facilities with respect to the satisfaction of veterans who were treated at the facilities; and (vi) other matters the director determines appropriate. (B) A description of any successes or achievements experienced by such facilities, including-- (i) actions taken to improve such facilities; (ii) actions taken to improve the access to and quality of the care provided at such facilities; and (iii) any other accomplishments determined appropriate by the director. (C) A description of special areas of emphasis or specialization by such facilities, such as efforts aimed at meeting the needs of women veterans, suicide prevention and other mental health initiatives, opioid abuse prevention and pain management, or special efforts on veteran homelessness, or other matters as the director determines appropriate. (D) A description of matters concerning such facilities that have previously been identified as deficient and needing remediation that are still in need of such remediation. (2) A quarterly fact sheet containing, with respect to the quarter covered by the fact sheet, the average wait time for veterans to receive treatment at the medical facility of the Department under the jurisdiction of the director. (b) Availability.--Each fact sheet under subsection (a) shall be made publicly available-- (1) in a physical form at the relevant medical facility of the Department in a conspicuous location; and (2) in an electronic form on the internet website of the facility. (c) Timing of Fact Sheets.--The fact sheets under subsection (a) shall be submitted during the first fiscal year beginning after the date that is 180 days after the date of the enactment of this Act and not less frequently than-- (1) once each fiscal year thereafter with respect to the annual fact sheet under paragraph (1) of such subsection; and (2) once each fiscal quarter thereafter with respect to the quarterly fact sheet under paragraph (2) of such subsection. (d) Standardized Format.--The Secretary shall establish a standard format for the fact sheets under subsection (a) to ensure that each director of a medical center of the Department carries out such subsection in a consistent manner. (e) Definitions.--In this section: (1) The term ``appropriate Members of Congress'' means, with respect to a medical facility of the Department of Veterans Affairs about which a fact sheet is submitted under subsection (a), the Senators representing the State, and the Member, Delegate, or Resident Commissioner of the House of Representatives representing the district, that includes the facility. (2) The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. all
H.R. 766 (Introduced in House) - Taking Account of Institutions with Low Operation Risk Act	https://www.govinfo.gov/content/pkg/BILLS-117hr766ih/html/BILLS-117hr766ih.htm	DOC 117th CONGRESS 1st Session H. R. 766 To require the Federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Loudermilk (for himself, Mr. Posey, Mr. Barr, Mr. Williams of Texas, Mr. Hill, Mr. Zeldin, Mr. Budd, Mr. Kustoff, Mr. Hollingsworth, Mr. Rose, Mr. Steil, and Mrs. Wagner) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To require the Federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taking Account of Institutions with Low Operation Risk Act'' or the ``TAILOR Act''. SEC. 2. REGULATIONS APPROPRIATE TO BUSINESS MODELS. (a) In General.--For any regulatory action occurring after the date of the enactment of this Act, each Federal financial institutions regulatory agency shall-- (1) take into consideration the risk profile and business models of each type of institution or class of institutions subject to the regulatory action; (2) determine the necessity, appropriateness, and impact of applying such regulatory action to such institutions or classes of institutions; and (3) tailor such regulatory action in a manner that limits the regulatory compliance impact, cost, liability risk, and other burdens, as appropriate, for the risk profile and business model of the institution or class of institutions involved. (b) Other Considerations.--In carrying out the requirements of subsection (a), each Federal financial institutions regulatory agency shall consider-- (1) the impact that such regulatory action, both by itself and in conjunction with the aggregate effect of other regulations, has on the ability of the applicable institution or class of institutions to serve evolving and diverse customer needs; (2) the potential impact of examination manuals, regulatory actions taken with respect to third-party service providers, or other regulatory directives that may be in conflict or inconsistent with the tailoring of such regulatory action described in subsection (a)(3); and (3) the underlying policy objectives of the regulatory action and statutory scheme involved. (c) Notice of Proposed and Final Rulemaking.--Each Federal financial institutions regulatory agency shall disclose in every notice of proposed rulemaking and in any final rulemaking for a regulatory action how the agency has applied subsections (a) and (b). (d) Reports to Congress.-- (1) Individual agency reports.-- (A) In general.--Not later than 1 year after the date of the enactment of this Act and annually thereafter, each Federal financial institutions regulatory agency shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the specific actions taken to tailor the regulatory actions of the agency pursuant to the requirements of this Act. (B) Appearance before the committees.--The head of each Federal financial institution regulatory agency shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate after each report is made pursuant to subparagraph (A) to testify on the contents of such report. (2) FIEC reports.-- (A) In general.--Not later than 3 months after each report is submitted under paragraph (1), the Financial Institutions Examination Council shall report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on-- (i) the extent to which regulatory actions tailored pursuant to this Act result in different treatment of similarly situated institutions of diverse charter types; and (ii) the reasons for such differential treatment. (B) Appearance before the committees.--The Chairman of the Financial Institutions Examination Council shall appear before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate after each report is made pursuant to subparagraph (A) to testify on the contents of such report. (e) Limited Look-Back Application.-- (1) In general.--Each Federal financial institutions regulatory agency shall conduct a review of all regulations adopted during the period beginning on the date that is seven years before the date of the introduction of this Act in the House of Representatives and ending on the date of the enactment of this Act, and apply the requirements of this Act to such regulations. (2) Revision.--If the application of the requirements of this Act to any such regulation requires such regulation to be revised, the applicable Federal financial institutions regulatory agency shall revise such regulation within 3 years of the enactment of this Act. (f) Definitions.--In this Act, the following definitions shall apply: (1) Federal financial institutions regulatory agencies.-- The term ``Federal financial institutions regulatory agencies'' means the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration, and the Bureau of Consumer Financial Protection. (2) Regulatory action.--The term ``regulatory action'' means any proposed, interim, or final rule or regulation, guidance, or published interpretation. all
"H.R. 767 (Engrossed in House) -An Act To designate the facility of the United States Postal Service 
located at 40 Fulton Street in Middletown, New York, as the Benjamin A. 
Gilman Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr767eh/html/BILLS-117hr767eh.htm	DOC 117th CONGRESS 1st Session H. R. 767 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENJAMIN A. GILMAN POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, shall be known and designated as the ``Benjamin A. Gilman Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Benjamin A. Gilman Post Office Building''. Passed the House of Representatives October 20, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 767 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''.
"H.R. 767 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 40 Fulton Street in Middletown, New York, as the Benjamin A. Gilman 
Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr767ih/html/BILLS-117hr767ih.htm	DOC 117th CONGRESS 1st Session H. R. 767 To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Sean Patrick Maloney of New York (for himself, Mr. Morelle, Mr. Jeffries, Mr. Nadler, Mr. Zeldin, Mr. Espaillat, Mrs. Carolyn B. Maloney of New York, Miss Rice of New York, and Mr. Delgado) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENJAMIN A. GILMAN POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, shall be known and designated as the ``Benjamin A. Gilman Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Benjamin A. Gilman Post Office Building''. all
"H.R. 767 (Referred in Senate) -An Act To designate the facility of the United States Postal Service 
located at 40 Fulton Street in Middletown, New York, as the Benjamin A. 
Gilman Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr767rfs/html/BILLS-117hr767rfs.htm	DOC 117th CONGRESS 1st Session H. R. 767 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 21, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENJAMIN A. GILMAN POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, shall be known and designated as the ``Benjamin A. Gilman Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Benjamin A. Gilman Post Office Building''. Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 767 (Reported in Senate) -An Act To designate the facility of the United States Postal Service 
located at 40 Fulton Street in Middletown, New York, as the Benjamin A. 
Gilman Post Office Building."	https://www.govinfo.gov/content/pkg/BILLS-117hr767rs/html/BILLS-117hr767rs.htm	DOC Calendar No. 185 117th CONGRESS 1st Session H. R. 767 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 21, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs December 16, 2021 Reported by Mr. Peters, without amendment _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BENJAMIN A. GILMAN POST OFFICE BUILDING. (a) Designation.--The facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, shall be known and designated as the ``Benjamin A. Gilman Post Office Building''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Benjamin A. Gilman Post Office Building''. Calendar No. 185 117th CONGRESS 1st Session H. R. 767 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 40 Fulton Street in Middletown, New York, as the ``Benjamin A. Gilman Post Office Building''. _______________________________________________________________________ December 16, 2021 Reported without amendment
H.R. 768 (Engrossed in House) - Block, Report, And Suspend Suspicious Shipments Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr768eh/html/BILLS-117hr768eh.htm	DOC 117th CONGRESS 1st Session H. R. 768 _______________________________________________________________________ AN ACT To amend the Controlled Substances Act to clarify the process for registrants to exercise due diligence upon discovering a suspicious order, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Block, Report, And Suspend Suspicious Shipments Act of 2021''. SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO EXERCISE DUE DILIGENCE UPON DISCOVERING A SUSPICIOUS ORDER. (a) In General.--Paragraph (3) of section 312(a) of the Controlled Substances Act (21 U.S.C. 832(a)) is amended to read as follows: ``(3) upon discovering a suspicious order or series of orders-- ``(A) exercise due diligence; ``(B) establish and maintain (for not less than a period to be determined by the Administrator of the Drug Enforcement Administration) a record of the due diligence that was performed; ``(C) decline to fill the order or series of orders if the due diligence fails to resolve all of the indicators that gave rise to the suspicion that filling the order or series of orders would cause a violation of this title by the registrant or the prospective purchaser; and ``(D) notify the Administrator of the Drug Enforcement Administration and the Special Agent in Charge of the Division Office of the Drug Enforcement Administration for the area in which the registrant is located or conducts business of-- ``(i) each suspicious order or series of orders discovered by the registrant; and ``(ii) the indicators giving rise to the suspicion that filling the order or series of orders would cause a violation of this title by the registrant or the prospective purchaser.''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, for purposes of section 312(a)(3) of the Controlled Substances Act, as amended by subsection (a), the Attorney General of the United States shall promulgate a final regulation specifying the indicators that give rise to a suspicion that filling an order or series of orders would cause a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) by a registrant or a prospective purchaser. (c) Applicability.--Section 312(a)(3) of the Controlled Substances Act, as amended by subsection (a), shall apply beginning on the day that is 1 year after the date of enactment of this Act. Until such day, section 312(a)(3) of the Controlled Substances Act shall apply as such section 312(a)(3) was in effect on the day before the date of enactment of this Act. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 12, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 768 _______________________________________________________________________ AN ACT To amend the Controlled Substances Act to clarify the process for registrants to exercise due diligence upon discovering a suspicious order, and for other purposes.
H.R. 768 (Introduced in House) - Block, Report, And Suspend Suspicious Shipments Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr768ih/html/BILLS-117hr768ih.htm	DOC 117th CONGRESS 1st Session H. R. 768 To amend the Controlled Substances Act to clarify the process for registrants to exercise due diligence upon discovering a suspicious order, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. McKinley (for himself and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on the Judiciary, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Controlled Substances Act to clarify the process for registrants to exercise due diligence upon discovering a suspicious order, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Block, Report, And Suspend Suspicious Shipments Act of 2021''. SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO EXERCISE DUE DILIGENCE UPON DISCOVERING A SUSPICIOUS ORDER. (a) In General.--Paragraph (3) of section 312(a) of the Controlled Substances Act (21 U.S.C. 832(a)) is amended to read as follows: ``(3) upon discovering a suspicious order or series of orders-- ``(A) exercise due diligence; ``(B) establish and maintain (for not less than a period to be determined by the Administrator of the Drug Enforcement Administration) a record of the due diligence that was performed; ``(C) decline to fill the order or series of orders if the due diligence fails to resolve all of the indicators that gave rise to the suspicion that filling the order or series of orders would cause a violation of this title by the registrant or the prospective purchaser; and ``(D) notify the Administrator of the Drug Enforcement Administration and the Special Agent in Charge of the Division Office of the Drug Enforcement Administration for the area in which the registrant is located or conducts business of-- ``(i) each suspicious order or series of orders discovered by the registrant; and ``(ii) the indicators giving rise to the suspicion that filling the order or series of orders would cause a violation of this title by the registrant or the prospective purchaser.''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, for purposes of section 312(a)(3) of the Controlled Substances Act, as amended by subsection (a), the Attorney General of the United States shall promulgate a final regulation specifying the indicators that give rise to a suspicion that filling an order or series of orders would cause a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) by a registrant or a prospective purchaser. (c) Applicability.--Section 312(a)(3) of the Controlled Substances Act, as amended by subsection (a), shall apply beginning on the day that is 1 year after the date of enactment of this Act. Until such day, section 312(a)(3) of the Controlled Substances Act shall apply as such section 312(a)(3) was in effect on the day before the date of enactment of this Act. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. all
H.R. 768 (Referred in Senate) - Block, Report, And Suspend Suspicious Shipments Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr768rfs/html/BILLS-117hr768rfs.htm	DOC 117th CONGRESS 1st Session H. R. 768 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 2021 Received; read twice and referred to the Committee on the Judiciary _______________________________________________________________________ AN ACT To amend the Controlled Substances Act to clarify the process for registrants to exercise due diligence upon discovering a suspicious order, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Block, Report, And Suspend Suspicious Shipments Act of 2021''. SEC. 2. CLARIFICATION OF PROCESS FOR REGISTRANTS TO EXERCISE DUE DILIGENCE UPON DISCOVERING A SUSPICIOUS ORDER. (a) In General.--Paragraph (3) of section 312(a) of the Controlled Substances Act (21 U.S.C. 832(a)) is amended to read as follows: ``(3) upon discovering a suspicious order or series of orders-- ``(A) exercise due diligence; ``(B) establish and maintain (for not less than a period to be determined by the Administrator of the Drug Enforcement Administration) a record of the due diligence that was performed; ``(C) decline to fill the order or series of orders if the due diligence fails to resolve all of the indicators that gave rise to the suspicion that filling the order or series of orders would cause a violation of this title by the registrant or the prospective purchaser; and ``(D) notify the Administrator of the Drug Enforcement Administration and the Special Agent in Charge of the Division Office of the Drug Enforcement Administration for the area in which the registrant is located or conducts business of-- ``(i) each suspicious order or series of orders discovered by the registrant; and ``(ii) the indicators giving rise to the suspicion that filling the order or series of orders would cause a violation of this title by the registrant or the prospective purchaser.''. (b) Regulations.--Not later than 1 year after the date of enactment of this Act, for purposes of section 312(a)(3) of the Controlled Substances Act, as amended by subsection (a), the Attorney General of the United States shall promulgate a final regulation specifying the indicators that give rise to a suspicion that filling an order or series of orders would cause a violation of the Controlled Substances Act (21 U.S.C. 801 et seq.) by a registrant or a prospective purchaser. (c) Applicability.--Section 312(a)(3) of the Controlled Substances Act, as amended by subsection (a), shall apply beginning on the day that is 1 year after the date of enactment of this Act. Until such day, section 312(a)(3) of the Controlled Substances Act shall apply as such section 312(a)(3) was in effect on the day before the date of enactment of this Act. SEC. 3. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives May 12, 2021. Attest: CHERYL L. JOHNSON, Clerk.
H.R. 769 (Introduced in House) - Rural Maternal and Obstetric Modernization of Services Act	https://www.govinfo.gov/content/pkg/BILLS-117hr769ih/html/BILLS-117hr769ih.htm	DOC 117th CONGRESS 1st Session H. R. 769 To amend the Public Health Service Act to improve obstetric care in rural areas. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Newhouse (for himself, Mrs. Axne, Ms. Roybal-Allard, Ms. Herrera Beutler, Mr. Latta, Mr. Cole, Ms. Craig, Mr. Balderson, Mr. Morelle, Mr. O'Halleran, and Mrs. Hinson) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to improve obstetric care in rural areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Maternal and Obstetric Modernization of Services Act'' or the ``Rural MOMS Act''. SEC. 2. IMPROVING RURAL MATERNAL AND OBSTETRIC CARE DATA. (a) Maternal Mortality and Morbidity Activities.--Section 301 of the Public Health Service Act (42 U.S.C. 241) is amended-- (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d), the following: ``(e) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to maternal mortality and morbidity.''. (b) Office of Women's Health.--Section 310A(b)(1) of the Public Health Service Act (42 U.S.C. 242s(b)(1)) is amended by inserting ``sociocultural (race, ethnicity, language, class, income), including among American Indians and Alaska Natives, as such terms are defined in section 4 of the Indian Health Care Improvement Act, and geographic contexts,'' after ``biological,''. (c) Safe Motherhood.--Section 317K(b)(2) of the Public Health Service Act (42 U.S.C. 247b-12(b)(2)) is amended-- (1) in subparagraph (L), by striking ``and'' at the end; (2) by redesignating subparagraph (M) as subparagraph (N); and (3) by inserting after subparagraph (L), the following: ``(M) an examination of the relationship between maternal health services in rural areas and outcomes in delivery and postpartum care; and''. (d) Office of Research on Women's Health.--Section 486 of the Public Health Service Act (42 U.S.C. 287d) is amended-- (1) in subsection (b)-- (A) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (B) by inserting after paragraph (3) the following: ``(4) carry out paragraphs (1) and (2) with respect to pregnancy, with priority given to deaths related to pregnancy;''; and (C) in paragraph (5) (as so redesignated), by striking ``through (3)'' and inserting ``through (4)''; and (2) in subsection (d)(4)(A)(iv), by inserting ``, including maternal mortality and other maternal morbidity outcomes'' before the semicolon. SEC. 3. RURAL OBSTETRIC NETWORK GRANTS. The Public Health Service Act is amended by inserting after section 317L-1 (42 U.S.C. 247b-13a) the following: ``SEC. 317L-2. RURAL OBSTETRIC NETWORK GRANTS. ``(a) In General.--For the purpose of enabling the Secretary (through grants, contracts, or otherwise), acting through the Administrator of the Health Resources and Services Administration, to establish collaborative improvement and innovation networks (referred to in this section as `rural obstetric networks') to improve outcomes in birth and maternal morbidity and mortality, there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $3,000,000 for each of fiscal years 2022 through 2026. Such amounts shall remain available until expended. ``(b) Use of Funds.--Amount appropriated under subsection (a) shall be used for the establishment of collaborative improvement and innovation networks to improve maternal health in rural areas by improving outcomes in birth and maternal morbidity and mortality. Rural obstetric networks established in accordance with this section shall-- ``(1) assist pregnant women and individuals in rural areas connect with prenatal, labor and birth, and postpartum care to improve outcomes in birth and maternal mortality and morbidity; ``(2) identify successful prenatal, labor and birth, and postpartum health delivery models for individuals in rural areas, including evidence-based home visiting programs and successful, culturally competent models with positive maternal health outcomes that advance health equity; ``(3) develop a model for collaboration between health facilities that have an obstetric health unit and health facilities that do not have an obstetric health unit; ``(4) provide training and guidance for health facilities that do not have obstetric health units; ``(5) collaborate with academic institutions that can provide regional expertise and research on access, outcomes, needs assessments, and other identified data; and ``(6) measure and address inequities in birth outcomes among rural residents, with an emphasis on Black and American Indians and Alaska Native residents, as such terms are defined in section 4 of the Indian Health Care Improvement Act. ``(c) Requirements.-- ``(1) Establishment.--Not later than October 1, 2022, the Secretary shall establish rural obstetric health networks in at least 5 regions. ``(2) Definitions.--In this section: ``(A) Frontier area.--The term `frontier area' means a frontier county, as defined in section 1886(d)(3)(E)(iii)(III) of the Social Security Act. ``(B) Indian tribe.--The term `Indian tribe' has the meaning given such term in section 4 of the Indian Health Care Improvement Act. ``(C) Native hawaiian health care system.--The term `Native Hawaiian Health Care System' has the meaning given such term in section 12 of the Native Hawaiian Health Care Improvement Act. ``(D) Region.--The term `region' means a State, Indian tribe, rural area, or frontier area. ``(E) Rural area.--The term `rural area' has the meaning given that term in section 1886(d)(2)(D) of the Social Security Act. ``(F) Tribal organization.--The term `tribal organization' has the meaning given such term in the Indian Self-Determination Act. ``(G) State.--The term `State' has the meaning given that term for purposes of title V of the Social Security Act.''. SEC. 4. TELEHEALTH NETWORK AND TELEHEALTH RESOURCE CENTERS GRANT PROGRAMS. Section 330I of the Public Health Service Act (42 U.S.C. 254c-14) is amended-- (1) in subsection (f)(1)(B)(iii), by adding at the end the following: ``(XIII) Providers of maternal, including prenatal, labor and birth, and postpartum care services and entities operation obstetric care units.''; (2) in subsection (i)(1)(B), by inserting ``labor and birth, postpartum,'' before ``or prenatal''; and (3) in subsection (k)(1)(B), by inserting ``equipment useful for caring for pregnant women and individuals, including ultrasound machines and fetal monitoring equipment,'' before ``and other equipment''. SEC. 5. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION. Part D of title VII of the Public Health Service Act is amended by inserting after section 760 (42 U.S.C. 294k) the following: ``SEC. 760A. RURAL MATERNAL AND OBSTETRIC CARE TRAINING DEMONSTRATION. ``(a) In General.--The Secretary shall establish a training demonstration program to award grants to eligible entities to support-- ``(1) training for physicians, medical residents, including family medicine and obstetrics and gynecology residents, and fellows to practice maternal and obstetric medicine in rural community-based settings; ``(2) training for licensed and accredited nurse practitioners, physician assistants, certified nurse midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals such as doulas and community health workers, to provide maternal care services in rural community-based settings; and ``(3) establishing, maintaining, or improving academic units or programs that-- ``(A) provide training for students or faculty, including through clinical experiences and research, to improve maternal care in rural areas; or ``(B) develop evidence-based practices or recommendations for the design of the units or programs described in subparagraph (A), including curriculum content standards. ``(b) Activities.-- ``(1) Training for medical residents and fellows.--A recipient of a grant under subsection (a)(1)-- ``(A) shall use the grant funds-- ``(i) to plan, develop, and operate a training program to provide obstetric care in rural areas for family practice or obstetrics and gynecology residents and fellows; or ``(ii) to train new family practice or obstetrics and gynecology residents and fellows in maternal and obstetric health care to provide and expand access to maternal and obstetric health care in rural areas; and ``(B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such training. ``(2) Training for other providers.--A recipient of a grant under subsection (a)(2)-- ``(A) shall use the grant funds to plan, develop, or operate a training program to provide maternal health care services in rural, community-based settings; and ``(B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such program. ``(3) Academic units or programs.--A recipient of a grant under subsection (a)(3) shall enter into a partnership with organizations such as an education accrediting organization (such as the Liaison Committee on Medical Education, the Accreditation Council for Graduate Medical Education, the Commission on Osteopathic College Accreditation, the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, the Accreditation Commission for Midwifery Education, or the Accreditation Review Commission on Education for the Physician Assistant) to carry out activities under subsection (a)(3). ``(4) Training program requirements.--The recipient of a grant under subsection (a)(1) or (a)(2) shall ensure that training programs carried out under the grant include instruction on-- ``(A) maternal mental health, including perinatal depression and anxiety and postpartum depression; ``(B) maternal substance use disorder; ``(C) social determinants of health that impact individuals living in rural communities, including poverty, social isolation, access to nutrition, education, transportation, and housing; and ``(D) implicit bias. ``(c) Eligible Entities.-- ``(1) Training for medical residents and fellows.--To be eligible to receive a grant under subsection (a)(1), an entity shall-- ``(A) be a consortium consisting of-- ``(i) at least one teaching health center; or ``(ii) the sponsoring institution (or parent institution of the sponsoring institution) of-- ``(I) an obstetrics and gynecology or family medicine residency program that is accredited by the Accreditation Council of Graduate Medical Education (or the parent institution of such a program); or ``(II) a fellowship in maternal or obstetric medicine, as determined appropriate by the Secretary; or ``(B) be an entity described in subparagraph (A)(ii) that provides opportunities for medical residents or fellows to train in rural community-based settings. ``(2) Training for other providers.--To be eligible to receive a grant under subsection (a)(2), an entity shall be-- ``(A) a teaching health center (as defined in section 749A(f)); ``(B) a federally qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act); ``(C) a community mental health center (as defined in section 1861(ff)(3)(B) of the Social Security Act); ``(D) a rural health clinic (as defined in section 1861(aa) of the Social Security Act); ``(E) a freestanding birth center (as defined in section 1905(l)(3) of the Social Security Act); ``(F) a health center operated by the Indian Health Service, an Indian tribe, a tribal organization, or a Native Hawaiian Health Care System (as such terms are defined in section 4 of the Indian Health Care Improvement Act and section 12 of the Native Hawaiian Health Care Improvement Act); or ``(G) an entity with a demonstrated record of success in providing academic training for nurse practitioners, physician assistants, certified nurse- midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals, such as doulas and community health workers. ``(3) Academic units or programs.--To be eligible to receive a grant under subsection (a)(3), an entity shall be a school of medicine or osteopathic medicine, a nursing school, a physician assistant training program, an accredited public or nonprofit private hospital, an accredited medical residency program, a school accredited by the Midwifery Education and Accreditation Council, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant. ``(4) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an estimate of the amount to be expended to conduct training activities under the grant (including ancillary and administrative costs). ``(d) Duration.--Grants awarded under this section shall be for a minimum of 5 years. ``(e) Study and Report.-- ``(1) Study.-- ``(A) In general.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the results of the demonstration program under this section. ``(B) Data submission.--Not later than 90 days after the completion of the first year of the training program, and each subsequent year for the duration of the grant, that the program is in effect, each recipient of a grant under subsection (a) shall submit to the Secretary such data as the Secretary may require for analysis for the report described in paragraph (2). ``(2) Report to congress.--Not later than 1 year after receipt of the data described in paragraph (1)(B), the Secretary shall submit to Congress a report that includes-- ``(A) an analysis of the effect of the demonstration program under this section on the quality, quantity, and distribution of maternal, including prenatal, labor and birth, and postpartum care services and the demographics of the recipients of those services; ``(B) an analysis of maternal and infant health outcomes (including quality of care, morbidity, and mortality) before and after implementation of the program in the communities served by entities participating in the demonstration; and ``(C) recommendations on whether the demonstration program should be expanded. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2022 through 2026.''. SEC. 6. GAO REPORT. Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the maternal, including prenatal, labor and birth, and postpartum care in rural areas. Such report shall include the following: (1) The location of gaps in maternal and obstetric clinicians and health professionals, including non-clinical professionals such as doulas and community health workers. (2) The location of gaps in facilities able to provide maternal, including prenatal, labor and birth, and postpartum care in rural areas, including care for high-risk pregnancies. (3) The gaps in data on maternal mortality and recommendations to standardize the format on collecting data related to maternal mortality and morbidity. (4) The gaps in maternal health by race and ethnicity in rural communities, with a focus on racial inequities for Black residents and among Indian Tribes and American Indian/Alaska Native rural residents (as such terms are defined in section 4 of the Indian Health Care Improvement Act). (5) A list of specific activities that the Secretary of Health and Human Services plans to conduct on maternal, including prenatal, labor and birth, and postpartum care. (6) A plan for completing such activities. (7) An explanation of Federal agency involvement and coordination needed to conduct such activities. (8) A budget for conducting such activities. (9) Other information that the Comptroller General determines appropriate. all
H.R. 76 (Introduced in House) - Save our Servers Act	https://www.govinfo.gov/content/pkg/BILLS-117hr76ih/html/BILLS-117hr76ih.htm	DOC 117th CONGRESS 1st Session H. R. 76 To amend the Public Works and Economic Development Act of 1965 to prohibit the Secretary of Commerce from issuing certain grants to States or political subdivisions of States that restrict or prohibit indoor and outdoor dining, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Budd (for himself, Mr. Gosar, and Mr. Davidson) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Public Works and Economic Development Act of 1965 to prohibit the Secretary of Commerce from issuing certain grants to States or political subdivisions of States that restrict or prohibit indoor and outdoor dining, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save our Servers Act''. SEC. 2. INDOOR AND OUTDOOR DINING RESTRICTION. Title II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following: ``SEC. 219. INDOOR AND OUTDOOR DINING RESTRICTION. ``Notwithstanding any other provision of this title, during the period in which a State, or a political subdivision of such State, has passed and is enforcing a law or order restricting or prohibiting indoor or outdoor dining at restaurants, the Secretary may not issue a grant under section 203(a), 205(b), or 207(a) to such State or a political subdivision of such State.''. all
H.R. 770 (Introduced in House) - United States Commission on an Open Society with Security Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr770ih/html/BILLS-117hr770ih.htm	DOC 117th CONGRESS 1st Session H. R. 770 To establish the United States Commission on an Open Society with Security. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Norton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To establish the United States Commission on an Open Society with Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Commission on an Open Society with Security Act of 2021''. SEC. 2. FINDINGS. Congress finds that-- (1) an open society which affords free access to public facilities and spaces and which protects the right to engage in open discussion is an essential premise of American governmental institutions and democratic values; (2) the United States is currently facing a challenge to the safety and security of the public, public employees, and public facilities and spaces that is unique in the history of this Nation; (3) to meet this challenge without eroding or harming any of the basic tenets of the Republic and of our democracy, this Nation needs to assemble the best thinking available; and (4) a commission of experts from a broad base of disciplines and backgrounds is necessary to examine all the factors that should be considered in securing public safety from terrorist attacks while maintaining the highest level of free and open access to the public. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``United States Commission on an Open Society with Security'' (in this Act referred to as the ``Commission''). (b) Composition.--The Commission shall be composed of 21 members appointed in accordance with subsection (d)(1) from among individuals representing such fields or groups as the following: architecture, technology, civil libertarians, humanists, members of the Armed Forces, Federal Government employees, city planners, business leaders, lawyers, artists, public building security, engineers, philosophers, historians, sociologists, and psychologists. The President shall designate one of those members to be the Chairperson of the Commission. (c) Terms; Quorum; Meetings; Vacancies.--Members shall be appointed for the life of the Commission. Nine members of the Commission shall constitute a quorum, but a lesser number may hold hearings. After its initial meeting, the Commission shall meet at the call of the Chairperson of the Commission or a majority of its members. Any vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment. (d) Appointments; Initial Meeting.-- (1) Appointments.--Appointments to the Commission shall be made as follows: (A) Nine members appointed by the President. (B) Three members appointed by the Speaker of the House of Representatives. (C) Three members appointed by the minority leader of the House of Representatives. (D) Three members appointed by the majority leader of the Senate. (E) Three members appointed by the minority leader of the Senate. (2) Initial meeting.--If, after 90 days following the date of enactment of this Act, 9 or more members of the Commission have been appointed, the members who have been appointed may meet, and the Chairperson shall have the authority to begin the operations of the Commission, including the hiring of staff. SEC. 4. FUNCTIONS OF COMMISSION. (a) In General.--The Commission shall study and make findings and recommendations relating to the question of how the Government of the United States may provide, in a balanced manner, for both security in and public access to Federal buildings and other Federal property and sites. (b) Matters To Be Examined.--In carrying out this Act, the Commission shall specifically examine matters that relate to the security of, and open access to, public facilities and spaces, including-- (1) Federal, other governmental, and private security practices and proposals, building design, public space management, counterterrorism needs, and refurbishment of existing Federal facilities; (2) the effect of access to public facilities and spaces on-- (A) maintenance of security and safety; (B) free speech, the right to petition the Government, and other constitutional rights and civil liberties; (C) economies of affected jurisdictions or parts thereof; (D) physical changes and architectural aesthetics of affected areas; (E) traffic and congestion; and (F) job performance of employees within the affected facilities; (3) current and potential uses of technology to augment or replace traditional modes of security; (4) practices of and comparisons with other entities and nations; and (5) current and potential analytical methods of assessing the risks posed by the various forms of terrorism, balanced against the specific needs and values of open access. (c) Coordination of Activities.--The Commission shall take appropriate measures to avoid unnecessary duplication of efforts previously or currently being undertaken by any other person or entity. SEC. 5. POWERS OF COMMISSION. (a) In General.--The Commission or, on the authorization of the Commission, any member or agent of the Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate to carry out this Act. (b) Obtaining Official Information.--The Commission may secure directly from any department, agency, or other entity of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of such governmental entity shall furnish, to the extent authorized by law, such information to the Commission. (c) Security.-- (1) Security clearances.--The members and staff of the Commission shall hold, as a condition of appointment to or employment with the Commission, appropriate security clearances for access to the classified briefing, records, and materials to be reviewed by the Commission or its staff and shall follow the guidance and practices on security under applicable Executive orders and agency directives. (2) Conditions to granting access.--The head of an agency shall require, as a condition of granting access to a member of the Commission or a member of the staff of the Commission to classified records or materials of the agency under this Act, require the member to-- (A) execute an agreement regarding the security of such records or materials that is approved by the head of the agency; and (B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of the agency, including any special access approval required for access to such records or materials. (3) Restriction on use.--The members of the Commission and the members of the staff of the Commission may not use any information acquired in the course of their official activities on the Commission for nonofficial purposes. (4) Need to know.--For purposes of any law or regulation governing access to classified information that pertains to the national security of the United States and to facilitate the advisory functions of the Commission under this Act, a member of the Commission or a member of the staff of the Commission seeking access to a record or material under this Act shall be deemed for purposes of this subsection to have a need to know the contents of the record or material. (5) Rule of construction.--A reference in this subsection to the ``staff of the Commission'' includes individuals described in sections 6(d) and 6(e). (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request. SEC. 6. PERSONNEL MATTERS. (a) Compensation of Members.--Members of the Commission shall not be compensated by reason of their service on the Commission. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.--Subject to such rules as the Commission may prescribe, the Chairperson of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title (relating to classification and General Schedule pay rates), may appoint and fix the pay of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions; except that no rate of pay fixed under this subsection may exceed the maximum rate of basic pay payable for GS-15 of the General Schedule. (d) Staff of Federal Agencies.--Upon request of the Chairperson of the Commission, the head of any department or agency of the United States may detail, on a nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under this Act. (e) Experts and Consultants.--With the approval of the Commission, the Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the maximum rate of basic pay payable for GS-15 of the General Schedule. SEC. 7. REPORT. (a) Submission to the President.--The Commission shall transmit its final report to the President not later than 2 years after the initial meeting of the Commission. Such report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative, administrative, or other action as the Commission considers appropriate. (b) Submission to the Congress.--Not later than 6 months after receiving the final report of the Commission under subsection (a), the President shall transmit such report to Congress, together with any comments or recommendations (including any proposed legislation) which the President considers appropriate. SEC. 8. TERMINATION OF COMMISSION. The Commission shall terminate on the 90th day after the date on which the Commission is required to submit its final report under section 7(a). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $5,000,000 for fiscal year 2022; and (2) $5,000,000 for fiscal year 2023. all
H.R. 771 (Introduced in House) - Sending Outside Support Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr771ih/html/BILLS-117hr771ih.htm	DOC 117th CONGRESS 1st Session H. R. 771 To direct the Secretary of Health and Human Services to provide funding for State strike teams for resident and employee safety in skilled nursing facilities and nursing facilities. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Panetta (for himself, Mr. Gottheimer, Mr. Suozzi, Mr. Crow, and Mrs. Murphy of Florida) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services to provide funding for State strike teams for resident and employee safety in skilled nursing facilities and nursing facilities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Sending Outside Support Act of 2021'' or the ``SOS Act of 2021''. SEC. 2. FUNDING FOR STATE STRIKE TEAMS FOR RESIDENT AND EMPLOYEE SAFETY IN SKILLED NURSING FACILITIES AND NURSING FACILITIES. (a) In General.--Of the amounts made available under subsection (c), the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall allocate such amounts among the States, in a manner that takes into account the percentage of skilled nursing facilities and nursing facilities in each State that have residents or employees who have been diagnosed with COVID-19, for purposes of establishing and implementing strike teams in accordance with subsection (b). (b) Use of Funds.--A State that receives funds under this section shall use such funds to establish and implement a strike team that will be deployed to a skilled nursing facility or nursing facility in the State with diagnosed or suspected cases of COVID-19 among residents or staff for the purposes of assisting with clinical care, infection control, or staffing. (c) Authorization of Appropriations.--For purposes of carrying out this section, there is authorized to be appropriated $500,000,000. (d) Definitions.--In this section: (1) Nursing facility.--The term ``nursing facility'' has the meaning given such term in section 1919(a) of the Social Security Act (42 U.S.C. 1396r(a)). (2) Skilled nursing facility.--The term ``skilled nursing facility'' has the meaning given such term in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)). all
"H.R. 772 (Engrossed in House) -An Act To designate the facility of the United States Postal Service 
located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the JimRamstad Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr772eh/html/BILLS-117hr772eh.htm	DOC 117th CONGRESS 1st Session H. R. 772 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JIM RAMSTAD POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, shall be known and designated as the ``Jim Ramstad Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jim Ramstad Post Office''. Passed the House of Representatives February 23, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 772 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''.
"H.R. 772 (Enrolled Bill) - An 
Act To designate the facility of the United States Postal Service 
located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the JimRamstad Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr772enr/html/BILLS-117hr772enr.htm	H.R.772 One Hundred Seventeenth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Sunday, the third day of January, two thousand and twenty-one An Act To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JIM RAMSTAD POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, shall be known and designated as the ``Jim Ramstad Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jim Ramstad Post Office''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
"H.R. 772 (Introduced in House)- To designate the facility of the United States Postal Service locatedat 229 Minnetonka Avenue South in Wayzata, Minnesota, as the Jim 
Ramstad Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr772ih/html/BILLS-117hr772ih.htm	DOC 117th CONGRESS 1st Session H. R. 772 To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Phillips (for himself, Mr. Hagedorn, Ms. Craig, Ms. McCollum, Ms. Omar, Mr. Emmer, Mrs. Fischbach, and Mr. Stauber) introduced the following bill; which was referred to the Committee on Oversight and Reform _______________________________________________________________________ A BILL To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JIM RAMSTAD POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, shall be known and designated as the ``Jim Ramstad Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jim Ramstad Post Office''. all
"H.R. 772 (Referred in Senate) -An Act To designate the facility of the United States Postal Service 
located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the JimRamstad Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr772rfs/html/BILLS-117hr772rfs.htm	DOC 117th CONGRESS 1st Session H. R. 772 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JIM RAMSTAD POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, shall be known and designated as the ``Jim Ramstad Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jim Ramstad Post Office''. Passed the House of Representatives February 23, 2021. Attest: CHERYL L. JOHNSON, Clerk.
"H.R. 772 (Reported in Senate) -An Act To designate the facility of the United States Postal Service 
located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the JimRamstad Post Office."	https://www.govinfo.gov/content/pkg/BILLS-117hr772rs/html/BILLS-117hr772rs.htm	DOC Calendar No. 101 117th CONGRESS 1st Session H. R. 772 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 24, 2021 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs July 14, 2021 Reported by Mr. Peters, without amendment _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JIM RAMSTAD POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, shall be known and designated as the ``Jim Ramstad Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Jim Ramstad Post Office''. Calendar No. 101 117th CONGRESS 1st Session H. R. 772 _______________________________________________________________________ AN ACT To designate the facility of the United States Postal Service located at 229 Minnetonka Avenue South in Wayzata, Minnesota, as the ``Jim Ramstad Post Office''. _______________________________________________________________________ July 14, 2021 Reported without amendment
H.R. 773 (Introduced in House) - Medical Debt Relief Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr773ih/html/BILLS-117hr773ih.htm	DOC 117th CONGRESS 1st Session H. R. 773 To amend the Fair Credit Reporting Act to institute a 1-year waiting period before medical debt will be reported on a consumer's credit report and to remove paid-off and settled medical debts from credit reports that have been fully paid or settled, to amend the Fair Debt Collection Practices Act to provide a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect information, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Porter (for herself, Ms. Schakowsky, Mr. Lynch, Ms. Barragan, Ms. Norton, Mr. Malinowski, Ms. Scanlon, Mr. Kildee, Ms. Bonamici, Mr. Doggett, Mr. Trone, Mr. Cardenas, Mr. Ryan, Mr. Pocan, Ms. Sanchez, Mr. Smith of Washington, Mr. Rush, Mr. Larson of Connecticut, Ms. Tlaib, Mr. Lowenthal, Mr. DeFazio, Ms. DeGette, Mrs. Napolitano, Ms. Jayapal, Mr. Raskin, Mr. Cohen, Mr. Johnson of Georgia, Mrs. Hayes, Ms. Spanberger, Mr. Blumenauer, Mr. McGovern, Mr. Neguse, Mr. Garcia of Illinois, Ms. Jackson Lee, Ms. McCollum, Ms. Lee of California, Mr. Tonko, Ms. Omar, Mr. Carson, Mr. Takano, Mr. Jones, Ms. Meng, Mrs. Watson Coleman, Mr. Lawson of Florida, Mr. Crow, and Mr. Levin of California) introduced the following bill; which was referred to the Committee on Financial Services _______________________________________________________________________ A BILL To amend the Fair Credit Reporting Act to institute a 1-year waiting period before medical debt will be reported on a consumer's credit report and to remove paid-off and settled medical debts from credit reports that have been fully paid or settled, to amend the Fair Debt Collection Practices Act to provide a timetable for verification of medical debt and to increase the efficiency of credit markets with more perfect information, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Debt Relief Act of 2021''. SEC. 2. AMENDMENTS TO FAIR CREDIT REPORTING ACT. (a) Medical Debt Defined.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(bb) Medical Debt.--The term `medical debt' means a debt described in section 604(g)(1)(C).''. (b) Exclusion for Paid or Settled Medical Debt.--Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following: ``(9) Any information relating to a medical debt if the date on which the debt was placed for collection, charged to profit or loss, or subjected to any similar action antedates the report by less than 1 year. ``(10) Any information relating to a fully paid or settled medical debt that had been characterized as delinquent, charged off, or in collection which, from the date of payment or settlement, antedates the report by more than 45 days.''. SEC. 3. AMENDMENTS TO THE FAIR DEBT COLLECTION PRACTICES ACT. (a) In General.--Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 1692g) is amended by adding at the end the following: ``(f) Additional Notice Requirements for Medical Debt.-- ``(1) Definitions.--In this subsection: ``(A) Consumer reporting agency.--The term `consumer reporting agency' has the meaning given the term in section 603(f) of the Fair Credit Reporting Act. ``(B) Medical debt.--The term `medical debt' means a debt arising from the receipt of medical services, products, or devices. ``(2) Notice about credit reporting.--Before furnishing information regarding a medical debt of a consumer to a consumer reporting agency, the person furnishing the information shall send a statement to the consumer that includes the following: ``(A) A notification that the medical debt may not be reported to a consumer reporting agency until the end of the 1-year period beginning on the date on which the person sends the statement. ``(B) The specific date that is the end of the 1- year period beginning on the date on which the person sends the statement. ``(C) A notification that, if the debt is settled or paid by the consumer or an insurance company during the 1-year period beginning on the date on which the person sends the statement-- ``(i) the debt may not be reported to a consumer reporting agency; and ``(ii) the consumer may, during that 1-year period-- ``(I) communicate with an insurance company to determine coverage for the debt; or ``(II) apply for financial assistance. ``(3) No reporting during 1-year period.-- ``(A) In general.--During the 1-year period described in paragraph (2), no person may communicate with, or report any information to, any consumer reporting agency regarding a debt described in that paragraph. ``(B) Rule of construction.--Nothing in subparagraph (A) may be construed to affect when a debt collector may engage in activities to collect or attempt to collect any debt owed or due or asserted to be owed. ``(4) Reporting after the 1-year period.--Nothing in this subsection shall prohibit a person from communicating with, or reporting any information to, a consumer reporting agency regarding a medical debt of a consumer after the end of the 1- year period described in paragraph (2) with respect to the debt.''. all
H.R. 774 (Introduced in House) - Spotlight Act	https://www.govinfo.gov/content/pkg/BILLS-117hr774ih/html/BILLS-117hr774ih.htm	DOC 117th CONGRESS 1st Session H. R. 774 To amend the Internal Revenue Code of 1986 to require certain tax- exempt organizations to include on annual returns the names and addresses of substantial contributors, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Mr. Price of North Carolina (for himself, Ms. Schakowsky, Ms. Lee of California, Ms. Norton, and Mr. Sarbanes) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to require certain tax- exempt organizations to include on annual returns the names and addresses of substantial contributors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Spotlight Act''. SEC. 2. INCLUSION OF CONTRIBUTOR INFORMATION ON ANNUAL RETURNS OF CERTAIN ORGANIZATIONS. (a) Repeal of Regulations.--The final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect. (b) Inclusion of Contributor Information.-- (1) Social welfare organizations.--Section 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting ``(5),'' after ``paragraphs''. (2) Labor organizations and business leagues.--Section 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection: ``(o) Additional Requirements for Organizations Described in Subsections (c)(5) and (c)(6) of Section 501.--Every organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5).''. (3) Effective date.--The amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this Act. (c) Modification to Discretionary Exceptions.--Section 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows: ``(B) Discretionary exceptions.-- ``(i) In general.--Paragraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws. ``(ii) Recommendations for other exceptions.--The Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose.''. all
H.R. 775 (Introduced in House) - Disability Voting Rights Act	https://www.govinfo.gov/content/pkg/BILLS-117hr775ih/html/BILLS-117hr775ih.htm	DOC 117th CONGRESS 1st Session H. R. 775 To amend the Help America Vote Act of 2002 to require States to promote access to voter registration and voting for individuals with disabilities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Scanlon introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Help America Vote Act of 2002 to require States to promote access to voter registration and voting for individuals with disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disability Voting Rights Act''. SEC. 2. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. (a) Requirements.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES. ``(a) Treatment of Applications and Ballots.--Each State shall-- ``(1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; ``(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official within the deadline for the election which is applicable under Federal law; ``(3) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures-- ``(A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c); ``(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c)); and ``(C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically; ``(4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d); ``(5) transmit a validly requested absentee ballot to an individual with a disability-- ``(A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and ``(B) in the case in which the request is received less than 45 days before an election for Federal office-- ``(i) in accordance with State law; and ``(ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and ``(6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election. ``(b) Designation of Single State Office To Provide Information on Registration and Absentee Ballot Procedures for All Disabled Voters in State.--Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State. ``(c) Designation of Means of Electronic Communication for Individuals With Disabilities To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information.-- ``(1) In general.--Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than 1 means of electronic communication-- ``(A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3); ``(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; and ``(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities. ``(2) Clarification regarding provision of multiple means of electronic communication.--A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State. ``(3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials.--Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities. ``(4) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(d) Transmission of Blank Absentee Ballots by Mail and Electronically.-- ``(1) In general.--Each State shall establish procedures-- ``(A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; and ``(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. ``(2) Transmission if no preference indicated.--In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. ``(3) Application of methods to track delivery to and return of ballot by individual requesting ballot.--Under the procedures established under paragraph (1), the State shall apply such methods as the State considers appropriate, such as assigning a unique identifier to the ballot, to ensure that if an individual with a disability requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. ``(e) Hardship Exemption.-- ``(1) In general.--If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include-- ``(A) a recognition that the purpose of such subsection is to provide individuals with disabilities enough time to vote in an election for Federal office; ``(B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection; ``(C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; and ``(D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes-- ``(i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election; ``(ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; and ``(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements. ``(2) Approval of waiver request.--The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met: ``(A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office. ``(B) One or more of the following issues creates an undue hardship for the State: ``(i) The State's primary election date prohibits the State from complying with subsection (a)(5)(A). ``(ii) The State has suffered a delay in generating ballots due to a legal contest. ``(iii) The State Constitution prohibits the State from complying with such subsection. ``(3) Timing of waiver.-- ``(A) In general.--Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the date of the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before the date of such election. ``(B) Exception.--If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received. ``(4) Application of waiver.--A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election. ``(f) Rule of Construction.--Nothing in this section may be construed to allow the marking or casting of ballots over the internet. ``(g) Individual With a Disability Defined.--In this section, an `individual with a disability' means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office. ``(h) Effective Date.--This section shall apply with respect to elections for Federal office held on or after January 1, 2022.''. (b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101(b)) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(4) in the case of the recommendations with respect to section 304, January 1, 2022.''. (c) Conforming Amendment Relating to Enforcement.--Section 401 of such Act of (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (d) Clerical Amendments.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Access to voter registration and voting for individuals with disabilities.''. SEC. 3. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES. (a) Purposes of Payments.--Section 261(b) of the Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities; ``(2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and ``(3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.''. (b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a)) is amended by adding at the end the following new paragraph: ``(4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part.''. (c) Period of Availability of Funds.--Section 264 of such Act (52 U.S.C. 21024) is amended-- (1) in subsection (b), by striking ``Any amounts'' and inserting ``Except as provided in subsection (c), any amounts''; and (2) by adding at the end the following new subsection: ``(c) Return and Transfer of Certain Funds.-- ``(1) Deadline for obligation and expenditure.--In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. ``(2) Reallocation of transferred amounts.-- ``(A) In general.--The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. ``(B) Covered payment recipients described.--In subparagraph (A), a `covered payment recipient' is a State or unit of local government with respect to which-- ``(i) amounts were appropriated pursuant to the authority of subsection (a); and ``(ii) no amounts were transferred to the Commission under paragraph (1).''. all
H.R. 776 (Introduced in House) - Dropbox Access Act	https://www.govinfo.gov/content/pkg/BILLS-117hr776ih/html/BILLS-117hr776ih.htm	DOC 117th CONGRESS 1st Session H. R. 776 To amend the Help America Vote Act of 2002 to require States to provide secured drop boxes for voted absentee ballots in an election for Federal office, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Scanlon (for herself, Ms. Garcia of Texas, and Ms. Escobar) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Help America Vote Act of 2002 to require States to provide secured drop boxes for voted absentee ballots in an election for Federal office, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dropbox Access Act''. SEC. 2. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE. (a) Requirement.--Subtitle A of title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended-- (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: ``SEC. 304. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS. ``(a) Requiring Use of Drop Boxes.--In each county in the State, each State shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted absentee ballots in an election for Federal office. ``(b) Minimum Period for Availability of Drop Boxes.--The period described in this subsection is, with respect to an election, the period which begins 45 days before the date of the election and which ends at the time the polls close for the election in the county involved. ``(c) Accessibility.-- ``(1) In general.--Each State shall ensure that the drop boxes provided under this section are accessible for use-- ``(A) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) of the State; and ``(B) by individuals with limited proficiency in the English language. ``(2) Determination of accessibility for individuals with disabilities.--For purposes of this subsection, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. ``(3) Rule of construction.--If a State provides a drop box under this section on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language. ``(d) Number of Drop Boxes.-- ``(1) Formula for determination of number.--The number of drop boxes provided under this section in a county with respect to an election shall be determined as follows: ``(A) In the case of a county in which the number of individuals who are residents of the county and who are registered to vote in the election is equal to or greater than 20,000, the number of drop boxes shall be a number equal to or greater than the number of such individuals divided by 20,000 (rounded to the nearest whole number). ``(B) In the case of any other county, the number of drop boxes shall be equal to or greater than one. ``(2) Timing.--For purposes of this subsection, the number of individuals who reside in a county and who are registered to vote in the election shall be determined as of the 90th day before the date of the election. ``(e) Location of Drop Boxes.--The State shall determine the location of drop boxes provided under this section in a county on the basis of criteria which ensure that the drop boxes are-- ``(1) available to all voters on a non-discriminatory basis; ``(2) accessible to voters with disabilities (in accordance with subsection (c)); ``(3) accessible by public transportation to the greatest extent possible; ``(4) available during all hours of the day; and ``(5) sufficiently available in all communities in the county, including rural communities and on Tribal lands within the county (subject to subsection (f)). ``(f) Rules for Drop Boxes on Tribal Lands.--In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a county, the appropriate State and local election officials shall-- ``(1) consult with Tribal leaders prior to making the determination; and ``(2) take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation. ``(g) Posting of Information.--On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. ``(h) Effective Date.--This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office.''. (b) Conforming Amendment Relating to Enforcement.--Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by striking ``and 303'' and inserting ``303, and 304''. (c) Clerical Amendment.--The table of contents of such Act is amended-- (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: ``Sec. 304. Use of secured drop boxes for voted absentee ballots.''. all
H.R. 777 (Introduced in House) - Protecting Our Election Workers Act of 2020	https://www.govinfo.gov/content/pkg/BILLS-117hr777ih/html/BILLS-117hr777ih.htm	DOC 117th CONGRESS 1st Session H. R. 777 To amend title 18, United States Code, to prohibit the intimidation of election officials and poll workers, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 3, 2021 Ms. Scanlon (for herself, Mr. San Nicolas, and Ms. Norton) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit the intimidation of election officials and poll workers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Election Workers Act of 2020''. SEC. 2. INTIMIDATION OF VOTERS AND ELECTION OFFICIALS. (a) In General.--Section 594 of title 18, United States Code, is amended-- (1) in the heading, by adding at the end the following: ``and election officials''; (2) by striking ``Whoever'' and inserting ``(a) Intimidation of Voters--Whoever''; and (3) by adding at the end the following: ``(b) Intimidation of Election Officials and Poll Workers.--Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person for the purpose of interfering with such other person's duties in connection with the administration of an election described in subsection (a), shall be fined under this title or imprisoned not more than one year, or both.''. (b) Clerical Amendment.--The table of sections for chapter 29 of title 18, United States Code, is amended by striking the item related to section 594 and inserting the following: ``594. Intimidation of voters and election officials.''. all
H.R. 77 (Introduced in House) - ADA Compliance for Customer Entry to Stores and Services Act	https://www.govinfo.gov/content/pkg/BILLS-117hr77ih/html/BILLS-117hr77ih.htm	DOC 117th CONGRESS 1st Session H. R. 77 To amend the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Calvert (for himself and Mr. Rice of South Carolina) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Americans with Disabilities Act of 1990 to promote compliance through education, to clarify the requirements for demand letters, to provide for a notice and cure period before the commencement of a private civil action, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``ADA Compliance for Customer Entry to Stores and Services Act'' or the ``ACCESS Act''. SEC. 2. COMPLIANCE THROUGH EDUCATION. (a) In General.--Based on existing funding, the Disability Rights Section of the Department of Justice shall, in consultation with property owners and representatives of the disability rights community, develop a program to educate State and local governments and property owners on effective and efficient strategies for promoting access to public accommodations for persons with a disability (as defined in section 3 of the Americans with Disabilities Act (42 U.S.C. 12102)). Such program may include training for professionals such as Certified Access Specialists to provide a guidance of remediation for potential violations of the Americans with Disabilities Act. (b) Materials Provided in Other Languages.--The Disability Rights Section of the Department of Justice shall take appropriate actions, to the extent practicable, to make technical assistance publications relating to compliance with this Act and the amendments made by this Act available in all the languages commonly used by owners and operators of United States businesses. SEC. 3. NOTICE AND CURE PERIOD. Paragraph (1) of section 308(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12188(a)(1)) is amended to read as follows: ``(1) Availability of remedies and procedures.-- ``(A) In general.--Subject to subparagraph (B), the remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a-3(a)) are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this title does not intend to comply with its provisions. ``(B) Barriers to access to existing public accommodations.--A civil action under section 302 or 303 based on the failure to remove an architectural barrier to access into an existing public accommodation may not be commenced by a person aggrieved by such failure unless-- ``(i) that person has provided to the owner or operator of the accommodation a written notice specific enough to allow such owner or operator to identify the barrier; and ``(ii)(I) during the period beginning on the date the notice is received and ending 60 days after that date, the owner or operator fails to provide to that person a written description outlining improvements that will be made to remove the barrier; or ``(II) if the owner or operator provides the written description under subclause (I), the owner or operator fails to remove the barrier or, in the case of a barrier, the removal of which requires additional time as a result of circumstances beyond the control of the owner or operator, fails to make substantial progress in removing the barrier during the period beginning on the date the description is provided and ending 60 days after that date. ``(C) Specification of details of alleged violation.--The written notice required under subparagraph (B) must also specify in detail the circumstances under which an individual was actually denied access to a public accommodation, including the address of property, whether a request for assistance in removing an architectural barrier to access was made, and whether the barrier to access was a permanent or temporary barrier.''. SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act take effect 30 days after the date of the enactment of this Act. SEC. 5. MEDIATION FOR ADA ACTIONS RELATED TO ARCHITECTURAL BARRIERS. The Judicial Conference of the United States shall, under rule 16 of the Federal Rules of Civil Procedure or any other applicable law, in consultation with property owners and representatives of the disability rights community, develop a model program to promote the use of alternative dispute resolution mechanisms, including a stay of discovery during mediation, to resolve claims of architectural barriers to access for public accommodations. To the extent practical, the Federal Judicial Center should provide a public comment period on any such proposal. The goal of the model program shall be to promote access quickly and efficiently without the need for costly litigation. The model program should include an expedited method for determining the relevant facts related to such barriers to access and steps taken before the commencement of litigation to resolve any issues related to access. SEC. 6. STUDY REGARDING WCAG 2.0 STANDARDS. Not later than 1 year after the date of enactment of this Act, the Attorney General shall complete a study to determine whether WCAG 2.0 standards, accessibility widgets, or providing a telephone number through which members of the public can obtain the same information and services as they would on a website would all provide reasonable accommodations for individuals with disabilities who are protected by the provisions of the Americans with Disabilities Act of 1990. all
H.R. 78 (Introduced in House) - Legal Workforce Act	https://www.govinfo.gov/content/pkg/BILLS-117hr78ih/html/BILLS-117hr78ih.htm	DOC 117th CONGRESS 1st Session H. R. 78 To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Calvert (for himself, Mr. Babin, Mr. Brooks, Mr. Chabot, Mr. Allen, Mr. Duncan, and Mrs. Lesko) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Legal Workforce Act''. SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS. (a) In General.--Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows: ``(b) Employment Eligibility Verification Process.-- ``(1) New hires, recruitment, and referral.--The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following: ``(A) Attestation after examination of documentation.-- ``(i) Attestation.--During the verification period (as defined in subparagraph (E)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by-- ``(I) obtaining from the individual the individual's social security account number or United States passport number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under subparagraph (B), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and ``(II) examining-- ``(aa) a document relating to the individual presenting it described in clause (ii); or ``(bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv). ``(ii) Documents evidencing employment authorization and establishing identity.--A document described in this subparagraph is an individual's-- ``(I) unexpired United States passport or passport card; ``(II) unexpired permanent resident card that contains a photograph; ``(III) unexpired employment authorization card that contains a photograph; ``(IV) in the case of a nonimmigrant alien authorized to work for a specific employer incident to status, a foreign passport with Form I- 94 or Form I-94A, or other documentation as designated by the Secretary specifying the alien's nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation; ``(V) passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A, or other documentation as designated by the Secretary, indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI; or ``(VI) other document designated by the Secretary of Homeland Security, if the document-- ``(aa) contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the Secretary of Homeland Security finds, by regulation, sufficient for purposes of this clause; ``(bb) is evidence of authorization of employment in the United States; and ``(cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. ``(iii) Documents evidencing employment authorization.--A document described in this subparagraph is an individual's social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States). ``(iv) Documents establishing identity of individual.--A document described in this subparagraph is-- ``(I) an individual's unexpired State issued driver's license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address; ``(II) an individual's unexpired U.S. military identification card; ``(III) an individual's unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; or ``(IV) in the case of an individual under 18 years of age, a parent or legal guardian's attestation under penalty of law as to the identity and age of the individual. ``(v) Authority to prohibit use of certain documents.--If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary may prohibit or place conditions on its use for purposes of this paragraph. ``(vi) Signature.--Such attestation may be manifested by either a handwritten or electronic signature. ``(B) Individual attestation of employment authorization.--During the verification period (as defined in subparagraph (E)), the individual shall attest, under penalty of perjury on the form designated or established for purposes of subparagraph (A), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary of Homeland Security to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature. The individual shall also provide that individual's social security account number or United States passport number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. ``(C) Retention of verification form and verification.-- ``(i) In general.--After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall-- ``(I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending-- ``(aa) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; and ``(bb) in the case of the hiring of an individual, the later of 3 years after the date the verification is completed or one year after the date the individual's employment is terminated; and ``(II) during the verification period (as defined in subparagraph (E)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual. ``(ii) Confirmation.-- ``(I) Confirmation received.--If the person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual. ``(II) Tentative nonconfirmation received.--If the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure. ``(III) Final confirmation or nonconfirmation received.--If a final confirmation or nonconfirmation is provided by the verification system regarding an individual, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual. ``(IV) Extension of time.--If the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time, the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries. If the verification system cannot receive inquiries at all times during a day, the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry, and does not have to provide any additional proof concerning such inquiry. ``(V) Consequences of nonconfirmation.-- ``(aa) Termination or notification of continued employment.--If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify. ``(bb) Failure to notify.-- If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual. ``(VI) Continued employment after final nonconfirmation.--If the person or other entity continues to employ (or to recruit or refer) an individual after receiving final nonconfirmation, a rebuttable presumption is created that the person or entity has violated subsection (a)(1)(A). ``(D) Effective dates of new procedures.-- ``(i) Hiring.--Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows: ``(I) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is 6 months after the date of the enactment of such Act. ``(II) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 12 months after the date of the enactment of such Act. ``(III) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 18 months after the date of the enactment of such Act. ``(IV) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 24 months after the date of the enactment of such Act. ``(ii) Recruiting and referring.--Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Legal Workforce Act. ``(iii) Agricultural labor or services.-- With respect to an employee performing agricultural labor or services, this paragraph shall not apply with respect to the verification of the employee until the date that is 30 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term `agricultural labor or services' has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this clause shall not be counted for purposes of clause (i). ``(iv) Extensions.--Upon request by an employer having 50 or fewer employees, the Secretary shall allow a one-time 6-month extension of the effective date set out in this subparagraph applicable to such employer. Such request shall be made to the Secretary and shall be made prior to such effective date. ``(v) Transition rule.--Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii): ``(I) This subsection, as in effect before the enactment of the Legal Workforce Act. ``(II) Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Legal Workforce Act. ``(III) Any other provision of Federal law requiring the person or entity to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Legal Workforce Act, including Executive Order 13465 (8 U.S.C. 1324a note; relating to Government procurement). ``(E) Verification period defined.-- ``(i) In general.--For purposes of this paragraph: ``(I) In the case of recruitment or referral, the term `verification period' means the period ending on the date recruiting or referring commences. ``(II) In the case of hiring, the term `verification period' means the period beginning on the date on which an offer of employment is extended and ending on the date that is three business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii). ``(ii) Job offer may be conditional.--A person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph. ``(iii) Special rule.--Notwithstanding clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number. ``(2) Reverification for individuals with limited work authorization.-- ``(A) In general.--Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the three business days after the date on which the employee's work authorization expires as follows: ``(i) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is 6 months after the date of the enactment of such Act. ``(ii) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 12 months after the date of the enactment of such Act. ``(iii) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 18 months after the date of the enactment of such Act. ``(iv) With respect to employers having one or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 24 months after the date of the enactment of such Act. ``(B) Agricultural labor or services.--With respect to an employee performing agricultural labor or services, or an employee recruited or referred by a farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with respect to the reverification of the employee until the date that is 30 months after the date of the enactment of the Legal Workforce Act. For purposes of the preceding sentence, the term `agricultural labor or services' has the meaning given such term by the Secretary of Agriculture in regulations and includes agricultural labor as defined in section 3121(g) of the Internal Revenue Code of 1986, agriculture as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state, all activities required for the preparation, processing, or manufacturing of a product of agriculture (as such term is defined in such section 3(f)) for further distribution, and activities similar to all the foregoing as they relate to fish or shellfish facilities. An employee described in this subparagraph shall not be counted for purposes of subparagraph (A). ``(C) Reverification.--Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall-- ``(i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and ``(ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual's employment is terminated. ``(3) Previously hired individuals.-- ``(A) On a mandatory basis for certain employees.-- ``(i) In general.--Not later than the date that is 6 months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual described in clause (ii) employed by the employer whose employment eligibility has not been verified under the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). ``(ii) Individuals described.--An individual described in this clause is any of the following: ``(I) An employee of any unit of a Federal, State, or local government. ``(II) An employee who requires a Federal security clearance working in a Federal, State, or local government building, a military base, a nuclear energy site, a weapons site, or an airport or other facility that requires workers to carry a Transportation Worker Identification Credential (TWIC). ``(III) An employee assigned to perform work in the United States under a Federal contract, except that this subclause-- ``(aa) is not applicable to individuals who have a clearance under Homeland Security Presidential Directive 12 (HSPD 12 clearance), are administrative or overhead personnel, or are working solely on contracts that provide Commercial Off The Shelf goods or services as set forth by the Federal Acquisition Regulatory Council, unless they are subject to verification under subclause (II); and ``(bb) only applies to contracts over the simple acquisition threshold as defined in section 2.101 of title 48, Code of Federal Regulations. ``(B) On a mandatory basis for multiple users of same social security account number.--In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following: ``(i) The Commissioner of Social Security shall notify annually employees (at the employee address listed on the Wage and Tax Statement) who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use. The notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the Social Security Administration Fraud Hotline if the employee believes the employee's identity may have been stolen. The notice shall not share information protected as private, in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft. ``(ii) If the person to whom the social security account number was issued by the Social Security Administration has been identified and confirmed by the Commissioner, and indicates that the social security account number was used without their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work eligible. ``(iii) Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in subsection (d) to check the work eligibility status of the applicable employee within 10 business days of receipt of the notification. ``(C) On a voluntary basis.--Subject to paragraph (2), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 30 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer. If an employer chooses voluntarily to seek verification of any individual employed by the employer, the employer shall seek verification of all individuals employed at the same geographic location or, at the option of the employer, all individuals employed within the same job category, as the employee with respect to whom the employer seeks voluntarily to use the verification system. An employer's decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding, investigation, or review provided for in this Act. ``(D) Verification.--Paragraph (1)(C)(ii) shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall-- ``(i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; and ``(ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Department of Justice, or the Department of Labor during the period beginning on the date the verification commences and ending on the date that is the later of 3 years after the date of such verification or 1 year after the date the individual's employment is terminated. ``(4) Early compliance.-- ``(A) Former e-verify required users, including federal contractors.--Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including employers required to participate in such program by reason of Federal acquisition laws (and regulations promulgated under those laws, including the Federal Acquisition Regulation), to commence compliance with the requirements of this subsection (and any additional requirements of such Federal acquisition laws and regulation) in lieu of any requirement to participate in the E-Verify Program. ``(B) Former e-verify voluntary users and others desiring early compliance.--Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) before such date, as well as by other employers seeking voluntary early compliance. ``(5) Copying of documentation permitted.--Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection. ``(6) Limitation on use of forms.--A form designated or established by the Secretary of Homeland Security under this subsection and any information contained in or appended to such form, may not be used for purposes other than for enforcement of this Act and any other provision of Federal criminal law. ``(7) Good faith compliance.-- ``(A) In general.--Except as otherwise provided in this subsection, a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement. ``(B) Exception if failure to correct after notice.--Subparagraph (A) shall not apply if-- ``(i) the failure is not de minimus; ``(ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; ``(iii) the person or entity has been provided a period of not less than 30 calendar days (beginning after the date of the explanation) within which to correct the failure; and ``(iv) the person or entity has not corrected the failure voluntarily within such period. ``(C) Exception for pattern or practice violators.--Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2). ``(8) Single extension of deadlines upon certification.--In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made except as authorized under paragraph (1)(D)(iv).''. (b) Date of Hire.--Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following: ``(4) Definition of date of hire.--As used in this section, the term `date of hire' means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified.''. SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM. Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows: ``(d) Employment Eligibility Verification System.-- ``(1) In general.--Patterned on the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)-- ``(A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll- free electronic media concerning an individual's identity and whether the individual is authorized to be employed; and ``(B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section. ``(2) Initial response.--The verification system shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation. ``(3) Secondary confirmation process in case of tentative nonconfirmation.--In cases of tentative nonconfirmation, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than 10 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline once on a case-by-case basis for a period of 10 working days, and if the time is extended, shall document such extension within the verification system. The Secretary, in consultation with the Commissioner, shall notify the employee and employer of such extension. The Secretary, in consultation with the Commissioner, shall create a standard process of such extension and notification and shall make a description of such process available to the public. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation. ``(4) Design and operation of system.--The verification system shall be designed and operated-- ``(A) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; ``(B) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; ``(C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; ``(D) to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status, including-- ``(i) the selective or unauthorized use of the system to verify eligibility; or ``(ii) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants; ``(E) to maximize the prevention of identity theft use in the system; and ``(F) to limit the subjects of verification to the following individuals: ``(i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b). ``(ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b). ``(iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis. ``(5) Responsibilities of commissioner of social security.--As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and social security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act. ``(6) Responsibilities of secretary of homeland security.-- As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under paragraphs (2) and (3), compares the name and alien identification or authorization number (or any other information as determined relevant by the Secretary) which are provided in an inquiry against such information maintained or accessed by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States. ``(7) Updating information.--The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3). ``(8) Limitation on use of the verification system and any related systems.-- ``(A) No national identification card.--Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card. ``(B) Critical infrastructure.--The Secretary may authorize or direct any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating part of the critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) to use the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure. ``(9) Remedies.--If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this paragraph.''. SEC. 4. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT. (a) Additional Changes to Rules for Recruitment, Referral, and Continuation of Employment.--Section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) is amended-- (1) in paragraph (1)(A), by striking ``for a fee''; (2) in paragraph (1), by amending subparagraph (B) to read as follows: ``(B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b).''; and (3) in paragraph (2), by striking ``after hiring an alien for employment in accordance with paragraph (1),'' and inserting ``after complying with paragraph (1),''. (b) Definition.--Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)), as amended by section 2(b) of this Act, is further amended by adding at the end the following: ``(5) Definition of recruit or refer.--As used in this section, the term `refer' means the act of sending or directing a person who is in the United States or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party. As used in this section, the term `recruit' means the act of soliciting a person who is in the United States, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are labor service entities or labor service agencies, whether public, private, for-profit, or nonprofit that recruit, dispatch, or otherwise facilitate the hiring of laborers for any period of time by a third party.''. (c) Effective Date.--The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment. SEC. 5. GOOD FAITH DEFENSE. Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(3)) is amended to read as follows: ``(3) Good faith defense.-- ``(A) Defense.--An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)-- ``(i) shall not be liable to a job applicant, an employee, the Federal Government, or a State or local government, under Federal, State, or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection (d); and ``(ii) has established compliance with its obligations under subparagraphs (A) and (B) of paragraph (1) and subsection (b) absent a showing by the Secretary of Homeland Security, by clear and convincing evidence, that the employer had knowledge that an employee is an unauthorized alien. ``(B) Mitigation element.--For purposes of subparagraph (A)(i), if an employer proves by a preponderance of the evidence that the employer uses a reasonable, secure, and established technology to authenticate the identity of the new employee, that fact shall be taken into account for purposes of determining good faith use of the system established under subsection (d). ``(C) Failure to seek and obtain verification.-- Subject to the effective dates and other deadlines applicable under subsection (b), in the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply: ``(i) Failure to seek verification.-- ``(I) In general.--If the person or entity has not made an inquiry, under the mechanism established under subsection (d) and in accordance with the timeframes established under subsection (b), seeking verification of the identity and work eligibility of the individual, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II). ``(II) Special rule for failure of verification mechanism.--If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense. ``(ii) Failure to obtain verification.--If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (d)(2) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period.''. SEC. 6. PREEMPTION AND STATES' RIGHTS. Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows: ``(2) Preemption.-- ``(A) Single, national policy.--The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. ``(B) State enforcement of federal law.-- ``(i) Business licensing.--A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b). ``(ii) General rules.--A State, at its own cost, may enforce the provisions of this section, but only insofar as such State follows the Federal regulations implementing this section, applies the Federal penalty structure set out in this section, and complies with all Federal rules and guidance concerning implementation of this section. Such State may collect any fines assessed under this section. An employer may not be subject to enforcement, including audit and investigation, by both a Federal agency and a State for the same violation under this section. Whichever entity, the Federal agency or the State, is first to initiate the enforcement action, has the right of first refusal to proceed with the enforcement action. The Secretary must provide copies of all guidance, training, and field instructions provided to Federal officials implementing the provisions of this section to each State.''. SEC. 7. REPEAL. (a) In General.--Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is repealed. (b) References.--Any reference in any Federal law, Executive order, rule, regulation, or delegation of authority, or any document of, or pertaining to, the Department of Homeland Security, Department of Justice, or the Social Security Administration, to the employment eligibility confirmation system established under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is deemed to refer to the employment eligibility confirmation system established under section 274A(d) of the Immigration and Nationality Act, as amended by section 3 of this Act. (c) Effective Date.--This section shall take effect on the date that is 30 months after the date of the enactment of this Act. (d) Clerical Amendment.--The table of sections, in section 1(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, is amended by striking the items relating to subtitle A of title IV. SEC. 8. PENALTIES. Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subsection (e)(1)-- (A) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (B) in subparagraph (D), by striking ``Service'' and inserting ``Department of Homeland Security''; (2) in subsection (e)(4)-- (A) in subparagraph (A), in the matter before clause (i), by inserting ``, subject to paragraph (10),'' after ``in an amount''; (B) in subparagraph (A)(i), by striking ``not less than $250 and not more than $2,000'' and inserting ``not less than $2,500 and not more than $5,000''; (C) in subparagraph (A)(ii), by striking ``not less than $2,000 and not more than $5,000'' and inserting ``not less than $5,000 and not more than $10,000''; (D) in subparagraph (A)(iii), by striking ``not less than $3,000 and not more than $10,000'' and inserting ``not less than $10,000 and not more than $25,000''; and (E) by moving the margin of the continuation text following subparagraph (B) two ems to the left and by amending subparagraph (B) to read as follows: ``(B) may require the person or entity to take such other remedial action as is appropriate.''; (3) in subsection (e)(5)-- (A) in the paragraph heading, strike ``paperwork''; (B) by inserting ``, subject to paragraphs (10) through (12),'' after ``in an amount''; (C) by striking ``$100'' and inserting ``$1,000''; (D) by striking ``$1,000'' and inserting ``$25,000''; and (E) by adding at the end the following: ``Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A).''; (4) by adding at the end of subsection (e) the following: ``(10) Exemption from penalty for good faith violation.--In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith. ``(11) Mitigation element.--For purposes of paragraph (4), the size of the business shall be taken into account when assessing the level of civil money penalty. ``(12) Authority to debar employers for certain violations.-- ``(A) In general.--If a person or entity is determined by the Secretary of Homeland Security to be a repeat violator of paragraph (1)(A) or (2) of subsection (a), or is convicted of a crime under this section, such person or entity may be considered for debarment from the receipt of Federal contracts, grants, or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the Federal Acquisition Regulation. ``(B) Does not have contract, grant, agreement.--If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such a person or entity does not hold a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall refer the matter to the Administrator of General Services to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. ``(C) Has contract, grant, agreement.--If the Secretary of Homeland Security or the Attorney General wishes to have a person or entity considered for debarment in accordance with this paragraph, and such person or entity holds a Federal contract, grant, or cooperative agreement, the Secretary or Attorney General shall advise all agencies or departments holding a contract, grant, or cooperative agreement with the person or entity of the Government's interest in having the person or entity considered for debarment, and after soliciting and considering the views of all such agencies and departments, the Secretary or Attorney General may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the List of Parties Excluded from Federal Procurement, and if so, for what duration and under what scope. ``(D) Review.--Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation. ``(13) Office for state and local government complaints.-- The Secretary of Homeland Security shall establish an office-- ``(A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality; ``(B) that is required to indicate to the complaining State or local agency within five business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided; ``(C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity; ``(D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; and ``(E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary.''; and (5) by amending paragraph (1) of subsection (f) to read as follows: ``(1) Criminal penalty.--Any person or entity which engages in a pattern or practice of violations of subsection (a) (1) or (2) shall be fined not more than $5,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not more than 18 months, or both, notwithstanding the provisions of any other Federal law relating to fine levels.''. SEC. 9. FRAUD AND MISUSE OF DOCUMENTS. Section 1546(b) of title 18, United States Code, is amended-- (1) in paragraph (1), by striking ``identification document,'' and inserting ``identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act),''; and (2) in paragraph (2), by striking ``identification document'' and inserting ``identification document or document meant to establish work authorization (including the documents described in section 274A(b) of the Immigration and Nationality Act),''. SEC. 10. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS. (a) Funding Under Agreement.--Effective for fiscal years beginning on or after October 1, 2020, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall-- (1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, including (but not limited to)-- (A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 274A(d), but only that portion of such costs that are attributable exclusively to such responsibilities; and (B) responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section; (2) provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Inspectors General of the Social Security Administration and the Department of Homeland Security. (b) Continuation of Employment Verification in Absence of Timely Agreement.--In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2020, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under subsection (a) for such fiscal year. Until such time as the agreement required under subsection (a) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. SEC. 11. FRAUD PREVENTION. (a) Blocking Misused Social Security Account Numbers.--The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program in which social security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse, shall be blocked from use for such system purposes unless the individual using such number is able to establish, through secure and fair additional security procedures, that the individual is the legitimate holder of the number. (b) Allowing Suspension of Use of Certain Social Security Account Numbers.--The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which victims of identity fraud and other individuals may suspend or limit the use of their social security account number or other identifying information for purposes of the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. (c) Allowing Parents To Prevent Theft of Their Child's Identity.-- The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a program which shall provide a reliable, secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. SEC. 12. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL. An employer who uses the photo matching tool used as part of the E- Verify System shall match the photo tool photograph to both the photograph on the identity or employment eligibility document provided by the employee and to the face of the employee submitting the document for employment verification purposes. SEC. 13. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION PILOT PROGRAMS. Not later than 24 months after the date of the enactment of this Act, the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, shall establish by regulation not less than 2 Identity Authentication Employment Eligibility Verification pilot programs, each using a separate and distinct technology (the ``Authentication Pilots''). The purpose of the Authentication Pilots shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees which shall be available to any employer that elects to participate in either of the Authentication Pilots. Any participating employer may cancel the employer's participation in the Authentication Pilot after one year after electing to participate without prejudice to future participation. The Secretary shall report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate the Secretary's findings on the Authentication Pilots, including the authentication technologies chosen, not later than 12 months after commencement of the Authentication Pilots. SEC. 14. INSPECTOR GENERAL AUDITS. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration shall complete audits of the following categories in order to uncover evidence of individuals who are not authorized to work in the United States: (1) Workers who dispute wages reported on their social security account number when they believe someone else has used such number and name to report wages. (2) Children's social security account numbers used for work purposes. (3) Employers whose workers present significant numbers of mismatched social security account numbers or names for wage reporting. (b) Submission.--The Inspector General of the Social Security Administration shall submit the audits completed under subsection (a) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate for review of the evidence of individuals who are not authorized to work in the United States. The Chairmen of those Committees shall then determine information to be shared with the Secretary of Homeland Security so that such Secretary can investigate the unauthorized employment demonstrated by such evidence. all
H.R. 79 (Introduced in House) - Nationally Enhancing the Well-being of Babies through Outreach and Research Now Act	https://www.govinfo.gov/content/pkg/BILLS-117hr79ih/html/BILLS-117hr79ih.htm	DOC 117th CONGRESS 1st Session H. R. 79 To authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Cohen (for himself, Ms. Jackson Lee, Mr. Payne, Ms. Roybal-Allard, Mrs. Dingell, Ms. Dean, Mr. Bishop of Georgia, Mr. Rush, Mr. Lawson of Florida, and Ms. Norton) introduced the following bill; which was referred to the Committee on Energy and Commerce _______________________________________________________________________ A BILL To authorize funding for the creation and implementation of infant mortality pilot programs in standard metropolitan statistical areas with high rates of infant mortality, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nationally Enhancing the Well-being of Babies through Outreach and Research Now Act'' or the ``NEWBORN Act''. SEC. 2. INFANT MORTALITY PILOT PROGRAMS. Section 330H of the Public Health Service Act (42 U.S.C. 254c-8) is amended-- (1) by redesignating subsection (e) as subsection (f); (2) by inserting after subsection (d) the following: ``(e) Infant Mortality Pilot Programs.-- ``(1) In general.--The Secretary, acting through the Administrator, shall award grants to eligible entities to create, implement, and oversee infant mortality pilot programs. ``(2) Period of a grant.--The period of a grant under this subsection shall be up to 5 years. ``(3) Preference.--In awarding grants under this subsection, the Secretary shall give preference to-- ``(A) eligible entities proposing to serve any of the 15 counties or groups of counties with the highest rates of infant mortality in the United States in the past 3 years; and ``(B) eligible entities whose proposed infant mortality pilot program would address-- ``(i) birth defects; ``(ii) preterm birth and low birth weight; ``(iii) sudden infant death syndrome; ``(iv) maternal pregnancy complications; or ``(v) injuries to infants. ``(4) Use of funds.--Any infant mortality pilot program funded under this subsection may-- ``(A) include the development of a plan that identifies the individual needs of each community to be served and strategies to address those needs; ``(B) provide outreach to at-risk mothers through programs deemed appropriate by the Administrator; ``(C) develop and implement standardized systems for improved access, utilization, and quality of social, educational, and clinical services to promote healthy pregnancies, full-term births, and healthy infancies delivered to women and their infants, such as-- ``(i) counseling on infant care, feeding, and parenting; ``(ii) postpartum care; ``(iii) prevention of premature delivery; and ``(iv) additional counseling for at-risk mothers, including smoking cessation programs, drug treatment programs, alcohol treatment programs, nutrition and physical activity programs, postpartum depression and domestic violence programs, social and psychological services, dental care, and parenting programs; ``(D) establish a rural outreach program to provide care to at-risk mothers in rural areas; ``(E) establish a regional public education campaign, including a campaign to-- ``(i) prevent preterm births; and ``(ii) educate the public about infant mortality; ``(F) provide for any other activities, programs, or strategies as identified by the community plan; and ``(G) coordinate efforts between-- ``(i) the health department of each county or other eligible entity to be served through the infant mortality pilot program; and ``(ii) existing entities that work to reduce the rate of infant mortality within the area of any such county or other eligible entity. ``(5) Limitation.--Of the funds received through a grant under this subsection for a fiscal year, an eligible entity shall not use more than 10 percent for program evaluation. ``(6) Reports on pilot programs.-- ``(A) In general.--Not later than 1 year after receiving a grant, and annually thereafter for the duration of the grant period, each entity that receives a grant under paragraph (1) shall submit a report to the Secretary detailing its infant mortality pilot program. ``(B) Contents of report.--The reports required under subparagraph (A) shall include information such as the methodology of, and outcomes and statistics from, the grantee's infant mortality pilot program. ``(C) Evaluation.--The Secretary shall use the reports required under subparagraph (A) to evaluate, and conduct statistical research on, infant mortality pilot programs funded through this subsection. ``(7) Definitions.--For the purposes of this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(B) Eligible entity.--The term `eligible entity' means a county, city, territorial, or tribal health department that has submitted a proposal to the Secretary that the Secretary deems likely to reduce infant mortality rates within the standard metropolitan statistical area involved. ``(C) Tribal.--The term `tribal' refers to an Indian tribe, a Tribal organization, or an Urban Indian organization, as such terms are defined in section 4 of the Indian Health Care Improvement Act.''; and (3) in subsection (f), as redesignated-- (A) in paragraph (1)-- (i) by amending the heading to read: ``Healthy start initiative''; and (ii) by inserting after ``carrying out this section'' the following: ``(other than subsection (e))''; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: ``(2) Infant mortality pilot programs.--There is authorized to be appropriated $10,000,000 for each of fiscal years 2021 through 2025 to carry out subsection (e). Amounts authorized by this paragraph to be appropriated to carry out subsection (e) are in addition to amounts authorized by paragraph (1) to be appropriated to carry out the Healthy Start Initiative under subsection (a).''; and (D) in paragraph (3)(A), as redesignated, by striking ``the program under this section'' and inserting ``the program under subsection (a)''. all
H.R. 7 (Engrossed in House) - Paycheck Fairness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr7eh/html/BILLS-117hr7eh.htm	DOC 117th CONGRESS 1st Session H. R. 7 _______________________________________________________________________ AN ACT To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paycheck Fairness Act''. SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Sex' includes-- ``(1) pregnancy, childbirth, or a related medical condition; ``(2) sexual orientation or gender identity; and ``(3) sex characteristics, including intersex traits. ``(aa) `Sexual orientation' includes homosexuality, heterosexuality, and bisexuality. ``(bb) `Gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.''. (b) Bona Fide Factor Defense and Modification of Same Establishment Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended-- (1) by striking ``No employer having'' and inserting ``(A) No employer having''; (2) by striking ``the opposite'' and inserting ``another''; (3) by striking ``any other factor other than sex'' and inserting ``a bona fide factor other than sex, such as education, training, or experience''; and (4) by inserting at the end the following: ``(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job- related with respect to the position in question; (iii) is consistent with business necessity; and (iv) accounts for the entire differential in compensation at issue. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. ``(C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term `establishment' consistent with rules prescribed or guidance issued by the Equal Employment Opportunity Commission.''. (c) Nonretaliation Provision.--Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``employee has filed'' and all that follows and inserting ``employee-- ``(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry committee; ``(B) has opposed any practice made unlawful by this Act; or ``(C) has inquired about, discussed, or disclosed the wages of the employee or another employee (such as by inquiring or discussing with the employer why the wages of the employee are set at a certain rate or salary);''; (B) in paragraph (5), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(6) to require an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages.''; and (2) by adding at the end the following: ``(c) Subsection (a)(3)(C) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.''. (d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d), or who violates the provisions of section 15(a)(3) in relation to section 6(d), shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3), the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (e) Action by the Secretary.--Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)''; and (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''. (f) Enforcement Authority.-- (1) In general.--The Equal Opportunity Employment Commission shall carry out the functions and authorities described in section 1 of Reorganization Plan No. 1 of 1978 (92 Stat. 3781; 5 U.S.C. App.) to enforce and administer the provisions of section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), except that the Secretary of Labor, through the Office of Federal Contract Compliance Programs, may also enforce this provision with respect to Federal contractors, Federal subcontractors, and federally-assisted construction contractors, within the jurisdiction of the Office of Federal Contract Compliance Programs under Executive Order No. 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity) or a successor Executive order. (2) Coordination.--The Equal Opportunity Employment Commission shall issue such regulations as may be necessary to explain and implement the standards of such section 6(d). The Secretary of Labor may issue regulations to govern procedures for enforcement of section 6(d) by the Office of Federal Contract Compliance Programs. The Secretary of Labor and the Equal Employment Opportunity Commission shall establish other coordinating mechanisms as may be necessary. SEC. 3. TRAINING. The Equal Employment Opportunity Commission and the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 11, shall provide training to employees of the Commission and the Office of Federal Contract Compliance Programs and to affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 4. NEGOTIATION SKILLS TRAINING. (a) Negotiation Bias Training.-- (1) In general.--The Secretary of Labor shall establish a program to award contracts and grants for the purpose of training employers about the role that salary negotiation and other inconsistent wage setting practices can have on allowing bias to enter compensation. (2) Training topics.--Each training program established using funds under section (a) shall include an overview of how structural issues may cause inequitable earning and advancement opportunities for women and people of color and assist employers in examining the impact of a range of practices on such opportunities, including-- (A) self-auditing to identify structural issues that allow bias and inequity to enter compensation; (B) recruitment of candidates to ensure diverse pools of applicants; (C) salary negotiations that result in similarly qualified workers entering at different rates of pay; (D) internal equity among workers with similar skills, effort, responsibility and working conditions; (E) consistent use of market rates and incentives driven by industry competitiveness; (F) evaluation of the rate of employee progress and advancement to higher paid positions; (G) work assignments that result in greater opportunity for advancement; (H) training, development and promotion opportunities; (I) impact of mid-level or senior level hiring in comparison to wage rates of incumbent workers; (J) opportunities to win commissions and bonuses; (K) performance reviews and raises; (L) processes for adjusting pay to address inconsistency and inequity in compensation; and (M) other topics that research identifies as a common area for assumptions, bias and inequity to impact compensation. (b) Program Authorized.-- (1) In general.--The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program. (2) Grants.--In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities to carry out negotiation skills training programs for the purposes of addressing pay disparities, including through outreach to women and girls. (3) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization. (4) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require. (5) Use of funds.--An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program for the purposes described in paragraph (2). (c) Incorporating Training Into Existing Programs.--The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under-- (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and (2) in the case of the Secretary of Labor, the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate. (d) Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary of Labor, in consultation with the Secretary of Education, shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this section. SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. (a) In General.--Not later than 18 months after the date of enactment of this Act, and periodically thereafter, the Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women (including women who are Asian American, Black or African-American, Hispanic American or Latino, Native American or Alaska Native, Native Hawaiian or Pacific Islander, and White American), including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities, with specific attention paid to women and girls from historically underrepresented and minority groups; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State, local, and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; and (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities. (b) Research on Gender Pay Gap in Teenage Labor Force.-- (1) Research review.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women's Bureau, shall conduct a review and develop a synthesis of research on the gender wage gap among younger workers existing as of the date of enactment of this Act, and shall make such review and synthesis available on a publicly accessible website of the Department of Labor. (2) Authority to commission studies.--Not later than 36 months after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women's Bureau, shall request proposals and commission studies that can advance knowledge on the gender wage gap among younger workers, and shall make such studies available on a publicly accessible website of the Department of Labor. SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the National Award for Pay Equity in the Workplace, which shall be awarded by the Secretary of Labor in consultation with the Equal Employment Opportunity Commission, on an annual basis, to an employer to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), as amended by this Act. (b) Criteria for Qualification.--The Secretary of Labor, in consultation with the Equal Employment Opportunity Commission, shall-- (1) set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women and deserves special recognition as a consequence of such effort; and (2) establish procedures for the application and presentation of the award. (c) Business.--In this section, the term ``employer'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 7. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 24 months after the date of enactment of this subsection, the Commission shall provide for the annual collection from employers of compensation data disaggregated by the sex, race, and national origin of employees. The Commission may also require employers to submit other employment-related data (including hiring, termination, and promotion data) so disaggregated. ``(2) In carrying out paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. The Commission shall also consider factors including the imposition of burdens on employers, the frequency of required reports (including the size of employers required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format to report such data. ``(3)(A) For each 12-month reporting period for an employer, the data collected under paragraph (1) shall include compensation data disaggregated by the categories described in subparagraph (E). ``(B) For the purposes of collecting the disaggregated compensation data described in subparagraph (A), the Commission may use compensation ranges reporting-- ``(i) the number of employees of the employer who earn compensation in an amount that falls within such compensation range; and ``(ii) the total number of hours worked by such employees. ``(C) If the Commission uses compensation ranges to collect the pay data described in subparagraph (A), the Commission may adjust such compensation ranges-- ``(i) if the Commission determines that such adjustment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or ``(ii) for inflation, in consultation with the Bureau of Labor Statistics. ``(D) In collecting data described in subparagraph (A)(ii), the Commission may provide that, with respect to an employee who the employer is not required to compensate for overtime employment under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an employer may report-- ``(i) in the case of a full-time employee, that such employee works 40 hours per week, and in the case of a part- time employee, that such employee works 20 hours per week; or ``(ii) the actual number of hours worked by such employee. ``(E) The categories described in this subparagraph shall be determined by the Commission and shall include-- ``(i) race; ``(ii) national origin; ``(iii) sex; and ``(iv) job categories, including the job categories described in the instructions for the Equal Employment Opportunity Employer Information Report EEO-1, as in effect on the date of the enactment of this subsection. ``(F) The Commission shall use the compensation data collected under paragraph (1)-- ``(i) to enhance-- ``(I) the investigation of charges filed under section 706 or section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); and ``(II) the allocation of resources to investigate such charges; and ``(ii) for any other purpose that the Commission determines appropriate. ``(G) The Commission shall at 18-month intervals make publicly available aggregate compensation data collected under paragraph (1) for the categories described in subparagraph (E), disaggregated by industry, occupation, and core based statistical area (as defined by the Office of Management and Budget). ``(4) The compensation data under paragraph (1) shall be collected from each employer that-- ``(A) is a private employer that has 100 or more employees, including such an employer that is a contractor with the Federal Government, or a subcontractor at any tier thereof; or ``(B) the Commission determines appropriate.''. SEC. 8. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION. (a) Bureau of Labor Statistics Data Collection.--The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. (b) Office of Federal Contract Compliance Programs Initiatives.-- The Director of the Office of Federal Contract Compliance Programs shall collect compensation data and other employment-related data (including, hiring, termination, and promotion data) by demographics and designate not less than half of all nonconstruction contractors each year to prepare and file such data, and shall review and utilize the responses to such data to identify contractors for further evaluation and for other enforcement purposes as appropriate. (c) Department of Labor Distribution of Wage Discrimination Information.--The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination. SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND BENEFIT HISTORY. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section: ``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND BENEFIT HISTORY. ``(a) In General.--It shall be an unlawful practice for an employer to-- ``(1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment; ``(2) rely on the wage history of a prospective employee in determining the wages for such prospective employee, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee, after the employer makes an offer of employment with an offer of compensation to the prospective employee, to support a wage higher than the wage offered by the employer; ``(3) seek from a prospective employee or any current or former employer the wage history of the prospective employee, except that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer; or ``(4) discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee-- ``(A) opposed any act or practice made unlawful by this section; or ``(B) took an action for which discrimination is forbidden under section 15(a)(3). ``(b) Definition.--In this section, the term `wage history' means the wages paid to the prospective employee by the prospective employee's current employer or previous employer.''. (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) Any person who violates the provisions of section 8 shall-- ``(A) be subject to a civil penalty of $5,000 for a first offense, increased by an additional $1,000 for each subsequent offense, not to exceed $10,000; and ``(B) be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys' fees, and shall be subject to such injunctive relief as may be appropriate. ``(2) An action to recover the liability described in paragraph (1)(B) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of-- ``(A) the employees or prospective employees; and ``(B) other employees or prospective employees similarly situated.''. SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE. (a) In General.--There is established the National Equal Pay Enforcement Task Force, consisting of representatives from the Equal Employment Opportunity Commission, the Department of Justice, the Department of Labor, and the Office of Personnel Management. (b) Mission.--In order to improve compliance, public education, and enforcement of equal pay laws, the National Equal Pay Enforcement Task Force will ensure that the agencies in subsection (a) are coordinating efforts and limiting potential gaps in enforcement. (c) Duties.--The National Equal Pay Enforcement Task Force shall investigate challenges related to pay inequity pursuant to its mission in subsection (b), advance recommendations to address those challenges, and create action plans to implement the recommendations. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Prohibition on Earmarks.--None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives. SEC. 12. SMALL BUSINESS ASSISTANCE. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical Assistance Materials.--The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small enterprises in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses.--A small enterprise shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such enterprise is exempt from the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)). SEC. 13. NOTICE REQUIREMENTS. (a) In General.--Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Equal Employment Opportunity Commission and the Secretary of Labor, of the requirements described in this Act (or the amendments made by such Act). (b) Relation to Existing Notices.--The notice under subsection (a) may be incorporated into notices required of the employer as of the date of enactment of this Act. (c) Digital Notice.--With respect to the notice under subsection (a), each employer shall-- (1) post electronic copies of the notice on an internal website to which employees have access; and (2) notify employees on such internal website of the location of the place on the premises where the notice is posted. SEC. 14. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions. SEC. 15. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of that provision or amendment to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision to other persons or circumstances shall not be affected. Passed the House of Representatives April 15, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 7 _______________________________________________________________________ AN ACT To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes.
H.R. 7 (Introduced in House) - Paycheck Fairness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr7ih/html/BILLS-117hr7ih.htm	DOC 117th CONGRESS 1st Session H. R. 7 To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. DeLauro (for herself, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. Auchincloss, Mrs. Axne, Ms. Barragan, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Ms. Bourdeaux, Mr. Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Ms. Bush, Mrs. Bustos, Mr. Butterfield, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. Cartwright, Mr. Case, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, Mr. Courtney, Ms. Craig, Mr. Crow, Mr. Cuellar, Ms. Davids of Kansas, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DelBene, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Michael F. Doyle of Pennsylvania, Mr. Doggett, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Mr. Garcia of Illinois, Ms. Garcia of Texas, Mr. Golden, Mr. Gomez, Mr. Vicente Gonzalez of Texas, Mr. Gottheimer, Mr. Green of Texas, Mr. Grijalva, Mr. Harder of California, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Himes, Mr. Horsford, Ms. Houlahan, Mr. Hoyer, Mr. Huffman, Ms. Jackson Lee, Ms. Jacobs of California, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Jones, Mr. Kahele, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Kind, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lamb, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Manning, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mrs. Murphy of Florida, Mr. Mrvan, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Mr. Neal, Ms. Newman, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Mr. O'Halleran, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Payne, Ms. Pelosi, Mr. Perlmutter, Mr. Peters, Mr. Phillips, Ms. Pingree, Ms. Plaskett, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal- Allard, Mr. Ruiz, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Mr. Sablan, Mr. San Nicolas, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Schrader, Ms. Schrier, Mr. David Scott of Georgia, Mr. Scott of Virginia, Ms. Sewell, Mr. Sherman, Ms. Sherrill, Mr. Sires, Ms. Slotkin, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Speier, Mr. Stanton, Ms. Stevens, Ms. Strickland, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of California, Mr. Torres of New York, Mrs. Trahan, Mr. Trone, Ms. Underwood, Mr. Vargas, Mr. Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Smith of New Jersey, Mr. Fitzpatrick, Mr. Crist, and Ms. Bass) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paycheck Fairness Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Women have entered the workforce in record numbers over the past 50 years. (2) Despite the enactment of the Equal Pay Act of 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. Pay disparities are especially severe for women and girls of color. (3) In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination. After controlling for educational attainment, occupation, industry, union status, race, ethnicity, and labor force experience roughly 40 percent of the pay gap remains unexplained. (4) The existence of such pay disparities-- (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) undermines women's retirement security, which is often based on earnings while in the workforce; (C) prevents women from realizing their full economic potential, particularly in terms of labor force participation and attachment; (D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (E) burdens commerce and the free flow of goods in commerce; (F) constitutes an unfair method of competition in commerce; (G) tends to cause labor disputes, as evidenced by the tens of thousands of charges filed with the Equal Employment Opportunity Commission against employers between 2010 and 2016; (H) interferes with the orderly and fair marketing of goods in commerce; and (I) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th Amendments to the Constitution. (5)(A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.). (B) These barriers have resulted, in significant part, because the Equal Pay Act of 1963 has not worked as Congress originally intended. Improvements and modifications to the law are necessary to ensure that the Act provides effective protection to those subject to pay discrimination on the basis of their sex. (C) Elimination of such barriers would have positive effects, including-- (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; (iii) promoting stable families by enabling all family members to earn a fair rate of pay; (iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and (v) ensuring equal protection pursuant to Congress' power to enforce the 5th and 14th Amendments to the Constitution. (6) The Department of Labor and the Equal Employment Opportunity Commission carry out functions to help ensure that women receive equal pay for equal work. (7) The Department of Labor is responsible for-- (A) collecting and making publicly available information about women's pay; (B) ensuring that companies receiving Federal contracts comply with anti-discrimination affirmative action requirements of Executive Order 11246 (relating to equal employment opportunity); (C) disseminating information about women's rights in the workplace; (D) helping women who have been victims of pay discrimination obtain a remedy; and (E) investigating and prosecuting systemic gender based pay discrimination involving government contractors. (8) The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act of 1963, and issues regulations and guidance on appropriate interpretations of the law. (9) Vigorous implementation by the Department of Labor and the Equal Employment Opportunity Commission, increased information as a result of the amendments made by this Act, wage data, and more effective remedies, will ensure that women are better able to recognize and enforce their rights. (10) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. SEC. 3. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Bona Fide Factor Defense and Modification of Same Establishment Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended-- (1) by striking ``No employer having'' and inserting ``(A) No employer having''; (2) by striking ``any other factor other than sex'' and inserting ``a bona fide factor other than sex, such as education, training, or experience''; and (3) by inserting at the end the following: ``(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job-related with respect to the position in question; (iii) is consistent with business necessity; and (iv) accounts for the entire differential in compensation at issue. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. ``(C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term `establishment' consistent with rules prescribed or guidance issued by the Equal Employment Opportunity Commission.''. (b) Nonretaliation Provision.--Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``employee has filed'' and all that follows and inserting ``employee-- ``(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry committee; or ``(B) has inquired about, discussed, or disclosed the wages of the employee or another employee (such as by inquiring or discussing with the employer why the wages of the employee are set at a certain rate or salary);''; (B) in paragraph (5), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(6) to require an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages.''; and (2) by adding at the end the following: ``(c) Subsection (a)(3)(B) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.''. (c) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3), the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (d) Action by Secretary.--Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)''; (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''; and (4) in the sixth sentence-- (A) by striking ``commenced in the case'' and inserting ``commenced-- ``(1) in the case''; (B) by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.''. SEC. 4. TRAINING. The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 11, shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 5. NEGOTIATION SKILLS TRAINING. (a) Program Authorized.-- (1) In general.--The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program. (2) Grants.--In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities to carry out negotiation skills training programs for the purposes of addressing pay disparities, including through outreach to women and girls. (3) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization. (4) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require. (5) Use of funds.--An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program for the purposes described in paragraph (2). (b) Incorporating Training Into Existing Programs.--The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under-- (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and (2) in the case of the Secretary of Labor, the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate. (c) Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary of Labor, in consultation with the Secretary of Education, shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this section. SEC. 6. RESEARCH, EDUCATION, AND OUTREACH. (a) In General.--Not later than 18 months after the date of enactment of this Act, and periodically thereafter, the Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women (including women who are Asian American, Black or African-American, Hispanic American or Latino, Native American or Alaska Native, Native Hawaiian or Pacific Islander, and White American), including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities, with specific attention paid to women and girls from historically underrepresented and minority groups; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State, local, and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; and (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities. (b) Report on Gender Pay Gap in Teenage Labor Force.-- (1) Report required.--Not later than one year after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women's Bureau and in coordination with the Commissioner of Labor Statistics, shall-- (A) submit to Congress a report on the gender pay gap in the teenage labor force; and (B) make the report available on a publicly accessible website of the Department of Labor. (2) Elements.--The report under subsection (a) shall include the following: (A) An examination of trends and potential solutions relating to the teenage gender pay gap. (B) An examination of how the teenage gender pay gap potentially translates into greater wage gaps in the overall labor force. (C) An examination of overall lifetime earnings and losses for informal and formal jobs for women, including women of color. (D) An examination of the teenage gender pay gap, including a comparison of the average amount earned by males and females, respectively, in informal jobs, such as babysitting and other freelance jobs, as well as formal jobs, such as retail, restaurant, and customer service. (E) A comparison of-- (i) the types of tasks typically performed by women from the teenage years through adulthood within certain informal jobs, such as babysitting and other freelance jobs, and formal jobs, such as retail, restaurant, and customer service; and (ii) the types of tasks performed by younger males in such positions. (F) Interviews and surveys with workers and employers relating to early gender-based pay discrepancies. (G) Recommendations for-- (i) addressing pay inequality for women from the teenage years through adulthood, including such women of color; (ii) addressing any disadvantages experienced by young women with respect to work experience and professional development; (iii) the development of standards and best practices for workers and employees to ensure better pay for young women and the prevention of early inequalities in the workplace; and (iv) expanding awareness for teenage girls on pay rates and employment rights in order to reduce greater inequalities in the overall labor force. SEC. 7. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the Secretary of Labor's National Award for Pay Equity in the Workplace, which shall be awarded, on an annual basis, to an employer to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), as amended by this Act. (b) Criteria for Qualification.--The Secretary of Labor shall set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence of such effort. The Secretary shall establish procedures for the application and presentation of the award. (c) Business.--In this section, the term ``employer'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 8. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall provide for the collection from employers of compensation data and other employment-related data (including hiring, termination, and promotion data) disaggregated by the sex, race, and ethnic identity of employees. ``(2) In carrying out paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including the size of employers required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format to report such data. ``(3)(A) For each 12-month reporting period for an employer, the compensation data collected under paragraph (1) shall include, for each range of taxable compensation described in subparagraph (B), disaggregated by the categories described in subparagraph (E)-- ``(i) the number of employees of the employer who earn taxable compensation in an amount that falls within such taxable compensation range; and ``(ii) the total number of hours worked by such employees. ``(B) Subject to adjustment under subparagraph (C), the taxable compensation ranges described in this subparagraph are as follows: ``(i) Not more than $19,239. ``(ii) Not less than $19,240 and not more than $24,439. ``(iii) Not less than $24,440 and not more than $30,679. ``(iv) Not less than $30,680 and not more than $38,999. ``(v) Not less than $39,000 and not more than $49,919. ``(vi) Not less than $49,920 and not more than $62,919. ``(vii) Not less than $62,920 and not more than $80,079. ``(viii) Not less than $80,080 and not more than $101,919. ``(ix) Not less than $101,920 and not more than $128,959. ``(x) Not less than $128,960 and not more than $163,799. ``(xi) Not less than $163,800 and not more than $207,999. ``(xii) Not less than $208,000. ``(C) The Commission may adjust the taxable compensation ranges under subparagraph (B)-- ``(i) if the Commission determines that such adjustment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or ``(ii) for inflation, in consultation with the Bureau of Labor Statistics. ``(D) In collecting data described in subparagraph (A)(ii), the Commission shall provide that, with respect to an employee who the employer is not required to compensate for overtime employment under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an employer may report-- ``(i) in the case of a full-time employee, that such employee works 40 hours per week, and in the case of a part- time employee, that such employee works 20 hours per week; or ``(ii) the actual number of hours worked by such employee. ``(E) The categories described in this subparagraph shall be determined by the Commission and shall include-- ``(i) race; ``(ii) ethnic identity; ``(iii) sex; and ``(iv) job categories, including the job categories described in the instructions for the Equal Employment Opportunity Employer Information Report EEO-1, as in effect on the date of the enactment of this subsection. ``(F) The Commission shall use the compensation data collected under paragraph (1)-- ``(i) to enhance-- ``(I) the investigation of charges filed under section 706 or section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); and ``(II) the allocation of resources to investigate such charges; and ``(ii) for any other purpose that the Commission determines appropriate. ``(G) The Commission shall annually make publicly available aggregate compensation data collected under paragraph (1) for the categories described in subparagraph (E), disaggregated by industry, occupation, and core based statistical area (as defined by the Office of Management and Budget). ``(4) The compensation data under paragraph (1) shall be collected from each employer that-- ``(A) is a private employer that has 100 or more employees, including such an employer that is a contractor with the Federal Government, or a subcontractor at any tier thereof; or ``(B) the Commission determines appropriate.''. SEC. 9. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION. (a) Bureau of Labor Statistics Data Collection.--The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. (b) Office of Federal Contract Compliance Programs Initiatives.-- The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office-- (1)(A) shall use the full range of investigatory tools at the Office's disposal, including pay grade methodology; (B) in considering evidence of possible compensation discrimination-- (i) shall not limit its consideration to a small number of types of evidence; and (ii) shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and (C) shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case; (2) for purposes of its investigative, compliance, and enforcement activities, shall define ``similarly situated employees'' in a way that is consistent with and not more stringent than the definition provided in item 1 of subsection A of section 10-III of the Equal Employment Opportunity Commission Compliance Manual (2000), and shall consider only factors that the Office's investigation reveals were used in making compensation decisions; and (3) shall implement a survey to collect compensation data and other employment-related data (including hiring, termination, and promotion data) and designate not less than half of all nonconstruction contractor establishments each year to prepare and file such survey, and shall review and utilize the responses to such survey to identify contractor establishments for further evaluation and for other enforcement purposes as appropriate. (c) Department of Labor Distribution of Wage Discrimination Information.--The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination. SEC. 10. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND BENEFIT HISTORY. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section: ``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND BENEFIT HISTORY. ``(a) In General.--It shall be an unlawful practice for an employer to-- ``(1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment; ``(2) rely on the wage history of a prospective employee in determining the wages for such prospective employee, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee, after the employer makes an offer of employment with an offer of compensation to the prospective employee, to support a wage higher than the wage offered by the employer; ``(3) seek from a prospective employee or any current or former employer the wage history of the prospective employee, except that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer; or ``(4) discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee-- ``(A) opposed any act or practice made unlawful by this section; or ``(B) took an action for which discrimination is forbidden under section 15(a)(3). ``(b) Definition.--In this section, the term `wage history' means the wages paid to the prospective employee by the prospective employee's current employer or previous employer.''. (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) Any person who violates the provisions of section 8 shall-- ``(A) be subject to a civil penalty of $5,000 for a first offense, increased by an additional $1,000 for each subsequent offense, not to exceed $10,000; and ``(B) be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys' fees, and shall be subject to such injunctive relief as may be appropriate. ``(2) An action to recover the liability described in paragraph (1)(B) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of-- ``(A) the employees or prospective employees; and ``(B) other employees or prospective employees similarly situated.''. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Prohibition on Earmarks.--None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives. SEC. 12. SMALL BUSINESS ASSISTANCE. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical Assistance Materials.--The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small enterprises in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses.--A small enterprise shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such enterprise is exempt from the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)). SEC. 13. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions. SEC. 14. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of that provision or amendment to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision to other persons or circumstances shall not be affected. all
H.R. 7 (Placed on Calendar Senate) - Paycheck Fairness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr7pcs/html/BILLS-117hr7pcs.htm	DOC Calendar No. 46 117th CONGRESS 1st Session H. R. 7 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES April 19, 2021 Received; read the first time April 20, 2021 Read the second time and placed on the calendar _______________________________________________________________________ AN ACT To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paycheck Fairness Act''. SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Sex' includes-- ``(1) pregnancy, childbirth, or a related medical condition; ``(2) sexual orientation or gender identity; and ``(3) sex characteristics, including intersex traits. ``(aa) `Sexual orientation' includes homosexuality, heterosexuality, and bisexuality. ``(bb) `Gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.''. (b) Bona Fide Factor Defense and Modification of Same Establishment Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended-- (1) by striking ``No employer having'' and inserting ``(A) No employer having''; (2) by striking ``the opposite'' and inserting ``another''; (3) by striking ``any other factor other than sex'' and inserting ``a bona fide factor other than sex, such as education, training, or experience''; and (4) by inserting at the end the following: ``(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job- related with respect to the position in question; (iii) is consistent with business necessity; and (iv) accounts for the entire differential in compensation at issue. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. ``(C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term `establishment' consistent with rules prescribed or guidance issued by the Equal Employment Opportunity Commission.''. (c) Nonretaliation Provision.--Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``employee has filed'' and all that follows and inserting ``employee-- ``(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry committee; ``(B) has opposed any practice made unlawful by this Act; or ``(C) has inquired about, discussed, or disclosed the wages of the employee or another employee (such as by inquiring or discussing with the employer why the wages of the employee are set at a certain rate or salary);''; (B) in paragraph (5), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(6) to require an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages.''; and (2) by adding at the end the following: ``(c) Subsection (a)(3)(C) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.''. (d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d), or who violates the provisions of section 15(a)(3) in relation to section 6(d), shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3), the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (e) Action by the Secretary.--Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)''; and (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''. (f) Enforcement Authority.-- (1) In general.--The Equal Opportunity Employment Commission shall carry out the functions and authorities described in section 1 of Reorganization Plan No. 1 of 1978 (92 Stat. 3781; 5 U.S.C. App.) to enforce and administer the provisions of section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), except that the Secretary of Labor, through the Office of Federal Contract Compliance Programs, may also enforce this provision with respect to Federal contractors, Federal subcontractors, and federally-assisted construction contractors, within the jurisdiction of the Office of Federal Contract Compliance Programs under Executive Order No. 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity) or a successor Executive order. (2) Coordination.--The Equal Opportunity Employment Commission shall issue such regulations as may be necessary to explain and implement the standards of such section 6(d). The Secretary of Labor may issue regulations to govern procedures for enforcement of section 6(d) by the Office of Federal Contract Compliance Programs. The Secretary of Labor and the Equal Employment Opportunity Commission shall establish other coordinating mechanisms as may be necessary. SEC. 3. TRAINING. The Equal Employment Opportunity Commission and the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 11, shall provide training to employees of the Commission and the Office of Federal Contract Compliance Programs and to affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 4. NEGOTIATION SKILLS TRAINING. (a) Negotiation Bias Training.-- (1) In general.--The Secretary of Labor shall establish a program to award contracts and grants for the purpose of training employers about the role that salary negotiation and other inconsistent wage setting practices can have on allowing bias to enter compensation. (2) Training topics.--Each training program established using funds under section (a) shall include an overview of how structural issues may cause inequitable earning and advancement opportunities for women and people of color and assist employers in examining the impact of a range of practices on such opportunities, including-- (A) self-auditing to identify structural issues that allow bias and inequity to enter compensation; (B) recruitment of candidates to ensure diverse pools of applicants; (C) salary negotiations that result in similarly qualified workers entering at different rates of pay; (D) internal equity among workers with similar skills, effort, responsibility and working conditions; (E) consistent use of market rates and incentives driven by industry competitiveness; (F) evaluation of the rate of employee progress and advancement to higher paid positions; (G) work assignments that result in greater opportunity for advancement; (H) training, development and promotion opportunities; (I) impact of mid-level or senior level hiring in comparison to wage rates of incumbent workers; (J) opportunities to win commissions and bonuses; (K) performance reviews and raises; (L) processes for adjusting pay to address inconsistency and inequity in compensation; and (M) other topics that research identifies as a common area for assumptions, bias and inequity to impact compensation. (b) Program Authorized.-- (1) In general.--The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program. (2) Grants.--In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities to carry out negotiation skills training programs for the purposes of addressing pay disparities, including through outreach to women and girls. (3) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization. (4) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require. (5) Use of funds.--An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program for the purposes described in paragraph (2). (c) Incorporating Training Into Existing Programs.--The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under-- (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and (2) in the case of the Secretary of Labor, the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate. (d) Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary of Labor, in consultation with the Secretary of Education, shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this section. SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. (a) In General.--Not later than 18 months after the date of enactment of this Act, and periodically thereafter, the Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women (including women who are Asian American, Black or African-American, Hispanic American or Latino, Native American or Alaska Native, Native Hawaiian or Pacific Islander, and White American), including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities, with specific attention paid to women and girls from historically underrepresented and minority groups; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State, local, and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; and (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities. (b) Research on Gender Pay Gap in Teenage Labor Force.-- (1) Research review.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women's Bureau, shall conduct a review and develop a synthesis of research on the gender wage gap among younger workers existing as of the date of enactment of this Act, and shall make such review and synthesis available on a publicly accessible website of the Department of Labor. (2) Authority to commission studies.--Not later than 36 months after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women's Bureau, shall request proposals and commission studies that can advance knowledge on the gender wage gap among younger workers, and shall make such studies available on a publicly accessible website of the Department of Labor. SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the National Award for Pay Equity in the Workplace, which shall be awarded by the Secretary of Labor in consultation with the Equal Employment Opportunity Commission, on an annual basis, to an employer to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), as amended by this Act. (b) Criteria for Qualification.--The Secretary of Labor, in consultation with the Equal Employment Opportunity Commission, shall-- (1) set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women and deserves special recognition as a consequence of such effort; and (2) establish procedures for the application and presentation of the award. (c) Business.--In this section, the term ``employer'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 7. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 24 months after the date of enactment of this subsection, the Commission shall provide for the annual collection from employers of compensation data disaggregated by the sex, race, and national origin of employees. The Commission may also require employers to submit other employment-related data (including hiring, termination, and promotion data) so disaggregated. ``(2) In carrying out paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. The Commission shall also consider factors including the imposition of burdens on employers, the frequency of required reports (including the size of employers required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format to report such data. ``(3)(A) For each 12-month reporting period for an employer, the data collected under paragraph (1) shall include compensation data disaggregated by the categories described in subparagraph (E). ``(B) For the purposes of collecting the disaggregated compensation data described in subparagraph (A), the Commission may use compensation ranges reporting-- ``(i) the number of employees of the employer who earn compensation in an amount that falls within such compensation range; and ``(ii) the total number of hours worked by such employees. ``(C) If the Commission uses compensation ranges to collect the pay data described in subparagraph (A), the Commission may adjust such compensation ranges-- ``(i) if the Commission determines that such adjustment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or ``(ii) for inflation, in consultation with the Bureau of Labor Statistics. ``(D) In collecting data described in subparagraph (A)(ii), the Commission may provide that, with respect to an employee who the employer is not required to compensate for overtime employment under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an employer may report-- ``(i) in the case of a full-time employee, that such employee works 40 hours per week, and in the case of a part- time employee, that such employee works 20 hours per week; or ``(ii) the actual number of hours worked by such employee. ``(E) The categories described in this subparagraph shall be determined by the Commission and shall include-- ``(i) race; ``(ii) national origin; ``(iii) sex; and ``(iv) job categories, including the job categories described in the instructions for the Equal Employment Opportunity Employer Information Report EEO-1, as in effect on the date of the enactment of this subsection. ``(F) The Commission shall use the compensation data collected under paragraph (1)-- ``(i) to enhance-- ``(I) the investigation of charges filed under section 706 or section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); and ``(II) the allocation of resources to investigate such charges; and ``(ii) for any other purpose that the Commission determines appropriate. ``(G) The Commission shall at 18-month intervals make publicly available aggregate compensation data collected under paragraph (1) for the categories described in subparagraph (E), disaggregated by industry, occupation, and core based statistical area (as defined by the Office of Management and Budget). ``(4) The compensation data under paragraph (1) shall be collected from each employer that-- ``(A) is a private employer that has 100 or more employees, including such an employer that is a contractor with the Federal Government, or a subcontractor at any tier thereof; or ``(B) the Commission determines appropriate.''. SEC. 8. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION. (a) Bureau of Labor Statistics Data Collection.--The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. (b) Office of Federal Contract Compliance Programs Initiatives.-- The Director of the Office of Federal Contract Compliance Programs shall collect compensation data and other employment-related data (including, hiring, termination, and promotion data) by demographics and designate not less than half of all nonconstruction contractors each year to prepare and file such data, and shall review and utilize the responses to such data to identify contractors for further evaluation and for other enforcement purposes as appropriate. (c) Department of Labor Distribution of Wage Discrimination Information.--The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination. SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND BENEFIT HISTORY. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section: ``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND BENEFIT HISTORY. ``(a) In General.--It shall be an unlawful practice for an employer to-- ``(1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment; ``(2) rely on the wage history of a prospective employee in determining the wages for such prospective employee, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee, after the employer makes an offer of employment with an offer of compensation to the prospective employee, to support a wage higher than the wage offered by the employer; ``(3) seek from a prospective employee or any current or former employer the wage history of the prospective employee, except that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer; or ``(4) discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee-- ``(A) opposed any act or practice made unlawful by this section; or ``(B) took an action for which discrimination is forbidden under section 15(a)(3). ``(b) Definition.--In this section, the term `wage history' means the wages paid to the prospective employee by the prospective employee's current employer or previous employer.''. (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) Any person who violates the provisions of section 8 shall-- ``(A) be subject to a civil penalty of $5,000 for a first offense, increased by an additional $1,000 for each subsequent offense, not to exceed $10,000; and ``(B) be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys' fees, and shall be subject to such injunctive relief as may be appropriate. ``(2) An action to recover the liability described in paragraph (1)(B) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of-- ``(A) the employees or prospective employees; and ``(B) other employees or prospective employees similarly situated.''. SEC. 10. NATIONAL EQUAL PAY ENFORCEMENT TASK FORCE. (a) In General.--There is established the National Equal Pay Enforcement Task Force, consisting of representatives from the Equal Employment Opportunity Commission, the Department of Justice, the Department of Labor, and the Office of Personnel Management. (b) Mission.--In order to improve compliance, public education, and enforcement of equal pay laws, the National Equal Pay Enforcement Task Force will ensure that the agencies in subsection (a) are coordinating efforts and limiting potential gaps in enforcement. (c) Duties.--The National Equal Pay Enforcement Task Force shall investigate challenges related to pay inequity pursuant to its mission in subsection (b), advance recommendations to address those challenges, and create action plans to implement the recommendations. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Prohibition on Earmarks.--None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives. SEC. 12. SMALL BUSINESS ASSISTANCE. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical Assistance Materials.--The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small enterprises in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses.--A small enterprise shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such enterprise is exempt from the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)). SEC. 13. NOTICE REQUIREMENTS. (a) In General.--Each employer shall post and keep posted, in conspicuous places on the premises of the employer where notices to employees are customarily posted, a notice, to be prepared or approved by the Equal Employment Opportunity Commission and the Secretary of Labor, of the requirements described in this Act (or the amendments made by such Act). (b) Relation to Existing Notices.--The notice under subsection (a) may be incorporated into notices required of the employer as of the date of enactment of this Act. (c) Digital Notice.--With respect to the notice under subsection (a), each employer shall-- (1) post electronic copies of the notice on an internal website to which employees have access; and (2) notify employees on such internal website of the location of the place on the premises where the notice is posted. SEC. 14. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions. SEC. 15. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of that provision or amendment to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision to other persons or circumstances shall not be affected. Passed the House of Representatives April 15, 2021. Attest: CHERYL L. JOHNSON, Clerk. Calendar No. 46 117th CONGRESS 1st Session H. R. 7 _______________________________________________________________________ AN ACT To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. _______________________________________________________________________ April 20, 2021 Read the second time and placed on the calendar
H.R. 7 (Reported in House) - Paycheck Fairness Act	https://www.govinfo.gov/content/pkg/BILLS-117hr7rh/html/BILLS-117hr7rh.htm	DOC Union Calendar No. 2 117th CONGRESS 1st Session H. R. 7 To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 28, 2021 Ms. DeLauro (for herself, Ms. Adams, Mr. Aguilar, Mr. Allred, Mr. Auchincloss, Mrs. Axne, Ms. Barragan, Mrs. Beatty, Mr. Bera, Mr. Beyer, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Blunt Rochester, Ms. Bonamici, Ms. Bourdeaux, Mr. Bowman, Mr. Brendan F. Boyle of Pennsylvania, Mr. Brown, Ms. Brownley, Ms. Bush, Mrs. Bustos, Mr. Butterfield, Mr. Carbajal, Mr. Cardenas, Mr. Carson, Mr. Cartwright, Mr. Case, Mr. Casten, Ms. Castor of Florida, Mr. Castro of Texas, Ms. Chu, Mr. Cicilline, Ms. Clark of Massachusetts, Ms. Clarke of New York, Mr. Cleaver, Mr. Clyburn, Mr. Cohen, Mr. Connolly, Mr. Cooper, Mr. Correa, Mr. Costa, Mr. Courtney, Ms. Craig, Mr. Crow, Mr. Cuellar, Ms. Davids of Kansas, Mr. Danny K. Davis of Illinois, Ms. Dean, Mr. DeFazio, Ms. DeGette, Ms. DelBene, Mr. Delgado, Mrs. Demings, Mr. DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Michael F. Doyle of Pennsylvania, Mr. Doggett, Ms. Escobar, Ms. Eshoo, Mr. Espaillat, Mr. Evans, Mrs. Fletcher, Mr. Foster, Ms. Lois Frankel of Florida, Mr. Gallego, Mr. Garamendi, Mr. Garcia of Illinois, Ms. Garcia of Texas, Mr. Golden, Mr. Gomez, Mr. Vicente Gonzalez of Texas, Mr. Gottheimer, Mr. Green of Texas, Mr. Grijalva, Mr. Harder of California, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Himes, Mr. Horsford, Ms. Houlahan, Mr. Hoyer, Mr. Huffman, Ms. Jackson Lee, Ms. Jacobs of California, Ms. Jayapal, Mr. Jeffries, Ms. Johnson of Texas, Mr. Johnson of Georgia, Mr. Jones, Mr. Kahele, Ms. Kaptur, Mr. Keating, Ms. Kelly of Illinois, Mr. Khanna, Mr. Kildee, Mr. Kilmer, Mr. Kim of New Jersey, Mr. Kind, Mrs. Kirkpatrick, Mr. Krishnamoorthi, Ms. Kuster, Mr. Lamb, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of Connecticut, Mrs. Lawrence, Mr. Lawson of Florida, Ms. Lee of California, Mrs. Lee of Nevada, Ms. Leger Fernandez, Mr. Levin of Michigan, Mr. Levin of California, Mr. Lieu, Ms. Lofgren, Mr. Lowenthal, Mrs. Luria, Mr. Lynch, Mr. Malinowski, Mrs. Carolyn B. Maloney of New York, Mr. Sean Patrick Maloney of New York, Ms. Manning, Ms. Matsui, Mrs. McBath, Ms. McCollum, Mr. McEachin, Mr. McGovern, Mr. McNerney, Mr. Meeks, Ms. Meng, Mr. Mfume, Ms. Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mrs. Murphy of Florida, Mr. Mrvan, Mr. Nadler, Mrs. Napolitano, Mr. Neguse, Mr. Neal, Ms. Newman, Mr. Norcross, Ms. Norton, Ms. Ocasio-Cortez, Mr. O'Halleran, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Pappas, Mr. Pascrell, Mr. Payne, Ms. Pelosi, Mr. Perlmutter, Mr. Peters, Mr. Phillips, Ms. Pingree, Ms. Plaskett, Mr. Pocan, Ms. Porter, Ms. Pressley, Mr. Price of North Carolina, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Ross, Ms. Roybal- Allard, Mr. Ruiz, Mr. Ruppersberger, Mr. Rush, Mr. Ryan, Mr. Sablan, Mr. San Nicolas, Ms. Sanchez, Mr. Sarbanes, Ms. Scanlon, Ms. Schakowsky, Mr. Schiff, Mr. Schneider, Mr. Schrader, Ms. Schrier, Mr. David Scott of Georgia, Mr. Scott of Virginia, Ms. Sewell, Mr. Sherman, Ms. Sherrill, Mr. Sires, Ms. Slotkin, Mr. Smith of Washington, Mr. Soto, Ms. Spanberger, Ms. Speier, Mr. Stanton, Ms. Stevens, Ms. Strickland, Mr. Suozzi, Mr. Swalwell, Mr. Takano, Mr. Thompson of Mississippi, Mr. Thompson of California, Ms. Titus, Ms. Tlaib, Mr. Tonko, Mrs. Torres of California, Mr. Torres of New York, Mrs. Trahan, Mr. Trone, Ms. Underwood, Mr. Vargas, Mr. Veasey, Mr. Vela, Ms. Velazquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. Watson Coleman, Mr. Welch, Ms. Wexton, Ms. Wild, Ms. Williams of Georgia, Ms. Wilson of Florida, Mr. Yarmuth, Mr. Smith of New Jersey, Mr. Fitzpatrick, Mr. Crist, and Ms. Bass) introduced the following bill; which was referred to the Committee on Education and Labor April 5, 2021 Additional sponsor: Mr. Van Drew April 5, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paycheck Fairness Act''. SEC. 2. ENHANCED ENFORCEMENT OF EQUAL PAY REQUIREMENTS. (a) Definitions.--Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following: ``(z) `Sex' includes-- ``(1) a sex stereotype; ``(2) pregnancy, childbirth, or a related medical condition; ``(3) sexual orientation or gender identity; and ``(4) sex characteristics, including intersex traits. ``(aa) `Sexual orientation' includes homosexuality, heterosexuality, and bisexuality. ``(bb) `Gender identity' means the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated sex at birth.''. (b) Bona Fide Factor Defense and Modification of Same Establishment Requirement.--Section 6(d)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(1)) is amended-- (1) by striking ``No employer having'' and inserting ``(A) No employer having''; (2) by striking ``any other factor other than sex'' and inserting ``a bona fide factor other than sex, such as education, training, or experience''; and (3) by inserting at the end the following: ``(B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job- related with respect to the position in question; (iii) is consistent with business necessity; and (iv) accounts for the entire differential in compensation at issue. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. ``(C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term `establishment' consistent with rules prescribed or guidance issued by the Equal Employment Opportunity Commission.''. (c) Nonretaliation Provision.--Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 215) is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``employee has filed'' and all that follows and inserting ``employee-- ``(A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry committee; ``(B) has opposed any practice made unlawful by this Act; or ``(C) has inquired about, discussed, or disclosed the wages of the employee or another employee (such as by inquiring or discussing with the employer why the wages of the employee are set at a certain rate or salary);''; (B) in paragraph (5), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(6) to require an employee to sign a contract or waiver that would prohibit the employee from disclosing information about the employee's wages.''; and (2) by adding at the end the following: ``(c) Subsection (a)(3)(C) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee's essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law.''. (d) Enhanced Penalties.--Section 16(b) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)) is amended-- (1) by inserting after the first sentence the following: ``Any employer who violates section 6(d), or who violates the provisions of section 15(a)(3) in relation to a violation of section 6(d), shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages.''; (2) in the sentence beginning ``An action to'', by striking ``the preceding sentences'' and inserting ``any of the preceding sentences of this subsection''; (3) in the sentence beginning ``No employees shall'', by striking ``No employees'' and inserting ``Except with respect to class actions brought to enforce section 6(d), no employee''; (4) by inserting after the sentence referred to in paragraph (3), the following: ``Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; and (5) in the sentence beginning ``The court in''-- (A) by striking ``in such action'' and inserting ``in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection''; and (B) by inserting before the period the following: ``, including expert fees''. (e) Action by the Secretary.--Section 16(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 216(c)) is amended-- (1) in the first sentence-- (A) by inserting ``or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b),'' before ``and the agreement''; and (B) by inserting before the period the following: ``, or such compensatory or punitive damages, as appropriate''; (2) in the second sentence, by inserting before the period the following: ``and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b)''; (3) in the third sentence, by striking ``the first sentence'' and inserting ``the first or second sentence''; and (4) in the sixth sentence-- (A) by striking ``commenced in the case'' and inserting ``commenced-- ``(1) in the case''; (B) by striking the period and inserting ``; or''; and (C) by adding at the end the following: ``(2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action.''. (f) Joint Enforcement Authority.-- (1) In general.--Notwithstanding section 1 of Reorganization Plan No. 1 of 1978 (92 Stat. 3781; 5 U.S.C. App.) and any other provision of law, the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, and the Equal Opportunity Employment Commission shall jointly carry out the functions and authorities described in such section and any other provision of law to enforce and administer the provisions of section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)) with respect to Federal contractors, Federal subcontractors, and federally- assisted construction contractors, within the jurisdiction of the Office of Federal Contract Compliance Programs under Executive Order 11246 (42 U.S.C. 2000e note; relating to equal employment opportunity) or a successor Executive Order. (2) Coordination.--The Equal Opportunity Employment Commission and the Secretary of Labor shall establish such coordinating mechanisms as necessary to carry out the joint authority under paragraph (1). SEC. 3. TRAINING. The Equal Employment Opportunity Commission and the Secretary of Labor, acting through the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 11, shall provide training to employees of the Commission and the Office of Federal Contract Compliance Programs and to affected individuals and entities on matters involving discrimination in the payment of wages. SEC. 4. NEGOTIATION SKILLS TRAINING. (a) Program Authorized.-- (1) In general.--The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program. (2) Grants.--In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities to carry out negotiation skills training programs for the purposes of addressing pay disparities, including through outreach to women and girls. (3) Eligible entities.--To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization. (4) Application.--To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require. (5) Use of funds.--An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program for the purposes described in paragraph (2). (b) Incorporating Training Into Existing Programs.--The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under-- (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and (2) in the case of the Secretary of Labor, the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate. (c) Report.--Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Secretary of Labor, in consultation with the Secretary of Education, shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this section. SEC. 5. RESEARCH, EDUCATION, AND OUTREACH. (a) In General.--Not later than 18 months after the date of enactment of this Act, and periodically thereafter, the Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women (including women who are Asian American, Black or African-American, Hispanic American or Latino, Native American or Alaska Native, Native Hawaiian or Pacific Islander, and White American), including-- (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities, with specific attention paid to women and girls from historically underrepresented and minority groups; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State, local, and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; and (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities. (b) Report on Gender Pay Gap in Teenage Labor Force.-- (1) Report required.--Not later than one year after the date of the enactment of this Act, the Secretary of Labor, acting through the Director of the Women's Bureau and in coordination with the Commissioner of Labor Statistics, shall-- (A) submit to Congress a report on the gender pay gap in the teenage labor force; and (B) make the report available on a publicly accessible website of the Department of Labor. (2) Elements.--The report under subsection (a) shall include the following: (A) An examination of trends and potential solutions relating to the teenage gender pay gap. (B) An examination of how the teenage gender pay gap potentially translates into greater wage gaps in the overall labor force. (C) An examination of overall lifetime earnings and losses for informal and formal jobs for women, including women of color. (D) An examination of the teenage gender pay gap, including a comparison of the average amount earned by males and females, respectively, in informal jobs, such as babysitting and other freelance jobs, as well as formal jobs, such as retail, restaurant, and customer service. (E) A comparison of-- (i) the types of tasks typically performed by women from the teenage years through adulthood within certain informal jobs, such as babysitting and other freelance jobs, and formal jobs, such as retail, restaurant, and customer service; and (ii) the types of tasks performed by younger males in such positions. (F) Interviews and surveys with workers and employers relating to early gender-based pay discrepancies. (G) Recommendations for-- (i) addressing pay inequality for women from the teenage years through adulthood, including such women of color; (ii) addressing any disadvantages experienced by young women with respect to work experience and professional development; (iii) the development of standards and best practices for workers and employees to ensure better pay for young women and the prevention of early inequalities in the workplace; and (iv) expanding awareness for teenage girls on pay rates and employment rights in order to reduce greater inequalities in the overall labor force. SEC. 6. ESTABLISHMENT OF THE NATIONAL AWARD FOR PAY EQUITY IN THE WORKPLACE. (a) In General.--There is established the National Award for Pay Equity in the Workplace, which shall be awarded by the Secretary of Labor in consultation with the Equal Employment Opportunity Commission, on an annual basis, to an employer to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)), as amended by this Act. (b) Criteria for Qualification.--The Secretary of Labor, in consultation with the Equal Employment Opportunity Commission, shall-- (1) set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women and deserves special recognition as a consequence of such effort; and (2) establish procedures for the application and presentation of the award. (c) Business.--In this section, the term ``employer'' includes-- (1)(A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). SEC. 7. COLLECTION OF PAY INFORMATION BY THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. Section 709 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-8) is amended by adding at the end the following: ``(f)(1) Not later than 18 months after the date of enactment of this subsection, the Commission shall provide for the collection from employers of compensation data and other employment-related data (including hiring, termination, and promotion data) disaggregated by the sex, race, and national origin of employees. ``(2) In carrying out paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including the size of employers required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format to report such data. ``(3)(A) For each 12-month reporting period for an employer, the compensation data collected under paragraph (1) shall include, for each range of taxable compensation described in subparagraph (B), disaggregated by the categories described in subparagraph (E)-- ``(i) the number of employees of the employer who earn taxable compensation in an amount that falls within such taxable compensation range; and ``(ii) the total number of hours worked by such employees. ``(B) Subject to adjustment under subparagraph (C), the taxable compensation ranges described in this subparagraph are as follows: ``(i) Not more than $19,239. ``(ii) Not less than $19,240 and not more than $24,439. ``(iii) Not less than $24,440 and not more than $30,679. ``(iv) Not less than $30,680 and not more than $38,999. ``(v) Not less than $39,000 and not more than $49,919. ``(vi) Not less than $49,920 and not more than $62,919. ``(vii) Not less than $62,920 and not more than $80,079. ``(viii) Not less than $80,080 and not more than $101,919. ``(ix) Not less than $101,920 and not more than $128,959. ``(x) Not less than $128,960 and not more than $163,799. ``(xi) Not less than $163,800 and not more than $207,999. ``(xii) Not less than $208,000. ``(C) The Commission may adjust the taxable compensation ranges under subparagraph (B)-- ``(i) if the Commission determines that such adjustment is necessary to enhance enforcement of Federal laws prohibiting pay discrimination; or ``(ii) for inflation, in consultation with the Bureau of Labor Statistics. ``(D) In collecting data described in subparagraph (A)(ii), the Commission shall provide that, with respect to an employee who the employer is not required to compensate for overtime employment under section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207), an employer may report-- ``(i) in the case of a full-time employee, that such employee works 40 hours per week, and in the case of a part- time employee, that such employee works 20 hours per week; or ``(ii) the actual number of hours worked by such employee. ``(E) The categories described in this subparagraph shall be determined by the Commission and shall include-- ``(i) race; ``(ii) national origin; ``(iii) sex; and ``(iv) job categories, including the job categories described in the instructions for the Equal Employment Opportunity Employer Information Report EEO-1, as in effect on the date of the enactment of this subsection. ``(F) The Commission shall use the compensation data collected under paragraph (1)-- ``(i) to enhance-- ``(I) the investigation of charges filed under section 706 or section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); and ``(II) the allocation of resources to investigate such charges; and ``(ii) for any other purpose that the Commission determines appropriate. ``(G) The Commission shall annually make publicly available aggregate compensation data collected under paragraph (1) for the categories described in subparagraph (E), disaggregated by industry, occupation, and core based statistical area (as defined by the Office of Management and Budget). ``(4) The compensation data under paragraph (1) shall be collected from each employer that-- ``(A) is a private employer that has 100 or more employees, including such an employer that is a contractor with the Federal Government, or a subcontractor at any tier thereof; or ``(B) the Commission determines appropriate.''. SEC. 8. REINSTATEMENT OF PAY EQUITY PROGRAMS AND PAY EQUITY DATA COLLECTION. (a) Bureau of Labor Statistics Data Collection.--The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. (b) Office of Federal Contract Compliance Programs Initiatives.-- The Director of the Office of Federal Contract Compliance Programs shall collect compensation data and other employment-related data (including, hiring, termination, and promotion data) by demographics and designate not less than half of all nonconstruction contractors each year to prepare and file such data, and shall review and utilize the responses to such data to identify contractors for further evaluation and for other enforcement purposes as appropriate. (c) Department of Labor Distribution of Wage Discrimination Information.--The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination. SEC. 9. PROHIBITIONS RELATING TO PROSPECTIVE EMPLOYEES' SALARY AND BENEFIT HISTORY. (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section: ``SEC. 8. REQUIREMENTS AND PROHIBITIONS RELATING TO WAGE, SALARY, AND BENEFIT HISTORY. ``(a) In General.--It shall be an unlawful practice for an employer to-- ``(1) rely on the wage history of a prospective employee in considering the prospective employee for employment, including requiring that a prospective employee's prior wages satisfy minimum or maximum criteria as a condition of being considered for employment; ``(2) rely on the wage history of a prospective employee in determining the wages for such prospective employee, except that an employer may rely on wage history if it is voluntarily provided by a prospective employee, after the employer makes an offer of employment with an offer of compensation to the prospective employee, to support a wage higher than the wage offered by the employer; ``(3) seek from a prospective employee or any current or former employer the wage history of the prospective employee, except that an employer may seek to confirm prior wage information only after an offer of employment with compensation has been made to the prospective employee and the prospective employee responds to the offer by providing prior wage information to support a wage higher than that offered by the employer; or ``(4) discharge or in any other manner retaliate against any employee or prospective employee because the employee or prospective employee-- ``(A) opposed any act or practice made unlawful by this section; or ``(B) took an action for which discrimination is forbidden under section 15(a)(3). ``(b) Definition.--In this section, the term `wage history' means the wages paid to the prospective employee by the prospective employee's current employer or previous employer.''. (b) Penalties.--Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection: ``(f)(1) Any person who violates the provisions of section 8 shall-- ``(A) be subject to a civil penalty of $5,000 for a first offense, increased by an additional $1,000 for each subsequent offense, not to exceed $10,000; and ``(B) be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys' fees, and shall be subject to such injunctive relief as may be appropriate. ``(2) An action to recover the liability described in paragraph (1)(B) may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees or prospective employees for and on behalf of-- ``(A) the employees or prospective employees; and ``(B) other employees or prospective employees similarly situated.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this Act. (b) Prohibition on Earmarks.--None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(e) of rule XXI of the Rules of the House of Representatives. SEC. 11. SMALL BUSINESS ASSISTANCE. (a) Effective Date.--This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical Assistance Materials.--The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small enterprises in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses.--A small enterprise shall be exempt from the provisions of this Act, and the amendments made by this Act, to the same extent that such enterprise is exempt from the requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) pursuant to clauses (i) and (ii) of section 3(s)(1)(A) of such Act (29 U.S.C. 203(s)(1)(A)). SEC. 12. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including being subject to any penalties, fines, or other sanctions. SEC. 13. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of that provision or amendment to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act, the amendments made by this Act, or the application of that provision to other persons or circumstances shall not be affected. Union Calendar No. 2 117th CONGRESS 1st Session H. R. 7 _______________________________________________________________________ A BILL To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. _______________________________________________________________________ April 5, 2021 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
H.R. 80 (Introduced in House) - John Tanner Fairness and Independence in Redistricting Act	https://www.govinfo.gov/content/pkg/BILLS-117hr80ih/html/BILLS-117hr80ih.htm	DOC 117th CONGRESS 1st Session H. R. 80 To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Cooper introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``John Tanner Fairness and Independence in Redistricting Act''. (b) Finding.--Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. SEC. 2. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT. The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting'', approved December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the following: ``A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled `An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress', approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).''. SEC. 3. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF INDEPENDENT STATE COMMISSION OR PLAN OF HIGHEST STATE COURT. (a) Use of Plan Required.-- (1) In general.--Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with-- (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 4; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 5. (2) Treatment of commissions established pursuant to laws enacted prior to enactment.--If Congressional redistricting in a State is conducted in accordance with a redistricting plan developed by a commission which was established in the State pursuant to a law enacted prior to the date of the enactment of this Act, the redistricting shall be deemed to meet the requirement of subparagraph (A) of paragraph (1). (3) Other criteria and procedures permitted.--Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner provided by the law thereof'' and inserting: ``in the manner provided by the John Tanner Fairness and Independence in Redistricting Act''. SEC. 4. INDEPENDENT REDISTRICTING COMMISSION. (a) Administrative Matters.-- (1) Appointment of members.--Each State shall establish an independent redistricting commission composed of-- (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than one) from each of the following categories: (i) Members appointed by a member of the upper house of the State legislature who represents the political party with the greatest number of seats in that house. (ii) Members appointed by a member of the upper house of the State legislature who represents the political party with the second greatest number of seats in that house. (iii) Members appointed by a member of the lower house of the State legislature who represents the political party with the greatest number of seats in that house. (iv) Members appointed by a member of the lower house of the State legislature who represents the political party with the second greatest number of seats in that house. (2) Special rule for states with unicameral legislature.-- In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of-- (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 2) from each of the following categories: (i) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the greatest number of votes on average in the 3 most recent general elections for that office. (ii) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the second greatest number of votes on average in the 3 most recent general elections for that office. (3) Eligibility.--An individual is eligible to serve as a member of an independent redistricting commission if-- (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, or serve as an employee of a political party or candidate for election for public office, at any time during the 4-year period ending on the December 31 preceding the date of appointment; and (C) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a). (4) Vacancy.--A vacancy in the commission shall be filled in the manner in which the original appointment was made. (5) Deadline.--Each State shall establish a commission under this section, and the members of the commission shall appoint the commission's chair, not later than the date on which the chief executive of a State receives the State apportionment notice. (6) Appointment of chair required prior to development of redistricting plan.--The commission may not take any action to develop a redistricting plan for the State under subsection (b) until the appointment of the commission's chair in accordance with paragraph (1)(E). (7) Requiring all meetings to be open to public.--The commission shall hold each of its meetings in public. (8) Internet site.--As soon as practicable after establishing the commission, the State shall establish and maintain a public internet site for the commission which meets the following requirements: (A) The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. (B) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (C) The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). (D) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission's activities. (b) Development of Redistricting Plan.-- (1) Criteria.--The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the ``one person, one vote'' standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district, in the following order of priority: (i) The continuity of counties or parishes. (ii) The continuity of municipalities. (iii) The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). (E) To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). (F) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (2) Factors prohibited from consideration.--In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Solicitation of public input in development of plans.-- The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission internet site and other methods. (4) Public notice of plans prior to submission to legislature.--Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission internet site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: (A) A detailed version of the plan, including a map showing each Congressional district established under the plan and the voting age population by race of each such district. (B) A statement providing specific information on how the adoption of the plan would serve the public interest. (C) Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. (c) Submission of Plans to Legislature.-- (1) In general.--At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature.--After receiving any redistricting plan under paragraph (1), the legislature of a State may-- (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan.-- (A) In general.--A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and-- (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule.--In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if-- (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. (d) Requiring Majority Approval For Actions.--The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (e) Termination.-- (1) In general.--The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records.--The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. SEC. 5. SELECTION OF PLAN BY COURTS. (a) State Court.-- (1) Submission and selection of plan.--If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 4(c)(3) by the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 4 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted.--The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal Court.-- (1) Failure of state court to select plan.-- (A) Notice to court if plan not selected by state court.--If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by federal court.--Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of state to establish commission.-- (A) In general.--If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice-- (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission.--For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria.--It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 4(b). (c) Access to Information and Records of Commission.--A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. SEC. 6. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF FEDERAL COURT. If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965, sections 4 and 5 shall apply with respect to the redistricting, except that-- (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission's chair (as described in section 4(a)(5)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(c)(1) and section 4(e)) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 5(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 5(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. SEC. 7. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING. (a) Authorization of Payments.--Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall make a payment to the State in an amount equal to the product of-- (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds.--A State shall use the payment made under this section to establish and operate the State's independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No Payment to States With Single Member.--The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment.--The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for payments under this section. SEC. 8. STATE APPORTIONMENT NOTICE DEFINED. In this Act, the ``State apportionment notice'' means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives to which the State is entitled. SEC. 9. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE. Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. SEC. 10. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020. all
H.R. 81 (Introduced in House) - Redistricting Transparency Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr81ih/html/BILLS-117hr81ih.htm	DOC 117th CONGRESS 1st Session H. R. 81 To require States to carry out Congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals and have the opportunity to participate in the development of such proposals prior to their adoption, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 4, 2021 Mr. Cooper introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require States to carry out Congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals and have the opportunity to participate in the development of such proposals prior to their adoption, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY. (a) Short Title.--This Act may be cited as the ``Redistricting Transparency Act of 2021''. (b) Finding.--Congress finds that it has the authority to require States to follow certain procedures in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because-- (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. SEC. 2. REQUIRING REDISTRICTING TO BE CONDUCTED UNDER PROCEDURES PROVIDING OPPORTUNITY FOR PUBLIC PARTICIPATION. (a) Requirement.-- (1) In general.--Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with a process under which the entity responsible for developing Congressional redistricting plans in the State (hereafter in this Act referred to as the ``State redistricting entity'')-- (A) in accordance with section 3, establishes and operates an internet site; (B) in accordance with section 4, provides opportunities for participation by members of the public in the initial development of such plans; (C) in accordance with section 5, provides opportunities for members of the public to respond to the proposed final Congressional redistricting plan; and (D) in accordance with section 6, notifies members of the public regarding the final Congressional redistricting plan adopted for the State. (2) Other procedures permitted.--Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such procedures as the State considers appropriate, to the extent that such procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (3) No effect on redistricting for state or local elections.--Nothing in this Act or the amendments made by this Act may be construed to affect any procedures a State or a unit of local government in a State may use to conduct redistricting with respect to elections for State or local offices. (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in the manner provided by the law thereof'' and inserting: ``in a manner consistent with the requirements of the Redistricting Transparency Act of 2019''. SEC. 3. PUBLIC INTERNET SITE FOR STATE REDISTRICTING ENTITY. (a) Establishment and Operation of Site.--Each State redistricting entity shall establish and maintain a public internet site which meets the following requirements: (1) The site is updated continuously to provide advance notice of meetings held by the entity and to otherwise provide timely information on the entity's activities. (2) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting results in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (3) The site permits any individual to submit comments on any plan proposed by the entity, and to submit questions, comments, and other information with respect to the entity's activities. (4) The site includes any other information the entity is required to post under this Act. (b) Deadline for Posting of Comments Submitted by Public.--The State redistricting entity shall ensure that any comment submitted by a member of the public to the site established under this section, including a comment on any plan proposed by the entity or any other person, and any other comment relating to Congressional redistricting in the State, is posted on the site not later than 72 hours after submission. (c) Updating of Information.--The State redistricting entity shall take all actions necessary to ensure that the site established under this section is updated continuously to provide timely advance notice of the entity's meetings and to otherwise provide timely information on the entity's activities. (d) Deadline.--The State redistricting entity shall establish the site under this section as soon as practicable after the completion of the regular decennial census, but in no case later than the final deadline provided under section 22(b) of the Act entitled ``An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress'', approved June 18, 1929 (2 U.S.C. 2a), for the Clerk of the House of Representatives to transmit to the State the notice of the number of Representatives to which the State is entitled in the following Congress. SEC. 4. OPPORTUNITIES FOR PARTICIPATION IN INITIAL DEVELOPMENT OF CONGRESSIONAL REDISTRICTING PLANS. During the 60-day period which begins on the date the State receives the notice referred to in section 3(d), the State redistricting entity shall solicit the input of members of the public in its work to develop initial Congressional redistricting plans for the State by carrying out the following activities: (1) Publishing and posting on the internet site established under section 3 the criteria which the entity will use to develop the Congressional redistricting plan for the State. (2) Holding at least one hearing in the State at which members of the public may provide comments on such criteria and any other issues relating to Congressional redistricting in the State. (3) Publishing and posting the transcript of each such hearing, or posting a link to a video recording of each such hearing, on the internet site not later than 7 days after the conclusion of the hearing. SEC. 5. OPPORTUNITIES TO RESPOND TO PROPOSED FINAL CONGRESSIONAL REDISTRICTING PLAN ADOPTED BY REDISTRICTING ENTITY. (a) Notice of Final Plan.--Not later than 10 days prior to adopting a final Congressional redistricting plan for the State, the State redistricting entity shall post on the internet site established under section 3 (and, if practicable, cause to have published in newspapers of general circulation throughout the State) the following information: (1) A detailed version of the proposed final plan, including-- (A) a map showing each Congressional district established under the plan; (B) a statement of the voting age population by race and membership in a language minority group of each such district; and (C) a statement of the number of registered voters in each such district, broken down by political party affiliation to the extent that such information is available under State law. (2) A statement explaining the entity's reasons for adopting the proposed final plan and the reasons why the adoption of the plan will best serve the public interest. (3) Any dissenting statement of any member of the entity who did not approve the proposed final plan. (4) A statement that members of the public may submit comments regarding the proposed final plan through the internet site, together with information on how members of the public may submit such comments to the entity through other methods. (b) Public Hearing Prior to Adoption of Final Plan.--Not later than 7 days prior to adopting the final Congressional redistricting plan for the State, the State redistricting entity shall hold at least one hearing in the State at which members of the public may provide comments on the plan and members of the entity may explain the reasons why the adoption of the plan will best serve the public interest. The entity shall publish and post the transcript of each such hearing, or post a link to a video recording of each such hearing, on the internet site established under section 3. (c) Treatment of Amended and New Plans.--If, in response to public comment or for any other reason, the State redistricting entity posts an amended version of the proposed final Congressional redistricting plan which is posted on the internet site under subsection (a) or posts a new proposed final Congressional redistricting plan, subsections (a) and (b) shall apply with respect to the amended version of the plan or the new plan in the same manner as such subsections apply with respect to the proposed final plan which is first posted under subsection (a), except to the extent that the application of such subsections would require the entity to violate a deadline established by State law for the submission of a final Congressional redistricting plan to the State legislature. SEC. 6. NOTICE OF FINAL ADOPTED CONGRESSIONAL REDISTRICTING PLAN. Not later than 7 days after the State redistricting entity adopts the final Congressional redistricting plan for the State, the entity shall post on the internet site established under section 3 (and, if practicable, cause to have published in newspapers of general circulation throughout the State) the following information: (1) A detailed version of the plan, including-- (A) a map showing each Congressional district established under the plan; (B) a statement for each such district of the total population and voting age population by race and membership in a language minority group; and (C) a statement of the number of registered voters in each such district, broken down by political party affiliation to the extent that such information is available under State law. (2) To the extent that the State maintains data on the number of registered voters by race and membership in a language minority group, a statement for each such district of the number of registered voters by race and membership in a language minority group. (3) A statement explaining the entity's reasons for adopting the plan and the reasons why the adoption of the plan will best serve the public interest. (4) Any dissenting statements of any members of the entity who did not approve the plan. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020. all
H.R. 8 (Engrossed in House) - Bipartisan Background Checks Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr8eh/html/BILLS-117hr8eh.htm	DOC 117th CONGRESS 1st Session H. R. 8 _______________________________________________________________________ AN ACT To require a background check for every firearm sale. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Background Checks Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun purchase or possession are not able to obtain firearms. SEC. 3. FIREARMS TRANSFERS. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). ``(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. ``(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer or exchange (which, for purposes of this subsection, means an in-kind transfer of a firearm of the same type or value) that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including harm to self, and the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; ``(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or ``(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or ``(iii) while in the presence of the transferor. ``(3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General. ``(4) The Attorney General shall make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check under subsection (t) and this subsection, and the notice and form required under paragraph (3) of this subsection.''. (b) Amendment to Section 924(a).--Section 924(a)(5) of title 18, United States Code, is amended by striking ``(s) or (t)'' and inserting ``(s), (t), or (aa)''. (c) Rules of Interpretation.--Nothing in this Act, or any amendment made by this Act, shall be construed to-- (1) authorize the establishment, directly or indirectly, of a national firearms registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. (d) Effective Date.--The amendment made by subsections (a) and (b) shall take effect 180 days after the date of enactment of this Act. Passed the House of Representatives March 11, 2021. Attest: Clerk. 117th CONGRESS 1st Session H. R. 8 _______________________________________________________________________ AN ACT To require a background check for every firearm sale.
H.R. 8 (Introduced in House) - Bipartisan Background Checks Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr8ih/html/BILLS-117hr8ih.htm	DOC 117th CONGRESS 1st Session H. R. 8 To require a background check for every firearm sale. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES March 1, 2021 Mr. Thompson of California (for himself, Mr. Nadler, Mr. Upton, Ms. Jackson Lee, Mr. Smith of New Jersey, Ms. Kelly of Illinois, Mr. Fitzpatrick, and Mrs. McBath) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require a background check for every firearm sale. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Background Checks Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun possession are not able to obtain firearms. SEC. 3. FIREARMS TRANSFERS. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). ``(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. ``(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; ``(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or ``(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or ``(iii) while in the presence of the transferor. ``(3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General.''. (b) Amendment to Section 924(a).--Section 924(a)(5) of title 18, United States Code, is amended by striking ``(s) or (t)'' and inserting ``(s), (t), or (aa)''. (c) Rules of Interpretation.--Nothing in this Act, or any amendment made by this Act, shall be construed to-- (1) authorize the establishment, directly or indirectly, of a national firearms registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. (d) Effective Date.--The amendment made by subsections (a) and (b) shall take effect 180 days after the date of enactment of this Act. all
H.R. 8 (Received in Senate) - Bipartisan Background Checks Act of 2021	https://www.govinfo.gov/content/pkg/BILLS-117hr8rds/html/BILLS-117hr8rds.htm	DOC 117th CONGRESS 1st Session H. R. 8 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES March 11, 2021 Received _______________________________________________________________________ AN ACT To require a background check for every firearm sale. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Background Checks Act of 2021''. SEC. 2. PURPOSE. The purpose of this Act is to utilize the current background checks process in the United States to ensure individuals prohibited from gun purchase or possession are not able to obtain firearms. SEC. 3. FIREARMS TRANSFERS. (a) In General.--Section 922 of title 18, United States Code, is amended by adding at the end the following: ``(aa)(1)(A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the firearm for the purpose of complying with subsection (t). ``(B) Upon taking possession of a firearm under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring the firearm from the inventory of the licensee to the unlicensed transferee. ``(C) If a transfer of a firearm described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the firearm (including because the transfer of the firearm to, or receipt of the firearm by, the transferee would violate this chapter), the return of the firearm to the transferor by the licensee shall not constitute the transfer of a firearm for purposes of this chapter. ``(2) Paragraph (1) shall not apply to-- ``(A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; ``(B) a transfer or exchange (which, for purposes of this subsection, means an in-kind transfer of a firearm of the same type or value) that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, including step-parents and their step-children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren, if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law; ``(C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; ``(D) a temporary transfer that is necessary to prevent imminent death or great bodily harm, including harm to self, family, household members, or others, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm, including harm to self, and the harm of domestic violence, dating partner violence, sexual assault, stalking, and domestic abuse; ``(E) a transfer that is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or ``(F) a temporary transfer if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms under State or Federal law, and the transfer takes place and the transferee's possession of the firearm is exclusively-- ``(i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; ``(ii) while reasonably necessary for the purposes of hunting, trapping, pest control on a farm or ranch, or fishing, if the transferor-- ``(I) has no reason to believe that the transferee intends to use the firearm in a place where it is illegal; and ``(II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, pest control on a farm or ranch, or fishing; or ``(iii) while in the presence of the transferor. ``(3) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of, or title to, a firearm to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General. ``(4) The Attorney General shall make available to any person licensed under this chapter both Spanish and English versions of the form required for the conduct of a background check under subsection (t) and this subsection, and the notice and form required under paragraph (3) of this subsection.''. (b) Amendment to Section 924(a).--Section 924(a)(5) of title 18, United States Code, is amended by striking ``(s) or (t)'' and inserting ``(s), (t), or (aa)''. (c) Rules of Interpretation.--Nothing in this Act, or any amendment made by this Act, shall be construed to-- (1) authorize the establishment, directly or indirectly, of a national firearms registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. (d) Effective Date.--The amendment made by subsections (a) and (b) shall take effect 180 days after the date of enactment of this Act. Passed the House of Representatives March 11, 2021. Attest: CHERYL L. JOHNSON, Clerk.